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HomeMy WebLinkAbout FULL PACKET_2019-03-19MINUTES OF THE REGULAR AND SPECIAL OPEN ITEM MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 5, 2019 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:05 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:19 P.M.) JUAN VILLEGAS, Mayor Pro Tem CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO (5:35 P.M.) JOSE SOLORIO COUNCILMEMBERS Absent: WARD 4 VACANT* STAFF Present: STEVEN MENDOZA, Acting City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council * Ward 4 councilmember representative resigned on Friday, March 1, 2019. PUBLIC COMMENTS — NONE COUNCIL RECESSED TO Room 147 for Closed Session discussion at 5:05 P.M. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Ross Barrera, et al., v. City of Santa Ana, et al., United States District Court Case No. 30-2015-00771129-CU-WM-CJC. CITY COUNCIL MINUTES 10A-1 MARCH 5, 2019 2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (one case) 3. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to Government Code 54957(b)(1) Title: City Manager, Acting City Manager, or Interim City Manager 4. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to Government Code 54957(b)(1) Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT - See Agenda Item 19A for reportable action. ADJOURNED CLOSED SESSION AND CONVENED TO THE REGULAR OPEN SESSION AT 5:58 PM. CITY COUNCIL MINUTES 2 MARCH 5, 2019 10A-2 CALLED TO ORDER REGULAR OPEN SESSION COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:01 PM ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tem CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO COUNCILMEMBERS Absent: WARD 4 VACANT* STAFF Present: STEVEN MENDOZA, Acting City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council * Ward 4 councilmember representative resigned on Friday, March 1, 2019. PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS MAYOR PULIDO DR. CURTIS SMITH, POLICE CHAPLAIN • CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing Debbie McEwen for contributions to the community. CLOSED SESSION REPORT The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS — (Agendized items) — See 19C. CITY COUNCIL MINUTES 3 MARCH 5, 2019 10A-3 CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items10A through 32A, with the following modifications: • Councilmember Iglesias pulled Agenda Item 19D, 20A, 20B, 23A and 25B for separate discussion. • Mayor Pulido pulled Agenda Item 19C for separate discussion. • Councilmember Solorio pulled Item 25G to reconsider motion and continue for a month (Solorio motioned, Penaloza seconded: 6-0) MOTION: Villegas VOTE: AYES: NOES: ABSTAIN SECOND: Penaloza Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) ABSENT: None (0) • Ward 4 councilmember representative resigned on Friday, March 1, 2019. • Councilmember Iglesias clarified her intention to pull Item 19D. ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING ADJOURNED PUBLIC HEARING ITEM AND REGULAR MEETING OF FEBRUARY 19, 2019 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATED BY COUNCILMEMBER PENALOZA TO APPOINT FELIX RIVERA TO THE PLANNING COMMISSION FOR A FULL-TERM EXPIRING DECEMBER 13, 2022 AS THE WARD 2 REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Nominate Felix Rivera for an appointment to the Planning Commission as the Ward 2 representative (replaces L. Verino). CITY COUNCIL MINUTES 4 MARCH 5, 2019 i 13B. BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT JULY THROUGH DECEMBER 2018 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Receive and file MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None 19C. AUTHORIZE THE REQUEST FOR PROPOSALS FOR THE SALE OF CITY - OWNED PROPERTIES WITH RESTRICTEDUSE OF PROCEEDS AND ALLOW FOR DIRECT NEGOTIATION FOR SALE OF -EXEMPT REAL PROPERTY PER SANTA ANA MUNICIPAL CODE (GRANT FUNDED) {STRATEGIC PLAN NOS. 3, 2C, 5A & 6, 1G}{STRATEGIC' PLAN NO. 5, 1} — Public Works Agency Continued from the February 19, 2019 City Council meeting by a vote of 6-0 (Reyna absent). The following spoke on matter: • Karen Rodriguez, expressed concern over item and requested City Council to continue item to a later date. • Nabor Palomino, urged City Council to promote open space, affordable housing, and meet community needs. • Irma Rivera, expressed concern over lack of affordable housing. • Uguchi Anaebere Nicholson, addressed City Council to request item to be continued to address Surplus Land Act concerns. • Paul Gonzales, urged City Council to continue item and to address Surplus Land Act concerns. • Silvia Avendano, urged City Council to consider land use to meet community needs. • William Nasumento, in support of item. • Maria Ramirez, urged City Council to consider land use to meet community needs and affordable housing. • Leonel Velazquez, urged City Council to consider land use to meet community needs. • Hilda Ortiz, urged City Council to continue item and to address Surplus Land Act concerns Council discussion ensued. Councilmember Sarmiento, suggested confining sale of land to meet some form of community need. Directed staff to prepare proposal of land use and different CITY COUNCIL MINUTES 5 MARCH 5, 2019 10A-5 configurations that may occur that may have community benefit and to revise Request for Proposals (RFP) accordingly. Directed City Attorney to include language in RFP that will require public benefit. Councilmember Solorio, supportive of comments made by Councilmember Sarmiento and continue item to two weeks. Directed staff to identify parcels that may meet community needs. Councilmember Iglesias, inquired about the RFP process. Councilmember Sarmiento, inquired from City Attorney Carvalho if item can be approved subject to expressed language to incorporate community benefit. City Attorney Carvalho, informed City Council parcels are exempt from Surplus Land Act. Councilmember Solorio, requested as part of the RFP, to include hearings, community support for open space and housing, but mindful of current land use and general plan designations. Councilmember Sarmiento, moved item subject to council input to be incorporated; seconded by Councilmember Solorio. Mayor Pulido, suggested to the maker of the motion that perhaps staff to communicate with community in identifying parcel of interest in which City can possibly purchase with the intent to meet community needs. FRIENDLY AMENDED MOTION; Authorize the Executive Director of the Public Works Agency to proceed with the release of a Request for Proposals (RFP) for the sale of City -owned properties purchased with grant funding and with restricted use of proceeds, and allow for direct negotiation for sale of exempt real property, consistent with Santa Ana Municipal Code (SAMC) Article V, Sections 2-706 and 2-709. In addition, incorporate some of the principles of the California Surplus Land Act to promote community benefit as part of the RFP and identify and purchase a site to convert into a park either by City or advocates. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: Ward 4 representative vacant. SECOND: Solorio Iglesias, Penaloza, Villegas (6) None (0) None (0) None (0) Pulido, Sarmiento, Solorio, CITY COUNCIL MINUTES 6 MARCH 5, 2019 10A-6 19D. REPORT OF CITY'S CALPERS EMPLOYEE PENSION PLANS AS OF JUNE 30, 2017{STRATEGIC PLAN NO. 4, 11 — Finance and Management Services' Agency Council discussion ensued. Councilmember Iglesias, supportive of conducting study session. Councilmember Solorio, supportive of conducting study session. MOTION: Receive and file. MOTION: Iglesias VOTE: AYES: NOES: ABSTAIN: ABSENT: * Ward 4 representative vacant. SECOND: Villegas Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) `I mama None (0) None (0) 19E. SINGLE AUDIT REPORT FOR FISCAL YEAR 2017-2018 ENDING JUNE 30, 2018 {STRATEGIC PLAN NO. 4, 1} — Finance and Management Services Agency MOTION: Receive and file. 19F. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES OCTOBER 2018 — DECEMBER 2018 {STRATEGIC PLAN NO. 5, 3C} - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on January 23, 2019 by a vote of 7-0. MOTION: Receive and file. 19G. PUBLIC WORKS AGENCY MONTHLY PROJECT STATUS AND CAPITAL IMPROVEMENT PROGRAM REPORT FOR FEBRUARY 2019 {STRATEGIC PLAN NO. 5, 1) — Public Works Agency CITY COUNCIL MINUTES 7 MARCH 5, 2019 10A-7 The CIP Executive Summary Schedule is available on the City's website at https•//www santa-ana.orq/sites/defauIt/files/pw/documents/Executive-Monthly- C I P -U pd ate -February -2019. pdf MOTION: Receive and file. 19H. WATER ENTERPRISE ALTERNATIVE ENERGY FEASIBILITY STUDY (NONGENERAL FUND) {STRATEGIC PLAN NO. 5,2) — Public Works Agency MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. AWARD A PURCHASE ORDER TO ULTIMATE POOL REMODELING, FOR SWIMMING POOL RESURFACING AND REPAIRAT MEMORIAL F SALGADO PARK, AND SANTA ANITA PARK POOLS ($365,9£ (SPECIFICATION NO. 19-002) {STRATEGIC PLAN NO. 5,;4) — Financ Management Services Agency; and Parks, Recreation ' and, Comn Services Agency Council discussion ensued. Councilmember. Sarmiento, directed staff to provide Council with policy addressing bidding process. Councilmember Solorio, suggested presenting issue to Economic Development, Infrastructure, Budget and Technology Committee. MOTION: 1. Reject the bid from Naka Engineering & Construction, Inc. as nonresponsive. Vendor did not meet mandatory state prevailing wage requirements for sub -contractor registration. 2. Award a one-time purchase and payment of purchase order to Ultimate Pool Remodeling, Inc. for swimming pool resurfacing and repairs at the Memorial Pool, Salgado Pool and Santa Anita Pool in an amount not to exceed $365,998.24, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve appropriation adjustments. (Requires five affirmative votes). CITY COUNCIL MINUTES 8 MARCH 5, 2019 10A-8 APPROPRIATION ADJUSTMENT NO. 2019-087 - Recognizing prior year fund balances and appropriating $78,846 into the Residential Development District 1 Fund and $50,357 into the Residential Development District 3 Fund. MOTION: Penaloza SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) * Ward 4 representative vacant. 20B. APPROVE APPROPRIATION ADJUSTMENT AND AUTHORIZE REIMBURSEMENT AGREEMENT ($50,000) WITH CHICK-FIL-A FOR COSTS RELATED TO SEVENTEENTH AND TUSTIN ANNEXATION {STRATEGIC PLAN NO. 3, 3C} — Community Development Agency; and Planning and Building Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a Reimbursement Agreement in the amount of $50,000 with Chick-fil-A, Inc. for the payment of fees and costs related to annexation processing incurred by Community Development Agency, Planning and Building Agency, Public Works Agency and City Attorney's Office staff time, consultant services and State Board of Equalization for the Seventeenth and Tustin Annexation, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-033). 2. Approve appropriation adjustments. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-093 - Recognizing Fiscal Year 2018-19 Chick-fil-A $50,000 reimbursement deposit to Planning and Building Agency's Special Revenue Fund, Planning Consultant Services Fees Revenue Account and appropriating the same amount to Planning and Building Agency Contract Services, Planning Consultant Services Fees Expenditure Account. MOTION: Iglesias VOTE: AYES: CITY COUNCIL MINUTES SECOND: Sarmiento Iglesias, Penaloza, Sarmiento, Solorio, Villegas (5) 9 10A-9 MARCH 5, 2019 NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido(1) " Ward 4 representative vacant. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. AWARD A PURCHASE ORDER TO PROFORCE MARKETING, INC. FOR GLOCK HANDGUNS ($37,165) (SPECIFICATION NO. 19-006) {STRATEGIC PLAN NO.1, 5) - Finance and Management Services Agency; and Police Department MOTION: Approve a one-time purchase and payment transaction with Proforce Marketing, Inc. for the purchase of 342 new Glock 17 handguns valued at $131,556 in exchange for 342 used handguns with a trade-in value of $94,392 and one-time payment of $37,165, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. AWARD PURCHASE ORDER TO GOLDEN STATE AUDIO VIDEO, INC. FOR TECHNOLOGY UPGRADES TO POLICE COMMAND POST VEHICLE ($37,100) (SPECIFICATION NO. 19-003) {STRATEGIC PLAN NO. 1, 1J} - Finance and Management Services Agency; and Police Department MOTION: Authorize a one-time purchase and payment of purchase order to Golden State Audio Video, Inc. for technology upgrades to the Santa Ana Police Department's Mobile Command Post vehicle in the amount of $37,100, subject to non -substantive changes approved by the City Manager and City Attorney. 22C. APPROVE CONTRACT AMENDMENTS WITH AMTECH ELEVATOR SERVICES AND EXCELSIOR ELEVATOR FOR ELEVATOR MAINTENANCE AND REPAIR ($124,500) (SPECIFICATION NO. 13-070) {STRATEGIC PLAN NO. 6, 1 C} - Finance and Management Services Agency; and Police Department MOTION: Authorize the City Manager and Clerk of the Council to amend the contracts with Amtech Elevator Services and Excelsior Elevator for elevator maintenance and repair services, extending the term through January 31, 2020, and extending the combined contract amount not to exceed $124,500, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 10 MARCH 5, 2019 10A-10 22D. AWARD PURCHASE ORDERS FOR CONFINED SPACE AND RESCUE EQUIPMENT ($274,000) (SPECIFICATION NO. 18-097) {STRATEGIC PLAN NO. 6, 21 - Finance and Management Services Agency; and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase orders for confined space and rescue equipment and equipment inspection services for a total aggregate amount not to exceed $274,000, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Allstar Fire Equipment Arcadia L.N. Curtis and Sons Oakland National Safety Services Inc. Huntington Beach PROJECTS/CHANGE ORDERS 23A. AWARD CONSTRUCTION CONTRACT ($976,973.84) TO DD SYSTEMS INC.' FOR A'NEW `PARK AT 6TH STREET AND LACY STREET (PROJECT 18- 2692) (PARTIALLY GRANT FUNDED) {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency; and Parks, Recreation and Community Services Agency Concilmember Iglesias, inquired if item 23A is related to the land swap item. Director Rudloff, conveyed development of this park does not have any bearing on land swap. Administrative Services Manager for Parks, Recreation Services Agency Ron Ono, clarified that the land swap is a change of deed restrictions. Centennial Park, where college is currently located on the 2.6 acres, has the recreational use only. Thus, city is purchasing three sites to transfer the deed restrictions onto the new sites and free up the deed restriction at Centennial. Basically, changing title over to new sites. The recreational purposes deed restrictions will transfer to the three new sites thus, release the 2.6 acres at Centennial allowing council to consider a long-term lease. The National Park Service has allowed city while going through said process, to develop this sites via time- senstive grant funds. MOTION: 1. Award a contract to DD Systems Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $976,973.84, for the term beginning upon execution of the contract and ending upon project completion, for construction of a new park at 6th Street and Lacy Street, and authorize the City Manager and the Clerk of the CITY COUNCIL MINUTES 11 10A-11 MARCH 5, 2019 Council 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 $1,221,218, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $97,698. MOTION: Iglesias VOTE: AYES NOES: ABSTAIN: ABSENT: * Ward 4 representative vacant. AGREEMENTS SECOND: Solorio Iglesias, Pulido, Sarmiento, Solorio, Villegas (5) None (0) None (0) Penaloza (1) 25A. APPROVE A SECOND AMENDMENT TO THE AGREEMENT WITH THE LIBRARY CORPORATION, IN THE ADDITIONAL AMOUNT OF $5,635 TO INCLUDE HOSTED SOLUTION SERVICES TO THE LIBRARY'S COMPUTERIZED INFORMATION SYSTEM {STRATEGIC PLAN NO. 2, 3D)— Parks, Recreation and Community Services Agency; and Information Technology. Department 25B. MOTION: Authorize the City Manager and Clerk of the Council to execute a second amendment to the Agreement with The Library Corporation to add Hosted Solution Services to the library's computerized information system and increase the agreement amount by $5,635 for a total of $230,063, includes original three-year term and three-year extension, that is scheduled to expire on June 17, 2020, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-034). MOTION: Authorize the City Manager and Clerk of the Council to execute the second amendment to the Master Services Agreement with Siemens, CITY COUNCIL MINUTES 12 MARCH 5, 2019 10A-12 Inc., for ongoing City-wide camera system projects (City Parks) and systems maintenance. The amendment includes additions to the original scope of work (four new City Parks and Year 2 of systems maintenance), and increases the overall agreement amount of $1,221,250 by $295,574, for a new amount not to exceed $1,516,824, subject to non -substantive changes approved by the City Manager and City Attorney. The term of the agreement remains November 9, 2017 through November 8, 2020 (AGMT. No. 2019-035). MOTION: Iglesias SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. 25C: APPROVE AGREEMENT ($155,343) WITH CALIFORNIA FORENSIC PHLEBOTOMY FOR BLOOD TECHNICIAN SERVICES {STRATEGIC PLAN NO. 1, 1 F} — Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a three-year agreement with California Forensic Phlebotomy, for the period of March 5, 2019 through March 4, 2022, to perform blood related technician services, in an amount not to exceed $155,343 (including a $15,000 contingency), subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-036). 25D. APPROVE AN AGREEMENT ($140,000) WITH BENEFIT FINANCIAL SERVICES GROUP FOR PLAN AND INVESTMENT ADVISORY SERVICES PERTAINING TO THE 457 DEFERRED COMPENSATION PLAN {STRATEGIC PLAN NO. 7, 4} — Finance and Management Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Benefit Financial Services Group ("BFSG") for plan and investment advisory services ("services") pertaining to the 457 Deferred Compensation Plan for an initial three-year term beginning March 5, 2019 through December 31, 2022 for an annual not -to -exceed amount of $28,000, with a provision for a two-year extension exercisable by the City Manager and the City Attorney for an annual not -to -exceed amount of $28,000 for a total aggregate of $140,000 (including extension), subject to CITY COUNCIL MINUTES 13 MARCH 5, 2019 10A-13 non -substantive changes approved by the City Manager and the City Attorney (AGMT. No. 2019-037). 25E. AGREEMENT FOR MAIL PROCESSING SERVICES WITH PITNEY BOWES PRESORT SERVICES, INC. ($100,000) {STRATEGIC PLAN NO. 7, 5} — Finance and Management Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Pitney Bowes Presort Services, Inc. to provide mail processing services for a three-year period beginning February 1, 2019 and expiring February 28, 2022, in an amount not to exceed $20,000 annually for a total aggregate of $100,000 (including extensions), with provision for two, one-year extensions exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-038). 25F. APPROVAL OF AGREEMENTS ($114,365.50) WITH LIEBERT, CASSIDY WHITMORE FOR SPECIAL LEGAL COUNSEL SERVICES AND CONSORTIUM EMPLOYEE TRAINING {STRATEGIC PLAN NO. 7; 4, 5, 6 & 7} — Human Resources Department MOTION: Authorize the City Manager and Clerk of the Council to execute Professional Services Agreements with Liebert Cassidy Whitmore subject to non -substantive changes approved by the City Manager and City Attorney for: Special legal counsel services for labor contract negotiation assistance and legal consultation services for the period of January 1, 2019 through December 31, 2019 in the amount of $110,000 (AGMT. No. 2019-039), and 2. Expert training and consultation services in the amount of $4,365.50 for the period of January 1, 2019 through December 31, 2019 (AGMT. No. 2019-040). ITEM 25G CONSIDERED OUT OF ORDER 25G. AGREEMENT ($4,000) WITH (CPS -HR) TO CONDUCT A {STRATEGIC PLAN NO. 7, 7} — k CITY COUNCIL MINUTES 14 1 OA -14 i Resources Department MARCH 5, 2019 AMENDED MOTION: Consideration of matter continued to a month. MOTION: Solorio SECOND: Penaloza VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Item pulled to reconsider motion to continue for a month. 25H. APPROVE PURCHASE AGREEMENT ($605,000) FOR REAL PROPERTY ACQUISITION LOCATED AT 2245 S. CYPRESS AVE. (APN 403-142-13) FOR WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802) (NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C) — Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement for the real property located at 2245 S. Cypress Ave. (APN 403-142-13), full acquisition and goodwill (if any) in the amount of $605,000 with Amalla Garcia Bergara, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-041). 251. APPROVE AN AMENDMENT TO AGREEMENT W ITH FIESTA DE CARNIVAL, IN THE ADDITIONAL AMOUNT PAYABLE TO THE CITY OF $987.50 TO PRODUCE CARNIVALS AT CITY PARKS {STRATEGIC PLAN NO. 5, 413) — Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Fiesta de Carnival by increasing the fee by $987.50 for a total annual amount of $43,237.50 payable to the City to produce seven carnivals a year at City parks for the remaining term through February 5, 2020 and the three, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-042). 25J. APPROVE AGREEMENT ($42,076.02) WITH RELIAS LLC FOR SANTA ANA POLICE DEPARTMENT / JAIL TRAINING SOFTWARE {STRATEGIC PLAN NO. 1, 4) — Police Department CITY COUNCIL MINUTES 15 MARCH 5, 2019 10A-15 MOTION: Authorize the City Manager and Clerk of the Council to execute the attached three-year agreement with Relias LLC for the purchase and maintenance of training software for the Police Department Jail Bureau, for the period of March 1 , 2019 through February 28, 2022, in the amount of $42,076.02, including a $2,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-043). MISCELLANEOUS - BUDGET 29A. AUTHORIZE PAYMENT ($41,925.71) TO SOUTHERN CALIFORNIA EDISON FOR STREET LIGHT IMPROVEMENT IN THE SANTA ANITA NEIGHBORHOOD (GRANT FUNDED) {STRATEGIC PLAN NO. 5, 4D) — Planning and Building Agency; and Community Development Agency MOTION: Authorize a one-time payment to Southern California Edison in the amount of $41,925.71 for street lighting improvements in the Santa Anita neighborhood between Camille Street and Jackson Avenue and Hazard Avenue and Harbor Boulevard. LAND USE MATTERS TENTATIVE PARCEL/TRACT MAPS 32A. TENTATIVE PARCEL MAP NO. 2018-03 TO ALLOW THE SUBDIVISION OF AN EXISTING 9.98 -ACRE PARCEL INTO SIX AIR -RIGHT CONDOMINIUM UNITS AND TWO LEGAL LOTS AT 1920 THROUGH 1940 EAST DEERE AVENUE — LUKE CORSBIE, APPLICANT {STRATEGIC PLAN NOS. 3, 2) — Planning and Building Agency Planning Commission adopted a resolution approving Tentative Parcel Map No. 2018-03 on January 28, 2019 by a vote of 5-0 (Alderete and Benavides absent). MOTION: Receive and file the staff report approving Tentative Parcel Map No. 2018-03 (County Map 2017-155) as conditioned. **END OF CONSENT CALENDAR** ACTING CLERK OF THE COUNCIL ADMINISTERED OATH OF OFFICE TO FELIX RIVERA, PLANNING COMMISSIONER, AFTER CONSIDERATION OF ITEM 19C. CITY COUNCIL MINUTES 16 MARCH 5, 2019 10A-16 BUSINESS CALENDAR ITEMS ORDINANCES/FIRST READING 50A. ADOPT AN ORDINANCE TO AMEND CITY MANAGER'S CONTRACTING AUTHORITY FOR NON-PUBLIC WORKS AND PUBLIC WORKS CONTRACTS {STRATEGIC PLAN NOS. 4, 1; 7, 5E) — Public Works Agency Councilmember Sarmiento, unsupportive of item. Supportive of $50,000 signing authority. Acting City Manager Mendoza, noted items are budgeted and signing authority increase would promote efficiency. Mayor Pro Tem Villegas, supportive of item. Councilmember Penaloza, supportive of increasing City Manager signing authority to $50,000. Unsupportive of item as presented. Councilmember Solorio, supportive of increasing City Manager signing authority to $50,000. FRIENDLY AMENDED MOTION: Revise ordinance to increase City Manager's contracting authority from $25,000 to $50,000 for non-public works contracts, approve staffs recommendation to increase from $25,000 to $250,000 for public works contracts, increase from $10,000 to $100,000 for emergency public works construction, and amend his/her contracting authority for change orders consistent with the new contracting limits for public works contracts; and place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2963 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-1, SECTION 2-801, AND SECTION 33-201 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY MANAGER'S AUTHORITY TO BIND THE CITY TO NON-PUBLIC WORKS AND PUBLIC WORKS CONTRACTS, AND REORGANIZING THE CITY MANAGER'S CONTRACT AUTHORITY UNDER CHAPTER 2, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE MOTION: Solorio SECOND: Sarmiento VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, Villegas (5) NOES: Iglesias (1) CITY COUNCIL MINUTES 17 MARCH 5, 2019 10A-17 ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. RESOLUTIONS 55A. APPROVE AN APPROPRIATION ADJUSTMENT, RESOLUTION AND AGREEMENT ($42,382) ACCEPTING FY 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) {STRATEGIC PLAN NO. 1, 2E, 6B} — Police Department MOTION. 1. Approve appropriation adjustments. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2019-094 - Recognizing $42,382 in Emergency Management Performance Grant (EMPG) funds in revenue account, and appropriating same to expenditure account. 2. Adopt a resolution. RESOLUTION NO. 2019-015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OF HIS DESIGNEE(S) TO OBTAIN 2018 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE 3. Authorize the City Manager and the Clerk of the Council to execute a one-year agreement with the County of Orange, commencing July 1, 2018, for the Emergency Management Performance Grant (EMPG) in an amount not to exceed $42,382, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-044). MOTION: Solorio SECOND: Sarmiento VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * Ward 4 representative vacant. CITY COUNCIL MINUTES 18 10A-18 MARCH 5, 2019 55B. ADOPT A RESOLUTION TO PROVIDE FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEES AND THEIR ELIGIBLE DEPENDENTS {STATEGIC PLAN NO. 71 — Human Resources Department MOTION: Adopt a resolution. RESOLUTION NO. 2019-016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROVIDING FOR CONTINUATION OF PARTIALLY PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR EMPLOYEE AND THEIR ELIGIBLE DEPENDENTS MOTION: Villegas VOTE: AYES: NOES: ABSTAIN: ABSENT: * Ward 4 representative vacant. SECOND: Solorio Iglesias, Penaloza, Pulido, Villegas (6) None (0) None (0) None (0) Sarmiento, Solorio, 55C. ADOPT A RESOLUTION TO ADD POSITIONS OF RISK MANAGEMENT TECH AND HUMAN RESOURCES ANALYST IN THE HUMAN RESOURCES DEPARTMENT; EXECUTIVE SECRETARY, PARK SERVICES INSPECTION SUPERVISOR AND PARKS SERVICES INSPECTOR II TO THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY AND POLICE INVESTIGATIVE SPECIALIST IN THE POLICE DEPARTMENT AND TO REALLOCATE THE POSITION OF JAIL ADMINISTRATOR TO POLICE CAPTAIN IN THE POLICE DEPARTMENT {STRATEGIC PLAN NO. 7, 6} — Human Resources Department; Parks, Recreation and Community Services Agency; and Police Department Councilmember Solorio, noted item consists of appropriation adjustment and requires five votes. Supportive of two-week continuance or be considered at the Economic Development, Infrastructure, Budget and Technology Council Committee meeting first. Unsupportive of item as presented. CITY COUNCIL MINUTES 19 MARCH 5, 2019 10A-19 Councilmember Penaloza, conveyed there is a need in many of the departments and recommends filling positions in the Human Resources Department to support the organization with recruitment and training. Mayor called for a motion. Mayor Pro Tem Villegas, requested the amount of the appropriation adjustment. MOTION: Adopt a resolution.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET FOR FISCAL YEAR 2018-2019 MOTION: Villegas VOTE: AYES: NOES: ABSTAIN: SECOND: Penaloza Penaloza, Villegas (2) None (0) None (0) ABSENT: Iglesias, Pulido, Solorio, (3) * Ward 4 representative vacant. * Councilmember Sarmiento did not vote. Motion failed. Councilmember Sarmiento, inquired to have matter considered at the Economic Development, Infrastructure, Budget and Technology Council Committee. Councilmember Solorio, supportive. AMENDED MOTION: Consideration of matter to be considered at the Economic Development, Infrastructure, Budget and Technology Council Committee. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: * Ward 4 representative vacant. SECOND: Solorio Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) None (0) CITY COUNCIL MINUTES 20 MARCH 5, 2019 1 OA -20 Mayor made an announcement to excuse Councilmember Sarmiento who left dais at 8:14 P.M. and did not return. 55D. APPROVE AN EXTENSION OF CONDITIONAL USE PERMIT NO. 2015-01 AND VARIANCE NOS. 2015-01 AND 2015-02 FOR THE SOUTH COAST SPEEDWASH TO BE LOCATED AT 2402 SOUTH BRISTOL STREET {STRATEGIC PLAN NO. 3, 21 — Planning and Building Agency MOTION; Adopt a resolution. RESOLUTION NO. 2019-017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2015-01 AND VARIANCE NOS. 2015-01 AND 2015-02 FOR THE SOUTH COAST SPEEDWASH DEVELOPMENT FOR AN ADDITIONAL ONE YEAR FOR THE PROPERTY LOCATED AT 2402 SOUTH BRISTOL STREET MOTION: Iglesias VOTE: AYES: NOES: ABSTAIN: ABSENT: Ward 4 representative vacant. REPORTS SECOND: Solorio Iglesias, Penaloza, Pulido, Solorio, Villegas (5) None (0) None (0) Sarmiento (1) ITEM 65A CONSIDERED OUT OF ORDER AFTER CONSIDERATION OF ITEM 25G 65A. APPROVE A LICENSE EXTENSION AGREEMENT WITH RANCHO COMMUNITY COLLEGE DISTRICT FOR OPERATION OF THE EDUCATION CENTER AT CENTENNIAL PARK {STRATEGIC PLAN NO. 2, 4A) — Parks, Recreation and Community Services Agency The following spoke on matter: • Chris Schmidt, expressed opposition to item. • Ruben, in support of item. Provided City Council with historical review of agreement. Council discussion ensued. CITY COUNCIL MINUTES 21 1 OA -21 MARCH 5, 2019 Councilmember Solorio, expressed support of a two-year extension and creation of ad hoc committee to explore alternatives. Councilmember Penaloza, expressed support for an extension agreement. Councilmember Sarmiento, supportive of item. Suggested using State funding towards education purposes. Councilmember Iglesias, supportive of ad hoc committee. Mayor Pulido, supportive of two-year extension. MOTION: Authorize the City Manager and Clerk of the Council to execute a license agreement extension with Rancho Santiago Community College District to operate the Educational Center at Centennial Park for two years to expire on November 5, 2021, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-045). MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: SECOND: Sarmiento Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) ABSENT: None (0) * Ward 4 representative vacant. 65B. APPROVE AN APPROPRIATION ADJUSTMENTS RECOMMENDED WITH THE MID -YEAR BUDGET UPDATE (STRATEGIC PLAN NO. 4,1) — Finance and Management Service Agency Consideration of matter continued from the February 5, 2019 City Council Meeting. Continued from the February 19, 2019 City Council meeting by a vote of 4-0 (Reyna, Sarmiento and Solorio absent). AMENDED MOTION: Consideration of matter to be considered at the Economic Development, Infrastructure, Budget and Technology Council Committee. MOTION: Iglesias VOTE: AYES: SECOND: Solorio Iglesias, Penaloza, Pulido, Solorio, Villegas (5) CITY COUNCIL MINUTES 22 MARCH 5, 2019 1 OA -22 NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) * Ward 4 representative vacant. 65C. CONSIDER THE APPROVAL OF AN APPROPRIATION ADJUSTMENT TO FUND MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SANTA ANA POLICE OFFICERS ASSOCIATION (SAPOA) {STRATEGIC PLAN NO. 4,1) — Finance and Management Service Agency Consideration of matter continued from the February 5, 2019 City Council Meeting. Continued from the February 19, 2019 City Council meeting by a vote of 4-0 (Reyna, Sarmiento and Solorio absent). Mayor Pulido left dais at 8:28 P.M. and did not return. The following spoke on matter: • Paul Gonzalez, unsupportive of item. • Michele Martinez, unsupportive of item. • Chris Schimdt, unsupportive of item. • Hairo Cortez, unsupportive of item. Council discussion ensued. Councilmember Solorio, supportive of option two. Councilmember Iglesias, directed City Attorney to bring forth budget work study session when permanent City Manager has been selected. Mayor Pro Tem Villegas, unsupportive of item. Opined need to be fiscally responsible. MOTION: Make no appropriation adjustment at this time, with the understanding that staff may have to return to the City Council for a future appropriation adjustment for the Police Department to fully operate through June 30, 2019. MOTION: Iglesias SECOND: Penaloza CITY COUNCIL MINUTES 23 MARCH 5, 2019 1 OA -23 VOTE: AYES: NOES ABSTAIN ABSENT: * Ward 4 representative vacant. SPECIAL OPEN MEETING ITEM Iglesias, Penaloza, Solorio, Villegas (4) None (0) None (0) Pulido, Sarmiento (2) 65D. RECOMMENDATION THAT THE CITY COUNCIL DISCUSS AND DIRECTION TO STAFF REGARDING: [1] THE DECLARATION OF A VACANCY AND APPOINTMENT TO THE WARD 4 COUNCIL OFFICE AS REQUIRED BY CITY CHARTER SECTION 403,[21 THE CANDIDATE APPLICATION PROCESS; [3] POSSIBLE DATES TO CONDUCT CANDIDATE INTERVIEWS. The following spoke on matter • Carl Benninger, urged City Council to fill vacant seat and not wait until a special election in November. • Michelle Martinez, urged City Council to appoint a new council member who can meet the needs of the community. Council discussion ensued. Councilmember Iglesias requested clarification on the process. City Attorney Carvalho, under the terms of the City Charter the council has a duty to declare position vacant. Once vacancy is declared, council "shall' fill the vacancy by appointment within 30 days from date of vacancy; however, if council fails to fill vacancy by appointment then council must call a special election. The first step is declare vacancy, then direct staff regarding the type of process in filling vacancy. Councilmember Solorio, expressed the importance to declare vacancy and proceed with providing direction as to the process: • Nixie announcement • Place on Social Media platforms • Submit letters of interest or resumes • Submitted to the Clerk of the Council Office • Place on the next agenda to interview and/or take action on March 19, 2019 • Possibly create an ad hoc committee or special meeting to screen the initial candidates. CITY COUNCIL MINUTES 24 MARCH 5, 2019 1 OA -24 Councilmember Penaloza, unsupportive of an ad hoc committee and prefers the council as a whole to be part of the process; inquired about the 30 day window expiration date. City Attorney Carvalho, conveyed that March 30, 2019, is the expiration date; the appointee would have to reside in Ward 4, as those boundaries existed in November 2018. In addition, the appointee must have lived in ward 4 for a 12 months. Councilmember Solorio moved to declare vacancy and proceed with appointment. City Attorney Carvalho, advised council to consider applicant complete a Statement of Economic Interest form. Mayor Pro Tem Villegas requested to declare vacancy. Councilmember Solorio accepted friendly amendment; Mayor Pro Tem Villegas seconded. FRIENDLY AMENDED MOTION: Declare vacancy in ward 4, per City Charter Section 403, pursue an appointment process, direct staff to perform outreach through existing communication platforms such as Nixie, social media, City's website; the communication must be specific as to what makes one eligible which includes residency, boundaries, expectations, letter of interest/resume indicating ability to meet qualification or interest for running, along with completion of Statement of Economic Interest form to be submitted to the Clerk of the Council Office by noon on Tuesday, March 12, 2019; and possibly conduct interviews at the March 19, 2019 Regular City Council meeting. MOTION: Solorio VOTE: AYES: NOES ABSTAIN: ABSENT: * Ward 4 representative vacant. SECOND: Villegas Iglesias, Penaloza, , Solorio, Villegas (4) None (0) None (0) Pulido, Sarmiento (2) JOINT SESSIONS OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. APPROVE A PRE -LOAN COMMITMENT OF $231,494 OF AFFORDABLE HOUSING FUNDS AND A COMMITMENT FOR A 99 -YEAR GROUND -LEASE CITY COUNCIL MINUTES 25 1 OA -25 MARCH 5, 2019 TO HABITAT FOR HUMANITY OF ORANGE COUNTY FOR THE DEVELOPMENT OF THE LACY STREET PROJECT LOCATED AT 416 VANCE STREET AND 826 N. LACY STREET (APN: 398-041-22) {STRATEGIC PLAN NO. 5, 3C} — Community Development Agency At its regular meeting on January 23, 2019 the Community Redevelopment and Housing Commission recommended that the City Council and Housing Authority approve the recommended actions by a vote of 5:0 (Ramos and Urzua abstained). Continued from the February 5, 2019 City Council meeting by a vote of 6-0 (Reyna absent) and February 19, 2019 by a vote of 6-0 (Reyna absent). CITY COUNCIL ACTION MOTION: Authorize the City Manager and the Clerk of the Council to execute a pre -loan commitment letter with Habitat for Humanity of Orange County ("Habitat for Humanity") for $231,494 in Inclusionary Housing Funds for the development of the Lacy Street affordable housing project located at 416 Vance Street (APN 398-041-22) and 826 N. Lacy Street (APN 398-041-22), subject to non -substantive changes approved by the City Manager and City Attorney. HOUSING AUTHORITY ACTION MOTION: Authorize the Executive Director of the Housing Authority and the Recording Secretary to.execute a pre -commitment letter with Habitat for Humanity of Orange County ("Habitat for Humanity") for a 99 -year ground -lease of 416 Vance Street (APN 398-041-22) and 826 N. Lacy Street (APN 398-041-22) for the development of the Lacy Street affordable housing project, subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. MOTION: Solorio VOTE: AYES NOES: ABSTAIN: ABSENT: * Ward 4 representative vacant. SECOND: Iglesias Iglesias, Penaloza, Solorio, Villegas (4) None (0) None (0) Pulido, Sarmiento (2) CITY COUNCIL MINUTES 26 MARCH 5, 2019 1 OA -26 80B. APPROVE A PRE -LOAN COMMITMENT OF $1,687,047 OF AFFORDABLE HOUSING FUNDS AND EIGHTY-NINE PROJECT -BASED VOUCHERS TO JAMBOREE HOUSING FOR THE BUDGET INN PROJECT LOCATED AT 1108 N. HARBOR BLVD. {STRATEGIC PLAN NO. 5, 3C) — Community Development Agency At its special meeting on December 19, 2018 the Community Redevelopment and Housing Commission recommended that the City Council and Housing Authority approve the recommended actions by a vote of 5:0 (Ramos and Urzua abstained). CITY COUNCIL ACTION MOTION: Authorize the City Manager and the Clerk of the Council to execute a pre -loan commitment letter with Jamboree Housing ("Jamboree") for $1,687,047 in Community Development Block Grant (CDBG) Funds for the development of the Budget Inn affordable housing project located at 1108 N Harbor Blvd, Santa Ana, CA 92703, subject to non -substantive changes approved by the City Manager and City Attorney. HOUSING AUTHORITY ACTION MOTION: Approve an award of eighty-nine (89) project -based vouchers and authorize the Executive Director of the Housing Authority and the Recording Secretary to execute an Agreement to Enter into a Project - Based Vouchers Housing Assistance Payments Contract with Jamboree for the development of the Budget Inn affordable housing project located at 1108 N Harbor Blvd, Santa Ana, CA 92703, subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. MOTION: Solorio VOTE: AYES: ABSTAIN: ABSENT: * Ward 4 representative vacant. SECOND: Villegas Iglesias, Penaloza, Solorio, Villegas (4) None (0) None (0) Pulido, Sarmiento (2) CITY COUNCIL MEETING RECESSED AT 9:15 P.M. AND CONVENED THE HOUSING AUTHORITY MEETING. CITY COUNCIL MEETING RECONVENED TO THE CITY COUNCIL MEETING AT 9:16 P.M CITY COUNCIL MINUTES 27 MARCH 5, 2019 1OA-27 COMMENTS PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). 90A. CITY MANAGER'S COMMENTS Acting City Manager, noted Willowick ad hoc committee meeting scheduled for March 13, upcoming community budget meetings on March 12, 13, 20, 26, and 28th and upcoming OC Street Car construction. 906. CITY COUNCILMEMBER COMMENTS Councilmember Solorio, noted upcoming 150th anniversary celebration scheduled for October 26, 2019, Boca De Oro event held last weekend, and upcoming budget presentations. Councilmember Penaloza, noted Upward Bound program operating at Santa Ana College and attendance at recognition ceremony at Saddleback High School. Councilmember Iglesias, provided council with report out of attendance at neighborhood meeting. Directed staff to present to council at next meeting and item to.address proposed County homeless shelter and to reach out to County to request attendance by a representative. Supportive of introducing agenda item to address budget impact from the Santa Ana Police Officers Association Memorandum of Understanding (MOU). ADJOURNMENT - 9:34 P.M. - The next meeting of the City Council is scheduled for TuPsdav_ March 19 2019 at 5:00 p.m. for the Closed Session Meeting immediately p.m. in the California. Norma Mitre Acting Clerk of the Council CITY COUNCIL MINUTES 1 followed by the Regular Council Chamber, 22 28 1OA-28 Open Business Meeting at 5:45 Civic Center Plaza, Santa Ana, MARCH 5, 2019 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: ORDINANCE SECOND READING: AMENDING CITY MANAGER'S CONTRACTING AUTHORITY FOR NON- PUBLIC WORKS AND PUBLIC WORKS CONTRACTS {STRATEGIC PLAN NO. 5,1} CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On March 5, 2019, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5-1 (Iglesias dissented): ORDINANCE NO. NS -2963 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-1, SECTION 2-801, AND SECTION 33-201 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY MANAGER'S AUTHORITY TO BIND THE CITY TO NON-PUBLIC WORKS AND PUBLIC WORKS CONTRACTS, INCREASING THE CITY MANAGER'S CONTRACT AUTHORITY FOR NON-PUBLIC WORKS CONTRACTS TO $50,000 AND PUBLIC WORKS CONTRACTS TO $250,000, AND REORGANIZING THE CITY MANAGER'S CONTRACT AUTHORITY UNDER CHAPTER 2, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE In summary, this action will increase the City Manager's authority to enter into non-public works contracts and agreements up to $50,000 and public works contracts and agreements up to $250,000 and will consolidate the various sections of the municipal code relating to City Manager Contracting Authority including change orders and emergency public works contracts under one section of the code. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 11 A-1 Second Reading Ordinance: Amending City Manager's Contracting Authority March 19, 2019 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. C��1'r/�2er Norma Mitre Acting Clerk of the Council Exhibit: 1. Ordinance No. NS -2963 11 A-2 SC 3.19.2019 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-1, SECTION 2-801, AND SECTION 33-201 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY MANAGER'S AUTHORITY TO BIND THE CITY TO NON-PUBLIC WORKS AND PUBLIC WORKS CONTRACTS, INCREASING THE CITY MANAGER'S CONTRACT AUTHORITY FOR NON-PUBLIC WORKS CONTRACTS TO $50,000 AND PUBLIC WORKS CONTRACTS TO $250,000, AND REORGANIZING THE CITY MANAGER'S CONTRACT AUTHORITY UNDER CHAPTER 2, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to Sections 421(b) (non-public works contracts) and 422(c) (public works contracts) of the City of Santa Ana Charter, the City Council may, by ordinance, authorize the City Manager to bind the City on contracts at amounts that may be established from time to time by the City Council. B. Currently, the City Manager is authorized to bind the City to both non-public works contracts and public works contracts in an amount not to exceed twenty- five thousand dollars ($25,000). All contracts and agreements over $25,000 must be approved by the City Council. C. Regardless of the contract amount, all contracts must comply with the City's Purchasing Policies & Procedures designed to ensure fair and competitive procurement practices. D, On average, the City Council is currently presented with over 250 contracts and agreements for approval annually, The process to obtain City Council approval can be lengthy and requires a substantial amount of City staff time. This process also adversely Impacts the City's ability to provide efficient and timely delivery of services to its constituents and businesses, E. Increasing the City Manager's contracting authority for both non-public works and public works contracts and change orders to such contracts will free staff time to devote to other necessary public services. F. Increasing the City Manager's contracting authority for both non-public works and public works contracts and change orders to such contracts will also streamline the process to execute Public Works Agency contracts and agreements for the construction, rehabilitation, maintenance, testing and EXHIBIT 1 11 A-3 SC 3.19.2019 inspection of public infrastructure, thereby improving the delivery of services necessary for the continued enhancement and preservation of such public infrastructure. G. Reorganizing the City Manager's contracting authority from three different articles in the Municipal Code into one Article will provide a concise and organized location within the Municipal Code for City Staff and the public to reference this delegation of authority by the City Council to the City Manager, as provided under the City Charter. S ction_2. Section 2-1 of Chapter 2, Article I of the Santa Ana Municipal Code is hereby amended to read as follows: e 911R. W[W-Iffliamly PRINO 11 0 Q-_ 1, Section 3. Section 2-801 of Chapter 2, Article VII of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 2-801. — Reserved. +-mar+agu r*. Section 4. Section 33-201 of Chapter 33, Article VIII of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 33-201. — Reserved. authority, ry.� {{����µ yy J-wFttiye�n-sefftfat ^s{ G4f Me�bi 0 WGFks1'1���'}Y1t"1i4L Wtling`itie"�'�i'1t'ttt-lO1Y *W-1G0gTG0)- Section 5. Chapter 2, Article VII of the Santa Ana Municipal Code is hereby amended to read as follow: ARTICLE VII, — RESSRr`: CITY MANAGER'S CONTRACTING AUTHORITY Section 2-748. — Reeewed: City manager's contracting authority. 11 A-4 SC 3.19.2019 (a) Non-public works contracts The city manager is authorized to bind the City to any one or more written non-public works contract, per vendor, in an amount or amounts not exceeding the sum of fifty thousand dollars ($50,000.00). For purposes of this section, a non-public works contact shall mean any contact not deemed to be a public works contract under subsection (b)(1). (b) Public works contracts The city manager is authorized to bind the City to any one or more written public works contract, per vendor, in an amount or amounts not exceeding the sum of two hundred and fifty thousand dollars ($250,000.00). For purposes of this section, a public works contact shall be deemed to mean a project for the erection, improvement, and/or maintenance, inspection, testing and repair of public buildings, streets, drains, sewers, or parks. 2. The city manager is authorized to bind the city to any one written contract for emergency public works construction in an amount not exceeding the sum of one hundred thousand dollars ($100,000.00). 3. The city manager of the City of Santa Ana is hereby authorized to bind the City of Santa Ana on change orders to any one public works contract, per vendor, without previous city council approval when such change order for any one (1) public works contract, together with any previously approved change orders for said contract, do not cumulatively amount to an increase of the city's expenditure obligation under said contract of more than ten (10) per cent of the original contract amount, or the amount of twenty-five thousand dollars ($25,000.00), whichever is the greater. Section 2-749 — Reserved. Segii2n6. if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 7. Effective Date. This ordinance shall become effective thirty (30) days following its second reading and its adoption. 11 A-5 SC 3.19.2019 The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of Santa Ana, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933, ADOPTED this _ day of March, 2615. Miguel A. Pulido Mayor APPROVED AS TO FORM: A, k-dw onia Carvalho City Attorney AYES: Councilmembers: NOES: Councilmembers; ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Cleric of the Council, do hereby attest to and certify that the attached Ordinance No. CJS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Norma Mitre Acting Clerk of the Council City of Santa Ana 11 A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: ADOPT A RESOLUTION OF INTENT TO VACATE A PORTION OF FIFTH STREET, ABANDONMENT NO. 19-01 {STRATEGIC PLAN NOS. 3, 2; 5, 3} VL -- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution which declares the City's intent to vacate a portion of Fifth Street, and which sets a public hearing for April 16, 2019. DISCUSSION On January 16, 2018, the City Council adopted Ordinance No. NS 2935 approving Specific Development (SD) 92 for the Tiny Tim's Plaza properties located at 2223 and 2237 West Fifth Street. The Specific Plan allows the development of a 51 -unit affordable residential community project. A condition of the project requires excess right-of-way consisting of a 12 -foot -wide strip on Fifth Street to be vacated as shown on Exhibit 1. The requested street vacation will narrow Fifth Street consistent with adjacent segments and would result in reduced automobile speeds and improved walkability in the area. The resulting street width of 60 feet is consistent with segments of Fifth Street east and west of the subject parcels and is consistent with the City's Circulation Element. According to a title report and City records, the City owns a street easement over the northern 12 feet of Fifth Street which, if vacated, would revert to the Tiny Tim's Plaza property. After vacation, the strip of property will be incorporated into the affordable residential community development project. The added area reduces the site's constraints and improves overall site function, such as setbacks, building location, and site accessibility. The development will improve Fifth Street consistent with adjacent properties by constructing new curb, gutter, sidewalk, and landscape parkway. Other improvements will include trees and street lights, and a bulb -out at Fifth Street and Hawley Street, contributing to neighborhood traffic calming. Parking will continue to be allowed along Fifth Street. Utilities, other government agencies, and City agencies have been advised of the street vacation. In addition, the Tiny Tim's Plaza revitalization would be required to complete any necessary utility relocations. 12A-1 Resolution of Intent to Vacate Fifth Street March 19, 2019 Page 2 The recommended action adopts a resolution of City Council's intent to vacate a strip portion of the street, and sets a public hearing date for April 16, 2019 (Exhibit 2), at which time the order to vacate may be approved by the City Council. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies); and Goal #5 — Community Health, Livability, Engagement & Sustainability, Object #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). is o fiscal impact associated with this action. PE, PLS Public W#s Agency Exhibits: 1. Street Vacation Area Map 2. Resolution of Intent 12A-2 EXHIBIT 1 I L.._.i I I I I I 602 i ^••-- j 601 --- 6TH ST F. CA APN 007-313-16 518 ( j 517 — CFO- o j TINY TIM'S TINY DEVELOPMENT 514 I -•--•-I � j513 51 D : j 509 APN I ..—..— `— — 007-313-15 1505 j 5061 M . I N j N 502 i 501 STH ST - -—'�-......._ TQ_ w o hp p r i p p R .-.- N I N I N I N I N I I N I N I N I N I N I N SANTA ANA .W.1. TO VACATE A PORTIOOF INT N OF FSI H STREET, ABANDONMENT NO. 19-01 CY 12A-3 12A-4 EXHIBIT 2 jmf 2/25/19 RESOLUTION NO. 2019 -)(XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF FIFTH STREET BETWEEN SUNSET STREET AND HAWLEY STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 19-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, the City Council of the City of Santa Ana hereby declares its intention to vacate a portion of Fifth Street between Sunset Street and Hawley Street, The area proposed for vacation is shown on the map attached as Exhibit A. B. Notice is hereby given that on April 16, 2019, at 5:45 P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by the City Council at which time any and all persons interested in or objecting to the proposed vacation described above may appear and be heard. Section 2. The Clerk of the Council is hereby directed to cause this Resolution to be published twice, once in each of the two successive weeks prior to the above -referenced hearing, in a newspaper of general circulation in the City. Section 3. The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of the adoption of this Resolution, containing the statement of the day, hour, and place of hearing set forth above, and describing the areas to be vacated at least two weeks before the day set for said hearing. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this_ day of 2019. Miguel A. Pulido Mayor Resolutlon No, 2019 -XXX Page 1 of 2 jmf 2/25/19 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_.r. John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby certify the attached Resolution No. 2019 - to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Acting Clerk of the Council City of Santa Ana 12A-6 Resolutlon No. 2019 -XXX Page 2 of 2 EXHIBIT A I I Lu N89049'25"E 138.38' 7,W. J I LOT 39E ,n zA of rl I iv iv r~ O� N CURVE TABLE CURVE # DELTA RADIUS ARC DISTANCE C9 90°26'50" 10.00'15.79' C2 90'26'50" 25.00' _ T.. $9.47' LOT 39 TR 1341 BOOK 57, PAGES 47.48 I AREA TO BE j ABANDONED 275.27' FIFTH STREET 12A-7 �I ;v I b E. LINE LOT 39 0 N POINT OF BEGINNING 01 0 25 50 SCALE, V = 50' ORIGINAL GRAPHIC SCALE 12A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 56 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). 19C-1 Destruction of Obsolete Records March 19, 2019 Page 2 FISCAL IMPACT There is no fiscal impact associated with this item. Exhibits: 1. Request for Destruction of Records — Parks, Recreation and Community Services Agency 2. Request for Destruction of Records — Finance and Management Services Agency 19C-2 PARKS, RECREATION AND COMMUNITY SERVICES AGENCY DESTRUCTION OF RECORDS RECORD.CATEGORY RECORD SERIES RECORD DESCRIPTION - RECORD DATE.. Exception Sheets Forms to charge labor expenditures to applicable Fund November 2012 and prior L & Activity other than home account. PAYROLL Payroll Attendance Reports - Part -Time Daily attendance postings for part-time employees. June 2007 and prior Payroll Attendance Daily attendance postings for full-time employees. December 2007 and prior PREPARED BY: Reports - Full -Time Leave of Absence Authorizing absence forms 2008 and prior Accounts Payable (DPV, Generated payment to City vendor/creditor; used in lieu 4t=7 Material Releases) of PO when item & vendor known. Includes invoices. FY 2013 - 2014 and prior Requisitions Agency requests to FMSA to locate best vendor for 2010 and prior Liz S is Date Senior Accounting Assistant sa dl f cuve Direct 6arks,t"Recreati,`nr& identifiedgoods/items - PURCHASING PRCSA -Budget &Accounting Section Request for Proposal - Landscape Maintenance Community Services Agency DOCUMENTATION Services, Janitorial Maintenance Services, Providing Carnivals at City Owned Parks, Video Productions of Records To Be Destroyed: APPROVED BY: RFP City Council Meetings and Other Various Productions, 2015 and prior Security Guard Services, Zoo Care and Quarantine 167 Facility, Vending Machines, Stadium Concession. Working papers. Laura Rossini Purchase Orders Forms generated from Purchase Requisitions FY 2011 - 2012 and prior Job Applications Applications for employment and resumes for not -hired 2011 and prior applicants. PERSONNEL Separated Personnel Separated employees'a enc pagency personnel files. 2012 and prior Files Workers' Com ensation Employees' in'u reports, doctors' status reports. 2010 and prior FINANCE Accounts Receivables (MAR) Request to issue Accounts Receivable invoices. FY 2005-2006 and prior Budget Working Papers Budget working papers FY 2015-2016 and prior Daily Treasurer's Reports Report of daily revenues received with detail payment February 2014 and prior TREASURY information & related working papers Interdepartmental TMR(s) Treasury Miscellaneous Receipts - for 2011 and prior Miscellaneous Receipts payments received. Response To Public Records Request; Time Warner Audit; Library Operations; Zoo Operations; Recreation Operations; Park Maintenance; Stadium Operations; Deferred Maintenance; Building Maintenance; Graffiti MISCELLANEOUS Working Papers Operations; Co -sponsorships; PEG Audit; Friends of 2013 and prior Santa Ana Zoo; Friends of Parks & Recreation; Development Fees Study; Park Survey; Phones; CDBG Application; CLASS Registration. Software; PRCSA Administration. Senior Assistant City Attorney 19C-3 c, a L 7, PREPARED BY: CONSENT: 4t=7 c`a A Liz S is Date Senior Accounting Assistant sa dl f cuve Direct 6arks,t"Recreati,`nr& ------- - PRCSA -Budget &Accounting Section Community Services Agency EXHIBIT Records To Be Destroyed: APPROVED BY: 167 Number of Boxes Laura Rossini Date Senior Assistant City Attorney 19C-3 19C-4 MEMORANDUM To: Sonia Carvalho Date: February 27, 2019 City Attorney From: Sarah Ro Accounting Manager Subject: REQUEST FOR DESTRUCTION OF RECORDS The Finance and Management Services Agency Accounting Division requests your approval to destroy City records on the attached listing, in accordance with the retention schedule outlined in the City Council Resolution 2013-014. Thank you. Attachments EXHIBIT 19C-5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE & MANAGEMENT SERVICES AGENCY—ACCOUNTING DIVISION March 2018 RECORD CATEGORYDATES_ RECORD SERIES RECORD DESCRIPTION RECORD A w Cash Requirement Lists paid invoices by vendor. June 2015 (AP150) and prior Direct Payment Generates payment to City vendor/creditor used in June 2014 Voucher lieu of P.O. when item & vendor known. and prior PURCHASING Bids/Proposal Original bid, bids received, bid list, advertising December 2008 and DOCUMENTATION/ record rior ACCOUNTS PAYABLE Travel Request and Self-explanatory June 2018 Expense Report and prior Material Release Forms Order for Items directly from City approved vendor June 2014 list and prior Purchase Orders Authorize purchase of goods or services June 2014 and prior APPROPRIATION Reports Changes to City budgets as approved by the City June 2015 ADJUSTMENTS Council and/or City Manager and prior AUDIT Working papers Audit documents; year-end financial work papers June 2016 and prior_ Statements & Accounts Lists all bank -cleared City checks; filed by name June 2015 Reconcilement and by fiscal year and prior BANKS — — Daily Bank Balance Report Reports of daily banking activity _ June 2015 and prior CAPITAL ASSET AND. June 2015 PROPERTY Reports All City Capital Assets and prior TRANSFER COMPREHENSIVE Fiscal Year ANNUAL FINANCIAL Audited General Purpose Financial Statements 2002.2003 REPORT and prior GENERAL LEDGER Expenditure and Monthly and Fiscal Year Expenditure & Revenue June 2008 Revenue Reports Reports � and prior INTERNAL REVENUE Form 1099 ���� Self-explanatory; fled by calendar year Calendar Year 2012 SERVICE and prior JOURNAL Journal Vouchers Documents used to manually post entries to June 2008 VOUCHERS general ledger/cost ledger and prior 19C-6 OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE & MANAGEMENT SERVICES AGENCY—ACCOUNTING DIVISION March 2018 PREPARED BY: L,r2 ,.. e, -2/-2:1/19 Connie Gee Accountant II RECORDS DESTROYED: Date CONSENT BY: lrf�•. 0 2 Kathryn Downs Date Executive Director Finance & Management Services Agency APPROVED BY: Number of Boxes Sonia Carvalho Date City Attorney 19C-7 19C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: RECEIVE AND FILE STRATEGIC PLAN MONTHLY REPORT FOR JANUARY AND FEBRUARY 2019 (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :••:• �9 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Reports for January and February 2019. DISCUSSION The January and February 2019 monthly reports provide departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: https://www.santa-ana. ora/cm/creatine-our-future-strateaic-plannina-process. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. 19D-1 19D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: RECEIVE AND FILE HOMELESS SERVICES QUARTERLY REPORT FOR OCTOBER 2018 THROUGH DECEMBER 2018 (STRATEGIC PLAN NOS. 1,6; 5,4; 5,6) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Recommend that the City Council receive and file Quarterly Report for Homeless Services for the period of October 2018 through December 2018. DISCUSSION This Homeless Services Quarterly report ending on December 30, 2018 provides updates and statistics for many of the homeless initiatives implemented throughout the City during October 2018 -December 2018.The report is divided into three sections: • Law Enforcement and Homelessness • Affordable Housing and Case Management • Other Services and Initiatives The report also highlights the following eight updates that took place this quarter and that are further explained under the timeline of highlights and successes: • Santa Ana establishes Interim Emergency Shelter in 28 days- The Link • Santa Ana acknowledged in Federal Hearing on Homeless Update with Judge Carter • Santa Ana opposes re -opening of Santa ana Armory • Santa Ana receives visit form HUD for the Orchard Project • Santa Ana participates in Operation Dignity • Santa Ana receives Homeless Emergency Aid Program State funding of • Santa Ana receives visit from State of California Representative to tour The Link • Santa Ana receives visit from Senator Diane Feinstein's office to tour The Link In addition, the report concludes with ongoing timeline that highlights the successes and accomplishments in the area of homeless services by City staff and community partners. The 19E-1 Homeless Services Quarterly Report for October — December 2018 March 19, 2019 Page 2 City's Homeless Services Manager, Hafsa Kaka, joined the City in February 2018 to enhance the coordination of the City's efforts to address homeless services and has identified four guiding principles as the foundation in delivery of homeless services: • Goal of bringing best practices of homeless service delivery to the City of Santa Ana, such as Housing First and Harm Reduction. • Strengthened collaboration with County and Cities in coordination of homeless services and programs. • Increased assistance to individuals experiencing homelessness and addressing areas of housing, employment, mental health, and other basic needs. • Coordinated services with law enforcement, affordable housing, homeless outreach, housing navigation and case management. Law Enforcement The Santa Ana Police Department (SAPD) has been instrumental in addressing homelessness. The SAPID tracks the calls for service received on an on-going basis. In 2017, SAPD received a total of 8,554 calls for service related to transient disturbances, trespassing, drunk in public, battery and Santa Ana Municipal Code Violations. With the recent removal of individuals experiencing homelessness in the Civic Center Plaza, the SAPD has continued to dedicate two teams to provide the ongoing outreach. • Two Homeless Evaluation Assessment Response Team (HEART) officers, two Orange County Health Care Agency outreach workers and the SAPD Civic Center Patrol Team, continue to address homeless related issues. Specific outreach has been conducted at Birch Park, Angeles Park, Sasser Park and the Old Orange County Courthouse. • The Quality of Life Team (QOLT) was formed in January 2018 to address concerns and requests related to municipal code violations, property storage and improper use of public/private property. This multidisciplinary team is comprised of staff from the SAPD, Parks and Recreation, Public Works, Code Enforcement and Orange County Healthcare Outreach workers. 19E-2 Homeless Services Quarterly Report for October — December 2018 March 19, 2019 Page 3 uescription No. of Locations Responded 1436 30 7 No. of Individuals Contacted 2850 59 15 No. of Encampments 1642 34 9 (can be multiple per location No. of Service Pick Ups 1162 24 6 (can be multiple per location - Rubbish/Trash/Debris) No. of Locations Posted 146 3 1 No. of Property Stored 141 3 1 (@ City Yard/Facility - personal property & items of value) No. of Needles Disposed of 492 123 31 No. of Tons of Trash & Debris Disposed of 392 8 2 No. of Private Property Assistance with Courtesy Clean-up and Removal of 267 6 1 Affordable Housing, Outreach and Case Management As an entitlement city, Santa Ana receives an Emergency Solutions Grant (ESG) to fund Non - Profit homeless service providers in the areas of street outreach, emergency shelter, homeless prevention and rapid rehousing. Following is an update on ESG ongoing efforts: Unduplicated Individuals 493 865 Served Funding $ 38,984.78* $ 117,611.60* Disbursed . www .a vas .ua�oymcm ua vJ 151 Al zUAy 19E-3 Homeless Services Quarterly Report for October — December 2018 March 19, 2019 Page 4 Other Services and Initiatives STRATEGYACTION OUTCOMEWTIME- ' FRAME Completed — Create an Interdepartmental Team on Team meets weekly & the Improve the internal Homelessness to coordinate all City agencies addition of subcommittee coordination and and activities. meetings to move action communication between items forward Consider opportunities to improve conditions Completed- April 2018 City agencies providing services and in the Civic Center. enforcement Completed- January 2018 Develop a webpage regarding how Santa Ana Ongoing Addition have is addressing homelessness. been implemented Utilize the Santa Ana City Charter and Draft a new section to the Santa Ana Completed- December Municipal Code make Municipal Code related to storage or property 2017 improvements s and services in the Civic Center area. Participate in regional bodies and discussions Coordinate with courts, to achieve the greatest impact on Ongoing other cities and County homelessness in the City. of Orange Creation of Central Service Planning Area Cities Collaborative on Housing Resources Ongoing Enlist Non -Profit and faith -based organizations serving homeless individuals to agree on a Ongoing strategy to help move individuals off of the Coordinate with Non- streets and into housing. Profits and Faith Based Continue to fund Non -Profit Emergency Organizations Solutions Grant homeless service providers to Ongoing provide street outreach, shelter, homeless prevention and rapid -rehousing services. On-going — Staff is Initiate and participate in lobbying for participating on the legislation and resources; solicit State and County's Advisory Develop and implement Federal assistance to respond to the needs for Committee for No Place specific legislation housing, enforcement and social services for Like Home funds and are related to housing and the growing homeless population. following relevant homelessness legislation Participation in the Big 11 Cities Itive to nitia secure one-time state homeless block grant in Completed .;[In ---t of AB3171 19E-4 Homeless Services Quarterly Report for October — December 2018 March 19, 2019 Page 5 Eight Updates 1. Santa Ana Establishes Interim Emergency Homeless Shelter in 28 days- The Link On November 15, 2018, the City of Santa Ana and Mercy House, hosted a media tour of The Link, Santa Ana's Interim Emergency Homeless Shelter. The 200 bed, 24-hour, ADA accessible emergency shelter, serves women, men, couples, and families with minor aged children. The Link opened its door for clients that very night. Attending the media tour were the OC Register, The Voice of OC, The Los Angeles Times, ABC News, CBS News, Spectrum News/Media, KFI, Telemundo 54, KCAL 9 and NBC 4 News. The stories highlighted the excellent quality of work by the City of Santa Ana and the positive outcomes of public and private partnership. 2. Santa Ana acknowledged in Federal Hearing on Homeless Update with Judge Carter On October 29th 2018, the Honorable Federal District Judge David Carter, convened the County of Orange, the cities of Santa Ana and Anaheim, the Santa Ana and Anaheim Police Chiefs, and Mayors, City Managers and elected officials to attend a hearing regarding a status update on Homeless Emergency Shelters throughout the County. The City of Santa Ana was represented by Mayor Miguel Pulido, Mayor Pro Tem Martinez, City Manager Raul Godinez, Deputy City Manager Robert, Director of Public Works Fuad Sweiss and City Attorneys. Pro -Tem Mayor Martinez showcased a short video of the Santa Ana Interim Emergency Shelter- The Link, during its development period and spoke on the efforts by City Council and City Staff to make the shelter ready for operation in 28 days. Judge Carter declared the creation of the Link as a not only a "County, State but also a National" best practice model to immediately address the homeless crisis. 4. Santa Ana opposes re -opening of Santa Ana Armory On November 15, 2018 City Manager Raul Godinez provided a letter to the County of orange opposing the re -opening of the Santa Ana Armory. With the opening of The Link, Santa Ana's Interim Emergency Homeless Shelter, the City of Santa Ana requested that the armory remain, at this time, as to not create further undue burden to our community. The City has participated in a regional collaborative approach and continues to encourage Orange County cities to share the responsibility in providing resources to individuals and families experiencing homelessness. 5. Santa Ana receives visit from HUD for the Orchard Project On Thursday, November 15, 2018 the City of Santa Ana, in partnership with Community Development Partners and Unit Way, provided a tour of The orchard, Santa Ana's first Permanent Supportive Housing project to the United States Department and Urban Development (HUD). The 71 -unit hotel was converted to provide housing for individuals experiencing and receiving supportive services from Mercy House. 19E-5 Homeless Services Quarterly Report for October — December 2018 March 19, 2019 Page 6 6. Santa Ana participates in Operation Dignity On November 30th, 2018, City staff began a more concerted effort towards outreach and engagement to address unsheltered homeless individuals in the City of Santa Ana. The Police Chief's Incident Action Plan (IAP), was led by Santa Ana Police Department, Deputy Chief Gominsky and Sgt. Juan Montiel with the focus on enhanced engagement and enforcement to ensure all options provided for immediate shelter and supportive services were offered. The IAP plan included the Quality of Life Teams, led by Public Works Staff, ensuring proper clean up and disposal of items and Parks and Recreation Staff, to ensure safety storage of items. The IAP plan included support from Community Development Agency Homeless Division in leading support staff efforts to shuttle individuals experiencing homelessness to The Link. Executive Management Directors were represented from several City Departments. The IAP plan involved two shifts per day, 4am-fpm and fpm-10pm to engage the homeless population off the streets and into safe shelter. The efforts concluded on December 6th, 2018 with a total of 147 homeless individual enrolled in The Link. This interdepartmental team effort created a positive impact in the community and was also attended by Federal Judge Carter, who expressed that this effort was yet another best practice model initiated by City of Santa Ana to address homelessness and increase the Quality of Life in the City. Additionally, Homeless Services Manager, Hafsa Kaka has created a Referral Collaborative of services providers to utilize best practices in outreach and engaging vulnerable populations with mental and medical health disparities to receive services at the Link upon qualification. 7. Santa Ana receives visit from State of California Representative to tour The Link On December 17, 2018, staff provided a tour of The LINK Shelter to Lahela Mattox, the State of California Representative for the Homeless Emergency Aid Program (HEAP). The City of Santa Ana applied for and received HEAP funds of $3,690,885.84 from the state to address the immediate homelessness challenge as one of the Big 11 Cities experiencing homeless crisis. The state representative was impressed by the infrastructure of the 200 bed facility in dormitories to accommodate women, men, families with children and couples. The state representative was also impressed by the supportive services on site, ADA accommodations, and the beautiful mural of the facility enhancing human dignity and respect. The state representative informed staff that The LINK will be highlighted in the States best practice tools and examples of emergency shelters. The State representative also received an opportunity to visit The Orchard afterwards. This showcased how emergency shelters can lead clients into successful permanent supportive housing. Please see pictures attached. 8. Santa Ana receives visit from Senator Diane Feinstein's office to tour The Link On December 19, 2018 Chris Barwick, representative for Senator Diane Feinstein's Office was provided a tour of THE LINK. Senator Feinstein's office was impressed that the shelter was built with great quality in just 28 days. The Senators office would like to highlight the shelter as a best practice model providing supportive services and stable housing while mitigating negative impacts to community. The Senators office would also like to highlight The City of Santa Ana as national model on a City's ability to quickly build capacity to address the homeless crisis and deliver positive outcomes 19E-6 Homeless Services Quarterly Report for October — December 2018 March 19, 2019 Page 7 STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City to meet Goal #1 — Community Safety, Objective #6 (Enhance Public Safety integration, communications and community outreach); Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability) and Objective #6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT There is no fiscal impact associated with this action. Steven A. Mendoza Executive Director Community Development Agency 19E-7 19E-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: AUTHORIZE SUBMISSION OF CITY OF SANTA ANA GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT {STRATEGIC PLAN NO. 5,3B) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F.1220i1wl, ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council authorize submittal of the General Plan Housing Element Annual Progress Report to the State of California Housing and Community Development (HCD). DISCUSSION The General Plan Housing Element is a comprehensive planning document designed to address current and future housing needs for Santa Ana and the surrounding region. The housing vision is expressed in the goals, policies, and implementation programs stated in the Housing Element. The purpose of the Housing Element Annual Progress Report (Exhibit 1) is to document housing related activities and accomplishments achieved by the City in 2018, which are consistent with the City's housing vision and associated implementation programs. The following are four major Housing Element program accomplishments in 2018: 1) The City exceeded its 2014-2021 Regional Housing Needs Allocation Goals for all income categories. 2) The City opened an Interim Emergency Homeless Shelter (The Link) with 200 beds and supportive services for individuals experiencing homelessness. 3) A Draft General Plan Policy Framework of goals and policies, as well as Land Use Focus Areas to consider housing and sustainable development opportunities, were presented to the City Council as part of the Comprehensive General Plan update; and 4) The Orchard Permanent Support Housing opened providing 71 units for chronically homeless individual, with wrap -a -round services. The City was also highlighted in an Orange County Register article on February 28, 2019 as one of the few cities in the State that "ranked among the State's best performing communities for meeting housing needs". The Housing Element Annual Progress Report includes a summary of Santa Ana's progress in meeting its share of the RHNA. There were a total of 1,372 building permits issued for new housing units in 2018; of which 42 percent or 577 housing units are affordable. With these new units, the City substantially exceeds the overall target for Santa Ana's RHNA 204 unit allocation, by over six times. 19F-1 City of Santa Ana General Plan Housing Element Annual Progress Report March 19, 2019 Page 2 The summary of new housing also exceeds by a multiplier of four the City's adopted Housing Element (2024-2021) goal of developing 405 RHNA units through identified housing opportunity sites. These achievements do not include the 200 beds for the homeless provided in the new Interim Emergency Homeless Shelter (The Link). Presently, the RHNA process does not allow for housing unit credits to be taken for new emergency homeless shelters. City staff will continue to work with the Southern California Association of Governments (SCAG) and State Housing and Community Development (HCD) for consideration of homeless shelters to be counted to achieving the RHNA allocation as these facilities help to address the regions need for additional housing Progress Towards 2014-2021 RHNA Goal RHN/ =Naw= New =14aw =A 0 New= Total:= Tort= — Lewaf Alloeatlo Housjng klousing-lftwu smg= sing Housrn `Housing 97 Remaining s EUNts =frits Untts units by Ry}IAg b/ _ afts, = 2016 ff27 201 rrfe =lntoSE fnc¢me _ . Low 1 45 0 49 49 43 172 1 313 +268 Very Low 32 2 1 31 22 38 388 481 +449 Moderate 37 12 4 20 10 17 63 +26 Subtotal Affordable 114 14 84 91 91 577 857 +743 Sutgt43al' _ — Mark -et AtE e - Rate LGitsitera =4D 80 442 _ = 11D = X95 7371 =+1,7&� aeseu un nunaing perms issued. The Housing Element Annual Progress Reports are due to the State Department of Housing and Community Development (HCD) and the State Office of Planning and Research (OPR) in April of each year. These reports are required in order for the City to continue to be in compliance with State Housing Law and be eligible for certain State funding programs such as the Housing Related Parks Program (HRP). In addition, the Governor's Office has proposed penalties for cities who do not meet their RHNA goals. Per Government Code 65400, the report is to be considered at a public meeting before the legislative body where members of the public may provide testimony and written comments. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy B (ensure compliance with the City's Housing Opportunity Ordinance by requiring rental and ownership housing projects that meet specified criteria to provide a minimum of 15 percent affordable units). 19F-2 City of Santa Ana General Plan Housing Element Annual Progress Report March 19, 2019 Page 3 FISCAL IMPACT There is no fiscal impact associated with this item. Minh Thai Executive Director Planning and Building Agency MM:/la S.\RFCA@019\3-19-19\Housing Element Progress Report\RFCA Housing Prog Report 3 19-19 REV.doox Exhibit: 1. General Plan Housing Element Annual Progress Report Report available in larger format online at. www.santa-ana.org/peneral- Ip an/2014-2021-housing-element-update 19F-3 19F-4 EXHIBIT 1 City of Santa Ana ANNUAL GENERAL PLAN HOUSING ELEMENT PROGRESS REPORT Submitted by Planning and Building Agency 19F-5 City of Santa Ana ANNUAL GENERAL PLAN HOUSING ELEMENT PROGRESS REPORT (2018) TABLE OF CONTENTS ■ Contact Information • Housing Development Applications Submittals - Table A • Annual Building Activity Report Summary — New Construction, Entitled, Permits, and Completed Units - Table A2 ■ Regional Housing Needs Allocation Progress: Permitted Units Issued by Affordability -Table B ■ Sites Identified or Rezoned to Accommodate Shortfall Housing Need - Table C ■ Program Implementation Status — Table D • Commercial Development Bonus Approved — Table E ■ Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites -Table F ■ Summary 19F-6 19F-7 �4 J l 5 S�{sv 5E a ¢ 3¢ r 5�E g�k dd 1 d i gm Ni C o5 2 y @ a nhd4 ma g$. p & mE ppa 3 k gm S@ Q @ i RRE p @ d E 4 8 y @ 11 @ h a s h� - gym` gm iiN 5 qd R =w£_,.k..rcrcrcd rco rc z2 J _ SFR z 3 a�2 J $Y R XY $L $� $ n $S a: 2 T Y i 2 2 Y Y Y $$ 3 k 2 R pp g 5 a' a gg R RR t�yi; 5 d > 4 9 9 :$ ¢ '-' 19F-7 19F-8 % S g� gyyggg ,pp x_WS:yYrof 5E SQc' Ek a 111H s _I HN 1�5 Ig AM 0 ' 4 1's's' Ya a5 mi mc Sa. a x 6 m_ -f ry 5!.� 5 d: gm k b r'i J. 19F-8 19F-9 a �rt3x - - 'a u€ , §$ F G SI R kRR - b_ a .s a♦ F R I � % ffi�aa °vl ki R `� � R¢_ d � "w{ R '� JE Q J. .� � .S e� T � w Ft k& � uT �. d ` 5 a�@ c s x:: p p p ®.�^v.�' ,n x6 a ^'x iv5m$o��•�i;� �_3E �' S F F-� aG .af mom.a F' A g R S. U mw Sf a F.F y i pp w 9ryg C :. n A gg a# & xl 11 01 a g 5_ 19F-9 19F-10 �e- 8O; s s g a�� z d 1-1 1191 AIR MIN muLio i #� R 19F-10 Table A2 Annual Soilding Activity Report Somme ns, Now Construction, Entitled, Permits and Completed Units Project Identifler Unit Types rM 0Y1 ver x Rn� SummaI Stan Uses V.1"s .11-181, 12222E ,. Is M. W. Cxnt 5.0, H.uWa10195996 V. 42 114a' C. .Is' PIaso. "o""101965]9 SFD 0 41Ub 2,5I 412-541,06 2032 WP. 4 1,u. F� - -u 10".11] SFO n- 41764I ­DS 294-1 -VIP. I- $hpo -Hl.. To-lum TF-D 412-W -Off 4412.511-6203] W -PL w NOsan M1up-HPmal 10I98-517 S1 -0 N- T1 -541.06 412.541 AS 2-&-9 -Wlr� 7irw S h-e a Fo m �� -16196680 R-0 6� 12-641-05- T1-2-71I IM r-U Be��m 101-98516 SFO 6- T`M9709- 41_25M9 Me WPWJ-�n rfurn-91-WWO�Mes 1�)197201 -SFU- 0- -M- 4 2 "In M�-145- WI -W�-�% 7FRF -Sues �HoMas I01-07202 V-D- 5­ TTF'XI ZF- -4 TM 105 ORrgP-"4.-IidnnSM1u a 70107-199 -SrF- 5- 4T99IW-d125M1iAE 2028 WP". aral Buell Fu,rsn T01-972N5 UFO- 4 TAdt-05 d12-541 62026 im.". Eml. - 10120997 412.6 t-05 .1WI'. m7 w NOmBs 10 0> 110.'�D 41 -641 'I a 1010753 SFD ff � TT---- --- T7M799W.. -lo'- - -0-0-7208 FU--- 0 TfMTf."M- - TpFKM� nae W namemo A108a-n11115 H.. -70194-674 .SFD 0 41Z541-05 111$ 201 N.ern,n k148s,61has H.w. 101946n SFD 0 T17Z 1 �A *4723,41-05 -2192� ��mWadl A11saa,$Jsa Homes 10-194-675 SFD 0- 344`052-1d 39495244 22W NLnSt 1010791 $10 0 3MY052-14 I0665244 R&Y_L,St97872 A� at Is pule 101SFD 0 39606244 ni14 USf 24 L,,I St AnjAftfte_ 10197873 SFD 0 3964352-14 3016043EA4 VIS WILMSt AI.IMOsG.. I110456 610 0 396-02-14 malu 2238 NL & Averyal na 011- 10191088 SI'D 0 390-$2-14 3%052U "'As NLSI AI.,MftGuyva 10107870 SFO 0 395852III no,052-141MIQ NL St AI,,o1h.Guvc 10107469 SFD 0 011.154,43 011-I6443 1440 EnleSI R,LShuaA".sraMCA- MUM Sr R 43N22143 43031m13 Iran E(larfid 7. Ha" '. - 8 1019,0.4 01 R 430,221,13 4WMIA3 1951 E The �uu 10190037 51 R MMA0"3 1.2.9 . rura:.I u Iowrwa 1,. 1 398.1r143 3934117M 9f-NTpAJ -Aw Trull 91-WMLF;- 10I9I-304 SFA 0- 3 70103- W-W-m29 rstl +4TWP�o - Tomm -T- - 3W106M- 59i:'FW raeq vo - TWWW�- 101 4801 SFA­ 0- TOY m -Iff- W IF1.7 9 N rWMPl`-aM.M. r. Lu �"10194005 TF-A 0932109 0111.321-t4 In S 1`arrffl,Ave 37 Venane WeUt 10190461 SFA 0 09-_321.04 0073n!,A4 IM 5 Poft A,, 36 V.r.e. VA[k 1019W02 SFA 0 09321.04 (47-321-04120 Silalfi,A- 36 Vernal, M, 14 1019.00 ISIA 10 09321-04 007-321,01 In 5 Perfic Avu 36 .."Ina W.111 1.19.59 ISFA 0 0932144 LW S PaIflcAw 39 Vocamal Walk 10I80463 SFA 0 M7J2104 WV.IM 120 3 Peche Al. 34 Vu.N. wark 10IN458 SFA 0 144391b1 144551,41 3314 WFmI 1`t...V9aeI 10197266 2 LOU4S+ R 18M8242 1"MD F210-3,oluoR lsl�.M A_D_ 1&1 2-0 M179M12, rz Mugu DU ft 015124-9 OW24,419 20W J12SPurIoSt 10194093 ADO I 014-12226 014-12238 M, 1)281F�ec.sl 10195447 ADO R 0144W6 D144224oi2025I2SElugas51 10194e38 ADO R 39B461-39 398-m134 60812 N Lu"roo9 Ave 10194705 ADO R 194161-11 I961151-11 11010 112 N mar -las IN 10106136 AI`U R 01"QA. 0152,03.10108112 S Val Nc. PA. 10196181 iADU 106100.11 100.190,11 151314NP . . . N 10104637 ADO R 101422-19 101-122-19 2W1 UZW$Ilsuastu 10194622 ADO R all7�4-2 011-073-2 40112EHammdP[ 10195143 ADO R 49e-m-0o 0172,11 36W 112 W Inuouf Avu 10195888 ADD R 403494104 403154,04 2111125 furor, M 10195988 ADO I 190-241-01 4984414t 3506 112 W Fell St 10198519 ADO R 00346300 oun-irmrna 511 v2ETwo1rmst 10196527 ADD R 003222.13 W62T2-13 910MCGINDerAve 019 783 ADO R 01 392-03 I=... RMNE-w- 9,1.. � �� rr- "OKI-M-21 --- -, -Ing-maT-- M.Imla W2. 12 21121mNRom 6, YoMMW ADO TW-4-FI-26- 10435--m t wwDim 79i TOT974-74 TD�U 14�21-13 1-U 217112. u 1O-IW-46-0 TD-U 463 T7-3-16- -4 5 . M10197949-4 TMIMIT 1Or fflp ADO R Tom - 1. on-R- u, To 96WI ADO u 144-303-If 1411 3H141r2WEAranDIA 119698 TD-u Tz- 10801.9191811 N .,Ln 0, 10467G9 ADD R - 1671T35- T.11-5 602' 1 WShcenlP Sl 10158380 Tow if- 4 3 7t-14- awl m Tw-M W14 St 10197813 -D-u- R---- 40411-30 405-V310 .1.112NPp�uAs 10190310 ADO R 406062,01 4MO247 252212WSWrftscSt 10191027 ADO R 001-i6l-13 W7.183=13 1319105V-TW51 10196807 ADO R 0116132-05 600I2E0uaIu1rA,,, 101967" ADO R 015mi.47206090ive SC 10100M5 ADO R 003212-33 Da-M-al M.IQEAv.WAA. 10197422 ADD R 100.12 39 10942339 2417V2WSo,,prdAve 10197454 ADO R 010.2749E olaua 113012 W Coburn St 1019660I ADU R 01609442 202 IQ E Admai at 10198311 ADO R 396431-01 396431ll1 41W11EV,,W.Au IMM7 ADO R 01442236 10I0453. ADO 0 014-12249 I4,IvQo 2021 1019,W6 ADO 0 10"74.27 Mural '�374QI` 110 $ 1 11 8 I I 405,28�a 4 -24348 IM VI-lb,-Mr, IMS204 ADO 0 014-1114-9 -1e-III`DD 1913 SklacaoaS' na na c A m STvd �N IM5183 ADO 0 3WQQA4 �=114 Im Elhnuoma 101964M ADD 0 3*64W4 -2-14 JW E Won Avs 10106439 ADO 0 010.2M.05 1A.V4_05 I'm Vv CU v 1010599 ADD 0 en.l��0910,0,4-12 202 EM.0, 1010.310 M) 0 111 Table A2 MnpaIWWftActift RepoN Summary-New ConstruOon, Entitled, Permits and CompNtedUnite ABor Wft by Homahold Incomes-Completed Entitlement 4 19F-12 19F-13 Table A2 Annual While, Activity Report Summary -Now Construction, Entitled, Permits and Completed Units Affordability by Household incomes -Building Permits 7 e o Cah.,,APN 1:h..1Addac. very We- V.,Larr, La..Ermra. Lax' -1112... le...D.d I.—.Bar wee Ran wee RHbi.ed Oml RestriNO wahkl. ..d Mame.. Rocha.. ...On., m[arne Ren R..hI[IeE Oxd..I.. d Ane,...unit. Haa.rae. 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' Total Very Low 0 0 0 Low 0 0 0 Moderate Os 0 0 Above Moderate 0 0 0 Total 0 0 0' Cells in grey contain auto -calculation formulas 19F-33 19F-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVE REIMBURSEMENT AGREEMENT WITH GARDEN GROVE AND APPROVE RELATED APPROPRIATION ADJUSTMENT AND FUND REALLOCATION TO AWARD A $985,301 CONSTRUCTION CONTRACT TO R.J. NOBLE COMPANY FOR THE EUCLID STREET REHABILITATION PROJECT (PROJECT NO. 18-6915) {STRATEGIC PLAN NO. 6, 113; 1C; 1G} �—;� A===� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Cooperative Cost Reimbursement Agreement with the City of Garden Grove for improvements within the Garden Grove jurisdiction from Hazard Avenue to Westminster Avenue, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $315,148 in cost reimbursement from the City of Garden Grove into the Select Street Construction revenue account, and appropriating the same amount to the Select Street Construction expenditure account for the Euclid Street Rehabilitation Project. 3. Award a contract to R.J. Noble, the lowest responsible bidder, in accordance with the base bid in the amount of $985,301, for construction of the Euclid Street Rehabilitation Project from Hazard Avenue to Westminster Avenue, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 4. Authorize the reallocation of $239,319 in unspent Fiscal Year 2017-18 Select Street Construction Road Maintenance and Rehabilitation Account fund from projects 18-6916 and 18-6917 to the Euclid Street Rehabilitation Project. 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,208,892, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $98,530. 20A-1 Award Contract to R.J. Noble Company for the Euclid Street Rehabilitation Project March 19, 2019 Page 2 DISCUSSION The City's Pavement Management Program identified Euclid Street from Hazard Avenue to Westminster Avenue as high priority for street rehabilitation (Exhibit 1). The pavement has deteriorated due to weather, age, and wear -and -tear from heavy usage vehicles. The proposed improvements include the removal and replacement of failed asphalt pavement; the replacement of damaged concrete curb, gutters, sidewalks, and curb ramps; and installation of traffic loops, traffic stripes, and pavement markings. Once completed, these improvements will enhance the ride quality and visual appearance of the street, and comply with Americans with Disabilities (ADA) standards. The City of Garden Grove shares the right-of-way within the project area; therefore, a Cooperative Cost Reimbursement Agreement is required for the City of Garden Grove to finance their portion of the improvements (Exhibit 2). The Cooperative Cost Reimbursement Agreement between the City of Santa Ana and City of Garden Grove identifies the roles and responsibilities of each party and estimates each city's share of the project costs. City of Garden Grove's cost reimbursement of $315,148 includes $23,344 for their share of the Design Engineering Cost. The City of Garden Grove's total cost reimbursement will be funded by their Gas Tax allocation. A Notice Inviting Bids was advertised on December 14 and December 20, 2018, and bids were opened on January 15, 2019. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 25 Contractors requesting bidding documents 13 Bids received 5 Bids received from Santa Ana contractors 1 Outreach To provide an opportunity for local vendors to submit bids, the City is now utilizing the PlanetBids web -based system. Through this system, 25 qualified local vendors were notified of the opportunity to bid on this project. 20A-2 Award Contract to R.J March 19, 2019 Page 3 Bid Results Summary Noble Company for the Euclid Street Rehabilitation Project RANK BIDDER'S NAME LOCATION BASE BID 1 R.J. Noble Company Orange $985,301 2 All American Asphalt Corona $1,111,000 3 Hardy & Harper, Inc. Santa Ana $1,120,000 4 Excel Paving Co. Long Beach $1,128,800 5 Sequel Contractors, Inc. Santa Fe Springs $1,197,050 A total of five bids were received and all were deemed responsive. R.J. Noble Company submitted the lowest responsive bid in the amount of $985,301 (Exhibit 3). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to R.J. Noble Company in the amount of the bid (Exhibit 4). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER -2019-01 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 5), the estimated total construction delivery cost of the project is $1,208,892, which includes construction, contract administration, inspection, testing, design engineering, and $98,530 in authorized contingencies. A cost reimbursement agreement with Garden Grove resulting in $315,148 reimbursed to Santa Ana will require an appropriation adjustment recognizing that amount into the Select Street Construction revenue account (No. 05917002-57000) and appropriated into the Select Street Construction expenditure account (No. 05917660-66220). Also, project funding requires 20A-3 Award Contract to R.J. Noble Company for the Euclid Street Rehabilitation Project March 19, 2019 Page 4 reallocation of unexpended funds in the amount of $239,319 from the Select Street Construction Account fund (No. 05917665-66220; Projects 18-6916 and 18-6917). The table below summarizes the project funding available for expenditure in Fiscal Year 2018-19: Project 18-6916 Project 18-6917 City of Garden Grove Totals: 0 Fuad Sweiss, PE, PLS Execute Director Public orks Agency FUNDS/ACCOUNTS TOTALS Select Street Maintenance Select Street Construction 05917665-66220 05917660-66220 $654,425 $654,425 $79,143 $79,143 $160,176 $160,176 $315,148 $315,148 $893,744 $315,148 $1,208,892 APPROVED AS TO FUNDS AND ACCOUNTS: A��'��-r.+- 4, Kathryn Dowr's, CPAs Executive Director Finance and Management Services Agency Exhibits: 1. Location Map 2. Cooperative Cost Reimbursement Agreement with Garden Grove 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 20A-4 SANTA ANA Project No. 18-6915: p�1 Euclid Street Rehabilitation from Hazard It Avenue to Westminster Avenue PUBLIC WORKS AGENCY I J 20A-6 Exhibit 2 COOPERATIVE COST REIMBURSEMENT AGREEMENT EUCLID STREET REHABILITATION PROJECT FROM HAZARD AVENUE TO WESTMINSTER AVENUE COOPERATIVE COST REIMBURSEMENT AGREEMENT ("Agreement'), is made and entered into this _ day of 2019, by and between the CITY OF SANTA ANA, a California charter city ("Santa Ana"), and the CITY OF GARDEN GROVE, a California municipal corporation ("Garden Grove"). In this Agreement, Santa Ana and Garden Grove may each be individually referred to as a "Party" and collectively referred to as the 'Parties." RECITALS: WHEREAS, Santa Ana has initiated a street rehabilitation project (the 'Project') to improve the pavement condition of Euclid Street from Hazard Avenue to Westminster Avenue and WHEREAS, Euclid Street within the Project limits contain a portion of property within Santa Ana and a portion of the street within the boundary of Garden Grove; and WHEREAS, In an effort to efficiently utilize Garden Grove resources, Garden Grove wishes to improve the portion of Euclid Street within its boundary at the same time the Santa Ana Euclid Street Project is conducted; and WHEREAS, the Parties desire to repave Euclid Street, within their respective boundaries, as part of the "Project'. NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: 1. The City of Santa Ana will advertise for bids, hire a contractor, approve the work and administer the contract for street rehabilitation. 2. Garden Grove is responsible for: (a) Garden Grove shall pay Santa Ana for the actual cost of the work within the Garden Grove portion based upon unit prices bid of the Successful Contractor and quantities actually used on the Garden Grove portion as set forth in the Project Location Map (Exhibit A) and the City Cost Sharing (Exhibit B), attached hereto and incorporated by this reference. Garden Grove will remit payment to Santa Ana within thirty (30) days of receipt of invoice evidencing Project work performed within Garden Grove city boundary. (b) Garden Grove shall pay Santa Ana for the actual cost of design engineering and construction engineering services provided for the work within the Garden Grove portion based upon the time spent by Santa Ana staff. Garden Grove will remit payment to Santa Ana within thirty (30) days of receipt of invoice evidencing Project work performed within Garden Grove city boundary. 3. Garden Grove will coordinate the relocation of all affected utility company facilities within the City limits of Garden Grove in a timely manner. 20A-7 4. Santa Ana and Garden Grove shall extend cooperation to each other and proceed under this Agreement in good faith to facilitate timely completion of the Project. The Parties agree that when any component of this Project is subject to the approval of Garden Grove, such approval shall not be unreasonably withheld. 5. Garden Grove will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule. Also, a representative from Garden Grove will be invited to attend pre -construction, Project status, and final walk through meetings. 6. Change orders for work within Garden Grove Works Department Engineering Manager of implementation. Garden Grove is responsible respective boundaries. must receive the written approval of the Public Garden Grove or his/her designee prior to for change order cost within Garden Grove 7. The following staff members, or as otherwise designated in writing by the Executive Director of Public Works of Santa Ana or the Public Works Department Engineering Manager of Garden Grove, shall be the selected representatives of each City to act on each respective City's behalf with respect to this agreement. Any notices, requests, approvals, plan submittals or communications shall be provided to each representative noted below: City of Santa Ana: ATTN: Edwin "William" Galvez, PE City Engineer Public Works Agency Santa Ana, CA 92701 20 Civic Center Plaza, M-21 Phone: (714) 647-5653 E -Mail: wegaivez@santa-ana.org City of Garden Grove: ATTN: Dan Candelaria, PETE City Engineer Public Works Department 11222 Acacia Parkway Garden Grove, CA 92840 Phone: (714) 741-5185 E -Mail: danc@ci.garden-grove.ca.us 8. Santa Ana shall cause its contractor for the Project to guarantee the Garden Grove improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance by Santa Ana. It is further agreed that Santa Ana shall assume the responsibility for causing the Garden Grove improvements to be brought or restored to full compliance with the requirements of the Plans and Specifications for any portion of the Project which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. 9. The City of Santa Ana shall have its contractor provide insurance as follows: 9.1 INSURANCE AMOUNTS. Contractor shall maintain the following insurance for the duration of this Agreement: (a) Commercial general liability in the amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to City and have an AM Best's Guide Rating of A - Class VII or better, as approved by the City. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City shall be entitled to the broader coverage and/or 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. 20A-8 An Additional Insured Endorsement, ongoing and completed operations, for the policy shall designate the City of Santa Ana, the City of Garden Grove, their officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the Contractor. Contractor shall provide to City proof of insurance and endorsement forms that conform to City's requirements, as approved by the City. (b) Automobile liability in the amount of $1,000,000 combined single limit, including mobile equipment if applicable; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to City and have an AM Best's Guide Rating of A-, Class VII or better, as approved by the City. An Additional Insured Endorsement for the policy shall designate the City of Garden Grove, the City of Santa Ana, their officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the Contractor. Contractor shall provide to City proof of insurance and endorsement forms that conform to City's requirements, as approved by the City. (c) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 9.2 WORKERS COMPENSATION INSURANCE. For the duration of this Agreement, Contractor and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the City of Garden Grove, the City of Santa Ana, their officers, officials, agents, employees, and volunteers. 9.3. CONTRACTOR shall not commence work until all certificates and endorsements have been received and approved by Santa Ana. All insurance required shall contain a Statement of Obligation on the part of the carrier to notify City of any material change, cancellation, or termination at least thirty (30) days in advance. 10. This Agreement contains all of the agreements of the Parties regarding the Project and all previous understandings, negotiations and agreements regarding the Project are integrated into and superseded by this Agreement. 11. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 12. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 20A-9 13. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. 14. This Agreement shall be binding upon and shall endure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 15. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 16. This Agreement is to be governed by the laws of the State of California, in Orange County California. 17. Each party agrees to defend, hold harmless, and indemnify the other as to any and all claims, judgments, liabilities or damages for injuries and damages directly arising out of each party's own performance under this Agreement, except to the extent such damage or expense is caused in whole or in part by the other party's negligence or willful misconduct. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF SANTA ANA CITY OF GARDEN GROVE STEVEN A. MENDOZA Acting City Manager ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney J D !w. J(j)/riN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD S. SWEISS, PE, PLS Public Works Agency Executive Director SCOTT C. STILES City Manager ATTEST: TERESA POMEROY City Clerk • • • r _ �C�77�7:7(�IA OMAR SANDOVAL City Attorney 20A-10 Exhibit A Location Map Euclid Street Rehabilitation Project From Hazard Avenue to Westminster Avenue 20A-11 SANTA ANA ■PWA■ EXHIBIT A PROJECT 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. LOCATION MAP PAGE 1 OF 1 EXHIBIT B City Cost Sharing Euclid Street Rehabilitation Project From Hazard Avenue to Westminster Avenue City of Garden Grove Cost 20A-13 PROJECT NO. 18-6915 EUCLID REHABILITATION: FROM HAZARD TO WESTMINSTER City of Garden Grove and Santa Ana Cooperative Agreement QUANTITIES NO. ' DESCRIPTIONS I,NFTl G.G. QUANTTTY U91T, _ COST + GARDEN GROVE 1 Unclassified Ex. CY 1,000 $ 38.00$ 38,000.00 2 Cold Milling (3") SF 0 $ 0.28 $ - 3 Cold Milling IV) SF 0 $ 0.65 $ - 4 Crush Miscellaneous Base (CMB) TN 610 $ 29.00 $ 17,690.00 5 lAsphalt Concrete (AC) TN 950 $ 75.00 $ 71,250.00 6 Asphalt Rubber FIot Mix (ARITM) TN 320 $ 92.00 $ 29,440.00 7 PCC Curb Ramps SF 1,000 $ 8.50 $ 8,500.00 8 PCC Sidewalk (4") SF 1,660 $ 5.30 $ 8,798.00 9 PCC Cross Gutter SF 860 $ 16.00 $ 13,760.00 10 PCC Driveway per GG standard plan SF 350 $ 10.50 $ 3,675.00 11 PCC Curb Type A-8 LF 80 $ 21.00 $ 1,680.00 12 PCC Curb and Gauer Type C-8 LF 10 $ 32.00 $ 320.00 13 Adjust OCSD Manhole Frame & Cover to Finish Grade EA 0 $ 11800.00 $ - 14 Adjust Manhole Frame & Cover to Finish Grade EA 1 $ 11000.00 $ 1,000.00 15 Adjust Water Valve Frame & Cover to Finish Grade (S.A.) EA 0 $ 1,000.00 $ - 16 Adjust Water Valve Frame & Cover to Finish Grade (G.G.) EA 17 $ 1,000.00 $ 17,000.00 17 18" Dowels EA 8 $ 80.00 $ 640.00 18 Root Shave EA 10 $ 260.00 $ 2,600.00 19 Furnish and Install New #6 Pullbox EA 5 $ 315.00 $ 1,575.00 20 Temporary Construction Sign EA 5 $ 315.00 $ 1,575.00 21 Project advertisement sign EA 0 $ 800.00 $ - 22 Furnish and Install Ytaffe Loops Type D t EA 4 $ 240.00 $ 960.00 23 Furnish and Install Traffic Loops TypeE t EA 8 $ 210.00 $ 1,680.00 24 Signing and Striping LS 0.10 $ 123,000.00 $ 12,300.00 25 Labor Agreement Oversight LS 0.10 $ 10,000.00 $ 1,000.00 S,UJ3TOTAL CONSTRUGTIOA' COST �. $ 233,443.00 Design Engineering Contingency Construction Engineering 10% 10% 15% $ $ $ 23,344.30 23,344.30 35,016.40 TOTAL PROJECT COST $ 315,148.00 ZOABIT4B City of Santa Ana Page 1 Euclid St. Rehabilitation from Hazard Ave. to WestminsterAve. (18.6915), bidding on January 16, 2019 2:00 PM Printed 02/1412019 Bid Results EXHIBIT 3 Bidder Details File Name Vendor Name R.J. Noble Company Address 15505 E. Lincoln Ave Ownership Affidavit Orange, CA 92865 Ownership Affidavit (Notary United States Respondee Jennifer De longh Respondee Title Contract Administrator Phone 714-637-1550 Ext. 311 Email stevemendoza@dnoblecompanycom Vendor Type Bid Bond Euclid S1reetQQ1.pdf License # 782908 CA DIR Public)- REQ Original Bid Detail Bid Format Electronic Submitted January 16, 2019 1:41:41 PM (Pacific) Delivery Method Non Collusion Affidavit001.pdf Bid Responsive Bid Status Submitted Confirmation # 103592 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Forms Euclid Street General docs001.pdf General Forms Ownership Affidavit Ownership Affidavit001.pdf Ownership Affidavit (Notary Public)- REQ Original Hard Copy Submittal in Addition Bid Band Euclid Street Bid Bond Euclid S1reetQQ1.pdf Bid Bond Guaranty (Notary Public)- REQ Original Hard Copy Submittal In Addition Non Collusion Affidavit Non Collusion Affidavit001.pdf Non-Colluslon Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Line Items Type Item Code u0M Qty Unit Price Line Total Comment Base Bid Proposal 1 Unclasslfled Ex* Cy 2340 $38,00 $88,920.00 2 Cold Milling IN')' 8F 122000 $0.28 $34,160.00 P20A,11- 5 City of Santa Ana Page 2 Euclid St. Rehabilitation from Hazard Ave. to Westminster Ave, (18-6915), bidding on January 16, 2019 2:00 PM Printed 02/1412019 Bid Results Type Item Code UCIN Qty Unit Price Lino Total Comment 3 Cold Milling (6") SF 9100 $0.85 $6,915.00 4 Crush Miscellaneous Base (GMB)* TN 010 $29.00 $17,690.00 5 Asphalt Concrete (AC)* TN 4070 $75.00 $305,250,00 6 Asphalt Rubber Hot Mix (ARHM)* TN 2700 $92.00 $248,400.00 7 PCC Curb Ramps SF 3100 $8,60 $26,360.00 8 PCC Sidewalk (T-4") SF 3320 $6.30 $17,596.00 9 PCC Cross Gutter SF 1910 $16.00 $30,600.00 10 PCC Driveway (T=8") SF 350 $10.50 $3,676.00 11 PCC Curb (Type A-8) LF 80 $21.00 $1,680.00 12 PCC Curb & Gutter (Type C-8) LF 10 $32,00 $320.00 13 Adjust OCSD Manhole Frame & Cover to Finish Grade EA 5 $1,800.00 $9,000.00 14 Adjust Manhole Frame & Cover to Finish Grade EA 8 $1,000.00 $8,000.00 15 Adjust Water Valve Frame & Cover to Finish Grade (S.A.) EA 10 $1,000.00 $10,000.00 16 Adjust Water Valve Frame & Cover to Fomosj Grade (G.G.) EA 17 $1,000.00 $17,000.00 17 15" Dowel bars (epoxy coated and corrosion free) EA 8 $80.00 $640.00 18 Root Shave EA 10 $260.60 $2,600.00 City of Santa Ana Page 3 Euclid St. Rehabilltatlon from Hazard Ave. to Westminster Ave. (180815), bidding on January 16, 2019 2:00 PM Printed 02/14/2019 Bid Results Type Item Code UOM qty Unit Price Line Total Comment 19 Furnish and Install New 46 Pull box EA 15 $315.00 $4,725,00 20 Temporary Constructlon Sign EA 6 $315.00 $1,890.00 21 Project advertisement sign Fes, 4 $800.00 $3,200.00 22 Furnish and Install Traffic Loops Type D t EA 22 $240.00 $5,280.00 23 Furnish and Install Traffic Loops Type E t EA 45 $210.00 $9,450.00 24 Signing and Striping LS 1 $123,000.00 $123,000.00 25 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $985,301.00 Total $985,301.00 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. TOTAL BASE BID $ 985,301.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid item(s) (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25V? limit as stated in Section 3-2 of the Standard Specifications. Theactual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within fifty j501 woekine dans after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,950 per calendar day. Name of Firm R.1. MOBLE COMPANY Signature of BIDDER X Title STEVE MENDOZA, SECRETARY (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-17 20A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm 1U. NOBLE COMPANY Signature of BIDDER X Title STEVE MENDOZA, SECRI1I`ARY `"' (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) I ,1 I a <::A ASPHALT PAVING - ENGINEERING CONTRACTORS LIC. A-782908 R . NOBLE COMPANY A CALIFORNIA CORP -ORATION 15505 E. LINCOLN AVENUE ORANGE, CA 92865 CORPORATE OFFICERS: MICHAEL J. CARVER, PRESIDENT CRAIG PORTER, SENIOR VICE PRESIDENT AUSTIN CARVER, VICE PRESIDENT OF OPERATIONS KASONDRA CARVER, VICE PRESIDENT OF MARKETING STEVE MENDOZA, SECRETARY JAMES N. DUCOTE, TREASURER 15505 E. LINCOLN AVE - P.O.BOX 620 - OWIGF., C�IFORNIA 92856-6620 - (714) 631-155U - t -AX CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: RJ. NOBLE COMPANY Business Address: 15505 E. LINCOLN AVENUE, ORANGE, CA 92865 Business E• -Mail Address: $tevemendozar rinoblecompany.com Telephone: 714-637-1550 State Contractor's License No. and Class: License Expiration Date: 08-31-2020 782908 CLASS A & C-12 State Dept. of Industrial Relations (DIR) Registration No.: t000004235 State Dept, of Industrial Relations (DIR) Registration Expiration Date: Signed: X Title: STEVE MYNDOZA, SECRETARY 06.30-2019 CITY OF SANTA -ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST, REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm R.J. NOBLE COMPANY Signature of BIDDER x Title SIEVE MENDO; (if an individual, so state) Y CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. INF39#1*41111 Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: Y201* of the bid or $10,000, whichever is greater n Buildings, parks, or other projects: %z%of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions ofthe work to the firms listed below: Name NOBEST Name SMITHSON ELECTRIC License #/Exp. 359622 07/31/20 License #/Exp. 614518 0313IN9 DIR Reg.#/Exp. 1000011529 DIR Reg.#/Exp. 1000001610 Location 7600 ACACIA aVF -GARDEN GRpvE.Cltocation 1938 E. KATE. LLA AVE.. ORANGE. CA Phone 714-892-5593 Phone 714-997..9556 Type Of Work CONCRETE Type Of Work ELECTRICAL_ Amount $ $103.300.00 Amount $ $13,950.00 Name CL SURVEY License #/Exp. 8231 12131/19 DIR Reg. #/Exp. 10000 6 License # 8231 12/331119 Location 1269 POMONA RD STE 108, CORONA, CA Phone 909-484-4200 Type Of Work SURVEY Amount $ $8,000.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Name ORANGE COUNTY STRIPING License #/Exp. 346095 03/31/20 DIR Reg.#/Exp. 1000005547 License # 346095 03131/20 Location I83 N. PIXLEY; ORANGE. KCA 92868 Phone 714-6394550 Type Of Work STRIPING Amount$ 19,595.00 Is` License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Type Of Work Amount $ _ Amount $ 11 x K Signature of ffid er STEVC MENDOZA. SLCRETAR, P-9 of P-17 20A-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER. AVE. REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. I CITY OF 1 tUNTINGTON BEACH, 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Name and Address of Owner. JOHN S. GRIFFIN 714-375-5011 Name and Telephone Number of person familiar with pproject. $2,522,581.07 STREET 1MPROVEMEN'TS MARCH 2017 Contract Amount Type of Work Date Completed Z. CITY OF ORANGE, 300 E. CHAPMAN AVE., ORANGE, CA 92866 Name and Address of owner. RANDY NGYUEN 714-744-5544 Name and Telephone Number ofperson familiar with project. $4,526,071.43 ANNUM.. PAVEMENT MAINTENANCE JANUARY 2018 Contract Amount Type of Work Date Completed 3. CITY OF GARDEN GROVE 1.1222 ACACIA PARKWAY, GARDEN GROVE, CA 92842 Name and Address of owner. NAVIN MARU 714-741-5000 Name and Telephone Number of person familiar with project. $1,869,570.29 STREET REHABILITATION NOVEMBER 2017 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. PATRIOT RISK & INSURANCE SERVICES 2415 CAMPUS DRIVE SUITE 200, IRVINE, CA 92612 SCOTT SAI,ANDI 949-486-7917 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. ], CITY OF TUSTIN, 300 CENTENNIAL WAY, TUSTIN, CA 92780 Name and Address of Owner. BENNY TENKEAN 714-573-3161 Name and Telephone Number of person familiar with project. $26.281,654.76 ROAD RECONSTUCTION WRIJ STURM DRAIN WRYS DECEMBER 2013 Contract Amount ___._ Type of Work Date Completed 2. CITY OF RIVERSIDE, 3900 MAIN STREET, RIVERSIDE, CA 92522 Name and Address of owner. STEVE HOWARD 951-826-5.567 Name and Telephone Number of person familiar with project. $5,872,373.05 STREET WIDENING JUNE 2017 Contract Amount Type of Work Date Completed 3. CITY OF COSTA MESA, 77 FAIR DRIVE, COSTA MESA, CA Name and Address of owner. IRINA GUROVICH 714-754-5324 Name and Telephone Number of person familiar with project. 54,119,227.00 GRIND & OVERLAY OF VARIOUS STREETS SEPTEMBER 2015 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. PATRIOT RISK & INSURANCE SERVICES 2415 CAMPUS DRIVE SFE 200 IRVINE, CA 92612 SCOTT" SALANDI 949-486-7957 911733w, CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which helshe 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 Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall fumish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. in the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18.6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: X f r Title: SIEVE M 'DOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: 01116/2019 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: X Title: STEVEENDOZA, SECRETARY Firm: R.7. NOBLE COMPANY Date: JANUARY 16, 2019 ro. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, fart 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: x 4Y.Z& Title: STEVE MENDOZA, SECRETARY Firm: R.J. NOBLE COMPANY Date: JANUARY 16,2019 IP F, ., l • e CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6915 EUCLID ST. REHABILITATION: HAZARD AVE. TO WESTMINSTER AVE. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or localgovernment project because of a violation of law or a safety regulation? Yes No XXXX If the answer is yes, explain the circumstances in the following space. P M] CITY OF SANTA ANA EXHIBIT 4 CONSTRUCTION CONTRACT PROJECT 18-6915 EUCLID STREET REHABILITATION FROM HAZARD AVENUE TO WESTMINSTER AVENUE PROJECT This CONSTRUCTION CONTRACT is made and entered into this 191h day of March, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and R.J. Noble Company (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Euclid Street Rehabilitation From Hazard Avenue To Westminster Avenue Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Constriction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Nine Hundred Eighty -Five Thousand Three Hundred One Dollars and No Cents ($985,301.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." rev, 09/01/2017 20A-31 Page 1 of 3 The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amormt of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing constntction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more frilly described in the CWA. The CWA may be found on the City's website at: httn://www.santa-ana.ora/nwa/documents/CWA.odf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 20A-32 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: MHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager CONTRACTOR: R.J. Noble Company NAME: TITLE: 20A-33 Page 3 of 3 20A-34 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 18-6915: Euclid Street Rehabilitation from Hazard Avenue to Westminster Avenue Construction Contract $ 985,301.00 Contract Administration $ 47,500.00 Inspection and Testing $ 54,216.70 Design Engineering $ 23,344.30 Contingencies $ 98,530.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,208,892.00 EXHIBIT 5 20A-35 20A-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVE APPROPRIATION ADJUSTMENT IN THE AMOUNT OF $1,224,850 RECOGNIZING EQUITABLE SHARING FUNDS FROM THE FEDERAL DEPARTMENT OF JUSTICE (STRATEGIC PLAN NO.1.3) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $1,224,850 in Equitable Sharing revenue accounts (nos. 16614002 57410 and 16714002 57410) and appropriate same to Equitable Sharing expenditure accounts (nos. 16614450 — various and 16714455 - various). DISCUSSION The Department of Justice Asset Forfeiture Program encompasses the seizure and forfeiture of assets that represent the proceeds of, orwere used to facilitate federal crimes. The primary mission of the Program is to employ asset forfeiture capabilities in a manner that enhances public safety and security. This is accomplished by removing the proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal activity against our society. Asset forfeiture has the ability to disrupt or dismantle criminal organizations that would continue to function if we only convicted and incarcerated specific individuals. The Santa Ana Police Department participates in the Orange County Regional Narcotics Suppression Program (RNSP). It is the primary mission of RNSP to target, investigate, and prosecute individuals who organize, direct, finance, or otherwise engage in high-level (major) illicit drug trafficking enterprises or money laundering operations. A high priority is placed on those subjects who are engaged in the importation of illegal drugs into or through Orange County and the interdiction of such illicit trafficking pipelines. An adoption occurs when a local agency or task force seizes property and requests one of the federal seizing agencies to adopt the seizure and proceed with federal forfeiture. Once the cases are adjudicated, participating agencies receive a percentage of the forfeited funds. This appropriation adjustment will recognize $1,224,850 in the Police Department's Equitable Sharing Fund to be used to enhance law enforcement operations. The Santa Ana Police 20B-1 Appropriation Adjustment — Equitable Sharing Funds March 19, 2019 Page 2 Department typically uses equitable shared funds for law enforcement equipment and services, to provide training, and to supplement overtime. Recently, the Police Department has used equitable sharing funds to fund the implementation of the Department's integrated software system, the body -worn camera program, PAAL Center programming, recruitment events, and Peer Support Training. The Police Department anticipated using a significant percentage of this funding to fund RVSP overtime expenses in direct support of the RNSP program. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization). FISCAL IMPACT The appropriation adjustment will recognize $1,224,850 in Equitable Sharing revenue accounts (nos. 16614002 57410 and 16714002 57410) and appropriate same to Equitable Sharing expenditure accounts (nos. 16614450 — various and 16714455 - various) for the following fiscal years: Davi�ntin � Chief of Police Santa Ana Police Department FY 2018-19 $241,037 FY 2019-20 $983,813 Total $1,224,850 APPROVED AS TO FUNDS AND ACCOUNTS: /fid w°�,m Kathryn Downs,PA(a.3� Executive Director Finance and Management Services Agency 20B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: REQUEST FOR TIME EXTENSION OF MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM FOR WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 146802) (NON -GENERAL FUND) {STRATEGIC PLAN NO 6, 1G} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ll 1 Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Public Works Agency to request a one-time, two-year time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements from Main Street to Oak Street project. DISCUSSION Warner Avenue is a regionally significant arterial roadway providing east -west travel through the City (Exhibit 1). The existing conditions between Main Street and Oak Street have several unsafe features, including uncontrolled left turns, insufficient access to standards pursuant to the Americans with Disabilities Act (ADA), and no bike lanes. Substantial congestion occurs during peak periods. It is expected that the level of service will worsen as traffic volumes increase due to the Tustin Legacy development currently under construction in the city of Tustin, along with other factors. The Warner Avenue project improvements from Main Street to Oak Street include adding sidewalks and bike lanes, undergrounding utilities, widening the roadway from the existing four lanes to six lanes. In addition to the on -street, dedicated Class II bike lanes and ADA -compliant sidewalks, the proposal includes a raised landscape median and a landscaped parkway buffer, both with drought -tolerant plants. On November 21, 2017, the City Council adopted Resolution 2017-068 (Exhibit 2) authorizing the Executive Director of Public Works to submit an application for the remainder of the required construction funding, in the amount of $4,629,750. Subsequently, the Warner Avenue project was awarded grant funding in the amount mentioned above from the Orange County Transportation Authority (OCTA) Measure M2 Comprehensive Transportation Funding Program (CTFP) for Fiscal Year 2018-19. However, the Warner Avenue project involves acquisition of 24 properties and relocation of 31 residences that must be completed before construction can begin. The Public Works Agency has made a diligent effort to negotiate and complete these acquisitions to meet the required funding timeline. To date, the City has completed the acquisition of 20 of 24 parcels and relocation of 18 of 31 residences. Staff has continued to negotiate in good faith; however, an impasse has been 21A-1 Time Extension of Measure M2 CTFP Funds for Warner Avenue Improvements Phase 1 Project March 19, 2019 Page 2 reached on several properties that require more time. The ongoing negotiations now put the schedule for award of a construction contract beyond June 30, 2019. In accordance with CTFP guidelines, the construction phase for this project must be awarded by June 30, 2019. Staff recommends that the City Council authorize the Public Works Agency to request a one-time, two-year extension of Measure M2 CTFP funding for the following project to avoid the grant award from lapsing: Additionally, the time extension will allow for increased project coordination as both Warner Phase 1 (Main to Oak) and Phase 2 (Oak to Grand) are planned for construction activities to take place during the same Fiscal Year, in addition to utility undergrounding coordination process along this corridor, which was approved by City Council October 16, 2018. In doing so, the project costs and community impacts will be minimized during construction. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT If the aforementioned time extension is not approved, $4,629,750 in Measure M2 CTFP grant funds will exp' a and the Warner Avenue project construction phase will become unfunded. The City will be obliga d identify another funding source to complete the project. P Fuad S;. eiss, PE, PLS Executive irector Public Wo ks Agency FSS/EWG/JG/KN Exhibits: 1. Location Map —Warner Avenue 2. Resolution No. 2017-068 21A-2 Resolution for Funding Board of Directors Extension Project Name Application Amount Approval / Request Programmed Fiscal Year Warner Avenue November 21, 2017 $4,629,750 June 11, 2018 Construction Improvements Res. No. 2017-068 FY 2018-19 FY 18-19 Additionally, the time extension will allow for increased project coordination as both Warner Phase 1 (Main to Oak) and Phase 2 (Oak to Grand) are planned for construction activities to take place during the same Fiscal Year, in addition to utility undergrounding coordination process along this corridor, which was approved by City Council October 16, 2018. In doing so, the project costs and community impacts will be minimized during construction. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT If the aforementioned time extension is not approved, $4,629,750 in Measure M2 CTFP grant funds will exp' a and the Warner Avenue project construction phase will become unfunded. The City will be obliga d identify another funding source to complete the project. P Fuad S;. eiss, PE, PLS Executive irector Public Wo ks Agency FSS/EWG/JG/KN Exhibits: 1. Location Map —Warner Avenue 2. Resolution No. 2017-068 21A-2 Z z M#=1 T•1aCo IT, V; r p 403.143-14 p01— 403.143-13 I �• N g !s ORANGE AV m g � 403.142.16 ; g 403.142.151 403-142-14. OPPRESS 403.141-09 403.141-08 !$TA° IDN 1/ 016.031.33 g 016-031.50 016-031.51 r 016-031.38 6 WELLS FARGO BANK I ,.._.._..`.._...1 1016.103.231 016.103.22. KILSON ®R N I �g t0 ~� e I " OAK ST ROUSSELLE T 1 '—•--r— ST 016-090.22 IDELHI PARK 016-090.21 0®6.090.2= 15 21A-4 jmf 10/19/17 RESOLUTION NO. 2017-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE TRANSPORTATION PROGRAM BE 1T 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. The City of Santa Ana desires to implement the transportation improvements listed below. B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 "Fair Share" funds. C. The City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways. D. The City of Santa Ana will provide matching funds for each project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines. E. The Orange County Transportation Authority intends to allocate funds for transportation improvement projects within the incorporated cities and the County. F. The City of Santa Ana will not use Measure M2 funds to supplant Developer Fees or other commitments. G. The City of Santa Ana will use Arterial Highway Rehabilitation Funding as a supplement to the existing pavement management program. H. The City of Santa Ana will include all projects funded by M2 Net Revenues in its seven-year Capital Improvement Program, as part of the Measure M2 Ordinance eligibility requirements. Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Resolution No. 2017-068 "A ws Page 1 of 3 Transportation Authority 'for funding under the OCTA's Comprehensive Transportation Funding Program and requests that the OCTA allocate funds in the amounts specified in the City's submissions. Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in the improvement of the following street(s). "RCP" shall mean Regional Capacity Program, and "RTSSP" shall mean Regional Traffic Signal Synchronization Program. PROJECT PROGRAM FY Warner Ave. Improvements: Main St. to Oak St. RCP 18/19 Warner Ave. Improvements: Oak St. to Standard Ave. RCP 18/19 Warner Ave. Improvements: Standard Ave. to Grand Ave. RCP 18/19 Main St. Corridor Traffic Signal Synchronization RTSSP 18/19 Garden Grove Blvd./Memory Ln, Corridor Traffic RTSSP 18/19 Signal Synchronization Section 33. The City of Santa Ana authorizes a formal amendment to the seven- year Capital Improvement Program to add projects approved for Measure M2 funding upon approval from the Orange County Transportation Authority Board of Directors. Section 4. The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and.the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 21St day of November, 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Assistant City Attorney Resolution No. 2018.058 Page 2 of 3 21A-6 jmf 10/19/17 AYES: Councilmembers Benavides Martinez Pulido Sarmiento Solorio, Tinaiero, Villegas (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None 0 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No, 2017-068 to be the original resolution adopted by the City Council of the City of Santa Ana on November 21, 2017. Date: _ l� 0 °/ l ig C -A 1441A ... Maria D. Huizar 61 Clerk of the Council City of Santa Ana Resolution No. 2017-068 21A-7 Page 3 of 3 21A-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVE CONTRACT AMENDMENT WITH ORANGE COUNTY STRIPING SERVICE, INC., FOR TRAFFIC LINE PAINTING AND TRAFFIC SIGN MAINTENANCE BY $460,000; AND AMEND THE TWO REMAINING RENEWALS BY $250,000 (SPECIFICATION NO. 16-075) (STRATEGIC PLAN NO. 6, 1C) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s'Reading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Amend the amount of the existing contract with Orange County Striping Services, Inc., for traffic line painting and sign maintenance by $460,000, for a new total annual not -to -exceed amount of $983,000 for the term expiring July 30, 2019, and amend the amount for the two remaining years by $250,000, for a new total annual amount not to exceed $773,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION The Roadway Marking and Signs section of the Public Works Agency maintains approximately 400 miles of streets within the City of Santa Ana. In order to maintain a high quality of safe streets, contract services are required for the installation and removal of traffic striping, pavement markings, curb markings, and raised pavement markers, as well as the installation, removal and relocation of traffic signs. Additional funding has become available and a citywide restriping maintenance effort is proposed to improve areas in need of roadway visibility and safety for Santa Ana motorists, bicyclists and pedestrians. This effort will improve the safe and efficient flow of vehicles on all city streets by having a high visibility traffic lane system, increasing the shared roadway use among motorists, pedestrians and cyclists. This will also include the standardization and replacement of faded street signs with retroreflective signs that increase their nighttime visibility, and are in compliance with the Federal Manual on Uniform Traffic Control Devices (MUTCD). On August 2, 2016, the Santa Ana City Council awarded a one-year contract with provisions for four one-year renewals to Orange County Striping Services, Inc., in an annual amount not to exceed $523,000. As a result of the above mentioned activities, the annual not -to -exceed amount allocated to the Public Works Agency in the original contract will be exceeded. Upon evaluating 22A-1 Contract Amendment for Traffic Line Painting and Traffic Sign Maintenance March 19, 2019 Page 2 the City's options to complete the additional activities, staff recommends an amendment to the current contract. The existing contract includes the scope of work for the additional services (Exhibit 1). Moreover, Orange County Striping Service, Inc., has held the same pricing since the inception of the contract, two and a half years ago. Going through a new solicitation process would not only delay restriping areas that are in need, it may also result in higher pricing. As such, staff recommends approval of the recommended action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds in the amount of $460,000 are available in FY 2018-19 (April — June 2019) Public Works accounts as follows: Fund Description Account No. FY 2018-19 Gas Tax — Roadway Maintenance 02917660-62300 $250,000 Gas Tax — SBI (Project 18-6922) 05917667-66220 $210,000 Gas Tax — Roadway Maintenance TOTAL $460,000 Future years' proposed budgets will include allocations as follows: Fund Description Account No. Anticipated Expenditures FY 2019-20 (12 -months) FY 2020-21 12 -months) Pub Wks -Roadway Marking/Signs 01117625-62300 $523,000 $523,000 Gas Tax — Roadway Maintenance 02917660-62300 $250,000 $250,000 FSS/PG/SM Exhibits: 1. Bid Abstract 2. Purchase Order Contract APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs', CPA 4-'l 3 Executive Director � r1 Finance and Management Services Agency 22A-2 EXHIBIT 1 ITEM FOR BID16-75 (8102116) BID RESULTS COMPANY BASE BID AMOUNT ORANGE COUNTY STRIPING SERVICE, INC. ORANGE, CA $538,487 BC RENTALS (ORANGE CA) $626,700 CHRISP COMPANY FREMONT, CA $821,180 ORANGE COUNTY STRIPING SERVICE, INC. (ORANGE, CA) CITY OF SANTA ANA TRAFFIC LINE 6TRIPINQ ANIS SIGN MAINTENAN04 IPS 16.070 PRICING The undersigned declares that he/she has carefully examined the specification, and read the aeeompanyi instruction to bidders, and hereby proposes to do all the work required to complete the saidwork in acoordan with said specifications and special provisions for the unit price(s) or lump sum(s) set forth In the followli schedule. LISTED QUANTITIES ARE FOR EVAULAT*N PURPOSES AND MAY VARY FROM THE F0 FIELD QUANTITIES. ^T RQUTENE MAINTENANCR RrPaErAeu (SRreTrr�_�Rc�n-- ITEM BID ITEM 06ANTITY UQM UNIT PRICE AMOUNT 1 7 2 ... 4 Install 4" Solid Lino 1 x,000 mm 4 2gq,000 1 200 X00 _ _ 250 000. 2007 000 90q. 1 ____-_ 100,000 5,000 � 95,000 120. t,S00 - 00 0,000 50 1,036 V 20 _..�. 1,000 500 LF LFm �e LF LFPo LF LF'_ LP LF lr^ LF EA —Par Lane EA CA CA tF EA SF LF ^si '6-k^7 � (� O Oq CJ , —'� F ®�b 5 p� V6 to l21 17 -el /A I- -o v�r r� }r.•�,, M1v r Install4" Lane tine Per SA Detalj t or &6 17etali F Install 4' Doubfe Yellow lana Lima or SA Deiall r, _ ,stall ..... ...,..e..,-,�,.T m.,_.m... Install 4"Two Way Left Turn Lane Per SA Detail 5 ` Install 9' White Turn Lana Line Per -SA 2 Install 4" Lana 11, no Exten,.lon (Stripe) Per SA Detail Install 8" White Elke Lane Line Per Caltrans Detail 1g & &OA Install 12" Crosswalk and Linrit Lines (Whits or Yellow) �.'r_o.P 3 N _ Install 8 Laca prop Per SA Detail 3 paint Malian Curb/Medlin Nases S B T 8 B 10 I i 12 Install Pavement Arrows (Caltrans Type VII, 191 -„ Install Pavement Arrows (Caltrans Type I, 90' erTypa Install RR Legend &Markings (except signs) Per SA Plan 1125D *. Install Legend Letters (8' High) Install Speed Hump Chevron Marking Per $A Bid2Q plan 1131 13 14 15 16 17 Install Rii<e Lana Legend/Symbols ..,. _ hiatal! Doubfe Stripe Parking Stalls{ Install Handicap Symbols 18 19 20 Wet Sandblasting Slury Seal wq _ .. RAISED PAVEMENT MARKERS (RPM) ITEM RID ITEM L�IQUANTITY UOM UNIT �. AMOUNT PRICE 2'1 Install Type A or AY Non Reflective RPM's EA22 Install Typa C,D or t31ua 2•Way Retl�ctiva REA ..JA�.1 u) .. 23 Install Type G or N 1 -Way Reflective RPM's 200 EA L 24 Lo Remove Raised Pavement Marker 200 EA�cI 2, /�/'� —/ti SIGNS & POSTS `�-- I Sat.51S1a i1 ITEM BID ITEM QUANTITY �UOM UNIT AMOUNT .r PRICE_ 25 Install sign post (P to 10 u ' ) 20(7 25 Install sign post favor 10) 4p EA t call 27Install sign on post or street light app EA ^ ISIS h 28 Install Wga on signal mast arm or post over 15' high EA Lim l l (second level signs) at ane location 100 0 Installs ­aim 29 jg t on signal mast topost over high 50 EA (second level signs) at multiple locations 50 A -D 3o Install rnu tl le signs on signal mast arm or post over 50 EA h 15` high (second) at ons location . r �1 V 31 InstallUbi le signs on signal mast arm or post ever EA 15' high (second level signs) at W ti lei locations a0 M! u Remove and Install i a signs on signal mast arm ry --EA— l/ 32 or post over 98' high (second level signs) at atte 5o location S 33 Install Flexible Type K Marker _p 3A Remove sign only w 200 EA d 35 EA � Ott Remove post 100 � .._,,.._....-..�...� ._,,,. 35 Romova post with conoreto anohor bacsc In parkway 1 QO EA 87 Remove post In parkway with concrete to 5=inches 50 below grade Y 4�� 38 Furnish signs LS LS $64,000 r _39 EmergencyCail-QutfoeK'..'Lr /R cSLS g✓;�E�� _ � 0. Qr' T � R� TO" AL BAS 133 (Items 1 thru 39); tNC1T�: THE Ci".3NTftRCT klW�F317 WPLC �' A �EkO 30oW i" F T®'%AL B�S� BlL7 dtJLY. 22A-4 BC RENTALS (ORANGE CA) CITY OF SANTA ANA TRAFFIC LINE STRIPING AND SIGN MAINTENANCE BFB 16-075 PRICING The undersigned declares that he/she has carefully examined the specification, and read the accompanying instruction to bidders, and hereby proposes to do all the work required to complete the said work in accordance with said specifications and special provisions for the unit price(s) or lump Sum(s) set forth in the following schedule. LISTED QUANTITIES ARE FOR EVAULATION PURPOSES AND MAY VARY FROM THE FINAL FIELD QUANTITIES. ROUTINE MAINTENANCE — STRIPING (WATER-BASED PAINT) ITEM BID ITEM QUANTITY UOM UNIT PRICE AMOUNT 1 Install 4" Solid Line 15,000 LF — 2 Install 4" Lane Line Per SA Detail 1 or SA Detail 6 _ 1,200,000 LF 05" fes} 3 Install 4" Double Yellow Lane Line Per SA Detail 4 200,500 LF I'Sa �� ' 4 Install 4" Two Way Left Turn Lane Per SA Detail 5 250,000 LF 12, SV Wo 5 Install 8" White Turn Lane Line Per SA Detail 2 200,000 LF 6 Install 4" Lane Line Extension (Stripe) Per SA Detail 8 300 LF x (S 7 Install 6" White Bike Lane Line Per Caltrans Detail 39 10,000 LF & 39A (i3�Ci fr�3 8 -- Install 12" Crosswalk and Limit Lines (White or Yellow) 190,000 LF 9 nstall 8" Lane DropPer SA Detail 3 5,000 LF u) a� ( 410Mnt Median Curb/Median Noses — 35,000 LF _ YS_ ep 7D 11"rr} Install Pavement Arrows (Caltrans Type VII; 13') 120 LF IP LL Install Pavement Arrows (Caltrans Type 1, 10' or Type 2,500 EA i "° F12 IV, 8') H } 9-'013 Install RR Legend & Markings (except signs) Per SA 90 Per ')g Plan 1125D Lane IW3 14 Install Legend Letters (8' High) _ 9,000 EA E j _�zrtAk?.4 15 Install Speed Hump Chevron Marking Per SA Std 20 EA �7 Plan 1131 �b } 16 Install Bike Lane Legend/Symbols 50 EA? IZca 17 Install Double Stripe Parking Stalls 1,000 LF 18 Install Handicap Symbols 20 EA 19 Wet Sandblasting 1,000 SIF 2 0 ? ` 20 Slury Seal 500 LF RAISED PAVEMENT MARKERS (RPM) ITEM BID ITEM QUANTITY UOM UNIT PRICE AMOUNT 21 Install Type A or AY Non Reflective RPM's 400 EAI;jCC 22 Install Type C,D or Blue 2 -Way Reflective RPM's 500 EA- [ r} 22A-5 23 Install Type G or H 1-WayReflective RPM's 200 EA d r 24 Remove Raised Pavement Marker 200 EA 4 u 71,10 SIGNS & POSTS ITEM BID ITEM QUANTITY UOM UNIT PRICE AMOUNT 25 _ Install sign post (up to 10') 200 EA fi e^ 2e, 26 Install sign post (over 10') 40 EA 27 Install sign on post or street light 300 EA qD ( lox 28 Install sign on signal mast ann or post over 16' high 100 EA D ub (second level signs) at one location' r 29 Install sign on signal mast arm or post over 16' high 50 EA joo- LC1 `? (second level signs) at mul le locations _ 30 Install multiple signs on signal mast arm or post over _ 50 EA � �brci 16' high (second level signs) at one location 31 Install multiple signs on signal mast arm or post over 50 EACs 16' high (second level signs) at multi le locations / Remove and Install multiple signs on signal mast arm EA 32 or post over 16' high (second level signs) at one 50 (o location lux) 33 Install Flexible Type K Marker 50 EA 99 I 34 Remove sign only 2p0 EAQ 35 Remove post 100 EA i0 "%r4-(0 36 Remove post with concrete anchor base in parkway 100 EA s 1 �� 37 Remove post in parkway with concrete to 6-inches 50 EA I' below grade 38 Furnish signs LS LS ----------- $60,000 39 Emergency Call-Out (Repair/Replace Sign/Post) 10 EA MbkO Wo OTAL BASE BID (Items 1 thru 39): $ t' OTE: THE CONTRACT AWARD WILL BE BASED ON THE TOTAL BASE BID ONLY. 22A-6 CHIRISP COMPANY (FREMONT, CA) CITY OF SANTA ANA TRAFFIC LINE STRIPING; AND SIGN MAINTENANCEHRP COMPANY IFB 16.075 R 0. BOX 136€ FRI;P ONT, CA. PRICING The undersigned declares that he/she has carefully examined the specification, and read the accompanying instruction to bidders, and hereby proposes to do all the work required to complete the said work in accordance with said specifications and special provisions for the unit price(s) or lump sum(s) set forth in the following schedule. LISTED QUANTITIES ARE FOR EVAULATION PURPOSES AND MAY VARY FROM THE FINAL FIELD QUANTITIES. ROUTINE MAINTENANCE -- STRIPING (WATER-BASED PAINT) ITEM BID ITEM QUANTITY UOM UNIT PRIGE AMOUNT 1 Install 4" Solid Line 15,000 LF Joe Jit . 2 Install 4" Lane Line Per SA Detail 1 or SA Detail 6 1,200,000 LF 3 Install 4" Double Yellow Lane Line Per SA Detail 4 200,500 LF ((, 3� 090, 99 4 _ Install 4" Two Way Left Tum Lane Per SA Detail 5 250,000 LF / .610 5 Install 8" White Turn Lane Line Per SA Detail 2 200,000 LF m( 6 Install 4" Lane Line Extension (Stripe) Per SA Detail 8 300 LF D p 7 Install 6" While Bike Lane Line Por Caltrans Detail 39 & 39A — 10,000 LF 1700 8 Install 12" Crosswalk and Limit Lines (White or Yellow) 190,000 LF J - - It 9 10 Install 8" Lane Drop Per $A Detail 3 Paint Median Curb/Median Noses 5,000 35,000 LF LF -Ve 35-,000 Ix 11 12 install Pavement Arrows (Caltrans Type VII, IT) Install Pavement Arrows (Caltrans Type I, 1O'er Type 120 2,500 LF EA aur Cam" 13 Install RR Legend & Markings (except signs) Per SA Plan 1125D 90 Per Lane 70, 14 15 Install Legend Letters (8' High) Install Speed Hump Chevron Marling Per SA Std Plan '1131 9,000 20 EA EA �. ur. 0oo° 16 Install Bike Lane Legend/Symbols 50 EA g f 17 Install Double Stripe Parking Stalls 1,000 LF(} VOL-. 40 18 Install Handicap Symbols 20 EA 51 19 Wet Sandblasting 1,000 SF J. 1 20 _ Story Seal 500 LF _ (j,' P'_ RAISED PAVEMENT MARKERS (RPM) ITEM BID ITEM' QUANTITYUOM UNIT PRICE AMOUNT 21 Install Type A or AY Non Reflective RPM's 400 EA 22 Install Type C,D or Blue 2 -Way Reflective RPM's _ 500 EA�o 23 Install Type G or H 1 -Way Reflective RPM's 200 EA .3. CO - 24 Remove Raised Pavement Marker 200 EA 7, 11�1- e�Q, ------..___ SIGNS & POSTS ITEM BID ITEM QUANTITY UOM UNIT PRICE AMOUNT 25 Install sign post (up to 10') 200 EA jl °} 26 Install sign post (over 10') 40 EA ° q, t 27 Install sign on post or street light 300 EA a 00.01 28 Install k[ n on signal mast arm or past over 16' high (second level signs) at one location 100 EA a ,yy� b 29 Install sign on signal mast arm or post over 16' high (second level signs) at multi le locations 0} EA 30 Install mu ti le signs on signal mast arm or post over 16' high level location 50 EA (second signs) at one 31 Install multiple signs on signal mast turn or post over 16' high level locations 50 EA �tdr (second signs) at multiple 32 Remove and Install multiple signs on signal mast arm or post over 16' high (second level signs) at one 50 EA �} location tl 33 Install Flexible Type K Marker 50 EA }, 14, 34 Remove sign only 200 EA 35 Remove post 100 EA 36 Remove post with concrete anchor base in parkway 100 EA 37 Remove post in parkway with concrete to 6 -Inches 50 — EA �20',• below grade 38 Furnish signs LS I_S ........ $60,000 39 Emergency Call-Out(Repair/Replace Sign/Post) 10 EA TOTAL BASE BIN} (Items 1 thru 39): $ r7 { NOTE: THE CONTRACT AWARD WILL BE BASED ON THE TOTAL BASE B1D ONLY, � 22A-8 EXHIBIT 2 ITEM FOR BID16-75 PURCHASE ORDER CONTRACT CITY OF SANTA ANA qui. FINANCE & MANAGEMENT �w SERVICES AGENCY ( � y' PURCHASE ORDER CONTRACT .5285-1 SHOW NUMBER ON ALL PACKAGES, INVOICES AND RELATED DOCUMENTS Vendor 55791 _' Estimated N/A—��— °B DESTINATION EtfectiveDate 08/01/2018 OstiDate J Source of Blanket Terme quotation IFB16-075 End Date 07/30/2019 NET 30 V ORANGE COUNTY STRIPING SERVICE INC E 183 N PIXLEY ST N 0 ORANGE CA 92868 0 R PHONE: (714)639.4550 MAIL INVOICES TO: CITY OF SANTA ANA ACCOUNTS PAYABLE M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EMAILINVOICESTO; PURCHASING_AP@santa-ana.org BLANKET ORDER CONTRACT FOR: ROADWAYSTRIPING MARKINGS& TRAFFIC SIGN MAINTENANCE CONTRACTOR IS RESPONSIBLE FOR MEETING ALL REQUIREMENTS, TERMS AND CONDITIONS OF BID SPEC. 16-075, INCORPORATED HEREIN BY REFERENCE. CONTRACT TERM: 08/01/2018-07/30/2019 2N0 RENEWAL OPTION. TWO ONE-YEAR RENEWAL OPTIONS AVAILABLE UPON MUTUAL AGREEMENT, PRICING: PER RENEWAL LETTER DATED 07/16/18, WORMS SUBJECT TO PREVAILING WAGE PROVISIONS UNDER CALIFORNIA STATE LABOR LAW CODE. .PROJECTS WILL BE SUBJECT TO COMPLIANCE MONITORING AND ENFORCEMENT BY THE DEPARTMENT OF INDUSTRIAL RELATIONS CONTRACTOR DIR NUMBER: 1000005547 CERTIFICATE OF INSURANCE: EXPIRES 06/01/19 CITY CONTACT: BAOMINH NGUYEN, (714) 647-3303 APPROVED BY CITY COUNCIL AUGUST 2, 2016, ITEM 22B. APPROVED AS TO FORM: T. CITY ATTORNEY VENDOR BILLING INSTRUCTIONS; 1. Invoice the City of Santa Ana and mail to: CITY OF SANTA ANA PURCHASING DIV. M-16. 20 CIVIC CENTER PLAZA, SANTA ANA, CA 92701 2. Invoices must reference the purchase order number showing quantities, description, units and unit price. 3. Freight charges, when authorized, shall be prepaid and added to the invoice as a separate item. 4. OUT OF STATE VENDOR: California seller's permit or Certificate of Registration - Use Tax, is required to collect tax, otherwise the city will Day direct. LN�kKelz b^K111113 1 22A-9 ANNUAL AMOUNT NTE: $523,000 Buve, , STEPHANIE MARTINEZ (REQUIRED IF OVER 56.000) 22A-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: AWARD CONTRACT TO C3 TECHNOLOGY SERVICES FOR SHARP COPIERS ($900,000) (SPECIFICATION NO. 19-013) (STRATEGIC PLAN NO. 6,1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to C3 Technology Services for sharp copiers for a four-year period expiring February 28, 2023, in the amount of $700,000, plus a contingency of $200,000, for a total amount not exceed $900,000, subject to non -substantive changes approved by the City Manager and City Attorney. The City of Santa Ana utilizes multifunction printers (MFPs), more commonly referred to as "copiers," throughout the organization to facilitate daily operations. These MFPs have the ability to copy, print, and fax. The City currently owns 90 Sharp MFPs and rents two. The majority of these MFPs were leased between 2012 and 2015 in multiple phases. The leases were eventually consolidated into one lease that was completely paid off in 2018, at which time the City owned the 90 MFPs outright. In an effort to reduce costs, the City has been strategically decreasing the number of stand-alone printers it uses and relying more on shared MFPs. The cost to print is much less on an MFP than on a stand-alone/network printer, thus allowing the City to reduce expenditures. The City now has approximately 150 stand-alone/network printers — down from 500 in 2012. The useful lifespan of an MFP varies depending on usage and maintenance. The lifespan can be as low as two to three years for a very heavily used device; however, in general the accepted lifespan for a typical floor - standing MFP used regularly is five years. Once the useful life has been exceeded, the copier will begin to experience frequent malfunctions, and eventually poor print quality. With the majority of the City's fleet of MFPs nearing their end of useful life, there has been an increase in service calls, particularly with the older and more heavily used machines. The Information Technology Department has established a plan to begin replacing the City's MFPs. Replacements will take place over the next three to four years in a series of phases, beginning with the devices experiencing the most malfunctions. Establishing a replacement contract for MFPs will allow the City to purchase and replacement on an as -needed basis. 2213-1 Contract Award for Sharp Copiers March 19, 2019 Page 2 On June 23, 2016, C3 Technology Services ("C3") was awarded an agreement for managed print services as a result of a Request for Proposal (RFP) process. Through the agreement, C3 assisted the City in achieving a cost savings via the implementation of the Managed Print Services Program. The program includes consulting on copier placement throughout the organization to achieve optimal usage, consolidation of printers to one MFP where possible, on-going staff training and toner inventory. C3 has been a pivotal partner for the City in providing a Managed Print Services Program that has not only reduced costs, but has created an efficiency amongst the copier equipment, and Information Technology staff. Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. C3 Technology Services is an authorized Sharp dealer offering the Sourcewell national cooperative contract for Sharp copiers and the contract was awarded as a result of open, competitive bidding conducted by the Sourcewell cooperative on behalf of all governmental and public agencies, and meets the City's requirement. Additionally, C3 is a local City of Santa Ana business. Utilizing the Sourcewell cooperative contract allows the City to obtain nationally leveraged volume pricing on the full line of Sharp MFPs. STRATEGIC PLAN ALIGNMENT Approval of this item supports City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). FISCAL IMPACT The estimated cost to eventually replace all of the MFPs the City currently now owns/uses over the next four years would be approximately $700,000. It is also acknowledged that requests may arise that will mean adding new MFPs in addition to simply replacing existing machines. An additional $200,000 has been added to the agreement for as -needed, new requests. The Information Technology Department will acquire MFPs using available budget in the Technology & Support Services' Internal Service Fund, Machinery and Equipment account (No. 10920148-66400), and will then be reimbursed by the requesting department through a multi-year chargeback from that department's operating budget. JacCiulla Chi f Technology Innovations Officer Information Technology Department EG/JC APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downg, CPA Do Executive Director Finance and Management Services Agency 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS (STRATEGIC PLAN NOS. 5,2; 5,3) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /FANMiI1Lq�, ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Property Address/House Vote by HRC Preservation Agmt. No. Chad De Costa and Elisabetta 2018-02 1721 North Bush Street 7:0 (Rush & Siccardi Contreras -Leo absent Victoria A. Betancourt 2018-03 810 North French Street 7:0 (Rush & Contreras -Leo absent Spurgeon DTOC, LLC and 2018-04 202-208 West Fourth 7:0 (Rush & KOA Investments, LLC Street and 318-320 North Contreras -Leo Sycamore Street absent) HISTORIC RESOURCES COMMISSION ACTION On January 24, 2019, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction whereby property owners agree to 25A-1 Historic Property Preservation Agreements March 19, 2019 Page 2 reinvest the tax savings towards the maintenance of the historic property (Exhibit 1). Additionally, the agreement prevents inappropriate alterations to the historic structures (Exhibits 2-4). The historic structures under consideration for approval of a Mills Act Contract include the following: The Drips House — An existing one-story Craftsman Bungalow style residence that is approximately 1,589 square feet in size with a detached garage. The home was added to the Santa Ana Register of Historical Properties in 2001 and categorized as "Key." The Crookshank House — An existing two-story Colonial Revival style residence that is approximately 2,708 square feet in size. The home was listed in the National Register of Historic Places in 1999, as a contributor to the French Park Historic District, and added to the Santa Ana Register of Historical Properties in 2000 and categorized as "Landmark." The Spurgeon Building — An existing four-story Commercial style commercial building that is approximately 54,400 square feet in size. The building was individually listed in the National Register of Historic Places in 1980 and listed again in 1984 as a contributor to the Downtown Historic District. In addition, it was added to the Santa Ana Register of Historical Properties in 2001 and categorized as "Landmark." ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. ER -2018-126, ER -2018-132, and ER -2018-133 will be filed for this project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $4,508.85 annually noted below, for a period of not less than ten years. 25A-2 Historic Property Preservation Agreements March 19, 2019 Page 3 HPPA No. Address Estimate Exhibit No. 2018-02 1721 North Bush Street $660.91 2 2018-03 810 North French Street $757.05 3 2018-04 202-208 West Fourth Street and 318-320 North Sycamore Street $3,090.89 4 Total for All Properties: $4,508.85 d Minh Thai Executive Director Planning and Building Agency PG:Ia S:RFCA\3-19-19\PBA Historic Prop Preservation Mills Act Agmt 3-19-19 APPROVED AS TO FUNDS AND ACCOUNTS: K htaK yn Downs, CPA / (25 A) Executive Director Finance and Management Services Agency Exhibits: 1. Mills Act Agreement Template 2. Historic Resources Commission Staff Report — 1721 North Bush Street 3. Historic Resources Commission Staff Report — 810 North French Street 4. Historic Resources Commission Staff Report — 202-208 West Fourth Street and 318-320 North Sycamore Street 25A-3 25A-4 EXHIBIT 1 AULLS ACT AGRE&VENT /Address/ Sawa Ana, CA 9290 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana (M-30) P.O. Box 1988 Santa. Area, CA 92702 Attn: Cleric ofthe Council FREE' RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Narne] (hereinafter referred to as "Owner"), owners of real property located at [Addressi. Santa Ana. California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the `Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at [Addrpml, Santa Ana, CA, 927OX and more particularly described in Exhibit A, attached hereto and incorporated herein by reverence, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the cotmnturity; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in all exemplary manner. E. The Owner and the City intend to carry out the purposes of California Goverrurrent Code, Chapter 1, Part 5 of Division I of Title 5, Article '12, Section 50280 et seq., which will enable the Historie Property to quality for all assessment 25A-5 MILLS ACTAGREEMENT /Addressl Sana Ann, CA 9270 of valuation as a restricted historical property pursuant to Article 1,9, Sec. 439 et seq., Chapter 3 Pant 2 of Division I of the California Tax and Revenue Code, NOW, THEREFORE, the City of Santa Ana and the Owner of the historic Property agree as follows: Effective Date and Terms of Agreement. _-. __ _ .. _------.__T1tis�greet��ent~shdll..be effectiveansl��tnu�enc�ott._[1�ate1,_ai�_sltall-re�naizt,.,itt-effect.._.- _ for a terns of ten (10) years thereafter, Each year, upon the anniversary of tine effective date of this Agreement, such initial terns will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall autoniatieally be added to the initial tett (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the aminal renewal date, one (1) year shall automatically be added to the tern of the Agreement as provided herein, C. Within 30 clays from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then retraining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Department of Parks and Recreation Primary Record" attached hereto as Exhibit C, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the -2- 25A-6 M/LLSACTAGREEMENT /Addresv/ Santo Ann, (A 9270_ State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto as Exhibit B, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to - --prevent the viewing of the historiclandmarkby the public. -- - - - d. The following are prohibited; demolition of the Historic Property or destruction of character defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the which may be necessary or advisable to determine this Agreement. S. Cancellation. City with any and all information requested compliance with the terms and provisions of a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. 3- 25A-7 MILLS ACTAGREEMENT jAddress] .Saha Ana, CA 9270 b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster, C, If the Historic Property is acquired by crainent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and -no -foo -imposed, as specified in Government-Code-S,ection 502$8. -_ G. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default mider this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at jadgresd, Assessor Parcel Number [Number], and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations -4- 25A-8 1,l /IU.S ACT AGRFFMFNT /Address) Srudn Ana, CA 9270 expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will ,accrue to -the -Owner as a_result of -the effect -uponthe_ assessed_ value o£ the property .on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa. Arta, CA 92702 Attn: Cleric of the Council Owner: [Nante(s)] [Address] Santa Ana, CA 9270 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, 1101, shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. -5. 25A-9 MILLSACTAGREEMENT (Address/ Santa Ana, CA 9170 d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may revover.all reasonable attp ney's:Fees to be l xed by the court, in addition to court costs. and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall. not be effected thereby. g, This Agreement shall be construed and governed in accordance with the laws of the State of California, 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14, Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature Page Follows} -6- 25A-10 ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA CARVALHO City Attorney LISA STORCK Assistant City Attorney OWNER: Date: MILLS ACT AGREENIENT [Address] Santa Ana, CA .9270 CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Date: By: -7- 25A-11 MILLSACTAGREEMENT /Address] Snrrta Ana, CA 9270 EXHIBPI' A LEGAL DESCRIPTION Assessor's Parcel Number: -8- 25A-12 MILLS ACT AGREEMENT /Address/ Santa Arm, CA 9270 Exhibit B Exterior work shall be reviewed by the /-historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and .its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its envirounent shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures„ and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its enviromnent. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with -9- 25A-13 MILLSACTAGREEMENT /Address] Santa Ana, CA 9270 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a mamaer that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 25A-14 dl/LLS ACT AGKF.EWNT 1114 1111" $ V1 Sunni Ana, CA 9270 EXHIBIT C Department of Parks and Recreation Primary Record for Property -II- 25A-15 25A-16 REQUEST F R Historic Resources Commission Action HISTORIC RESWRCES COMNISSM MEUNG DATE: JANUARY 24, 2019 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2018-02 (MILLS ACT) FOR THE PROPERTY LOCATED AT 1721 NORTH BUSH STREET {STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Pedro Gomez APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manager 4L;W)1Tih14c Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Chad De Costa and Elisabetta Siccardi for the property located at 1721 North Bush Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Request of Applicant Chad De Costa and Elisabetta Siccardi are requesting approval to execute a Mills Act agreement with the City of Santa Ana at an existing residence located at 1721 North Bush Street that is currently listed on the Santa Ana Register of Historical Properties. Prosect Location and Site Description The subject property, known as the Drips House, consists of an existing one-story Craftsman Bungalow style residence that is approximately 1,589 square feet in size with a detached garage on a 7,100 -square -foot residential lot (Exhibit 2). The home was added to the Santa Ana Register of Historical Properties in 2001 and categorized as "Key." Analysis of the Issues Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 1). The property is listed on the Santa Ana Register of Historical Properties and categorized as Key, making it eligible for a Mills Act agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: 25A-17 HPPA No. 2018-02 January 24, 2019 Page 2 • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional Incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2001, the Historic Resources Commission adopted Resolution No. 2001-33 approving Historic Register Categorization No. 2001-121 to place the Drips House on the historical register and within the Key category. Character -defining features of the Drips House that were determined to be architecturally significant included: roof configuration and treatment (exposed, shaped rafter tails, bargeboards, braces, and dormer), original materials and finishes, open porch configuration and detailing, and original doors and windows. The Drips House qualified for listing under Criterion 1 of Sec. 30-2, of the Santa Ana Municipal Code (SAMC), in that it embodied the "distinguishing characteristics of an architectural style or period." Additionally, the house was categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Craftsman style. The property has no identified unauthorized modifications. Upon consideration of the application, It is recommended that the City enter into a Historic Property Preservation Agreement.. GEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER -2018-132 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No, 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). PG:sb WHRC1201811-24.1811721 N. Bush Street (Drips House) \1721 N Bush Street— Staff Report Exhibits 1 - Mills Act Agreement 2 - 500' Radius Map 25A-18 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Chad De Costa and Elisabetta Siceardi, (hereinafter collectively referred to as "Owner"), owners of real property located at 1721 North Bush Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1721 North Bush Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 25A-19 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on February 19, 2019, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the tern then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. 25A-20 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 Yz) percent by Government Code Section 50286) of the current fair market value of the 25A-21 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1721 North Bush Street, Assessor Parcel Number, 003-121-28, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, 25A-22 delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instnunent. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the accoimt of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Cleric of the Council Owners: Chad De Costa and Elisabetta Siccardi 1721 North Bush Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the 25A-23 operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows) 25A-24 ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager [111,101 011:7 Date: CHAD DE COSTA Date: By: ELISABETTA SICCARDI APPROVED AS TO FORM: SONIA CARVALHO City Attorney Bv: LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 25A-25 EXHIBIT A LEGAL DESCRIPTION LOT 2 OF BUSH STREET TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 35, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 003-141-28 25A-26 NAME Drips House REF. NO. 34 ADDRESS 1721 North Bush Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1912 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Santa Ana Triangle NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 1 5S1 Location: ❑ Not for Publication Z Unrestricted USGS 7.5" Quad Date: T R 'A of /4 of Sec B.M. ❑ Prehistoric 0 Historic ❑ Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low-pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. cuo\historie\templates\nush N t921 (Drips House) 10/17/Ot 25A-27 (Construction data, alterations, and date of alterations) June 17, 1929. Private garage. April 11, 1933. Rebuild chimney. June 11, 1991. Fire damage, reframe and recover roof (composition). November 12, 1991. Repair floor and porch. RELATED FEATURES: (Other important features such as basis, sheds, fences, prominent or unusual trees, or landscape) None. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) This one and a half -story residence is an example of the side gable variant of the Craftsman bungalow. Of moderate pitch, the gable is accented by a shed -roofed dormer centered on the fagade. Roof treatment includes exposed rafters with notched tails in the eaves and exposed knee braces in the gable ends. Medium width lap siding sheathes the house. Spanning most of the fagade, a recessed porch is enclosed by a brick porch wall. Short, elephantine posts on brick pedestals define three unevenly sized bays. Brick was also used for the porch stair walls and for a chimney attached to the south elevation. The entry features a battered surround with an extended lintel. Similarly framed, windows banded by transoms divided into small rectangular lights are located to either side of the entry. The property also contains a garage, constructed many years after the house. HISTORIC HIGHLIGHTS: This house was built by Harry P. Drips. and May West Drips in 1912. Harry Drips's father, William Drips, was a contractor, responsible for the building of Layman's Castle and the first brick building in Santa Ana, the Gilmacher Block.'A carpenter at Griffin Lumber and Mill, Harry joined his father in the construction business and together they built many churches and schools in the Newport and Tustin area. The Drips family, whose original name was Seldon, had come to America from Scotland. It is said that while fleeing religious persecution they had hidden in a cave and survived by drinking water that dripped from the rocks, and they decided to change their name as a consequence (Santa Ana Historical Preservation Society Newsletter). May West Drips was the daughter of pioneer Santa Ana resident C. Z. West, who operated the Waffle and West Livery Stable. West Street (now Broadway) was named after her grandfather, Captain John West. The couple married in 1894 and raised three daughters. Their son-in-law, James B. Utt, served in the United States Congress for over 20 years. Harry Drips died in 1940. May Drips continued to live in the house for several more years. Damaged by fire in 1991, the house was restored by Gary Green and presented with the Santa Ana Historical Preservation Society Award in 1992. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) HP2. Single-family Property Page 2 of 4 cnohistoric\templates\Bush N 1721 (Drips House) 10/17/01 25A-28 ® Building ❑ Structure ❑ Object ❑ Site ❑ District ❑ Element of District ❑ Other MOVED? ® No ❑ Yes ❑ Unknown Date: Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Santa Ana continued to grow steadily, surviving an economic downturn in the 1890s and gaining momentum in the first decade of the 20a' century. The older neighborhoods closest to the downtown commercial district and to the churches, clubs, and institutions began to be filled up, and homebuilders looked elsewhere for land. This trend outward from the City's historic core was symbolized by the construction of Santa Ana High School on Main Street at Tenth Street in 1900 (demolished in the 1940s to make way for the new Buffum's Department Store). The Drips House is one of a cluster of homes from the first decades of the 20s' century that have survived on the 1700 block of North Bush Street, north of the older French Park neighborhood. It is architecturally significant as a representative example of the Craftsman style. Characteristic features incorporated in the design include a horizontal emphasis, articulated by the lines of eaves, porch beams, and window and door surrounds and a reliance on exposed structural elements such as the rafters and braces in the eaves for architectural interest. Character -defining exterior features of the Drips House, which should be preserved, include but may not be limited to: roof configuration and treatment (exposed, shaped rafter tails, bargeboards, braces, etc., dormer), original materials and finishes, open porch configuration and detailing, and original doors and windows. SUMMARY/CONCLUSION: This resource is currently listed in the Santa Ana Register of Historical Property. It is significant trader Criterion 1 in that it embodies the "distinguishing characteristics of an architectural style or period." The Drips House has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Craftsman style (Municipal Code, Section 30-2.2). Page 3 of 4 cro istorieVemplates\Bush N 1721 (Drips House) 10/17/01 25A-29 RECORDED BY: (Name, affiliation, and address) Leslie J. Heummm Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: October 3, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive REPORT CITATION: (Cite survey report and other sources) REFERENCES: EVALUATOR: City of Santa Ana. Santa Ana's Historic Treasures. (List documents, date of publication, and page numbers. May also include oral interviews.) An Illustrated EnCVCIODedia. New York. WW Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester. Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Mother -In -Law of Utt Dies." No source or date. "Historic Preservation Award." Santa Ana Historical Preservation Society Newsletter, Summer 1992. Heumann DATE OF EVALUATION: October 3, 2001 EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic. Preservation) C: that embody the distinctive characteristics of type, period, or method of construction, or that represent the rwork of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status. Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 551: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. em\historic\templates\uush N 1721 (Drips House) 10/17/01 Page 4 of 4 25A-30 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 25A-31 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. 25A-32 This page left blank intentionally. 25A-33 HPPA 2018-2 1721 NORTH BUSH STREET DRIPS HOUSE PLANNING AND BUILDING AGENCY 25A-34 This page left blank intentionally. 25A-35 25A-36 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MP. E LING DATE: JANUARY 24, 2019 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2018-03 (MILLS ACT) FOR THE PROPERTY LOCATED AT 810 NORTH FRENCH STREET (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Pedro Gomez EXHIBIT 3 APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Victoria A. Betancourt for the property located at 810 North French Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Request of Applicant Victoria A. Betancourt Is requesting approval to execute a Mills Act agreement with the City of Santa Ana at an existing residence located at 810 North French Street that is currently listed on the Santa Ana Register of Historical Properties. Proiect Location and Site Description The subject property, known as the Crookshank House, consists of an existing two-story Colonial Revival style residence that is approximately 2,708 square feet in size on an 8,700 -square -foot residential lot (Exhibit 2). The home was listed in the National Register of Historic Places in 1999, as a contributor to the French Park Historic District, and added to the Santa Ana Register of Historical Properties in 2000 and categorized as "Landmark." Analysis of the Issues Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 1). The property is listed on the Santa Ana Register of Historical Properties and categorized as Landmark, making it eligible for a Mills Act agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: 25A-37 HPPA No. 2018-03 January 24, 2019 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional Incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2000, the Historic Resources Commission placed the Crookshank House on the historical register and within the Landmark category. Character -defining features of the Crookshank House determined architecturally significant included: roof configuration and treatment (carved bracket accents), the bellcast hip -roofed dormers, original materials and finishes (Narrow clapboard siding covers the exterior, paired wood columns resting on solid clapboard railings supporting the single -storied porch, topped with a mansard roof), and original doors and windows. The Crookshank House qualified for listing under Criterion 1 o Sec. 30-2, of the Santa Ana Municipal Code (SAMC), in that it embodied the "distinguishing characteristics of an architectural style or period:' Additionally, the house was categorized as Landmark because it was listed in the National Register as a contributor to the French Park Historic District, it "has an historical/cultural significance to the city," and because it "has a unique architectural significance" as an example of the Colonial Revival style. The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. CEQA Comallance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER -2018-126 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and Improve the livability of Santa Ana neighborhoods). PG:sb SAHR0201811.24-181810 N. French Street (Crookshank House) k810 N. French Street — Staff Report Exhibits 1 - Mills Act Agreement 2 - 500' Radius Map 25A-38 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Cleric of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Victoria A. Betancourt, (hereinafter collectively referred to as "Owner"), owners of real property located at 810 North French Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 810 North French Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 25A-39 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on February 19, 2019, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party, Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nomenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. 25A-40 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. C. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 '/2) percent by Government Code Section 50286) of the current fair market value of the 25A-41 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. ' b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 810 North French Street, Assessor Parcel Number, 398-017-06, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instr tment hereinafter executed, covering or conveying 25A-42 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the teams of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Victoria A. Betancourt 810 North French Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. 25A-43 C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. hi the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1 {Signature page follows) 25A-44 ATTEST: MARIA D. HUIZAR Clerk of the Council [111101 Do Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager By: VICTORIA A. BETANCOURT RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 25A-45 EXHIBIT A LEGAL DESCRIPTION LOT 8 AND THE NORTHERLY 20 FEET OF LOT 9 IN BLOCK F OF THE PRICE AND STELLA FRUIT ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, AS PER MAP RECORDED IN BOOK 28, PAGE 5 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA Assessor's Parcel Number: 398-017-06 25A-46 NAME Crookshank House REF. NO. 146 ADDRESS 810 North French Skeet CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEAR BUILT 1904 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I French Park NEIGHBORHOODFrench Park NATIONAL REGISTER CRITERIA FOR EVALUATION [13,C NATIONAL REGISTER STATUS CODE 1D Location: Q Not for Publication ® Unrestricted USGS 7.5" Quad Date: T R % of V4 of Sec B.M. Q Prehistoric ® Historic F1 Both ARCHITECTURAL STYLE: Colonial Revival The architectural style terminology is adapted from the National Register Bulletin 16A The Colonial Revival style is one of the revival styles that were prevalent between 1895 —1915. The style is characterized for its simplicity and dignified formality. An entry porch flanked by columns on either side is one of its identifying features. Other features include simple, rectangular volumes with hipped roofs and boxed eaves, symmetrical placement of window and doors, simple colonial (Georgian and Federal style) details, especially on the columns and windows. LHIMcategory mookshank 5-12-00 25A-47 Year Built: Alterations: Repair Chimney: Addition to Residence: Reroof: Convert Residence to duplex: Add two french doors: Reroof: (Construction data, alterations, and date of alterations) 1904 June, 1923 September 7, 1933 July 25, 1938 October 1, 1951 August 26, 1955 August 9, 1991 March 25, 1996 RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None identified DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) Prominent bellcast hip -roofed dormers, accented with three multipaned arched windows, are centered in the front (west), north, and south sides of the hipped roof of the Clarence Crookshank House. Carved brackets accent the main roof, dormers, and porch roof. Narrow clapboard siding covers the exterior. Paired wood columns resting on solid clapboard railings support a single -storied porch, topped with a mansard roof. Most of the windows are double -hung, with a leaded glass window placed next to the front door. The high quality Craftsman style front door features a trio of long, narrow vertical beveled glass panels topped with three squares of beveled glass. A single storied wing on the south side features a large plate glass window with a leaded glass transom and a slanted bay on the south end. With the exception of the concrete front steps and possibly the single storied wing, this Colonial Revival home does not appear to have been altered. HISTORIC HIGHLIGHTS: Clarence Crookshank built this house for his bride, Anna L. Martin, in 1904. Clarence worked for his father Miles, first at the Crookshank and Beatty Dry Goods Store, and later as a cashier in the First National Bank. He later become president of the Santa Ana Building and Loan Company. He was active in several local civic organizations. His wife Anna died in 1912 and Clarence remarried around 1916 to Janet T. Brown. They lived at this house until 1924, when they moved out to the county to Lemon Heights, RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation) (HP2) Single family property Ll\HRC\category crookshank 542-00 Page 2 of 4 25A-48 RE SOURCES PRESENT: ® Building ❑ Structure ❑ Object ❑ Site ❑ District ❑ Element of District MOVED? ® No ❑ Yes ❑ Unknown Date: Original Location: ❑ Other STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) This example of residential architecture during The City of Santa Ana's early development, is located in French Park Historic District. This two-story single family residence, was built during the height of the development of French Park, a residential district advertised as the "Nob Hill" of Orange County. French Park was home to many prominent businessman, doctors, bankers, attorneys and civil servants from 1880 to the early 1940's. This is in excellent condition, in an unaltered state, and on its original site. Built in 1904, this structure embodies the colonial revival sense of simplicity and dignified formality, with hipped roofs and centered prominent bellcast hipped roofed dormers accented with three multi paned arched windows. The large porch, supported by paired wood columns, is topped with a mansard roof adding to the Colonial Revival style. This building has historic significance to the City of Santa Ana, because of its association with the Crookshank family, a prominent and influential family during the formative years of the City. This house also has a unique architectural significance because of its distinctive architectural details such as the bellcast hip -roofed dormers with arched windows and wide porch with four pairs of column supports. OWNER AND ADDRESS: Victoria Betancourt 810 N. French Street Santa Ana, CA 92701 Page 3 of 4 LAHMea[eyory crookshank 5-12-00 25A-49 RECORDED BY: DATE RECORDED: (Name, affiliation, and address) City of Santa Ana Planning Division 20 Civic Center Plaza May 4, 2000 Santa Ana. CA 92702 SURVEY TYPE: (Intensive, reconnaissance, or other) Reconnaissance REPORT CITATION: (Cite survey report and other sources) National Register of Historic Places Application for French Park Historic District Santa Ana Historic Register Application Form REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) City of Santa Ana Building Division Records EVALUATOR: EXPLANATION OF CODES: DATE OF EVALUATION: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording. Historical Resources, Office of Historic Preservation) B that are associated with the lives of persons significant to our past C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction • National Resister Status Codes (From Appendix 2 of Instructions for' Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. Page 4 of 4 LAHMcategory crookshank 5.12-00 25A-50 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, strictures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 25A-51 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. 25A-52 500' RADIUS HPPA 2018-3 810 NORTH FRENCH STREET CROOKSHANK HOUSE PLANNING AND BUILDING AGENCY 25A-53 ■ 25A-54 REQUEST FOR Historic♦'. Commission Action 1 HISTORICRESOURCES C04MSSION MEETING DATE JANUARY 24, 2019 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2018-04 (MILLS ACT) FOR THE PROPERTY LOCATED AT 202-208 WEST FOURTH STREET AND 318.320 NORTH SYCAMORE STREET {STRATEGIC PLAN NOS. 5, 2; 5,3} Prepared by Pedro Gomez Wit! APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Mang Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Spurgeon DTOC, LLC and KOA Investments, LLC, represented by Scott Ostlund and Jeff Smith respectively, for the property located at 202-208 West Fourth Street and 318-320 North Sycamore Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Reguest of Azstalicant Scott Ostiund and Jeff Smith are requesting approval to execute a Mills Act agreement with the City of Santa Ana at an existing building located at 202-208 West Fourth Street and 318-320 North Sycamore Street that is currently listed on the Santa Ana Register of Historical Properties. Project Location and Site Description The subject property, known as the Spurgeon Building, consists of an existing four-story Commercial style commercial building that is approximately 54,400 square feet in size on an 13,800 -square -foot commercial lot (Exhibit 2). The building was individually listed in the National Register of Historic Places in 1980 and listed again in 1984 as a contributor to the Downtown Historic District. In addition, it was added to the Santa Ana Register of Historical Properties in 2001 and categorized as "Landmark." Analysis of the Issues Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 1). The property is listed on the Santa Ana Register of Historical Properties and categorized as Key, making it eligible for a Mills Act agreement. The agreement provides monetary incentives to the property owner In the form of a property tax reduction in 25A-55 HPPA No. 2018-03 January 24, 2019 Page 2 exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method In determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2001, the Historic Resources Commission adopted Resolution No. 2001-22 approving Historic Register Categorization No. 2001-64 to place the Spurgeon Building on the historical register and within the Landmark category. Character -defining features of the Spurgeon Building determined to be architecturally significant included: corner clock tower, original materials and finishes (brick construction, glazed display windows and storefronts with solid bulkheads and transoms of small, square panes of glass, paneled spandrels, bracketed soffits, and patterned fascia), single one -over -one double -hung sash and the slightly recessed interior bays, and projecting cornices and sills. The Spurgeon Building qualified for listing under Criteria 1, 2 and 4 of Sec. 30-2, of the Santa Ana Municipal Code (SAMC), in that it embodied the "distinguishing characteristics of an architectural style or period," it was a "work of notable architects, builders, or designers whose style influenced architectural development," and it was a "building of historical significance." Additionally, the building was categorized as "Landmark" because it "is on the national register," "is on the state register," "has historical/cultural significance to the City of Santa Ana," and "has a unique architectural significance." The property has no identified unauthorized modifications. Upon consideration of the application, It is recommended that the City enter into a Historic Property Preservation Agreement. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER -2018-133 will be filed for this project. Strategic Plan AlIgnment Approval of this Item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 25A-56 HPPA No. 2018-03 January 24, 2019 Page 3 rust) SAHR02019\1-24.19202.208 West Fourth Street and 318-320 North Sycamore Street (Spurgeon Building) \202-208 West Fourth Street and 318.320 North Sycamore Street—Staff Report Exhibits: 1 - Mills Act Agreement 2 - 500' Radius Map 25A-57 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Cleric of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement') is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Spurgeon DTOC, LLC and KOA Investments, LLC, (hereinafter collectively referred to as "Owner"), owners of real property located at 202-212 West Fourth Street (commonly known as 202-208 W. 4th Street and 318-320 N. Sycamore Street), Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act') to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 202-212 West Fourth Street, Santa Ana, CA, 92701 (commonly known as 202-208 W. 411 Street and 318-320 N. Sycamore Street) and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 25A-58 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on February 19, 2019, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, 25A-59 organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the riles and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired strictures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. C. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code 25A-60 Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 '/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the stricture must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms, of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 202-212 West Fourth Street (commonly known as 202-208 W. 4th Street and 318-320 N. Sycamore Street), Assessor Parcel Number 398-264-15, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall 25A-61 pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terns of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Spurgeon DTOC, LLC and KOA Investments, LLC 202-212 West Fourth Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. 25A-62 c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. C. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page followsl 25A-63 ATTEST: MARIA D. HUIZAR Clerk of the Council Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager BY: SCOTT OSTLUND SPURGEON DTOC, LLC By: JEFF SMITH KOA INVESTMENTS, LLC RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 25A-64 EXHIBIT A LEGAL DESCRIPTION ALL OF LOTS 8 AND 9 AND THE EAST 10-2/3 FEET OF LOTS 7 AND 10 IN BLOCK 12 OF THE TOWN OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS OF ORANGE COUNTY, CALFORNIA. Assessor's Parcel Number: 398-264-15 Commonly known as: 202-208 W. 41 Street and 318-320 N. Sycamore Street 92701 25A-65 NAME Spurgeon Building REF. NO. 20 ADDRESS 202-212 West Fourth Street and 318-320 North Sycamore Street CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEAR BUILT 1913 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT Downtown Santa Ana NEIGHBORHOOD N/A NATIONAL REGISTER CRITERIA FOR EVALUATION A, B, NATIONAL REGISTER STATUS CODE 1B Location: [❑ Not for Publication Unrestricted USGS 7.5" Quad Date: T R % of %4 of Sec B.M. ❑ Prehistoric Historic [ Both ARCHITECTURAL STYLE: Commercial Style (with a Second Empire Clock Tower Element) DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Commercial Style achieved maturity in large eastern and Midwestern cities, most notably Chicago, where the demands for office and retail space in downtown areas led to the development of multi -storied buildings distinguished by an emphasis on windows over wall surfaces and a relative lack of ornamentation. Dating from 1875 to 1930, commercial buildings generally have straight fronts and level skylines, sometimes marked by an overhanging cornice. The regular fenestration pattern, usually consisting of repetitive groupings of unadorned, rectangular windows, provides the primary characteristic of the facades. Chicago windows, with broad, fixed central lights flanked by narrower, operable side sash, are often employed. Piers and spandrels may be in the same plane as the windows, or spandrels may be recessed, with the result that neither horizontal nor vertical lines achieve dominance (Whiffen, 183- 189). Pagel of 5 emUiistori6templatesTourth 202 W (Spurgeon Bldg) 8/21/01 25A-66 (Construction data, alterations, and date of alterations) 206-212: July 1921. Repairs. March 1923. Excavate basement. January 2, 1929. Alterations. February 1, 1949. Alterations and repairs to office building. 202: September 9, 1923. Alter storefront. June 3, 1946. Repair fire damage. May 4, 1961. Interior partitions, rear entry door, close existing windows. October 30, 1970. Interior alterations. December 20, 1985. Tenant improvement. 202-204: October 14, 1973. Remove skylights, cover openings with rafter, plywood roof. 202-208: January 1924, Alterations. June 6, 1936. Alteration to storefront. March 2, 1949. Remodel storefront. September 27, 1965. Interior partitions and remodel building. April 23, 1979. Interior remodel (206, suites 428-36). April 17, 1984. Alter. Add interior walls. 202-212: March 15, 1927. Alterations. February 18, 1936. Alterations to business building. June 6, 1944. Alterations to store. April 19, 1956. Alteration to store building. August 7, 1985. Seismic rehab. 204: February 26, 1989. Interior tenant improvement, 1" floor. 204-208: March 2, 1967. Interior alteration. April 13, 1967. Interior alterations. October 31, 1967. Exterior alteration. March 4, 1968. Dry wall existing wall & ceiling. July 18, 1968. Interior alteration. July 25, 1968. Interior alteration (206, rooms 234, 236, 306, 308, 333-332). July 26, 1971. Remove non-bearing wall in room 303. 206: April 7, 1920. Cigar stand in Spurgeon Building. July 14, 1938. Alterations to room 335. November 3, 1938. Alterations and repairs to store building. January 14, 1939. Alter business building. May 13, 1940. Repairs to office building. September 4, 1941. Repairs to office building. December 3, 1971. Office partitions & sliding door. January 25, 1973. Four stucco walls. April 18, 1974. Interior alteration, offices 202-208. April 30, 1985. Pedestrian canopy, remove existing drywall. May 30, 1985. Seismic rehab. August 22, 1985. Commercial rehab—remodel interior. October 30, 1987. Non-bearing partitions, 4" floor. February 24, 1988. Partitions (room 324); alter counter, cut opening, frame doors (2"d floor). August 22, 1990. Interior partition. October 1, 1992. Add partition walls, remove all; remove 2"d floor offices & counter & remodel back entry waiting room; install canopy. 208: April 14, 1959. Addition to building (new front office for S. A. Book Store). November 9, 1966. Interior alteration. December 13, 1966. Add drywall & install grid ceiling. February 7, 1984. Close off area to reduce retail floor area. December 20, 1985. Tenant improvement. 208-224: January 16, 1987. Elevated skywalk between buildings. 210: April 4, 1919. Screen doors. April 1922. Alterations on store. November 1, 1935. Alterations. May 20, 1937. Remodel storefront. March 4, 1946. Repair fire damage to Sayers Linen Store. February 26, 1986. Tenant improvement. 212: April 7, 1920. Shoe store alter storefront and repair. June 19, 1929. Install partitions. July 13, 1929. Store alterations. July 29, 1929. Alterations. August 4, 1930. Alterations. September 5, 1933. Alterations. March 9, 1937. Repair storefront. April 5, 1937. Remodel storefront. October 29, 1945. Mezzanine floor in The Sport Shop. March 22, 1946. Alteration to store building. No date (1950s). Remodel interior of commercial building (commercial bank). December 16, 1983. Wall. December 20, 1985. Tenant improvement. Page 2 of 5 rm\lu& urirAtemplatesAFuurdr 202 W (Spurgeon Bldg) 8/21/01 25A-67 RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) One of the most recognizable buildings in Santa Ana by virtue of its corner clock tower, the Spurgeon Building occupies the southwest comer of Fourth. and Sycamore Streets._ Of brick construction, the building is divided into nine bays _on the north (_Fourt_h__. Street) elevation and seven bays on the east elevation. Glazed display windows and storefronts, with solid bulkheads and transoms of small, square panes of glass, occupy the street level bays. Building entries are located on each elevation and are distinguished by rusticated surrounds. A decorative, projecting cornice circles the building above the ground floor. On the upper stories, the raised end bays each contain single one -over -one double -hung sash and the slightly recessed interior bays each contain paired sash. Projecting sills and paneled spandrels embellish the fenestration. At the fourth floor level, the tops of the piers are ornamented with raised brick and tile arranged in a fork -like motif, Square panels punctuate the frieze above the fourth floor. Sandwiched between the end bays, the overhanging cornice is detailed with dentils, bracketed soffits, and a patterned fascia. Rising above the northeast corner of the building, the clock tower suggests the influence of the Second Empire style, with elaborate arches containing clock faces on four sides surmounted by a cupola and flagpole. Other than relatively minor storefront alterations, the Spurgeon Building retains a high degree of integrity. HISTORIC HIGHLIGHTS: The Spurgeon Building was constructed in 1913 by William Spurgeon, the founder of Santa Ana, using a design provided by architects Metcalf and Davis of Long Beach. It was the third Spurgeon Building on the site, having been preceded by smaller structures erected in the1870s and 1880s. For many years it was not only the tallest building in Santa Ana, but also one of the most prominent addresses in downtown, much favored by doctors and lawyers. Appropriately, the comer retail tenant was the White Cross Drugstore; Walgreen's took over the space in the 1930s. William Spurgeon is not only remembered as the founder of Santa Ana, but also as one of its most prominent citizens. Spurgeon was elected to the state legislature, was one of the prime movers in the movement to establish Orange County, and served as chairman on the new county's Board of Supervisors. His business and civic interests ranged from his general merchandise store, first opened on Fourth Street in 1869, to the founding of Santa Ana's first church (the Methodist Episcopal Church, now the Spurgeon Memorial Methodist Church) in 1870 and the establishment of a stage coach stop followed by the formation of the Santa Ana and Newport Railway. Spurgeon died in 1915. There was a campaign led by Tim Rush, local preservationist, to restore the operation of the clock in 1999. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP 7) 3+ story Commercial Building RESOURCES PRESENT: ® Building ❑ Structure [] Object MOVED? 0 No ❑ Yes ❑ Unknown crad istarickemplatesTourth 202 W (Spurgeon Bldg) 8/21/01 ❑ Site ❑ District EJ Element of District Date: Original Location: Page 3 of 5 25A-68 0 Other STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. By the end of the 1880s, Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The period of 1911-1915 saw many characteristic new business blocks or remodels along Fourth Street, and by the 1920s Santa Ana's downtown had expanded in each direction to include both commercial and civic development. The Spurgeon Building possesses a strong historic integrity and, in the nearly ninety years of its existence, has become recognized as a symbol of Santa Ana. It is historically significant as one of the most prominent buildings in downtown Santa Ana, emblematic of Santa Ana's prosperity and primacy in the affairs of Orange County as well as home to numerous local professionals. A tangible legacy of Santa Ana's founder and one of its foremost city builders, the building is the most significant extant building associated with William Spurgeon. In addition, the building is architecturally significant as a local example of the Commercial Style of architecture, which stood out in the city's landscape as the tallest building until 1923. Due to the extraordinary importance and high integrity of the Spurgeon Building, all original features of the exterior should be considered to be character -defining and should be preserved, including (but not limited to): all exterior finishes; building configuration and bay divisions; tower; fenestration; and cornice. SUMMARY/CONCLUSION: This building was individually listed in the National Register of Historic Places in 1980 and listed again in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. Listed in the Santa Ana Register of Historical Property, the Spurgeon Building has been categorized as "Landmark" because it "is on the national register," "is on the state register," "has historical/cultural significance to the City of Santa Ana," and "has a unique architectural significance" (Municipal Code, Section 30-2.2). alARKMI]MOO �11 14 M3 RECORDED BY: (Name, affiliation, and address) Leslie J. Hellmann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 3, 2001 Page 4 of 5 c6lostorl6teroplatesTourth 202 W (Spurgeon Bldg) 8/21/01 25A-69 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Citv of Santa Ana, Santa Ana's Histol --Les,- I{athleen. "Santa Ana Historic Survey, Final Resources Inventory: Downtown." -May -1980. Thomas, Harold M. "Downtown Santa Ana Historic District" National Register nomination form, 1984. (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh Diann, Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. I{nopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Department of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: July 3, 2001 EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) A: that are associated with events that have made a significant contribution to the broad patterns of our history. B: that are associated with the lives of persons significant in our past. C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values,: or that represent a significant, and distinguishable entity , whose components may lack individual distinction.... • .National Register Status Code: (From. Appendix 2 of Instructions for. Recording Historical Resources, Office of Historic Preservation). IB: Is separately listed and is a contributor to a listed district. Page 5 of 5 cm\historic\templatesTourth 202 W (Spurgeon Bldg) 8/21/01 25A-70 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 25A-71 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. 25A-72 500' RADIUS HPPA 2018-4 202 - 212 WEST FOURTH STREET SPURGEON BUILDING PLANNING AND BUILDING AGENCY 25A-73 25A-74 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVE AN AGREEMENT WITH GREENPLAY, LLC FOR AN AMOUNT NOT TO EXCEED $76,998 TO EVALUATE AND REPORT ON THE CONDITION OF THE PARKS, RECREATION AND COMMUNITY SERVICES AGENCY {STRATEGIC PLAN NO. 4, 1D} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Greenplay, LLC to conduct a comprehensive evaluation and report on the condition of the Parks, Recreation and Community Services Agency for an amount not -to -exceed $76,998, which includes a 10% contingency, for a term of one year to expire on March 18, 2020, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) endeavors to enhance the quality of life for Santa Ana residents and visitors. The PRCSA desires to evaluate its ability to provide recreation programs and services to a population of over 344,000, that range widely in age, needs, income -level, and family size. Since the City of Santa Ana is a high-density community that relies heavily on city services and facilities, the parks system is heavily used. The result of which reduces the useful life of facilities/equipment and increases the costs of maintenance. The high demand on recreational programs also adds to the resources needed for staffing. Various services have a fee associated that cover the cost of the service, but in most cases, the services are subsidized and/or free. The agency in general requires an evaluation of its current condition and a process by which it can sustain itself for the long-term. The PRCSA desires to hire a firm to provide a third -party evaluation of the department, report on the condition of the Agency, and introduce and implement strong "best practice" business tools to the department for service delivery. An evaluation will provide for a more objective view of the strengths and weaknesses of the Agency as well as provide a new perspective. The evaluation will look at core services, pricing strategies, cost recovery, resource allocation, operational strategies, market analysis and working methodologies for the Agency. The report to be provided 25B-1 Agreement with Greenplay, LLC for a Services and Financial Sustainability Analysis March 19, 2019 Page 2 will assist the PRCSA in refining its service delivery and financial management philosophy to enhance and/or sustain services over both the short and long term. On December 10, 2018, the Parks, Recreation and Community Services Agency (PRCSA) issued a Request for Proposal (Attachment 1) for qualified firms to conduct an evaluation and report on the condition of the Agency. The goal of the report is to articulate a road map for the Agency's future that will: • Evaluate and assess departmental processes, programming, potential alternatives, customer service, revenue generation, and long-term achievable goals. • Improve services and organizational effectiveness. • Identify outcomes/goals to guide the Agency. On January 22, 2019, the City received three proposals as follows: Company Fee Proposal Score 300 Max Ranking Greenplay, LLC $69,999 287 1 ProConsultin , Inc. $79,900 240 2 Tierra West Advisors $187,087.97 163 3 Based upon the evaluation results, the review panel rated the proposal from Greenplay, LLC (Attachment 2) with the highest score and is recommending entering into an agreement (Attachment 3) with the firm. The timeline of the evaluation and generation of a report is anticipated to last six months. The City is proposing an agreement for a one-year period, to allow for any unforeseen circumstances that may require additional time. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 — City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment), Strategy D (Develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). 25B-2 Agreement with Greenplay March 19, 2019 Page 3 FISCAL IMPACT LLC for a Services and Financial Sustainability Analysis Funds are budgeted and available for expenditure in the following fiscal year and account listed below. ACCOUNT DESCRIPTION DESCRIPTION AVAILABLE FUNDS FY 2018-19 PRCSA-Recreation and Comm. Svc.(01113230-62300) Proposal $69,999 PRCSA-Recreation and Comm. Svc.(01113230-62300) 10% Contingency $6,999 TOTAL $76,998 Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Ka ryn Downs, CPA Executive Director J.Wd Finance and Management Services Agency Exhibits: 1. Request for Proposal No. 18-103 Services and Financial Sustainability Analysis 2. Greenplay, LLC Proposal for Service and Sustainability Analysis 3. Agreement for Professional Consulting Services with Greenplay, LLC 25B-3 25B-4 REQUEST FOR PROPOSALS (RFP) FOR SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS m RFP NO.: 18-103 CITY OF SANTA ANA Parks, Recreation and Community Services Agency 20 Civic Center Plaza -M23 Santa Ana, CA 92701 Frank Arroyo RFP Administrator (714) 571-4218 Office farroyo(7a Santa-ana.org City of Sarrita Au RF 18-103 P8� �2 0 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that the City of Santa Ana invites proposals for SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS for the Parks, Recreation and Community Services Agency. Responses to this Request for Proposals (RFP) will be accepted no later than January 22, 2019 at 2:00 u.m. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 18-103 SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Frank Arroyo Parks, Recreation & Community Services Agency; 20 Civic Center Plaza; 2'd Floor Santa Ana, CA 92701 Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa-ana.org/bids-rfps. PROPOSERS shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The CITY reserves the right to reject any or all Proposals, or waive any irregularities or technical deficiencies in any proposal. City of Santa Ana RFP 18-103 25B6 (9) CITY OF SANTA ANA REQUEST FOR PROPOSALS SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS RFP NO.: 18-103 TABLE OF CONTENTS GENERAL II. PROPOSAL TERMS AND CONDITIONS A. EXAMINATION B. DILIGENCE MATERIAL C. PROPOSAL VALIDITY D. PRE -CONTRACTUAL EXPENSES E. PROPOSAL INFORMATION F. EVIDENCE OF FINANCIAL CAPACITY G. CITY RIGHT TO REJECT H. EXECUTION OF AGREEMENT I. LICENSES & PERMITS J. INSURANCE K. PAYMENT INFORMATION PACKET III. INSTRUCTIONS TO PROPOSERS A. POINT OF CONTACT B. JOINT OFFERS/SUBCONSULTANTS C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. PRE -PROPOSAL MEETING F. ERRORS INPROPOSAL G. PROTESTS IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT 10 VII. IMPLEMENTATION 10 A. KTCK-OFF MEETING B. NOTICE TO PROCEED VIII. PUBLIC RECORDS IX. APPENDIX 10 ATTACHMENT I AND IA: SCOPE OF WORK / LIST OF SUBCONTRACTORS 11 ATTACHMENT 2: SAMPLE AGREEMENT 15 ATTACHMENT 3: SUBMITTALS (CERTIFICATIONS, STATEMENTS, SCHEDULES) 23 City of Santa Ana RFP 18-103 zffls-7 I. II. GENERAL The CITY is inviting qualified firms to conduct a Service and Financial Sustainability Analysis including an analysis of core services, pricing and provision strategies, cost recovery, resource allocation, operational strategies, market analysis and working methodologies for the City -Parks, Recreation and Community Services Agency (PRCSA). The comprehensive review and analysis will assist the PRCSA in refining its service delivery and financial management philosophy to enhance and/or sustain services over both the short and long term. Request For Proposal Timeline: (Subject to change at the Discretion of the City) RFP Release: Mandatory Pre -Proposal Meeting (Conference Call) Deadline for Request for Information Proposal Due Potential Interview and/or Supplemental Questionnaire Projected Award Projected Start PROPOSAL TERMS AND CONDITIONS December 10, 2018 December 19, 2018 at 9:00 a.m. January 4, 2019 January 22, 2019 at 2:00 p.m. Week of February 4, 2019 March 19, 2019 March 20, 2019 By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: 01009WIVENVIUMN "0 PROPOSER represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the CITY's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. DILIGENCE MATERIAL Diligence Material, if provided, is subject to the following disclaimer: Neither the CITY or any of its agents, advisors, or representatives: has made or makes any representation or warranty, express or implied, as to the accuracy or completeness of the Diligence Material. Without limiting the generality of the foregoing, the Diligence Material may include certain assumptions, statements, estimates and projections provided by or with respect to the CITY. Such assumptions, statements, estimates, and projections reflect various assumptions made by the CITY, which assumptions may or may not prove to be correct. No representations are made by the CITY as to the accuracy of such assumptions, statements, estimates, or projections. City of Santa Ana RFP 18-103 2554$ C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by PROPOSERS in the preparation of its proposal. E. PROPOSAL INFORMATION It is understood and agreed upon by the PROPOSER in submitting a Proposal that the CITY has the right to withhold all information regarding this procurement until after Agreement award, including but not limited to: the number received; competitive technical information; competitive price information; and the CITY evaluation concerns about competing Proposals. Information releasable after award is subject to the disclosure requirements of the Public Records Act, California Government Code Section 6250. F. EVIDENCE OF FINANCIAL CAPACITY Proposer may be requested to submit its most recent audited financial statement, evidencing PROPOSER's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, PROPOSER may include a letter of credit as evidence of supplemental capacity. G. CITY RIGHT TO REJECT The CITY reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The CITY reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The CITY reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful PROPOSER and the CITY shall assume no liability of such subcontractors. H. EXECUTION OF AGREEMENT The CITY and the selected PROPOSER will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a PROPOSER is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the CITY reserves the right to select the next most qualified PROPOSER or call for new Proposals, whichever the CITY deems most appropriate. City of Santa Ana RFP 18-103 258-9 LICENSES & PERMITS The selected PROPOSER shall be required to obtain a CITY of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the CITY Project Manager or designee prior to commencing any work in Santa Ana. Additionally, PROPOSER will be responsible for obtaining any licenses/permits required by the Scope of Work. INSURANCE The selected PROPOSER shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. K. PAYMENT INFORMATION PACKET The selected PROPOSER shall return a completed payment information packet within ten (10) business days after the successful PROPOSER has received notice that the agreement has been awarded. The packet is available on the CITY's website: www.santa-ana.org/bids-rfl)s III. INSTRUCTIONS TO PROPOSERS A. POINT OF CONTACT The selected PROPOSER will assume responsibility for all services in its proposal. The selected PROPOSER shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. B. JOINT OFFERS/SUBCONSULTANTS Where two or more PROPOSERS desire to submit a single Proposal in response to this RFP, they should do so on a prime-subconsultant basis. The CITY intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the PROPOSER shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the PROPOSER. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the RFP Administrator (contact information as noted on the cover page to this RFP) by or before the "Deadline for Requests for Information" date noted in the RFP Timeline under Section I. General. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated in Section IIID. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on CITY's website, City of Santa Ana RFP 18-103 25til 0 www.santa-ana.org/bids-rfps. PROPOSERS shall be responsible for monitoring the site to obtain information regarding this solicitation. E. PRE -PROPOSAL MEETING (MANDATORY) A mandatory pre -proposal meeting (in the form of a conference call), will occur on December 19, 2018 at 9:00 a.m. Please email the RFP administrator for call-in information. The meeting will include discussion of the project scope and a question -and -answer session. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section IIID: Addenda". F. ERRORS IN PROPOSAL If, prior to the opening of Proposals, a PROPOSER discovers an error in the Proposal, the PROPOSER may submit a replacement Proposal prior to the time and date set as the deadline for submitting Proposals. The replacement Proposal shall clearly indicate that it supersedes the prior Proposal. After the close of the RFP Period, an erroneous Proposal may not be replaced or modified; but the PROPOSER may request the CITY release the PROPOSER due to an error in the Proposal. The CITY may release the PROPOSER if the integrity of the Proposal process is not jeopardized, the error was a result of excusable neglect, and the PROPOSER is not advantaged. If the CITY releases the PROPOSER, the Proposal will be deemed rejected and the PROPOSER shall be prohibited from performing all or any portion of the Service and Financial Sustainability Analysis. A PROPOSER'S error in adding numerical items contained in the Proposal shall not constitute a material error. Rather, the CITY will rely upon the amount assigned to each item of the Proposal. G. PROTESTS PROPOSERS with concerns or rebuttal of any staff determination of non -responsiveness or non - responsibility may submit, in writing within five (5) business days, to the RFP Administrator, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by PROPOSER of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. IV. SUBMITTAL REQUIREMENTS A. GENERAL NUMBER OF COPIES AND SIGNATURE: The submittal shall include one unbound original and five hard copies and one (1) digital file on a labeled USB Flash Drive (or equivalent). The original should be marked as "ORIGINAL" and shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. 2. DEADLINE: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. City of Santa Ana RFP 18-103 2M-11 B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: 1. COVER LETTER: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. 2. TABLE OF CONTENTS: Proposals shall include a listing, by page number and all other contents of the Proposal. 3. STATEMENT OF QUALIFICATIONS & REFERENCES a. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm. b. References/Relevant Proiect Experience: Proposal shall include a list of relevant projects which your firm or personnel have completed within the last five (5) years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. 2. MANNER FOR PERFORMING SERVICES & SCHEDULE a. Manner for Performing Service: Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns for which the City should be made aware. Proposal shall include the manner for performing services discussed in the outline above and requested in the Scope of Work (Attachment 1) that details the work phases to be completed, the tasks to be accomplished and the deliverables to be provided. This information shall also be incorporated into the schedule as described below to complete the project. b. Schedule: Proposal shall include a detailed schedule with a written statement which provides information on current workload and how this project would be accommodated. 3. FEE PROPOSAL: Provide the fee detail regarding the price for which the PROPOSER proposes to perform the Described Services. Fee proposal should include billable hourly rates of personnel. City of Santa Ana RFP 18-103 2�1 2 4. LIST OF SUBCONTRACTOR (ATTACHMENT W: Proposals shall include a listing, subcontractors that will perform work on this project. 5. CERTIFICATIONS/STATEMENTS The following forms, included in Attachment 3 in the Appendix of this RFP shall be signed and included as part of the proposal submittal package: f Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification • Attachment 3-4: Agreement Statement V. PROPOSAL REVIEW (CONSULTANT SELECTION The CITY has established a proposal review committee to evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the CITY evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the PROPOSERS. The criteria for evaluating the proposals submitted will take the following items into consideration: • Finn/Team Experience 25% • References/Relevant Project Experience 15% • Manner for Performing Service/Schedule 40% • Fee 20% The CITY reserves the right to request clarification and/or request additional information from PROPOSERS, if necessary. Such clarifications and/or additional information shall be submitted by the PROPOSERS as an Addendum to the Proposal upon request of the Contract Officer. However, since PROPOSERS may not request to provide additional input, PROPOSERS are advised to submit complete information in the Proposal. Based on the evaluation results, finalists may be asked to participate in an interview session and/or supplemental questionnaire the week of February 4, 2019. Exact date and time will be provided to the finalist(s) seven days prior to the assigned interview session and/or due date of the supplemental questionnaire. If an interview session and/or supplemental questionnaire is performed, the results will be added to the initial evaluation score to determine the selected company. B. SELECTION The CITY will recommend award of the agreement to the PROPOSER who will provide the best quality and value to the CITY. CITY reserves the right to begin negotiations and enter into an agreement without interview or further discussions. City of Santa Ana RFP 18-103 2913 VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the PROPOSER providing the best quality and value to the CITY. B. EXECUTION OF AGREEMENT A standard agreement is included as Attachment 2, in the Appendix of this RFP. "PROPOSER" will hereinafter be referred to as "Consultant" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VIII. PUBLIC RECORDS All responses to the RFP shall become property of the CITY, and proposals will become public record after award of agreement. PROPOSER information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 18-103 29114 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS RFP NO.: 18-103 BACKGROUND AND INTRODUCTION: The Parks, Recreation and Community Services Agency's (PRCSA) General Fund budget in FY 2018-2019 is $21,173,178. The Agency has 74 full-time employees and 400 part-time employees. The Agency is composed of four Divisions: Administrative Services, which handles Park Planning and Maintenance and Budget and Accounting, Santa Ana Zoo, Recreation Services, and Library Services. Each Division is headed by a manager who reports to the Executive Director. With the scarcity of resources, the PRCSA needs to review existing processes and services to determine the future of the agency and how best to proceed. The City of Santa Ana is a high-density community that relies heavily on city services and facilities. The parks system is heavily used which reduces the useful life of facilities and increases the costs of maintenance. The recreation programs are in high demand which require staffing to adequately manage the programs. Various services have a fee associated that cover the cost of the service, but in most cases the services are subsidized or free. The agency in general requires a process by which it can sustain itself for the long-term. The PROPOSER will implement a process that will result in organizational sustainability through a logical resource allocation model and pricing strategies and methods. The objectives of the study are to become familiar with the current values, vision, mission and goals of PRCSA and the communities served including current programs and facilities, their revenue sources and marketing strategies. The consulting firm will conduct an extensive public involvement process to vet or refine community values and issues leading to PRCSA's vision. When all the data has been gathered it must be analyzed and presented in a clear and concise final report including a comprehensive plan of implementation and action steps to achieve the financial goals. CONSULTANT'S OBLIGATIONS Requirements 1.1. PROPOSER shall become familiar with the current values, vision, mission and goals of PRCSA. 1.2. PROPOSER shall become familiar with the current programs and facilities offered by PRCSA, their revenue sources and marketing strategies and assess the public demand for services. 1.3. PROPOSER shall provide ample opportunities for community engagement. 1.4. PROPOSER shall guide and/or recommend a public involvement process to vet or refine community values and issues leading to PRCSA' S vision including: 1.4.1. All planning areas and their respective governance 1.4.2. Overlapping jurisdictions City of Santa Ana RFP 18-103 Z 15 1.4.3. PRCSA personnel 1.4.4. CITY staff and departments outside PRCSA 1.5. PROPOSER shall assess expectations and objectives from other CITY agencies and authorities. 1.6. PROPOSER shall evaluate current fee structure, use agreements and funding sources. 1.7. PROPOSER shall evaluate revenue enhancement opportunity in facilities and programs including the community center, parks, trails, operation permits, and recreation programs. 1.8. PROPOSER shall evaluate the role of future developments in cost recovery strategies. 1.9. PROPOSER shall evaluate other factors such as local economy, demographics, safety, national and local trends and studies. 1.10. PROPOSER shall use other data collection methods to supplement this project task. 2. Report Development and Data Gathering Requirements 2.1. PROPOSER shall analyze the data listed above once it has been gathered. 2.2. PROPOSER shall identify patterns, trends and other statistically significant concepts. 2.3. PROPOSER shall note individual and systemic problems and strengths. 2.4. PROPOSER shall assess the role of energy conservation and sustainability or "greening" of PRCSA as a cost recovery strategy. 2.5. PROPOSER shall identify potential internal and external partnerships that would enhance the cost recovery mode. 2.6. PROPOSER shall review all programs and services currently offered and the amount of subsidy for each. 2.7. PROPOSER shall assess current user groups and identify potential user groups as revenue sources. 2.8. PROPOSER shall incorporate information on public and private sector competitors. 2.9. Preliminary findings shall be presented within six (6) months of agreement award. 3. Report Requirements 3.1. PROPOSER shall prepare a clear and concise final report, able to be electronically integrated, detailing approaches to: 3.1.1. Clarify core programs and services. 3.1.2. Reduce PRCSA's reliance on the General Fund through increased cost recovery. 3.1.3. Identify programs and services that should be subsidized based on their cost recovery. 3.1.4. Market analysis and comparison of selected key services' fee structure, amenities and/or qualitative experience. City of Santa Ana RFP 18-103 2g'1 f 6 3.1.5. Identify revenue enhancement opportunities including marketing strategies. 3.1.6. Identify a logical pricing model and methodology based on findings. 3.1.7. Identify the role of energy conservation and sustainability or "greening" of PRCSA as a cost recovery strategy. 3.1.8. Develop ongoing evaluation methods to enable PRCSA to remain current, competitive and viable. 3.1.9. Develop strategy for new and innovative revenue sources. 3.2. PROPOSER shall include recommendations to achieve financial goals within our current infrastructure including: 3.2.1. Comprehensive implementation plan and action steps. 3.2.2. Ongoing evaluation methods to enable PRCSA to remain current, competitive and viable. 3.3. The final draft of the report will be completed with twelve (12) months of agreement. 4. Presentation Requirements 4.1. PROPOSER will be responsible for leading the following meetings; 4.1.1. Project Kick Off 4.1.2. Project Milestones 4.1.3. Preliminary Draft Submission Presentation 4.1.4. Final Report Presentation Additional Comments 5.1. Please include statement of additional services or recommended tasks to the CITY to complete the Statement of Work if needed. City of Santa Ana RFP 18-103 2M;q Appendix ATTACHMENT 1A LIST OF SUBCONTRACTORS City of Santa Ana RFP 18-103 2�=1`8 Appendix ATTACHMENT 2 STANDARD AGREEMENT -SAMPLE (non -substantive changes may occur) CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 2018 by and between , ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#) Year term with the option for the City to grant up to a number (#)-vear renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. City of Santa Ana RFP 18-103 2SBA 9 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement; Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's City of Santa Ana RFP 18-103 2680'go liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION City of Santa Ana RFP 18-103 2W21 Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between City of Santa Ana RFP 18-103 2LU=12 the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws City of Santa Ana RFP 18-103 29@1-'23 and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, ------- Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. NUSCELLANEOUS PROVISIONS City of Santa Ana RFP 18-103 264 a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lo Assistant City Attorney fi:7XKo11/lky,IWIN all Is) ;#al'70 MONZAa Executive Director [INSERT] Agency CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: (name) (title) Tax ID EXHIBIT A SCOPE OF SERVICES City of Santa Ana RFP 18-103 28125 (from Attachment 1 of RFP) EXHIBIT B CONSULTANT PROPOSAL FEE SCHEDULE (OR) RATES AND CHARGES EXHIBIT C CERTIFICATIONS (from Attachment 3 of RFP) City of Santa Ana RFP 18-103 2 6 APPENDIX ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS RFP NO.: 18-103 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana 3RFP 18-103 �f'27 APPENDIX ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS RFP NO.: 18-103 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City of Santa pAna RFP 18-103 26G -LH APPENDIX ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS RFP NO.: 18-103 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, City of Santa Ana RFP 18-103 2`529 regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP 18-103 --3 26150 APPENDIX ATTACHMENT 3-4: AGREEMENT STATEMENT CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS RFP NO.: 18-103 Proposer understands that the PROPOSER will enter into an Agreement similar to that as shown in Attachment 2, in the Appendix of this RFP. If a PROPOSER is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the CITY reserves the right to select the next most qualified PROPOSER or call for new Proposals, whichever the CITY deems most appropriate. PROPOSER concurs to the statements in the standard agreement, with the exception of the following Finn Signed and Printed Name: Title Date City of Santa Ana RFP 18-103 2'8'31 25B-32 R TABLE OF CONTENTS I. Statement of Qualifications and References..................................................1 II. Mannerfor Performing Services & Schedule................................................11 III. Fee Proposal..........................................................................17 IV. Certifications/Statements...............................................................19 'i GREENPLAYLC A, AV0,,�- vada ..Z,aa,,.,,a. 25B-34 GREENPLAYLC www.greenplayilc.com Th. Lndfcp Epp, Ia Pa,b, HecmuHan Md Open Spaa a Canuflfap January 22, 2019 Mr. Frank Arroyo, RFP Administrator 20 Civic Center Plaza M-23 Santa Ana, CA 92701 Mr. Arroyo and Selection Committee: GreenPlay, LLC, is pleased to submit our proposal to develop a Service and Financial Sustainability Assessment for the City of Santa Ana's Parks, Recreation, and Community Services Agency. GreenPlay has been providing financial assessments, strategies, and related services for Parks, Recreation, and Community Services Departments in California and around the country since 1999. We have developed very effective and efficient ways of communicating, producing and delivering high quality service, ensuring that your community is receiving the highest return on investment possible in this important work. We have worked with over 500 communities on various plans, using ourtools and methodologies, and still treat each one as unique, providing customized community -specific results. Our team has completed similar projects in Southern California including recent completion of a Financial Sustainability Plan for the City of Encinitas and a Services and Financial Sustainability Plan for the City of Irvine. Our proposed team will include Chris Dropinski, CPRE, as Principal -in -Charge, Art Thatcher, MPA, CPRP, as Project Manager, and Daniel Hopkins, CPRP, as Project Consultant. We keep in close contact with our clients and make a commitment that we remain available to you and will be in contact with you long after the project is complete to address questions and challenges, share new insights from other clients and our continuing work - all with no additional charges, unless additional tasks are requested. Planning, Financial, and Operational Solutions We understand that the current economic climate is driving agencies to examine "why" as well as "how" they use the taxpayer investment, and that many agencies are either doing more with less or are trying to be financially sustainable while offering more services. Sometimes agencies have the resources to complete this kind of citizen -centric, systemic philosophical work on their own, and sometimes they require objective assistance. We would like to help you actualize this goal by providing you with this innovative and tested scope of work, tools, and methodologies for your consideration. To do so, we will utilize facilitation of a specific nationally -accepted process, the Pyramid Methodology. It is now being utilized at agencies and is being taught in universities and continuing education realms across the country to help effectively address the issues you are seeking to solve. We have had many satisfied clients who have successfully implemented this methodology. We have put together this scope of work based on our understanding of your current need, and based on our experience of delivering effective services. We would like the opportunity to discuss with you what we can do to help you in assuring continued community services funding and a sustainable future! If you have any additional questions, please feel free to contact me at the number listed below. This proposal is valid for 120 days following submittal. We have received Addendum 1. S!ne ely, Teresa Penbrooke, PhD, MAOM, CPRE CEO and Founding Managing Member Phone: (303) 870-8674 (direct) E-mail: ChrisD@GreenPlayLLC.com 1021 South Boulder Rd., suite N / Louisville, CO 80027 . 303.439,8369 25B-35 6REENPLAY« the 'ea , oadge 25B-36 GreenPlay is a Limited Liability Company, with national administrative offices in Louisville, Colorado and eight regional offices around the U.S. Founded in 1999 precisely to help communities with this type of work, we operate as a consortium of experts to provide management and consulting services for park, recreation, open space, and related quality of life agencies. We serve as a resource for agencies by organizing teams that are responsive, experienced in the field, and who understand the needs of individual communities. Our firm works nation-wide with 14 employees and over 75 technical consortium affiliates and sub - consultants to complete projects for large and small agencies throughout the nation. GreenPlay has successfully completed over 500 projects, working with local, state, and national government agencies, as well as with private sector organizations. Administrative Headquarters 1021 E. South Boulder Rd., Suite N Louisville, CO 80027 Contact: Teresa Penbrooke (303)870-3884 (303)439-8369 email: teresap@greenplayllc.com Relevancy of Similar Work Experience Ourfirm has experience that is directly relevant to this project. We have completed similar assessments for the Cities of Irvine and Encintas, as well as San Diego County in California, along with the Cities of Baltimore, Maryland, City of Virginia Beach, Virginia, Arlington County, Virginia, the City and County of Denver, Colorado, and many others. We have also analyzed similar programs while completing parks and recreation master plans in various communities. We utilized our expertise to help these and other communities plan for sustainable development which is financially sound. We will be able to quickly discern key issues in your community and help you plan to address them in an effective manner. Management Approach and Philosophy Toward Parks and Recreation Planning We believe that parks and recreation assets contribute to the quality of life that makes a community a desirable place to work, live, and play. GreenPlay consultants are all passionate about developing plans and documents that work conceptually and are implementable in each individual community. We develop planning and operational options that establish a balance between innovation and experience, conservation and active recreation, design excellence and cost control, and creativity and functional accommodation. We also understand the need to create a delicate balance between economic benefits and provision of equitable service, along with an appropriate mix of active and passive elements for all types of service demands. 25B-37 Ne4t'f Va 6+.d6 tvE 'q&Wb PA 1 Ilk 00 f Lac�i k GreenPlay, LLC Your GreenPlay Consulting Team is... At GreenPlay, LLC, we believe that the best services Dedicated to your project and committed to and products come from using a wide variety of tools. addressing the unique issues and opportunities Some recreation consulting firms concentrate on computer models, databases, or surveys. While we believe these tools are valuable, we take our evaluation and assessment tools to the next level by utilizing Innovative methods and processes that are most effective for your individual community. The results provide a more comprehensive solution for achieving your goals. This schematic illustrates the various tools that GreenPlay uses to help your agency meet its expectations. We balance your needs, and those of your stakeholders, with the reality of available resources. Conscious Capitalism® While making money is essential forthe vitali- ty and sustainability of any business, it is not the only or even the most important reason GreenPlay exists. As a purposefully small, private Conscious Business, we support a culture of Conscious Capitalism with a focus on purpose beyond profit. www.conciouscapitalism.org facing your community. • Experienced in developing plans and documents that work conceptually and are implementable in your community. • Trained in conducting effective public process by skillfully leading staff and stakeholder interviews and focus groups. • Adept in cultivating supportive relationships with staff and governing body leadership. • Effective in creating a public process, along with planning and operational options, that establish a balance between innovation and experience, conservation and active recreation, design excellence and cost control, creativity and functional accommodation, and that meet the needs of the community with the resources that are available. • Respected for their expertise in strategic visioning, programming, cost recovery analysis, resource management, facility site design, operations, funding options, and bond referendum preparation. • Committed to helping you to achieve your goals on time and within budget, while providing exceptional customer service. Z GREENPLAY c aaaodllyEdoa.n;aA„re,a. 25B-38 PROPOSED PROJECT TEAM City of Santa Ana, California Parks, Recreation, and Community Services Department Art Thatcher, MPA, CPRP Project Manager Chris Dropinski, CPRE Principal in Charge Danny Hopkins, MBA Project Consultant Art Thatcher, MPA, CPRP, Principal Project Manager Direct: (757) 592-3103 ) Email: ArtT@GreenPlayLLC. com Art is a Certified Parks and Recreation Professional with 30 years of experience in public parks and recreation operations, programming and administration, volunteer board leadership, facility design and operations, and community engagement. Throughout his career, Art has concentrated on strategic planning, youth civic engagement and teen comprehensive planning, operations and facility management planning, and community engagement facilitation. Art will be your Project Manager and primary point of contact. Art will devote 25% of his time to this project. Chris Dropinski, CPRE, Senior Principal and Managing Member I Principal -in -Charge Direct: (303) 870-8674 ) Email: ChrisD@GreenPlayLLC. com Chris is a Certified Parks and Recreation Executive who brings over 40 years of experience in the public parks, trails, recreation, and open space industry to GreenPlay as Senior Principal and Managing Member for the firm. Throughout her career, Chris has worked with large and small-scale organizations, with a focus on strategic and master plans, facility development, and fiscal management and funding alternatives. Her experience includes open space and park planning, public process facilitation, Board/Council relations, organizational needs analysis, public and alternative funding, and policy research and development. Chris, along with her staff in the City of Boulder, was the initial creator for the Pyramid Methodology. She has been speaking at various state, regional, and national associations, training seminars, agencies, and conferences for nearly 40 years. Chris will devote 20% of her time to this project. Danny Hopkins, MBA, Project Consultant Danny is passionate about the Parks and Recreation field and each community in which he has worked. He has tailored his unique governmental experience to that community's specific taste, demographics, expectations and resources. Finding the balance between these competing interests is important for long-term success. The primary ingredient for that success is cultivating quality relationships with the stakeholders. The underpinnings of his management style are based on the beliefs that employees are the most valuable resource to an organization and that open communication and understanding are vital to the success of an organization. Danny will devote 18% of his time to this project. ijv.4: iO4^ e'dvc yne-i pAG 3 25B-39 Education & Certification • Old Dominion University, Masters. of Public Administration, 2005 • Christopher Newport University, Bachelors of Science, 1981 • Certified Parks and Recreation Professional, National Recreation & Parks Association (NRPA) • NRPA Director School, 2010; NRPA • Aquatic Facilities Operator, 2010; NRPA • Certified Pool Operator, 2013; National Swimming Pool Foundation • Aquatic Supervisor, 2009; Boy Scouts of America • School of Sports Management, 1990; NRPA • Leadership Training Institute, 2014; VRPS • The Business institute for Parks, Recreation and Leisure Services, 2002; NRPA • LEAD, Weldon Cooper Center for Public Service (UVA(, 1999 • Lifeguarding/Waterfront, American Red Cross • CPR/AED/First Aid, American Red Cross • Wilderness First Aid, Wilderness Safety Council 4 GREENPLAKe TU ".Iaa Edo m PoMSneneenon, AM 0,. S,,n 0'_.O Principal, Project Manager t�� Art Thatcher, ��c,�pi""P r MPA, r r �z yc �r t � i Work Ex erience: Art is a Certified Parks and Recreation Professional with 30 years of experience in public parks and recreation operations, programming and administration, volunteer board leadership, facility design and operations, and community engagement. Throughout his career, Art has concentrated on strategic and master planning, youth civic engagement and teen comprehensive planning, operations and facility management planning, outdoor adventure recreation development and programming, and community engagement facilitation. Art is a well known speaker at the local, state, and national level, and lecturer in the Parks, Recreation and Tourism Department at Old Dominion University. He was the 2014 President and Chair of the Board of the Virginia Recreation and Parks Society. He has become known as a national expert in working with coastal communities, including those that manage beaches as part of their parks and recreation systems. • Green Play LLC, Principal and Project Manager: 2013 - Present • Bureau Manager of Recreation and Human Development — City of Norfolk, VA • Information Technology Project Coordinator — City of Hampton, VA • Superintendent of Parks & Recreation —City of Hampton, VA • Operations Director, Norfolk FestEvents Ltd. — Norfolk, VA • Director of Parks and Recreation — City of Poquoson, VA Representative Project Experience • Amherst, NY— Recreation and Parks Master Plan Update • Arlington County, VA — Sports Fields Use Study • Bethlehem, NY— Parks and Recreation Master Plan • Carbon Valley Recreation District, CO — Parks and Recreation Master Plan • Caswell County, NC— Parks and Recreation Master Plan • Chatham County, GA— Parks and Open Space Master Plan • Clovis, CA — Parks Master Plan • Darien, CT— Parks Master Plan • Encinitas, CA— Parks and Recreation Master Plan • Encinitas, CA— Financial Sustainability Project • Erie County, NY— Parks and Recreation Master Plan • Glenwood Springs, CO — Park, Recreation, Open Space and Trails Master Plan • Gloucester County, VA— Needs Assessment for Parks, Recreation, and Tourism • Greenbelt, MD— Recreation and Park Facilities Master Plan • Maitland, FL— Parks and Recreation Master Plan • Manassas, VA— Parks, Recreation, & Culture Needs Assessment and Facilities Plan • Martin County, FL— Parks and Recreation Master Plan • New Hanover County, NC— Department of Parks and Gardens Master Plan Update • Oceanside, CA Parks and Recreation Master Plan • Roanoke Regional Partnership, VA — Outdoor Needs, Operations Capital and Financial Analysis • Rolesville, NC—Comprehensive Plan, Recreation Component • San Gabriel, CA— Parks, Recreation, and Open Space Master Plan • Santee, CA— Parks and Recreation Master Plan Update • Sioux Falls, ND — Parks and Recreation Master Plan • Wake Forest, NC— Parks, Recreation, and Cultural Arts Master Plan • West Palm Beach, FL—Parks and Recreation Master Plan • Williamsburg, VA— Parks and Recreation Master Plan • Wilsonville, OR — Parks and Recreation Comprehensive Master Plan • Winchester, VA— Needs Assessment 25B-40 Education • Bachelor of Science in Recreation Administration/ Education, Graduated Cum Laude, May 1977 State University of New York at Cortland, Cortland, New York • Kappa Delta PI - National Honor Society in Education • Essence of Leadership Program, Contegrity Program Designs, Inc., 1997 • Essential Development Programs, Conversant Solutions, LLC, 1994-99 • Graduate of Executive Development School, University of Georgia; NRPA Park Planning and Maintenance School; CPRA Recreation Facilities Design and Management School; NRPA Western Revenue Sources Management School, 1983-1988 Professional Affiliations Article— Writing Award, Illinois P&R Magazine, 2008 Top 100 Women -owned Businesses, Colorado Biz, 2003, 2005,2006,2007,2008,2012, 2013,2015 Professional Member of NRPA Professional Member Colorado Parks and Recreation Association, President 1989-90 Certified Parks and Recreation Executive Board Member National Association of Park Foundations (NAPF) Board and Past Chair, NRPA Rocky Mtn Revenue & Mgmt School 2004-2010 Fellow of the American Academy for Park and Recreation Administrators Member PLAY Boulder Parks and Recreation Foundation - 2009 - present GP RED— President (2009-2010), Board 2011, Advisory Board 2012 -Present Chris Dropinski, CPRE IE Senior Principal and Managing Member Work Experience: a Chris is a Certified Parks and Recreation Executive who has 24 years of Parks and Recreation administration and management and over 40 years in the field to support her current consulting role. Her passion forteaching and moving the field forward has led to many successful master planning and feasibility projects across the country. She served as Director of the City of Boulder, Colorado, Parks and Recreation Department for over a decade, providing leadership for the development and provision of parks, open space, trails and recreation services. Chris has a unique and respected approach toward addressing such challenging areas as policy development, organizational development, strategic management, revenue philosophy in the public setting, building relationships with alternative providers, partnership building, cost benefit analysis, developing board/staff relationships, and establishing an effective public engagement process. Chris is a well known speaker at the local, state, and national level on many of these topics. Management Consulting in Parks, Recreation, and Sports since 1995 • Green Play LLC, Co -Owner and Senior Principal: 2001 - present • City of Boulder Parks and Recreation, Colorado, Director: 1990-2001 • Foothills Park and Recreation District, Colorado, Assistant Director: 1981-1990 • South Suburban Recreation and Park District, Colorado, Supervisor: 1977-1981 Representative Project Experience Chris has led more than 200 projects for GreenPlay. Below is a representative sample: • Alexandria, VA—Cost Recovery Policy Model and Philosophy • Baltimore Recreation and Park, MD —Services Assessment and Recreation Centers & Aquatics Study • Colchester, VT — Recreation Impact Fee Study • Coppell, TX — Cost Recovery Policy and Resource Allocation Philosophy • Denver Parks and Recreation, CO — Resource Allocation Priorities Study • Desert Recreation District, CA— Parks and Recreation Master Plan, Strategic Plan and Updates • Encinitas, CA — Services and Financial Sustainability Study • Forest Preserve District of Cook County, IL— Recreation Master Plan • Fraser Valley, CO — Parks, Recreation and Golf Master Plan Update • Irvine, CA — Community Services Department Cost Recovery Analysis and Services Assessment • Kirkland, WA— Cost Recovery Study • Longmont, CO — Open Space and Trails Master Plan 2002 and 2018 Update • Louisville, CO — Parks, Recreation, and Open Space Master Plan • Raleigh, NC — User Fee Analysis Study • Riverside County, CA— Regional Parks and Open Space District Master Plan • Vancouver -Clark Parks and Recreation, Vancouver, WA — Organizational Assessment • Virginia Beach Parks and Recreation, VA—Strategic Plan Update, Cost Recovery and Services Assessment • Wimberley, TX — Blue Hole Regional Park Master Plan and Operations Plan 25B-41 Hei`yr4m V— tic-.Zve yaxo pe -G. 5 EDUCATION • Masterof Business Administration Degree, .'University of Sarasota School of Business • Graduate Studies in Education, Fordham University of New York - School of Social Services- • Bachelor of Science Degree, State University of New York, Empire State College School of Human Services PROFESSIONAL MEMBERSHIPS: • National Recreation and Parks Association • Florida Recreation and Parks Association • American Red Cross 6 ICREENPLAY,c The ieemna Eche m vex•, neve.uen, And open$pea 4bnsmnne Daniel Hopkins, MBA Project Consultant Overview: Over the past thirty plus years Danny has had the opportunity to work in local government, reporting to a variety of policy boards and local government structures. He has served in the capacity as an acting town manager and as a department head for departments responsible for Parks and Recreation, Community Services, Public Works, Neighborhood Services and Tourist Development. He has also worked as a private consultant assisting local governments. Danny now works for GreenPlay out of his Manchester, New Hamphsire, office. Danny is passionate about the Parks and Recreation field and each community in which he has worked. He has tailored his unique governmental experience to that community's specific taste, demographics, expectations and resources. Finding the balance between these competing interests is important for long- term success. The primary ingredient for that success is cultivating quality relationships with the stakeholders. The underpinnings of his management style are based on the beliefs that employees are the most valuable resource to an organization and that open communication and understanding are vital to the success of an organization. He has found that this approach instills trust and loyalty that, in turn, promotes an effective and productive environment. Work Experience: GreenPlay, LLC Project Consultant, 2019—Present Quality of Life Consulting Services, LLC CEO & Founding Member, 2013-2018 MANATEE COUNTY - Parks and Natural Resources, Bradenton, FL Recreation Division/Capital Improvement Program Manager (2015-2016) Aquatics Director (2016-2018) TOWN OF CARY — Parks Recreation Cultural Resources, Cary, NC Director, 2010-2012 CITY OF ASHEVILLE — Parks Recreation Cultural Arts, Asheville, INC Superintendent, 2008-2010 TOWN OF MIAMI LAKES — City Manager's Office, Miami Lakes, FL Community Planning & Capital Projects Director, 2007-2008 TOWN OF MIAMI LAKES- Parks and Recreation, Miami Lakes, FL Director, 2006-2007 CITY OF REDMOND - Parks and Recreation, Redmond, WA Director, 2000-2006 MANATEE COUNTY — Recreation & Cultural Services, Bradenton, FL Director, 1993-2000 25B-42 REPRESENTATIVE PROJECT EXPERIENCE CITY OF IRVINE, CALIFORNIA COMMUNITY SERVICES DEPARTMENT COST ITH"Wirks Reference: Kim Mahon, Management Analyst Community Services, Civic Ctr. PO Box 19575 Irvine, CA 92623 949-724-7464 1 kmahon@cityofirvine.org Project: GreenPlay performed a comprehensive cost recovery and fee study for Community Services and Great Park programs and activities of the City as required by the City's financial and budget policy. Using the existing cost recovery model as the performance metric for cost recovery, standard financial reports were used to develop a customized report that aligned true cost of services and revenues received with all activities and programs offered. Cost recovery was analyzed for adherence to policy and California law regarding fees for public sector services. Recommendations were made to evolve the existing model to much more adequately provide direction to staff and establish meaningful cost recovery targets for the future. This methodology is intended to build upon existing policy to better serve the public, clarifying policy intent, and providing direction for fulfilling policy requirements. It provides a philosophical underpinning for determining assignments of cost recovery targets to all of the programs and services offered, assuring alignment with community values, and a fair and equitable fee structure. H bac. Adeuc yccoo pA 7 25B-43 ENCINITAS, CALIFORNIA FINANCIAL SUSTAINABILITY PROJECT Reference: Lisa Rudloff, Former Director of Parks and Recreation 20 Civic Center Plaza, Santa Ana, CA 92701 (714) 647-54001 Irudloff@santa-ana.org Project: In an effort to continually improve and enhance services and overall organizational effectiveness, the Parks and Recreation Department (PRD) utilized an extensive process to address financial sustainability through the creation of a Resource Allocation and Cost Recovery Philosophy, Model, and Policy and a Services Assessment. This project provided an evaluation of the current system, along with an assessment of current programming, and future potential alternative providers, customer service, revenue generation, and long-term Department fiscal efficiency and sustainability. This comprehensive effort and approach to providing services is undertaken to introduce and implement strong "best practice" business tools to the Department, including the Pyramid Cost Recovery Model and the Services Assessment Matrix. The overall goal of this plan is to initiate and sustain practices and examine policy and rules affecting the overall desired outcomes of a healthy and vibrant community. $ GREENPLAYLc Tile o.�ai.aft' .,,o. 25B-44 OREGON COST RECOVERY MODEL AND RESOURCE Reference: Katie Dunham, Planner II 150 Beavercreek Rd. Oregon City, OR 97045 503-742-4352 1 I<dunham@co.clackamas.or.us Project: GreenPlay developed a Cost Recovery Model and Resource Allocation Philosophy concurrent to the Parks and Recreation Master and Strategic Plan. This phase of the project established a rationale for resource allocation and cost recovery, and identified and recommended areas for fee increases or pursuit of alternative funding. This facilitated phase focused on short and long-term implementation strategies that efficiently and effectively utilize the community's investment for critical parks and recreation needs. This study aligned available and future resources with services and commitments to include desired level of service, sustainable fiscal stewardship, and industry best practices in operating and maintaining the district's infrastructure and providing services. H4;4 -k Yr Adrtve yam,, 6 9 25B-45 TUALATIN FALLS PARK AND RECREATION DISTRICT FINANCIAL SUSTAINABILITY ANALYSIS Reference: Ann Mackiernan, Operations Analysis Manager 15707 SW Walker Rd. Beaverton, OR 97006 (503) 614-1215 1 amackier@thprd.org Project: The Cost Recovery Model and Resource Allocation Philosophy Development established a rationale for resource allocation and cost recovery, identifying and recommending areas for cost reductions, fee increases or pursuit of alternative funding. This provided short and long-term implementation strategies that efficiently and effectively utilize the community's investment for critical parks and recreation needs. This study aligned available and future resources with services and commitments to include desired level of service, sustainable fiscal stewardship, and industry best practices in operating and maintaining the District's infrastructure and providing services. The process produced a systematic implementation plan to ensure that the District continues to move in the right direction to meet the needs of the community. The Service Assessment Phase of the project established each service (location -specific) target market, and service area, strength or weakness in the market, alternative providers, alignment with values, vision and mission, identification of core services, and optional provision strategies. Both efforts provided best practice business tools now Integrated in how the organization carries out its planning and day-to-day business. 10 16REENPLAYrc 9m LeeJ,wd..p>,M,, w, ....ffpp, 25B-46 andopev sp,. O."Ift RALEIGH PARKS, RECREATION AND CULTURAL RESOURCES DEPARTMENT COMPREHENSIVE PARKS USER FEE STUDY Reference: Allison Bradsher Dept. of Finance PO Box 590 Raleigh, NC 27602 (919) 996-4970 1 allison.bradsher@raleighnc.gov Project: This study took an all-inclusive approach to updating current pricing strategies and establishing a comprehensive fee policy for the Department. Through this process, the Department considered how it allocates its financial resources, recovers its costs through the use of revenues to supplement taxes, and how it can enhance its revenues. The effort was based on a publicly - driven, values -based community conversation and, through a series of public workshops, citizens took part in discussions and an activity about the benefits of services provided by the Department and how those benefits accrue to the individual or group who participates and to the taxpaying community as a whole. This conversation allowed staff to tap into the values of the community when establishing criteria regarding how services are priced. The process was intended to guide staff to determine how programs and services can be priced and managed to operate cost effectively while ensuring that fees are realistic and affordable, allow for operational efficiency, and are easy to explain to the general public. H4� 9' c' ac tvt V'6 &" 11 25B-47 12 GREENf'LAYLc w..,w,,... 25B-48 Md 01. Sp. 6n." PROJECT UNDERSTANDING We understand that the City of Santa Ana is interested in conducting a Services and Financial Sustainability Analysis of the Parks, Recreation, and Community Services Agency (PRCSA). This plan will allow you to determine core services of the PRCSA that align with your values, vision, and mission. It will also help you to develop strategies to rely less on the General Fund, identify services that should be subsidized based on their cost recovery, and develop fee structures that are more aligned with how a service or program benefits an individual vs. the community as a whole. use of this straightforward but innovative proprietary methodology, and we present it at conferences as well. It is invaluable for making tough resource allocation decisions and creating pricing and cost recovery strategies. 6RFFNPaar« The Pyramid Methodology We recognize that the PRCSA provides parks, recre- ation, and community services to a city of 330,000 lo- cated in Orange County. We know that the PRCSA em- ploys 74 full-time employees and over 400 part time employees. Your Agency consists of four Divisions: Administrative Services, Santa Ana Zoo, Recreation Services, and Library Services. The PRCSA provides a breadth of services to residents of all ages, includ- ing wellness programs, sports, aquatics, community programs, and other activities. This assessment will allow you to enhance your organizational sustainability with clear and implementable strategies to attain your financial goals. Introduction GreenPlay is a national leader in teaching and developing innovative approaches to handling the sometimes contentious financial issues of "how much taxpayer subsidy is enough?" or "where should the resources go?" GreenPlay has established and improved the "Pyramid" methodology for helping agencies create an overall philosophy and approach for resource allocation, service pricing, and cost recovery evaluation. We currently teach and train agencies and universities in the implementation and This Service and Financial Sustainability Analysis is intended to help determine how the PRCSA's programs and services can be priced and managed to operate cost effectively while ensuring that fees for programs and services are realistic, will allow for operational efficiency, and are easy to explain to the public. We believe you will find this process and approach has applicability for all service areas. in fact, for the Raleigh project, understanding its applicability, members of the office of budget and finance offices of the City led the charge with intentions of employing the methodology city-wide using the Parks, Recreation and Cultural Resources Department as the starting point. This project will build on the PRCSA's existing Values, Vision, and Mission. As part of GreenPlay's proposed process, we will evaluate your current and expected cost recovery philosophies and expectations and will work with your staff and decision -makers to develop consensus on your intended goals. We will train your staff to use various tools and formulas to create programs for appropriate budgets and service pricing. He4,aw� ynu .-,d, .evs ri,w pd4 13 25B-49 Having a Cost Recovery Model and Resource Allocation Philosophy in place can help agencies answer challenging questions such as: • Are your programs priced fairly and equitably? • How will you continue to fund your agency's facilities and services in relationship to future budget constraints? • Are you using your funding in a responsible manner? • Do you have a methodology for subsidy distribution? If so, is the process transparent? • Does the way that you charge for services (facilities, programs, etc.) support your agency's values, vision, and mission? Establishing a well -crafted philosophy for cost recovery and subsidy allocation is the foundation for developing strong, sustainable financial management strategies. A solid philosophy will allow staff to recognize where subsidy is being applied, to determine if it is at an appropriate level, and to justify the PRSCA's pricing structure, including costs for new services. Your staff will be an integral part of the decision-making process for setting expectations. They will learn how to apply agency tools and budget expectations to set equitable pricing based on vision, values, and mission. Because the tool is guided by and created through the public involvement process, we establish buy -in, educate, and generate interest by being transparent and credible. Often the participating citizens, stakeholders, and partners become the agency's greatest advocates and champions for future issues, many times establishing the grassroots support for taxation issues or fee increases. This collaborative process results in consensus for a foundational philosophy which underpins discussion and decision- making. In short, this method works! This process provides a unified approach to identifying agency resource allocation and cost recovery goals and provides formulas and structure for pricing decisions for all levels of the organization. We use our proprietary Pyramid Methodology to help develop a philosophythat details the level of subsidy necessary for your agency's services (facilities, programs, etc.). Please note that this work Is intended to train the staff to continue it independently as a legacy project, and will specifically empower your staff to learn and utilize the "Pyramid Methodology" and provide results in accordance with the proposed schedule, stakeholder meetings, and review of draft documents. • Because our consultants are professionals in the parks and recreation field, GreenPlay believes that you shouldn't have to call a consultant back in to update your project. We want to train you on the tools and methodologies so you can keep them current. In addition, the tools are flexible, which will allow you to keep the basic methodology, yet respond to your current budgetary conditions/ constraints. Also, because we utilize a core project team to do this work, your own employees become internal "trainers." In addition, the final plan/ report becomes the training document for new staff. Scope of Work I. STRATEGIC KICK-OFF (SKO) AND DETERMINATION OF CRITICAL SUCCESS FACTORS Upon selection and award, our GreenPlay team will provide a Detailed Work Plan to the Project Team within 10 days for discussion at a Strategic Kick -Off Meeting as well as a material request list in order for the staff to provide us necessary information. We will review the details of the work plan and will formalize the timeline and details of the project planning process, allowing GreenPlay to become more familiar with your agency, its structure, and current practices and policies related to cost recovery and resource allocation. The agenda will include: • Refining the project scope including clarification of: desired project outcomes, uses, and goals; workshop formats; and logistics for each step. • Confirming lines of communication, points of contact, level of involvement by City leaders and staff, and other related project management details. • Description of the Acceleration Review® process designed to propel the PRCSA forward. 14 GREENPLAY« And $0 00d$0daA,",,o, 25B-50 • Determination of staff, stakeholder and future collaborator participation, along with defining desired role of advisory boards. • Understanding of the detail behind current budgeting and cost recovery methods and data resources, in orderto ensure the study will be both accurate and appropriate to the PRCSA's needs. • Understanding of current pricing and resource allocation tools and how they are used. • Answering any questions pertaining to the successful development of the study. Having worked as professionals on "your side of the table," we understand how important it is for consultants to be accessible without interfering with your daily responsibilities. We will work closely with your team during Kick-off to identify key "Critical Success Factors" that will help ensure that this project is successful and achieves your desired level of involvement and outcomes. Deliverables — Strategic Kick -Off • Refined project Work Plan • Assignment of senior staff responsibility and staff participation. • Schedule of Cost Recovery and Resource Allocation workshop timeline and identification of all participants. This process will begin with an Acceleration Review' involving the City's project team and other key employees who can help represent the concerns and opportunities available at various levels of implementation throughout the PRCSA. This is a facilitated discussion specifically designed to quickly determine how well the current policy and implementation tools are allowing you to meet your goals. It will specifically identify what is working and what is not working including concerns that need to be addressed. This will also identify any specific concerns regarding alignment with and support for the PRCSA's vision, mission, values, and financial forecasts and goals. GreenPlay will work with the City to evaluate existing PRCSA data, with a particular eye toward consistency in definition of direct costs and application of indirect cost methodology. This is critical to an accurate assessment of cost recovery measurement. We will look at current facilities, properties, and programs and assist the PRCSA in evaluation of current cost recovery levels, appropriateness of cost recovery targets, and effectiveness of fee setting strategies, making recommendations for changes where warranted. We understand the focus on reducing barriers and providing equity and access for identified underserved populations. Our funding analysis will first consider existing funding conditions and strategies. This will include financial trends affecting the PRCSA's resources, current cost recovery levels and targets, and the growing demand for facilities and services. Our philosophy includes the most appropriate use of taxpayer dollars to provide for services with the highest community benefit and leveraging those dollars to supplement with fees and charges to align with individual benefit received. Broadening the policy to include a more complete picture of all of the facilities and services provided by the PRCSA will allow a more accurate analysis. We will also look at the issues such as the disconnect between deferred maintenance, and the cost accounting and allocation of capital repair and replacement that is not actually funded. The fiscal health of the PRCSA is a top priority in order to sustain important service levels for underserved populations as well as to maximize revenues from other populations to help offset shared costs. Responsible identification and funding of necessary costs is paramount. To accomplish these efforts, GreenPlay will meet with staff and conduct interviews as needed to gain a more in-depth understanding of the PRCSA's processes and operations; refine categories for programs and services based on sound philosophical underpinnings, programmatic objectives, and financial rationale; and ensure consistent cost methodology for all programs and services. H4; +YM- "'"t Yr "X,V4 15 25B-51 Along with performing cost recovery and resource allocation studies, GreenPlay is well versed in master planning elements as this is another of our core services. Needs assessment, core services identification, level of service analysis, trends, benchmarking, demographics, and financial and funding analysis are all second nature to us. In addition, each of our consultants has held top leadership roles in public park and recreation agencies with a full understanding of the challenges faced. GreenPlay's approach to the project is described below through a workshop series. This approach is tested and proven to allow us to manage, control, and supervise the project in order to ensure satisfactory results. Deliverables — Cost Recovery Model, Resource Allocation Philosophy, and Policy Update • Workshop 1a — Introduction and education (if desired) regarding the best practices in cost recovery methodology (all staff, with invitations to advisory and policy board members as desired by the agency); review of agency Categories of Service and discussion toward refinement, determination of cost center needs; review of definitions of direct and indirect cost; identification of related policy issues for critical analysis, such as scholarship, sponsorship, partnership, resident/non-resident, etc.; and discussion of • Workshop 3 — A full day workshop focused on determination of appropriate funding and pricing strategies (cost recovery goal, market rate, competitive with comparative analysis), and development of implementation steps. Public Engagement in General GreenPlay staff members function as professional, unbiased facilitators to gather specific information. Participant feedback has indicated that our techniques and formats are well received and provide the opportunity to better understand the planning process and make a meaningful contribution, resulting in the feeling that attending an input session was a good use of someone's valuable time. During the development of this study, we will conduct at least one (1) community engagement session to inform the community about the plan and its goals and obtain public input. Steering Committee Meetings We will conduct at least five (5) meetings with the Steering Committee throughout the duration of the project. One will be an initial project introduction presentation (if desired) during our first on-site trip. The Steering Committee will also be included in the schedule for presentation of findings and of the final plan. We will work with the project team to design the best approach to accommodate these needs. citizen engagement. Value Added Services • Workshop 1b — Steering Committee and key If needed, GreenPlay will help revise budgeting staff for Acceleration Review' Facilitated templates. Discussion. • Workshop 2a — A series of staff workshops to address conditions pertinent to specific programs and facility types. This will be followed by public and stakeholder engagement including community representatives, to address alignment with community and individual benefit and community values, vision, and mission. • Workshop 2b — Refinement of consensus, based on staff and citizen input, of categories hierarchy, cost allocations, and measurement of cost recovery, as well as refinement of all policy issues (reduced fee/scholarship, non- resident use, partnership, sponsorship, gifts and donations, use of volunteers, refunds, etc). K41111110 *001A•. • • The Outcome • GreenPlay will prepare meeting agendas, handouts for the PRCSA to print, and brief meeting summaries identifying themes and major outcomes of each meeting or workshop. • GreenPlay will prepare and deliver tools, methodology, and recommendations for staff to use in developing your annual budget. • GreenPlay will report on other matters that come to our attention in the course of the 16 GREEWPLAYLc s.mwflA01..cw�.�reenon, 25B-52 evaluation that, in our professional opinion, the PRCSA should consider. This would include any service or program where the PRCSA currently charges for services as well as areas where the PRCSA may charge, but currently does not, based on the PRCSA's practices or the practices of comparable cities. Identification of potential additional sources of revenue or cost savings, including greening and environmental sustainability measures, partnerships, and others as identified throughout the development of the report. • Cost of Service Report: A. Working with PP&R, a draft report will be prepared and delivered which includes recommendations for updating the Cost Recovery Policy. B. GreenPlay will prepare and deliver a second brief report that includes recommendations for improving the PRCSA's five-year financial Plan, including revenue generation options that help to fill future funding gaps while also maintaining access to programming for underserved populations. • GreenPlay will prepare and deliver presentations to the City Council to facilitate their understanding of the plan and its implications for the PRCSA and make necessary adjustments as requested. We will then revise your final policy document for acceptance or adoption. This is intended to be open to the public and would include key stakeholders. Deliverables of the Final Report and Presentations • Updated Services and Financial Sustainability Assessment. • Revisions to create final document One trip to present the final document An electronic copy of the final version of the cost of services policy and accompanying report, including related schedules and documentation in a format that can be edited and updated by Agency staff to accommodate changes in the organization or changes in costs, as well as Excel templates for Agency use establishing fees in accordance with approved policy. (The electronic format will be in Microsoft Word, for the narrative portions, and in Excel for the schedules and cost documentation.) • One unbound copy and a single PDF file of the plan that can be made available to Agency staff. H you ""Z y'"- �" 17 25B-53 We understand that the City would like preliminary findings to be presented within six months, and we can meet this schedule. GreenPlay will be responsible for and has experience with control methodology that will be used to ensure the schedule will be met. All workshops are preplanned with materials prepared in advance, and a quick turnaround on necessary materials. All workshop dates will be confirmed at the start of the project, and the project team will be oriented to the entire workshop series, through the approval process. We understand the City's target date for completion is from the date the contract is signed, and if necessary portions of the strategic kick-off agenda could be covered through a phone conference to assure a quick start. We have the proposed staff available, and will allocate appropriate resources to meet the deadlines. We request that the project team be responsive with turnaround on review and approval of work products, and we will work jointlyto lay out a mutually agreed upon, detailed date -specific timeline upon award of the project in order to meet this timeframe. Ourteam recognizes the need to be both flexible and efficient as part of a community planning process. We will conduct and attend the necessary number of meetings in order to complete this project in a way that works specifically for your agency. We have never missed a project end date due to internal GreenPlay workloads. 18 GREENPLAY« 25B-54 TASKS GreenPlay A. Strategic Kick -Off and Determination of Critical Success Factors $3,675 B. Workshops 1 $17,325 C. Workshops 11 including Public Engagement $17,325 D. Workshops III $17,325 E. Totals• Development and Approval of Final Pian $14,349 es• This project is billed as Firm -Fixed Fee, meaning that all travel, reimbursables, and deliverables are built into the per task cost. Fee Basis GreenPlay does not bill on an hourly basis. We have established an inclusive fee schedule that covers the salaries of our professional project staff and of support staff who enable them to function effectively and efficiently. We considerthe prevailing rates in our industry and the level of specialized expertise that we provide. For projects which require more than 100 hours of work, GreenPlay proposes using a Firm -Fixed Price model for compensation. This means that the contract is based on a projected number of hours, but the compensation is actually based on the completion of pre -determined contracted tasks identified in the Scope of Work and within a pre -specified timeline. This typically works well for the client, ensuring that all work is accomplished regardless of the time required to complete each task. In the event that the contracted Scope of Work is changed by the client during the project, GreenPlay can adjust total contract fees accordingly based on our regular hourly rates. This project is proposed as a Firm -Fixed Fee project; therefore, individual hourly rates and projected number of hours are not applicable. Our rates include: ➢ All deliverables as outlined in the Scope of Work. ➢ Professional staff, sub -consultant, and administrative salaries. ➢ All office overhead, equipment, utilities, and consulting insurances. ➢ Taxes, employee benefits, and Worker's Compensation. ➢ Administrative support staff and supplies, and local travel. ➢ Work Products and meetings as outlined in the Scope of Work. ➢ All travel costs are built into the firm -fixed fee. Rates do not include: ➢ Materials and services outside of the pre -specified Scope of Work (may include extra meetings, requested copies and printing of work products). ➢ Detailed schematic and construction documents. 25B-55 Additional Services: If Requested GreenPlay's rate for additional services is based on an average of $150 per hour if not proposed as "firm -fixed fee;' for each consultant, depending on the task. As this project is based on a firm -fixed fee, our consultants will dedicate the necessary time to complete the project. Our sub -consultant team members set their hourly rates according to their individual firm fee schedules. While the hourly rates may sound high, when considering the costs for implementing additional experienced and professional full-time staff, benefits, insurances, office space, computers and equipment, support staff, utilities, etc., we find that this rate is usually comparable to or lower than what an agency would spend for in-house staff. An additional benefit is that when the project is finished, the expense ends. GreenPlay typically submits an invoice for payment to the project manager/primary contact person on a monthly basis. Each invoice includes a brief description of the services provided and percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per month. Other structures for compensation and payment can be negotiable prior to contract award. Project Delay Fee GreenPlay will work with your project team to jointly lay out an achievable schedule during contracting and detailed during the SKO. There is a cost to GreenPlay if the project is delayed beyond the accepted contracted schedule end date, so we will work diligently with you to achieve it. We expect prompt responses and to keep milestones for approval points. If the project is delayed due to City requests or non -response, we may request additional fees to do so. Typically, this fee is around 10% of remaining budget for each month of client caused delays. We are happy to help keep this project on schedule, and value open and transparent conversations about how to best do so throughout the project. 20 &EENPLAY c a".4n'oC.' mafla a„o, 25B-56 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 19th day of March, 2019 by and between GreenPlay, LLC, ("Consultant'), a Colorado Limited Liability Company and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of proving consulting and assessment services for parks and recreation agencies. To that end, on December 10, 2018, the City issued RFP 18-103 for a service and financial sustainability analysis. B. Consultant submitted a proposal in response to RFP 18-103 and represents that Consultant is able and willing to provide such services to the City. All proposals submitted in respoltse to the City's RFP were evaluated by a committee and Consultant's proposal was selected by the committee to be awarded the contract, Consultant's proposal dated January 22, 2019, is incorporated by reference as though completely set forth herein. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall perform during the teen of this Agreement, an assessment of all of the Parks, Recreation and Community Services Agency's current programs, obtain input from all stakeholders, and provide a final service and financial sustainability report as set forth in more detail in the Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, a fixed fee of $69,999 based upon the fee proposal set forth in Consultant's response to the City's RFP and attached to Exhibit R entitled Compensation. The total amount of this Agreement shall not exceed $76,998 during the term of this Agreement which accounts for $69,999 plus $6,999 (10% of the Agreement) as a contingency to be used by the City at its sole discretion should additional unanticipated expenses arise that we not originally contemplated. Page l of 8 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 that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 18, 2020, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended by way of a writing signed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a mariner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual, property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall beat City's sole risk, 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be Page 2 of S 25B-58 limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 ,per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with acombined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self. insurance. Prior to commencing the performance of the work tinder this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to Page 3 of S 25B-59 indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting ori its behalf which relates to the services described in section 1 of this Agreement, and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, !told harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page A of S 25B-60 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and farther agrees to exercise the same degree of care it uses to protect its own infornation of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page S of 8 25B-61 1.4. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director of the Parks, Recreation and Community Services Agency may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16, WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder Page 6 of 8 25B-62 and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714.647-6956 With courtesy copies to: Executive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 571-4211 To Consultant: Teresa Penbrooke CEO GreenPlay, LLC 1021 East South Boulder Road, Suite N Louisville, Colorado 80027 Fax: (303) 439-8369 City Attorney City of Santa Ana 20 Civic Center Plaza, (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and. addressed as set forth above. If sent by fax, communication shall be effective or deemed to have Page 7of8 25B-63 been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if filly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: NORMA MITRE Acting Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attorney By Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: LISA RUDLOFF Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA STEVEN MENDOZ,A Acting City Manager CONSULTANT: Teresa Penbrooke CEO Tax IDtk Page 8 of 8 25B-64 EXHIBIT A SCOPE OF SERVICES 25B-65 Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SERVICE AND FINANCIAL SUSTAINABILITY ANALYSIS RFP NO.: 18-103 BACKGROUND AND INTRODUCTION: The Parks, Recreation and Community Services Agency's (PRCSA) General Fund budget in FY 2018-2019 is $21,173,178. The Agency has 74 full-time employees and 400 part-time employees. The Agency is composed of four Divisions: Administrative Services, which handles Park Planning and Maintenance and Budget and Accounting, Santa Ana Zoo, Recreation Services, and Library Services. Each Division is headed by a manager who reports to the Executive Director. With the scarcity of resources, the PRCSA needs to review existing processes and services to determine the future of the agency and how best to proceed. The City of Santa Ana is a high-density community that relies heavily on city services and facilities. The parks system is heavily used which reduces the useful life of facilities and increases the costs of maintenance. The recreation programs are in high demand which require staffing to adequately manage the programs. Various services have a fee associated that cover the cost of the service, but in most cases the services are subsidized or free. The agency in general requires a process by which. it can sustain itself for the long-term. The PROPOSER will implement a process that will result in organizational sustainability through a logical resource allocation model and pricing strategies and methods. The objectives of the study are to become familiar with the current values, vision, mission and goals of PRCSA and the communities served including current programs and, facilities, their revenue sources and marketing strategies. The consulting firm will conduct an extensive public involvement process to vet or refine community values and issues leading to PRCSA's vision. When all the data has been gathered it must be analyzed and presented in a clear and concise final report including a comprehensive plan of implementation and action steps to achieve the financial goals. CONSULTANT'S OBLIGATIONS Requirements 11. PROPOSER shall become familiar with the current values, vision, mission and goals of PRCSA. 1.2. PROPOSER shall become familiar with the current programs and facilities offered by PRCSA, their revenue sources and marketing strategies and assess the public demand for services. 1.3. PROPOSER shall provide ample opportunities for community engagement. 1.4, PROPOSER shall guide and/or recommend a public involvement process to vct or refine community values and issues leading to PRCSA'S vision including: 1.4.1. All planning areas and their respective governance 1.4.2. Overlapping jurisdictions City of Santa Ana RFP 18-103 25I.J-V 1.4.3. PRCSA personnel 1.4.4. CITY staff and departments outside PRCSA 1.5. PROPOSER shall assess expectations and objectives from other CITY agencies and authorities. 1.6. PROPOSER shall evaluate current fee structure, use agreements and finding sources. 1.7. PROPOSER shall evaluate revenue enhancement opportunity in facilities and programs including the community center, parks, trails, operation permits, and recreation programs. 1.8. PROPOSER shall evaluate the role of future developments in cost recovery strategies. 1.9. PROPOSER shall evaluate other factors such as local economy, demographics, safety, national and local trends and studies. 1.10. PROPOSER shall use other data collection methods to supplement this project task. 2. Report Development and Data Gathering Requirements 2.1. PROPOSER shall analyze the data listed above once it Inas been gathered. 2.2. PROPOSER shall identify patterns, trends and other statistically significant concepts. 2.3. PROPOSER shall note individual and systemic problems and strengths. 2.4. PROPOSER shall assess the role of energy conservation and sustainability or "greening" of PRCSA as a cost recovery strategy. 2.5. PROPOSER shall identify potential internal and external partnerships that would enhance the cost recovery mode. 2.6. PROPOSER shall review all programs and services currently offered and the amount of subsidy for each. 2.7. PROPOSER shall assess current user groups and identify potential user groups as revenue sources. 2.8. PROPOSER shall incorporate information on public and private sector competitors. 2.9. Preliminary findings shall be presented within six (6) months of agreement award. 3. Report Requirements 3.1. PROPOSER shall prepare a clear and concise final report, able to be electronically integrated, detailing approaches to: 3.1.1. Clarify core programs and services. 3.1.2. Reduce PRCSA's reliance on the General Fund through increased cost recovery. 3.1.3. Identify programs and services that should be subsidized based on their cost recovery. of Santa Ana RFP 18-103 — _T MZ67 3.1.4. Market analysis and comparison of selected key services' fee structure, amenities and/or qualitative experience. 3.1.5. Identify revenue enhancement opportunities including marketing strategies. 3.1.6. Identify a logical pricing model and methodology based on findings. 3.1.7. Identify the role of energy conservation and sustainability or "greening" of PRCSA as a cost recovery strategy. 3.1.8. Develop ongoing evaluation methods to enable PRCSA to remain current, competitive and viable. 3.1.9. Develop strategy for new and innovative revenue sources. 3.2. PROPOSER shall include recommendations to achieve financial goals within our current infrastructure including: 3.2.1. Comprehensive implementation plan and action steps. 3.2.2, Ongoing evaluation methods to enable PRCSA to remain cut -rent, competitive and viable. 3.3. The final draft of the report will be completed with twelve (12) months of agreement. 4. Presentation Requirements 4.1. PROPOSER will be responsible for leading the following meetings; 4.1.1. Project Kick Off 4.1.2, Project Milestones 4.1.3, Preliminary Draft Submission Presentation 4.1.4. Final Report Presentation 5. Additional Comments 5.1.. Please include statement of additional set -vices or recommended tasks to the CITY to complete the Statement of Work if needed. -- City of Santa Ana RFP 18-103 26HT 8 EXHIBIT B COMPENSATION Fee Proposal 25B-69 This project is billed os Firm -Fixed Fee, meaning that all travel, reimbursables, and deliverables are built into the per task cost. Fee Basis GreenPlay does not bill on an hourly basis. We have established an inclusive fee schedule that covers the salaries of our professional project staff and of support staff who enable them to function effectively and efficiently. We consider the prevailing rates in our industry and the level of specialized expertise that we provide. For projects which require more than 100 hours of work, GreenPlay proposes using a Firm -Fixed Price model for compensation. This means that the contract is based on a projected number of hours, but the compensation Is actually based on the completion of pre -determined contracted tasks identified in the Scope of Work and within a pre -specified timeline. This typically works well for the client, ensuring that all work is accomplished regardless of the time required to complete each task. In the event that the contracted Scope of Work is changed by the client during the project, GreenPlay can adjust total contract fees accordingly based on our regular hourly rates. This project is proposed as a Firm -Fixed Fee project; therefore, individual hourly rates and projected number of hours are not applicable. Our rates include: r All deliverables as outlined in the Scope of Work. y Professional staff, sub -consultant, and administrative salaries. "r All office overhead, equipment, utilities, and consulting insurances. Taxes, employee benefits, and Worker's Compensation. i Administrative support staff and supplies, and local travel. r Work Products and meetings as outlined in the Scope of Work. Y All travel costs are built into the firm -fixed fee. Rates do not Include: } Materials and services outside of the pre -specified Scope of Work (may include extra meetings, requested copies and printing of work products). Y Detailed schematic and construction documents. �j*4+++�S *dot, sv'%-�ttit Jaen.nQa 19 25B-70 Additional Services: If Requested GreenPlay's rate for additional services is based on an average of $150 per hour if not proposed as "firm -fixed fee," for each consultant, depending on the task. As this project is based on a firm -fixed fee, our consultants will dedicate the necessary time to complete the project. Our sub -consultant team members set their hourly rates according to their individual firm fee schedules. While the hourly rates may sound high, when considering the costs for implementing additional experienced and professional full-time staff, benefits, insurances, office space, computers and equipment, support staff, utilities, etc., we find that this rate is usually comparable to or lower than what an agency would spend for in-house staff. An additional benefit is that when the project is finished, the expense ends. GreenPlay typically submits an invoice for payment to the project manager/primary contact person on a monthly basis. Each invoice includes a brief description of the services provided and percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per month. Other structures for compensation and payment can be negotiable prior to contract award. Project Delay Fee GreenPlay will work with your project team to jointly lay out an achievable schedule during contracting and detailed during the SKO. There is a cost to GreenPlay if the project is delayed beyond the accepted contracted schedule end date, so we will work diligently with you to achieve it. We expect prompt responses and to keep milestones for approval points. If the project is delayed due to City requests or non -response, we may request additional fees to do so. Typically, this fee is around 10% of remaining budget for each month of client caused delays. We are happy to help keep this project on schedule, and value open and transparent conversations about how to best do so throughout the project. 20 GRFENPLAYrc ma u�w�aa mm m ruxa x.+neaim�� nm[ oo=� sw=n co��n;u+v 25B-71 25B-72 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVE AN AGREEMENT WITH A&H REFRIGERATION, INC. IN THE AMOUNT OF $153,750 FOR REPLACEMENT OF THE POLICE DEPARTMENT EVIDENCE SECTION REFRIGERATOR/FREEZER UNIT (STRATEGIC PLAN NO. 1, 3A) CLERK OF COUNCIL USE ONLY: I'_1=10111Flq% ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute a one-year agreement, with A&H Refrigeration, Inc. for the replacement of the Police Department Evidence Section refrigerator/freezer unit, for the period of March 19, 2019 through March 18, 2020, in the amount of $153,750 (including a $25,000 contingency), subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In November 2004, California voters passed the Prop 69 DNA Fingerprint, Unsolved Crime and Innocence Protection Act of 2004 to expand and modify state law regarding the collection and use of criminal offender DNA samples and palm print impressions. On December 15, 2017, the County Prop 69 Committee approved the allocation of 2017 DNA Identification Fund revenues and estimated funding totaling $675,000. The Committee voted to allocate $619,132 county- wide in one-time funding requests to enhance the DNA program for local law enforcing entities and County Departments and set aside $55,868 for future funding requests. The Santa Ana Police Department was awarded $100,000 of the $619,132 award to replace the refrigerator/freezer unit in the Police Department's Evidence Section. On October 10, 2018 the Police Department issued an RFP for the replacement of the Evidence Section refrigerator/freezer unit. The RFP was posted on Plant Bid, and 23 vendors were notified. On October 25, 2018, a pre -proposal meeting was conducted. Proposals were due on November 9, 2018, and no vendors submitted proposals for consideration. The Police Department then directly contacted three qualified vendors (ACCO Engineered Systems, A&H Refrigeration, Inc., and Johnson Controls, Inc.) and again requested proposals. ACCO Engineered Systems and A&H Refrigeration, Inc, each submitted proposals for consideration. 25C-1 Agreement with A&H Refrigeration, Inc. March 19, 2019 Page 2 An evaluation committee consisting of representatives from the Santa Ana Building Maintenance Division, Police Department Evidence Section, Police Department Central Distribution Center, and Police Department Fiscal Section reviewed and rated the two proposals. The proposals were evaluated according to Responsiveness to RFP (20%), Experience of Firm and Personnel (40%), and Cost of Proposal (40%), as stated in the RFP. The results of the RFP evaluation are as follows: Vendor Score A&H Refrigeration, Inc. 377 ACCO Engineered Systems 259 400 point maximum A&H Refrigeration, Inc. was the most responsive proposer with a score of 377 out of a possible 400 points. A&H Refrigeration is located in the City of Garden Grove and provides full HVAC and refrigeration services for commercial and industrial applications. A&H Refrigeration has more than 35 years of technical knowledge and experience, and has completed large comparable projects for the Anaheim Police Department, the Garden Grove Police Department, Torrance Memorial Hospital, and OC Fair. The work performed at Anaheim and Garden Grove police departments was very similar to the scope of work covered in this proposed agreement for the Santa Ana Police Department Evidence Section. Both Anaheim Police Department and Garden Grove Police Department were satisfied with the services provided by A&H Refrigeration. The total amount to be expended during the term of this Agreement shall not exceed $153,750. The sum of this amount is comprised of the base amount of $128,750 and a contingency amount of $25,000 for work assigned at the sole discretion of the City. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #3 (Promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (Continuously evaluate and assess fiscal aspects of service delivery to ensure that the Police Department provides programs and services efficiently and effectively.). FISCAL IMPACT Funds in the amount of $153,750 are available in Police Special Revenue — Programs machinery and equipment account (no.02414410 66400), and the Police Department the Police Department Building and Facility machinery and equipment account (no. 01114403 66400), for the 2018-19 fiscal year as follows: 25C-2 Agreement with A&H Refrigeration, Inc. March 19, 2019 Page 3 �David-Valentin Chief of Police APPROVED AS T(O�FUNDS �AND ACCOUNTS: Kathryn Downs, CAP uin-Q sc, ) Executive Director Santa Ana Police Department Finance and Management Services Agency Exhibit: 1. Agreement with A&H Refrigeration, Inc. 25C-3 FY 2018-19 02414410 66400 $100,000 01114403 66400 $53,750 $153,750 APPROVED AS T(O�FUNDS �AND ACCOUNTS: Kathryn Downs, CAP uin-Q sc, ) Executive Director Santa Ana Police Department Finance and Management Services Agency Exhibit: 1. Agreement with A&H Refrigeration, Inc. 25C-3 25C-4 Exhibit 1 AGREEMENT WITH A & H REFRIGERATION, INC. TO REPLACE AND INSTALL REFRIGERATION AND FREEZER UNITS THIS AGREEMENT is made and entered into on this 10 day of March, 2019 by and between A & H Refrigeration, 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 October 10, 2018, the City issued a Request for Proposal #18-086 ("RFP") seeking a contractor to replace and install refrigerator and freezer units at the Santa Ana Police Department's evidence room. The City issued an addendum to the RFP extending the deadline for proposals to November 9, 2018. After the City did not receive any proposals from vendors, the City invited 3 qualified vendors and, again, requested proposals. B. On December 21, 2018, Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP and attached hereto as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 a. 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 and set forth in Exhibit A, attached hereto and incorporated by reference. Contractor's proposal shall also be incorporated by reference as though fully set forth herein. b. The parties agree that the services described in this Agreement shall commence upon a date to be determined, and confirmed in writing, by the parties. All work and the closing statements or invoices shall be completed and delivered to the City within the term of this Agreement as noted in Section 3, below. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $153,750. The sum of this amount is comprised of the base amount provided in Option 1 of Exhibit B for $128,750 and a Page 1 of 8 25C-5 contingency amount of $25,000 for work assigned at the sole discretion of the City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 1 TERM This Agreement shall commence on the date first written above for a one (1) year term, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. 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 subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, Page 2 of 8 25C-6 volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate, e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured endorsement. £ If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification Page 3 of 8 25C-7 of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement, The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. Page 4 of 8 25C-8 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 25C-9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION. VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 6 of 8 25C-10 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 property 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: Chief of Police City of Santa Ana 60 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 Fax: 714-245-8007 To Contractor: A & H Refrigeration, Inc. 7111 Garden Grove Blvd. Suite 102 Garden Grove, CA 92841 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and Page 7 of S 25C-11 attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney A By:' 4 UUI V WV W'A' L/ Tamara Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: David Valentin Chief of Police CITY OF SANTA ANA Steven Mendoza Acting City Manager CONTRACTOR: By: Title: 25C-12 Page 8 of 8 EXHIBIT A SCOPE OF SERVICES 25C-13 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSAL (RFP) FOR EVIDENCE REFRIGERATOR/FREEZER UNIT REPLACEMENT SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is Issuing this Request for Proposals (RFP) for evidence refrigerator/freezer unit replacement services. The project will take place in the Santa Ana Police Department's Evidence Unit - 1" floor. All work must be done per these specifications, according to all applicable and acceptable industry standards, of the highest quality workmanship commensurate with required work, and completed by the time required, A. SCOPE OF WORK - GENERAL 1, Provide all materials, tools, equipment and everything else necessary to perform the work per as specified herein. 2. Include minor items, which are necessary to complete repair work, and usually included In similar work even though not specifically mentioned in these specifications. 3. Note that no additional compensation will be allowed due to misunderstandings as to the amount of work involved or lack of knowledge of any existing conditions that could have been discovered or reasonably anticipated prior to submitting the bid. 4. Additional work not specified in these specifications shall be brought to the attention of the City Representative and shall not be performed unless authorized by City Representative. 5. Provide material and workmanship warranty. B. PREPARATION 1. Coordinate pedestrian and vehicular traffic at all times during operations. 2. Provide all necessary barricades, warning tape, and signage required to protect walking and vehicular traffic from work area and work area equipment. 3. Provide temporary security measures for the work site, to secure all equipment and materials and discourage theft, vandalism, and unauthorized entry by the public. 4. Do not admit any person into the work area who is not an employee of the City, Contractor, or subcontractor. 5. Wear visitor identification at all times, which shall be furnished by the Santa Ana Police Department. 6. As previously stated in RFP make sure all contracted employees have been fingerprinted and background checked. 7. Do not damage anything that is intended to remain. City of Santa Ana — RFP for Evidence Refrigerator/Freezer Unit Replacement Services Pa e10 25G-14 8. Remove the to -be -replaced equipment only. 9. Minimize impact to adjacent areas. 10. Ensure that all environmental conditions are appropriate for the required services. 11. Ensure that all equipment, materials, supplies, and consumables meet or better all applicable manufacturer's published specifications and industry standards for items being replaced. 12. Use only brand new, factory -sealed products. C. EXECUTION 1. Replace the equipment and materials as specified herein and according to all manufacturer requirements. D, CLOSEOUT PROCEDURES 1. Notify City Representative, in writing, that work has been inspected, is in compliance with specifications, and ready for City Representative's review. 2. Accompany City Representative on inspections to check for proper installation. 3. Make all necessary adjustments to ensure that all work is complete and performs as designed. 4. Clean up work area. 5. Note that City Representative alone will determine project completion status. E. SCOPE OF WORK — BID SPECIFIC 1. Provide all labor, equipment, material, and everything else necessary to remove existing Refrigerator/freezer unit at the Santa Ana Police Department. 2. Provide temporary secure fencing/barrier with visibility reduction to separate restricted area from construction area throughout duration of the project. 3. Examine the worksites and be self -informed thoroughly with the existing condition and limitations affecting the performance of their work. 4. No additional compensation will be allowed due to misunderstandings as to the amount of work involved or lark of knowledge of any existing conditions that could have been discovered or reasonably anticipated prior to submitting the bid. 5. Contractor is responsible for confirming all dimensions prior to bid submission, removal, and installation of specified materials. 6. Awarded Contractor is required to provide the following services: a. To safely remove and dispose of the existing built-in walk-in refrigerator/freezer unit. 1. Existing refrigerator unit is Koipak (brand) with approximate dimensions of 201 x 8'W x 8'1 "H.(To be verified at Job Walk) 2. Existing freezer unit is Kolpak (brand) with approximate dimensions of 201 x 26'W x 8'1"H.(To be verified at Job Walk) City of Santa Ana — RFP for Evidence Refrigerator/Freezer Unit Replacement Services Peae 25G-15 3. Provide an engineered design and all documents necessary to complete the plan check and permitting process. 4. Provide equipment submittals for the walk-in refrigerator/freezer unit. Include manufacturer, model, refrigeration system components, interior and exterior finish, insulation value, and door design. 5. Provide temporary unit(s) for existing refrigerated and frozen materials. Santa Ana Police Department will be responsible for handling of the materials inside the refrigerator and freezer. 6. Demolish, remove and dispose of all components of the existing walk-in refrigerator/freezer. 7. Upon removal of the walk-in refrigerator/freezer, a 3rd party structural engineer should inspect the existing concrete foundation beneath the walk-in refrigerator/freezer unit. If it is determined by the structural engineer that the existing concrete foundation is damaged, the damaged portion of the foundation should be repaired to a specification approved by the structural engineer. The new refrigerator/freezer unit should not be installed until the condition of the concrete foundation is approved by the structural engineer. 8. Once all components have been removed the proposer will have a 3rd party structural engineer evaluate the structure. b. To provide and install a new walk-in refrigerator/freezer unit to fit as a direct replacement in the space currently occupied by the existing walk-in refrigerator/freezer unit. 1. Include for all labor and materials necessary to complete the installation of a full functioning system. 2. All refrigeration components must be installed in a manner that leaves the system accessible for service and maintenance. 3. Proper sub -flooring and/or insulation barrier must be installed in order to prevent foundation frost heaving. Note: sub -flooring selection should not accommodate the use of palletjacks, forklifts, and/or heavy machinery. 4. New refrigerator/freezer unit shall be installed above ground In order to accommodate proper matting. 5. Sealed cement or galvanized flooring. 6. Complete drywall repair above freezer/refrigerator unit. 7. Maintain existing temperature monitoring alarm system. 8. Lighting in the new refrigerator must be LED lighting. 9. Clean and remove all construction debris from job site. 10. Coordinate the removal of temporary refrigeration/freezer storage unit upon completion of final inspection. c. Test and confirm operation and functionality prior to City Representative project sign -off. City of Santa Ana — RFP for Evidence Refrigerator/Freezer Unit Replacement Services P e12 25C-16 1. The walk-in refrigerator should hold temperature at 38 degrees F with an allowable tolerance of + or— 3 degrees F. 2. The walk-in freezer should hold temperature at 0 degrees F with an allowable tolerance of + or -3 degrees F. d. Provide any training for City Representative, covering maintenance, programming, and general operation. My of Santa Ana —RFP for Evidence Refrigerator/Freezer Unit Replacement Services PA125G--317 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 25C-18 Exhibit a CITY OF SANTA ANA REQUEST FOR PROPOSAL (RFP) FOR EVIDENCE REFRIGERATOR/FREEZER UNIT REPLACEMENT SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a lump sum for services described In Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Option I - Provide cost estimate per the original RFP 18-086 LINE DESCRIPTION UNIT COST I Refrigerator/freezer combo unit complete Installation 1 112,000 2 including all materials, supplies, labor and/or permits, etc. 0 2 Complete concrete slab replacement including ail materials, 1 13,000 supplies, labor and/or permits, etc. 3 Drywall repair work above refrigerator/freezer combo unit 1 3,750 including all materials, supplies, labor and/or permits, etc. 4 Taxes 0 Total Project Cost (Add Lines 1, 2, 3 and 4): 128,750 Option II -Provide cost estimate for phase I, 11, III, and IV of the modified replacement services Phase I LINE DESCRIPTION UNIT COST I Freezer unit complete installation on a new foot print 31'L x 20'W x 9'H (no demo) including all materials, supplies, labor and/or permits, etc. 1 91,000 2 Taxes 0 Total Project Cost (Add Lines 1 and 2): 91,000 Phase II LINE DESCRIPTION UNIT COST 1 Conversion of existing freezer unit 20'L x 26'W x 811 "H into a refrigerator unit including all materials, supplies, labor and/or permits, etc. 1 48,000 2 Taxes 0 Total Project Cost (Add Lines 1 and 2): 48,000 25C-19 Phase III LINE DESCRIPTION UNIT COST I Demo of existing refrigerator unit including replacing common wall, all finish work, re -sizing ceiling, supplies, labor and/or permits, etc. 1 8,750 2 Taxes 0 Total Project Cost (Add Lines I and 2): 8,750 Phase IV LINE DESCRIPTION UNIT COST I Assess flooring in current freezer unit and provide cost+ recommended repair spec. 1 13,000 2 Taxes 0 Total Project Cost (Add Lines 1 and 2): 13,000 FIAT] LINE DESCRIPTION UNIT COST 1 Complete repairs proposed in phase IV. I TBD 2 Taxes Total Project Cost (Add Lines I and 2): A & H REFRIGERATION INC P: 714-800-9888_F: 714-583-8141 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 7111 G4RDEN GROVE BLVD, SUITE 102, GARDEN GROVE, CA 92841 BUSINESS ADDRESS AI 'LE —/ SERVICE MANAGER NAME OF AUTHO IZED AGENT TITLE 12/21/2018 ANTHONYL@ANHREFRIGERATION.COM 2E OF AUTHOR D AGENT DATE E-MAIL ADDRESS 60-0669484 # 0956992 FEDERAL ID NUMBER—� APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND ALS THAT DO NOT CONTAIN THIS PORI 25C-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVE AGREEMENT TO APPOINT KRISTINE RIDGE AS CITY MANAGER EFFECTIVE MAY 1, 2019 (STRATEGIC PLAN NO. 7) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct and authorize the Mayor and Clerk of Council to execute the attached Employment Agreement appointing Kristine Ridge as the City Manager for the City of Santa Ana. DISCUSSION This staff report seeking approval of the proposed City Manager Employment Agreement has been modified to include a more complete discussion of the fiscal impacts. The City Charter Section 500 authorizes the City Council to appoint a City Manager. The City Manager is the chief administrative officer of the City who, under the direction of the City Council is responsible for the proper administration of all affairs of the City. The proposed Employment Agreement, a copy of which is attached as Exhibit 1, is the Agreement the City Council Ad Hoc Committee comprised of Mayor Pulido, Mayor Pro Tem Villegas and Councilmember Penaloza is recommending that the City Council approve. The Agreement provides for all of the following: • Term: The agreement is for a term of three (3) years. The Agreement contains an evergreen provision, which automatically renews the term on an annual basis absent City Council action to the contrary. • Salary and Pay: The agreement provides an annual salary of $290,000, $19,000 deposit to the 457 deferred compensation plan and a car allowance of $500 per month. Benefits: The agreement provides for the same benefits provided to Executive Directors pursuant to the Resolution adopted by Council, and as that may be revised from time -to - time, except as expressly provided for in the agreement. 25D-1 Agreement to Appoint City Manager March 19, 2019 Page 2 • Termination: The agreement provides for at -will employment and does not contain a severance provision. However, it also contains the Government Code disclosure providing that any termination agreed to in the future may not contain a payout of more than 18 months of the value of salary. FISCAL IMPACT If the City Manager candidate begins employment with the City on May 1, 2019, the estimated cost of the Agreement for the remainder of Fiscal Year 2018-19 is $64,137. The estimated cost for Fiscal Year 2019-20 is $388,616. A spreadsheet detailing the estimated costs is attached to this report. The Agreement will be paid from the 61000 series of accounts in the City Manager Accounting Unit 01103010 of the General Fund. Staff expects to provide an update of the City Manager's budget with the updated Mid -Year budget report scheduled for the April 2, 2019 agenda. Providing the Council with a Mid -Year budget report and the Finance Department's requests for various actions is a long standing practice. This practice allows the Council to make necessary adjustments to the budget to reflect current conditions or unanticipated changes. It has also been a long-standing practice of the City not to budget within individual departments for severance payments or cash -outs resulting from staff departures or retirements, as they cannot be anticipated. This year the City Manager's Office experienced a departure with approval of a substantial severance payment and cash -outs for two additional departures which depleted funds in the City Manager's accounting unit. As these actions do not change the operations of the department staff will seek a Mid -Year Budget request rather than an appropriation adjustment because funding the City Manager position was originally anticipated in the Fiscal Year 18-19 Budget and is not the result of anticilpated expenses. Executive Dirdctor Human Resources Department APPROVED AS TO FUNDS AND ACCOUNTS: 14�� Kathryn Downs Executive Director Finance and Management Services Agency Exhibits: 1. City Manager Employment Agreement 2. Estimated Cost of Proposed City Manager Agreement 25D-2 EXHIBIT 1 CITY OF SANTA ANA CITY MANAGER EMPLOYMENT AGREEMENT This City Manager Employment Agreement ("Agreement") is entered into as of the 19th day of March, 2019 (the "Effective Date"), between the City of Santa Ana (hereinafter referred to as the "City") and Kristine Ridge (hereinafter referred to as the "City Manager" or the "Employee"). City and City Manager/Employee are sometimes referred to in this Agreement as "Party" and collectively as "Parties." RECITALS WHEREAS, the City Council of the City desires to appoint and employ Employee as City Manager pursuant to the Charter of the City of Santa Ana ("City Charter"), and WHEREAS, the Employee desires to accept the appointment as the City Manager of the City, and WHEREAS, it is the desire of the City Council and Employee to set forth certain benefits, establish certain conditions of employment and to set certain working conditions of the City Manager in an Employment Agreement. NOW, THEREFORE, the above named Parties hereby mutually agree and promise as follows: 1. Annointment and Term. A. City hereby appoints and retains Kristine Ridge to serve as City Manager of the City of Santa Ana and Kristine Ridge hereby accepts such employment with City beginning on May st 2019, and continuing until City Manager or City Council temmtates this Agreement pursuant to Section 9 below, B. The Term of this Agreement shall be for three years, commencing on M4Y st, 2019 and ending on A rip 130th, 2022, unless extended or terminated as provided herein. On April-apth, 2020, and annually on each succeeding April 30th while this Agreement is effective, the Term of this Agreement shall be automatically extended for one additional year. For example, on April 30th 2020 the Tenn of this Agreement shall be automatically extended until April 3e 2023; on April 30th2021 the Term of this Agreement shall be extended until April 30th, 2024; and so on, unless prior to such date by a majority vote of the total membership of the City Council in attendance at a lawfully called meeting, the City Council takes formal action to declare its intention to not extend this Agreement for one additional year. Any such decision by the City Council to not extend the Tenn by one additional year shall constitute a termination of this Agreement effective upon completion of the remaining two year term. 25D-3 EXHIBIT 1 2. Compensation. 2.1 Anng Salary City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual salary, commencing on the Effective Date, in the amount of two hundred and nighty thousand dollars ($ 290,000.00) (hereinafter "Aminal Salary"), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid. 2.2 Benefits 2.2.1 E iployee eneSts Except as otherwise expressly provided for in this Agreement (ie, sick leave, vacation, car allowance, 457 deferred compensation), City Manager shall be entitled to receive the same benefits provided to other Executive Management employees pursuant to Resolution No. 2015-026, as may be amended from time to time by the City Council. These benefits include, but are not limited, to health insurance (medical, dental, vision), holidays, retiree health savings plan, and disability insurance, and bereavement leave. 2.2.3 Sick Leave Bank Upon employment with the City, City Manager shall be provided a bank of 40 hours of Sick Leave. 2.2.4 Sick Leave Accrual City Manager shall accrue 8 hours of sick leave per month. 2.2.5 Vacation Allowance Upon employment with City, City Manager shall be provided a bank of 80 hours of vacation leave and shall accrue at a monthly rate equal to 160 hours per year. 2.2.6 Ca1PERS Membershin As a classic member under CalPERS, City Manager will be enrolled in the 2.7% at age 55 benefit formula and shall be responsible for paying the corresponding employee contribution per Cal PERS requirements as they exist today or as may be amended by the legislature. As of the effective date of this Agreement the applicable contribution rate for miscellaneous classic members is 8%. 25D-4 EXHIBIT 1 2.2.7 T,ife a ranee City will purchase life insurance for City Manager in the amount of five hundred thousand dollars ($500,000). 2.2.8 Deferred, Compensation 457 Plan) City agrees to provide a Section 457 deferred compensation program for City Manager and to pay the maximum IRC 457 (b) normal contribution limit per year (prorated for 2019) into such program for City Manager's benefit. Payments shall be divided and deposited on City Manager's behalf for each pay period. The normal contribution limit is currently $19,000. 3. Performance Evaluation, The Mayor and the City Council are responsible for setting performance goals on an annual basis in consultation with the City Manager. The City Council shall review and discuss City Manager's performance in or around July of each year commencing in 2019. However, Employee acknowledges and accepts the fact that the City Council as Employer has the right to schedule and an evaluation session at any time in accordance with the notice and all other requirements of the Brown Act. As a result of the performance evaluation and at the City Council's sole discretion, the City Council may provide a salary increase and/or perfonnance bonus. 4. Bonds. City shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance. 5. Transportation and General Business Expenses. 5.1 Vehicle Provision City shall provide City Manager with a vehicle, as well as fuel, maintenance and liability insurance for said vehicle, for City Manager's use in commuting, in the performance of her employment duties and for incidental personal use, or in the alternative, a monthly allowance of $500. 5.2 General Business Expenses A. City agrees to budget and pay for professional dues and subscriptions for City Manager necessary for her continuation and participation in national, regional, state and. local boards, task -forces, conferences and meetings, associations and organizations desirable for City Manager's continued participation, professional growth, and advancement, and for the benefit of the City. 3 25D-5 EXHIBIT 1 S. City agrees to budget and pay for travel and subsistence expenses of City Manager for professional and official travel, board and task -force meetings, and occasions to adequately continue the professional development of City Manager and to pursue necessary official functions for City. C. City shall provide City Manager with the necessary technology tools, including and not limited to computer, software, cell phone and such other technologies as required by City Manager to perform her duties and to maintain communications. 6. Abuse of Office or Position. Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, which became effective on January 1, 2012, if City Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (1) if Manager is provided with administrative leave pay pending an investigation, City Manager shall be required to fully reimburse City such amounts paid; and, (2) if City pays for the criminal legal defense of City Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall be required to fully reimburse City such amounts paid. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code. 7. Not'ces. Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Party, or sent by United States Postal Service, postage prepaid and addressed to the appropriate Party as follows: If to City: City Attorney City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 If to City Manager: Kristine Ridge City Manager Address on File with the Human Resources Department Notice shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 25D-6 L;K0u7.1r5. 8. Duties, Accentance of Anpointinent, Hours of 4Vorlc, Rcuionat Liaison. 8.1 nuties City hereby agrees to employ Employee as City Manager of the City of Santa Ana to perform the functions and duties specified in the City Charter of the City of Santa Ana, and to perform such other legally permissible duties and functions as the City Council may from time to time assign. 8.2 Acceptance of Appointment Employee hereby accepts the appointment as City Manager of the City of Santa Ana subject to all terms and conditions set forth in this Agreement. 8.3 Hours ff Work It is recognized that City Manager devotes a great deal of time outside the normal City Hall office -hours schedule, and to that end, City Manager shall be allowed to establish her work schedule, taking into consideration that she is responsible for the supervision of employees and has responsibilities to serve all departments of the City. 9. Termination, 9.1 Government Code 53260fa1 Disclosure. Government Code section 53260(a) provides that all City employment agreements shall include this disclosure that regardless of the term of the employment agreement, if the agreement is terminated, the maximum cash settlement that an employee may receive shall be an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the agreement. However, if the unexpired term of the agreement is greater than 18 months, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 18. 9.1 Termination — Without Cause The City Council may, in its absolute discretion, terminate the City Manager without cause or reason such termination would be effective upon completion of the term of this Agreement as stated in Section I(B). To terminate the City Manager the termination must be approved by at least two-thirds (2/3) of the members of City Council at a regular meeting held in accordance with the Ralph M, Brown Act (California Government Code Section 54950 et seq.). The City Manager acknowledges the provisions of Section 500 of the Santa Ana City Charter pertaining to notice and adoption of a Resolution and notwithstanding such provisions agrees the 25D-7 EXHIBIT 1 City Council is not required to provide a notice of causes or reasons for termination and is not required to provide any type of hearing regarding termination. 9.2 Termintign - �ige in Form of Government If any of the governing policies pertaining to the role, power, duties, authority, or responsibilities of City Manager are amended to substantially change City's form of government, either by action of the City Council, a duly passed initiative measure or state legislation, City Manager shall have the right to terminate the Agreement. 9.3 Reduction of Salary or Benefit.- If enefits If the City Council reduces the Annual Salary or any other financial benefit of the City Manager in a percentage that is greater than the average reduction of base salary for all executive directors of the City, the City Manager shall have the right to terminate this Agreement. 9.4 Resignation City Manager may voluntarily terminate this Agreement, after giving City at least sixty (60) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the City Council. In the event the City Manager resigns from her employment with City, the City Manager shall not be entitled to any pay or benefits with exception of those which have been lawfully accrued and are payable under the City's existing policies. 9.5 Mutual Agreem nt This Agreement may be terminated without regard to Section 1(B) upon mutual agreement in writing by the Parties. 9.6 T r=Watioi n for Cause Notwithstanding any provision of this Agreement or the Santa Ana City Charter to the contrary, City may terminate City Manager's employment for cause at any time and without prior notice. "Cause" shall include the following reasons: (a) Conviction of a crime, whether misdemeanor or a felony, involving moral turpitude. For purposes of this paragraph, a plea of nolo contendere shall also be considered a conviction. (b) City Manager is determined by a court of competent jurisdiction or the State of California Fair Political Practices Commission to have knowingly and unlawfully participated in a governmental decision in which he had a conflict of interest as defined in Government Code Section 87100, et seq. or Government Code Section 1090 et seg. (c) Failure to follow a lawful directive of the Council after written notice of said failure is provided to City Manager approved by four (4) or more affirmative notes of its seven (7) members. (d) Continued abuse of drugs or alcohol that materially affects the performance of the 6 25D-8 EXHIBIT 1 City Manager's duties. (e) Repeated and protracted unexcused absences from the City Manager's office and duties. (f) Violation of any provision of ICMA Ethics for which ICMA has sanctioned City Manager. 10. General Provisions. 10.1 This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto. 10.2 Each Party agrees and acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party. 10.3 If any provision, or portion thereof, contained in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 10.4 This Agreement shall be governed by and construed in accordance with the law of the State of California. 10.5 This Agreement shall be construed as a whole, according to its fair meaning, and not in favor or against any Party. By way of example and not in limitation, this Agreement shall not be construed in favor of the Party receiving a benefit nor against the Party responsible for any particular language in this Agreement. 10.6 Employee acknowledges that she has had an opportunity to consult legal counsel in regard to this Agreement, that she has read and understands this Agreement, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in this Agreement, 11.. Communications in the Event of Termination. 11.1 In the event the City terminates Employee for any reason or no reason, the City and Employee agree that no member of the City Council or City employees acting on behalf of the City shall make any written, oral, or electronic statement to any member of the public, the press, or any city employee concerning the Employee's termination except in the form of a joint press release or statement, which is mutually 7 25D-9 EXHIBIT 1 agreeable to the City and the Employee. The joint press release or statement shall not contain any text or information that is disparaging to either Party. Either Party trray verbally repeat the substance of the joint press release or statement in response to any inquiry, 12. Indemnification. 12.1 City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of City Manager's duties or resulting from the exercise of her judgment or discretion in connection with the performance of her duties. City shall not unreasonably refuse to provide for legal representation at City's expense, Legal representation, provided by City for City Manager, shall extend until a final determination of the legal action including any and all losses, damages, judgments, interests, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by such City Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of City Manager's duties. 12.2 City agrees to pay all reasonable litigation expenses of City Manager throughout pendency of any City -related litigation to which City Manager is a party, witness or advisor to the City. Such expense payments shall continue beyond City Manager's employment with the City as long as litigation is pending. Post -employment, City agrees to pay City Manager for reasonable consulting fees, travel expenses and other costs, when City Manager serves as a witness, advisor or consultant to City regarding pending Iitigation, 13. Confidentiality, City Manager acknowledges that in the course of her employment contemplated herein, City Manager will be given or will have access to confidential and proprietary documents and information relating to the City, its residents, businesses, employees, and customers ("Confidential Information"). Such Confidential Information may include, but is not limited to, all information given to or otherwise accessible to City Manager tlrat is not public information or would be exempt from public disclosure as confidential, protected, exempt, or privileged information. City Manager shall hold the Confidential Information in trust for the City's benefit and shall not disclose the Confidential Information to others without the express written consent of the City. All Confidential Information shall be promptly returned to the City immediately upon the effective date of any termination or resignation. 14. ]Enforcement. The prevailing party in any action brought to enforce this Agreement or to resolve any dispute or controversy arising under the terms and conditions hereof shall be entitled to payment of reasonable attorneys' fees and costs. 25D-10 EXHIBIT 1 IN WITNESS WHEREOF, the Parties have executed this City Manager Employment Agreement as of the day of 2019, EMPLOYEE/CITY MANAGER Kristine Ridge CITY OF SANTA ANA Approved as to Form: Miguel A, Pulido City Attorney Mayor ATTEST: Norma Mitre Acting Clerk of the Council 9 25D-11 25D-12 Estimated Cost of Proposed City Manager Agreement Monthly Rates $ 32,068 $ 32,385 May 1, 2019 - June 30, 2019 $ 64,137 25D-13 EXHIBIT 2 FY 18-19 FY 19-20 Description Annual Rates Annual Rates Base Salary 290,000 290,000 Deferred Compensation 19,000 19,000 CalPERS Retirement Cost 28,043 31,839 Medical/Dental (Max) 21,480 21,480 LTD/Life Insurance 1,621 1,621 Workers Compensation 14,384 14,384 Medicare 4,292 4,292 Auto Allowance 6,000 6,000 Total Annual Compensation $ 384,820 $ 388,616 Monthly Rates $ 32,068 $ 32,385 May 1, 2019 - June 30, 2019 $ 64,137 25D-13 EXHIBIT 2 25D-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE TRACT MAP NO. 2018-01 TO SUBDIVIDE TWO LOTS INTO SIX LOTS TO FACILITATE THE CONSTRUCTION OF SIX SINGLE-FAMILY RESIDENTIAL UNITS LOCATED AT 1514 AND 1516 NORTH ENGLISH STREET — MARWAN ALRIFAI, APPLICANT {STRATEGIC PLAN NOS. 3,2) ACTING CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UT00-007i4ii, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 21d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council receive and file the staff report approving Tentative Tract Map No. 2018-01 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on February 25, 2019, the Planning Commission by a vote of 7:0, adopted a resolution, pursuant to Section 34-127 of the Santa Ana Municipal Code (SAMC), approving Tentative Tract Map No. 2018-01 as conditioned to subdivide two existing lots into six lots and a private street to facilitate the construction of six single-family residential units at 1514 and 1516 English Street. The subject lots are located within the Low -Density Residential (LR -7) land use designation of the General Plan and are within the Single -Family Residential (R-1) zoning district. All the six lots and the private street comply with the City's standards and regulations and with the State Subdivision Map Act. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit 1). DISCUSSION Marwab Alrifai with Dania Investment, LLC., is proposing to subdivide two existing lots (approximately 1.22 acres) into six lots and a private street in order to facilitate the construction of six new single-family residential units. The subject lots are located within the LR -7 land use designation of the General Plan which allows for the construction of 7 units per acre. In addition, the lots are located within the R-1 zoning district which requires a minimum lot size of 6,000 square feet and a minimum street lot frontage of 50 feet. All the six lots and the private street comply with the City's standards and regulations and with the State Subdivision Map Act. 32A-1 Tentative Tract Map No. 2018-01 — Subdivide Lots at 1514 & 1516 North English Street March 19, 2019 Page 2 The proposed single-family residential units are two-story in height, measure approximately 2,700 square feet and contain four bedrooms and three and a half bathrooms. In addition, each unit contains a 2 -car garage and 2 paved parking spaces. The designs of the proposed single-family residential units are consistent with the City's design guidelines and with the R-1 development standards. Based on a review of the tentative tract map by the Planning Division, Orange County Fire Authority, and Public Works Agency, the project has been designed to be in compliance with the applicable development standards found in Chapter 34 (Subdivision) and 41 (Zoning) of the Santa Ana Municipal Code and with the State Subdivision Map Act. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the project is exempt pursuant to CEQA Guidelines Section 15332, Class 32, In -Fill Development. The proposed project is consistent with both the City of Santa Ana General Plan land use designation that is applicable to the site and the City of Santa Ana Zoning Ordinance. No General Plan Amendment or Zone Change will be required to accommodate this project. In addition, the proposed project complies with the applicable development standards. The project is located within City boundaries and on a site less than five acres. No native or natural habitats are found within the project site or adjacent parcels. The approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project will be adequately served by all required utilities and public services. Based on this analysis, a Notice of Exemption for Environmental Review No. 2014-08 will be filed for this project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT Based on the development of six new single-family residential units, the City is expected to generate approximately $108,000 in permit fees. The full assessed value of the properties is approximately $1,600,000. The estimated assessed value for the individual lots within the proposed subdivision will range from $650,000 to $750,000 for the total estimated value of $4 million. The increased assessed value of approximately $2.4 million would result in additional property tax revenue of approximately $4,560 per year. .---A M Minh Thai Executive Director Planning and Building Agency JG:Ia S:\RFCA\2019\3-19-19\Tenative Tract Map No. 2018-01\TTM No. 2018-01. RFCA.doc Exhibit: 1. Planning Commission Staff Report 32A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 25, 2019 TITLE: PUBLIC HEARING — TENTATIVE TRACT MAP NO. 2018-01 TO ALLOW THE SUBDIVISION OF TWO LOTS INTO SIX LOTS TO FACILITATE THE CONSTRUCTION OF SIX SINGLE FAMILY RESIDENTIAL UNITS LOCATED AT 1514 AND 1518 NORTH ENGLISH STREET. — MARWAN ALRIFAI, APPLICANT {STRATEGIC PLAN NO. 3, 21 Prepared by Jerry C. Guevara Executive Director EXHIBIT 1 PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED Zoning Designation ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manag It is recommended that the Planning Commission adopt a resolution approving Tentative Tract Map No. 2018-01, as conditioned. Executive Summary Marwab Alrifei with Dania Investment, LLC., is requesting approve of Tentative Tract Map No. 2018-01 to allow the subdivision of two existing lots into six lots in order to facilitate the construction of six new single- family residences. Tentative tract map requests are governed by Section 34-119 through 34-318 of the Santa Ana Municipal Code (SAMC) and require approval by the Planning Commission. Staff is recommending approval of the applicant's request due to the project's compliance with the applicable development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the 5AMc. Table 1: Project and Location Information Item information Project Address 1514 81516 North English Street Nearest Intersection English Street and Seventeenth Street General Plan Designation Low -Density Residential (LR -7) Zoning Designation Single Family Residential (R-1) Surrounding Land Uses North 1Sin le -Fa nil Residences East Sin le-Famil Residences South Sin le-Famil Residences West Sin la-Famil Residences Site Size 1.22 Acres (47,232 square feet) Existing Site Development The site is currently develo ed with two single-family residences. Use Permissions Uses Section 41-232 of SAMC Development Standards I Sections 41-233 through 41.420 of SAMC 32A-3 TM 2018-01 February 25, 2019 Page 2 Proiect Description The project consists of subdividing two existing lots into six fee -simple lots and construction of a private street. This will facilitate the construction of six two-story single-family residential units. Pursuant to SAMC Section 34-127, the subdivisions of 5 or more lots require approval by the Planning Commission and City Council. Table 2 and Table 3 below describe the proposed break- down of the buildings and conformance to SAMC Single -Family Residence (R-1) development standards. Table 2: Lot and Unit Information Unit Number Lot Size Unit Size Garage Square Footage Number ofStories, drooms Be' Bathrooms. Private ' Laundry 1 6,021 SF 2,671 SF 425 SF 2 4 3.5 Yes 2 6,042 SF 2,740 SF 440 SF 2 4 3.5 Yes 3 6,285 SF 2,560 SF 425 SF 2 4 3.5 Yes 4 6,421 SF 2,703 SF 440 SF 2 4 3.5tYes 5 6,005 SF 2,722 SF 427 SF 2 4 3.5 5 6,016 SF 2,770 SF 419 SF 2 4 3.5 Table 3: R-1 Development Standards Standard Allowed per SAMC Provided Height 27 feet maximum 24 feet (complies) Front Setback 20 feet minimum 20 feet (complies) Side Setback 5 feet 5 feet (complies) Rear Setback 20 feet 20 feet (complies) Patio Rear Setback 10 feet 10 feet (complies) Off -Street Parking Two -car garage + two guest parking spaces Complies Lot Coverage 35% Maximum 34% (complies) Lot Size 6,000 SF minimum 6,005 SF to 6,421 SF (complies) Lot Width 50 feet minimum 50 FT to 80 FT (complies) Each lot is different in shape and size but meets the minimum square footage required per code and Is consistent in size with neighboring lots. The proposed single-family residences are two- story in height, measure approximately 2,700 square feet and contain four bedrooms and three and a half bathrooms. To best utilize the lots, homes were designed with custom floor plans and elevations. As a result, each single-family residence has been architecturally designed to be different from one another to create a variation between residences and to be complementary with the variety of home styles in the neighborhood. The two corner lots have been designed to have primary entrances facing English Street in order to maintain a street presence. The 32A-4 TM 2018-01 February 25, 2019 Page 3 remaining lots have primary entrances and access off the proposed private street. The private street has been designed to comply with the requirements of the Public Works Agency and covenants, conditions and restrictions (CC&Rs) will be drafted and recorded with the Final Map to ensure proper maintenance and preservation of the private street. Project Background The subject properties were developed with single-family residential units in the 1940s and no major alterations and/or additions have been made since. Dania Investment, LLC, purchased the properties in 2014 with the intent of redeveloping the site. A development project application (DP No. 2014-08) was submitted to the Planning Division in 2014 for the subdivision and redevelopment of the properties. Since then, the applicant has been working with Planning and Public Works staff to address code requirements and to ensure the proposed development is integrated and compatible with the surrounding community. Prnjwect Analysis Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and Section 66474 of the California Subdivision Map Act, applications for tentative tract maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal need to be made that find the project is: consistent with the General Plan; the site is physically suitable for the type and density of the proposed use; the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat; the proposed project will not cause serious public health problems; and the proposed project will not conflict with easements necessary for public access through or use of the property. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the applicant's request, staff believes that the following analysis warrants approval of the tentative tract map. The applicant is seeking approval of a tentative tract map to subdivide two existing lots into six lots and construction of a private street to facilitate the construction of six new single-family residences. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City's Zoning Code and General Plan, including lot size, lot coverage, and parking. Covenants, Conditions and Restrictions (CC&Rs) will be adopted to define the operating and maintenance requirements for the lots and private street to ensure proper maintenance. In addition, the CC&Rs will also create a property owner's association responsible for maintenance and enforcement of the CC&R provisions. Lastly, the proposed subdivision is consistent with the Low Density Residential (LR -7) General Plan land use designation and all other elements of the General Pian. 32A-5 TM 2018-01 February 25, 2019 Page 4 No adverse environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. Finally, the tentative tract map was found to be consistent with the California Subdivision Map Act and Chapter 34 of the SAMC. Table 4: CEQA Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type Exempt pursuant to CEQA Guidelines Section 15332, Class 32, In -fill Development Document Type Notice of Exemption, Environmental Review No. 2014.14 The proposed project is consistent with both the City of Santa Ana General Plan land use designation that is applicable to the site and the City of Santa Ana Zoning Ordinance. No General Plan Amendment or Zone Change will be required to accommodate this project. In addition, the proposed project complies with the applicable development standards. Reason(s) Exempt or The project is located within City boundaries and on a site less than five acres. No native Analysis or natural habitats are found within the project site or adjacent parcels. The approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project will be adequately served by all required utilities and public services. Strategic Plan Alignment' Approval of this item supports the City's efforts to meet Goal #3 — Economic Goal(s), Policy or Development, Objective #2 (create new opportunities for business/job growth and Policies encourage private development through new General Plan and Zoning policies) Public Notification & Community Outreach A public notice was posted on the project site on February 12, 2019. Notification by mail was mailed to all property owners and occupants within 500 feet of Required Measures the project site on February 12, 2019. Newspaper posting was published in the Orange County Reporter on February 12, 2019. The representatives of Artesia Pillar and Riverview neighborhood associations were Additional Measures contacted to identify any areas of concern due to the proposed project. At the time this report was printed, no Issues of concern were raised regarding the proposed development. Economic Development Benefits Based on the development of six new single-family residences, the City is expected to generate approximately $108,000 In permit fees, The full assessed value of the properties is approximately $1,600,000. The estimated assessed value for the Individual tots within the proposed subdivision will range from $650,000 to $750,000 for the total estimated value of $4 million. Concluslon Based on the analysis provided within this report, staff recommends that the Planning Commission approve Tentative Tract Map No, 2018-01 as conditioned. 32A-6 TM 2018-01 February 25, 2019 Page 5 JG:S:1PIonning Commission1201012-25-191TTM No. 2018.011TTM No. 2018-01,po.dou TTM No, 2018-01 February 25, 2019 Page 5 Exhibits: 1 — Resolution 2 — Vicinity Zoning and Aerial Map 3 — Site Photo 4 — Tentative Tract Map 5 — Floor Plans and Elevations 32A-7 LS 2.25.19 RESOLUTION NO. 2019-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP NO. 2018-01 AS CONDITIONED TO ALLOW THE SUBDIVISION OF TWO EXISTING LOTS INTO SIX FEE -SIMPLE LOTS AT 1514 AND 1516 NORTH ENGLISH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Marwan Aififai with Dania Investment, LLC ("Applicant') is requesting approval of Tentative Tract Map No. 2018-01 to subdivide two existing lots Into six fee -simple lots and a private street to facilitate the construction of six new single-family residential units at 1514 and 1516 North English Street, B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 34-127, the Planning Commission Is authorized to review and approve tentative tract maps. C. Tentative Tract Map No. 2018-01 came before the Planning Commission of the City of Santa Ana on February 25, 2019, for a duly noticed public hearing. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to approve Tentative Tract Map No. 2018-01, have been established as required by Section 34- 127 of the SAMC and the California Subdivision Map Act: 1. The proposed project and its design and improvements are consistent with the Low Density Residential (LR -7) land use designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed project and its design and Improvements will be consistent with the Low Density Residential (LR -7) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan. The proposed subdivision of land will create six (6) legal lots and will be consistent with the various provisions of the General Pian. Resolution No. 2019-06 Page 1 of 7 32A-8 Z The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project will conform to all of the requirements of the City's zoning and subdivision ordinances and all other applicable codes. The proposed project conforms to the Single -Family Residence (R-1) provisions of the zoning code that pertain to lot size and width, lot coverage, parking, and landscaping; by doing so, the project and the construction within the project site guarantee conformance to all development standards of the R-1 zoning district. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that would preclude development, The proposed site consists of approximately 1.22 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neighborhood. 4. The design and Improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design or Improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2014-08. Resolution No. 2019-06 Page 2 of 7 32A-9 The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design and improvements of the proposed project will not conflict with easements necessary for public access or use of the property within the proposed project. The conceptual design of all construction for the property will not affect potential improvements to English Street. In addition, the application will be recording covenants, conditions and restrictions (CC&Rs) to ensure reciprocal rights and maintenance agreements between properties. Section 2. In accordance with the California Environmental Quality Act (CEQA), the project is exempt pursuant to CEQA Guidelines Section 16332, Class 32, In -Fill Development. The proposed project is consistent with both the City of Santa Ana General Plan land use designation that is applicable to the site and the City of Santa Ana Zoning Ordinance, No General Plan Amendment or Zone Change will be required to accommodate this project. In addition, the proposed project complies with the applicable development standards. The project is located within City boundaries and on a site less than five acres, No native or natural habitats are found within the project site or adjacent parcels. The approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project will be adequately served by all required utilities and public services. Based on this analysis, a Notice of Exemption for Environmental Review No. 2014-08 will be filed for this project. Section 3. The Applicant .agrees ,to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Tentative Tract Map No. 2018-01 as conditioned in "Exhibit A", attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 25, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-06 Page 3 of 7 32A-10 ADOPTED this 26" day of February 2019 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: U, Lisarck'.� Assis ant City AttoFney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-06 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 25, 2019. Date: Recording Secretary City of Santa Ana 32A-11 Resolution No. 2019-06 Page 4 of 7 EXHIBIT A Conditions of Approval for Tentative Tract Map No. 2018-01 Tentative Tract Map No. 2018-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the following conditions of approval are applicable: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result In the revocation of the tentative tract map. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2014-08, 2. Any amendment to this Tentative Tract Map, including modifications to approved materials, finishes, architecture, site plan, landscaping, parking, and square footages, must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief Is available or if the site plan review must be amended. 3. Applicant must submit Covenants, Conditions and Restrictions (CC&R's).for the project to the case planner for review and approval prior to the Final Map being recorded. 4. The Final Map must be approved and recorded prior to issuance of building permits. 5. The Final Map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Two copies of the recorded Final Map and CC&Rs shall be submitted to the Planning Division, Building Division, Public Works Agency and Orange County Fire Authority (OCFA) within 10 days of recordation. Resolution No. 2019-06 Page 5 of 7 32A-12 7. Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement or incorporate the form of this condition within the Projects CC&R's with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. Resolution No. 2019.06 Page 6 of 7 32A-13 f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remedlation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property.. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the final map being recorded. Resolution No. 2019-06 Page 7 of 7 32A-14 2/5/2019 0 n 9019 Dinital Man Products. All rlahts reserved. http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild32AAi4.6l 1/1 < 2�m<: g - _ 3 : \> ? . \ .� �\ ������/�/ �� � � /�� \ r� § « \ � \� �/\ � � � : z «� � /� � 9 \��/ � \ ��»z z r, § �p pp K111111 ��HIai1! 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MWll13M .k nn w=. rl. �•• g p N z ;maz I NNW' OO 31NN01,8 ysaxuxvJ3IEravvwr 4WVIAN01'YlW S3WOH AlIWtld 3lDN15 M3N9 �S� .ev.wnnan yozrova WtlNH3B 30M03D 9I 3RFH�N.@B 00& WJ OISINIMM j." x'• • 'i a Z M1 ssNar'sn ve N6vwvv.wve y+"� T .e w.m vuxrma � I� a xoxa-uamnrvW Y OO j 3V'I AANONOI'U 8W tIW S3WOH AlIWVd 310NIS WIN stab`_ aoaalxoea�$3 o $ w nsmun f : WtlNH39 30a039 I F � I p I M 19,4 ly I i d?�$N�i fi � I� S•, yy IL £ P � d fi i$ m Y�F a 1< z 32A-22 32A-23 32A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED 11 RECEIVE AND FILE STAFF REPORT ❑❑ APPROVING TENTATIVE PARCEL MAP ❑ NO. 2017-02 (COUNTY MAP NO. 2017-157) ❑ TO SUBDIVIDE A PARCEL INTO TWO ❑ LOTS AT 200 EAST FIRST AMERICAN WAY — KI RYU, APPLICANT (STRATEGIC PLAN NOS. 3,21 CITY MANAGER RECOMMENDED ACTION As Recommended As Amended Ordinance on 1s' Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council receive and file the staff report approving Tentative Parcel Map No. 2017-02 (County Map No. 2017-157) as conditioned. PLANNING COMMISSION ACTION At its regular meeting on January 16, 2019, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2017-02 as conditioned to subdivide an existing lot into two parcels at 200 East First American Way located in the Specific Development No. 43 (SD -43) zoning district. The approval was made pursuant to Section 34-126 of the Santa Ana Municipal Code (SAMC). The Zoning Administrator made two changes to the conditions of approval to clarify the conditions related to landscaping and conditions, covenants and restrictions (CC&R's) for the project. A condition of approval was also added that requires security fencing around the smaller remnant parcel (Exhibit A). DISCUSSION In 2017, The Legado Company received approval for a 278 -unit apartment project on a 3.1 -acre parcel of land. As part of the entitlements, the City Council set aside a section of land at the east end of the parcel for future high-rise development. Although a development proposal has not been submitted for this remainder section of land, staff has had discussions with the developer on various options, including a high-rise apartment tower and/or a hotel. Consistent with the Council's 2017 action, the applicant received approval from the Zoning Administrator to subdivide the 3.1—acre parcel into two lots. Parcel 1 is a 2.18 -acre parcel that will be occupied by the 278 -unit Legado at the Met mid -rise apartment development which has been entitled and is awaiting submittal into building plan check. This parcel is an irregular shaped lot that 32B-1 TPM No. 2017-02 — Subdivide Parcel at 200 East First American Way March 19, 2019 Page 2 is roughly 270 feet in width by 300 feet in length. Access to this parcel will be from a future driveway on First American Way. Parcel 2 will be a remainder vacant parcel that will be approximately 0.92 - acres in size. This irregularly shaped lot is approximately 110 feet in width and 330 feet in length, with access also to be taken from First American Way. Based on a review of the tentative parcel map by the Planning Division, Orange County Fire Authority, and Public Works Agency, the project has been designed to be in compliance with all applicable State codes as well as the development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the SAMC. Further, the map complies with all applicable SD -43 zoning district requirements, which do not have a minimum lot area or lot width standard. Table 1: Project and Location Information Project Address 200 East First American Way Nearest Intersection MacArthur Boulevard and MacArthur Place General Plan Designation District Center (DC) Zoning Designation Specific Development No. 43 (SD -43) Surrounding Land Uses North Office Uses East Office Uses/Parking Structure South Commercial/Office Use/Hotel West Hotel/Commercial Multi -Family Residential Property Size 3.1 Acres Existing Site Development The site is currently vacant Use Permissions Uses SD -43 Development Standards SD -43 Covenants, Conditions and Restrictions (CC&Rs) will be established once construction has commenced on both properties to define the operating and maintenance responsibilities for the parcels. The CC&Rs will also create a property owner's association responsible for maintenance and enforcement of the provisions contained within the CC&Rs. Any future easements and/or parking agreements will be incorporated into the CC&R's. Finally, the proposed subdivision is consistent with the District Center (DC) General Plan land use designation and all other elements of the General Plan. Full-sized site plans are available for public viewing in the Clerk of the Council Office. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2017-99 will be filed for this project. 32B-2 TPM No. 2017-02 — Subdivide Parcel at 200 East First American Way March 19, 2019 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency VF:la S: RFCA\2019\03-5-19\PBA TTM 2017-02 RFCA Exhibit: 1. Zoning Administrator Staff Report 32B-3 32B-4 REQUEST '.. A � Zoning Administrator Action Y f. Z 9 T ZONING •- MEETING D. 1� FORN TITLE: PUBLIC HEARING -- FILED BY KI RYU FOR TENTATIVE PARCEL MAP NO. 2017-02 (COUNTY MAP NO. 2017-157) TO SUBDIVIDE A PARCEL INTO TWO LOTS AT 200 EAST FIRST AMERICAN WAY (STRATEGIC PLAN NO. 3, 21 Prepared by Vince Fregoso� EXHIBIT 1 ZONING ADMINISTRATOR SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Mtger�' T ---..-- Adopt a resolution approving Tentative Parcel Map No. 2017-02 (County Map No. 2017-157) as conditioned. Re ug est of Applicant Ki Ryu, representing Legado at the Met LLC, is requesting approval of a tentative parcel map to subdivide an existing parcel into two lots at 200 East First American Way. Applications for commercial subdivisions of fewer than five parcels require approval of a parcel map by the Zoning Administrator pursuant to Section 34-126 of the Santa Ana Municipal Code (SAMC), Project Location and Site Description The project is located on a 3.1 -acre parcel of land located at the northeast corner of MacArthur Boulevard and MacArthur Place. The property Is rectangular in shape and relatively flat, but is situated approximately 25 feet below East First American Way, which is the northern border of the parcel. The site is currently vacant but has an approved entitlement to allow a 278 -unit apartment complex at the western side of the parcel. The subject site is located in the Specific Development No. 43 (SD -43) zoning district and has a General Plan land use designation of District Center (DC). The proposed use is consistent with both the zoning and General Plan designations. Land uses surrounding the site include high-rise office towers to the north, multi -family residential, a hotel and a commercial center to the south, mid -rise office towers and vacant land to the east, and a hotel, commercial and multi -family residential uses to the west. 32B-5 Tentative Parcel Map No. 2017-02 January 16, 2019 Page 2 Prolect Description The applicant is requesting approval of a parcel map to subdivide an existing 3.1—acre, vacant parcel of land into two lots. Parcel 1 will be 2.18 -acres in size and will be occupied by the Legado at the Met, a 278 -unit mid -rise apartment development that was most recently entitled in 2015 but has yet to be submitted into building plan check. Parcel 2 will be a remainder parcel that will be approximately 0.92 -acres in size. No development proposal has been submitted for this portion of the parcel. Prolect Background In 2005, the City Council approved several entitlements for the Geneva Commons project, a 278 -unit development that consisted of an eight -story and an 18 -story building. Due to a downturn in the economy, the developer was never able to move forward with the project. In 2015, Legado purchased the site and entitled a 284 -unit development that consisted of one five -story structure. Subsequently, Legado revised the entitlements and received approval to construct a 278 -unit apartment project over the majority of the site, carving out a 0.90 -acre section of the parcel at the east end for future high- rise development. Although, a development proposal has not been submitted for this remainder parcel, staff has had discussions with the developer on various options, including a high-rise apartment tower and/or a hotel. Proposals to create subdivisions of less than five parcels, such as the current project, require review and approval by the Zoning Administrator. Prolect Anaivsls Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative parcel maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal being consistent with the General Plan, the site is in conformance with all applicable City ordinances, the project site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained In this report. In analyzing the applicant's request, staff believes that the following analysis warrants approval of the tentative parcel map. The applicant is seeking approval of a tentative parcel map to subdivide the 3.1 -acre parcel into two lots. In conjunction with the parcel map, the applicant is intending to start construction on a 278 -unit apartment development on the larger 2.18 -acre parcel while pursuing various development opportunities on the smaller 0.92 -acre site. Since this application is only to subdivide the lot into two parcels, no major Issues were identified with the proposal. In reviewing the project, staff determined that the proposal as conditioned is consistent with the various provisions of the City's Zoning Code, the Specific Development No. 43 (SD -43) provisions, and General Plan, including lot size, lot frontage, setbacks, lot coverage, and parking. Conditions of approval are proposed for the map to ensure the vacant parcel is maintained and does not become a blight on the area. No adverse Tentative Parcel Map No. 2017-02 January 16, 2019 Page 3 environmental impacts to fish or wildlife populations were identified as the project site is located in a built -out, urbanized area. Finally, the tentative parcel map was found to be consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code. Pwbhc Notification The project site is located not within the boundaries of a Neighborhood Association but is adjacent to the Sandpointe Neighborhood Association. The president of this Neighborhood Association was contacted by staff and was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from the neighborhood president or from any members of the public. CEQA Corr pLk nce In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15315, This Class 15 exemption allows for the minor division of property provided it is in an urbanized area, is in conformance with the General Plan and Zoning, consists of four or fewer parcels, does not require any variances or other exceptions, was not involved in a division of a larger parcel within the past two years, and does not contain an average slope of greater than 20 percent. As the project entails the subdivision of an existing parcel of land into two lots, the buildings and sites will be in compliance with all provision of the Municipal Code, no adverse environmental impacts will result from the subdivision of land, the project does not require any variances, and the proposal involves a relatively flat parcel, it has been determined that the project will not have an effect on the environment, Categorical Exemption Environmental Review No. 2017-99 will be filed for this project. Strategic Plan Alitlnment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2. (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) of the Santa Ana Strategic Plan. Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Tentative Parcel Map No. 2017-02 as conditioned. 32B-7 Tentative Parcel Map No. 2017-02 January 16, 2019 Page 4 LOOM14►2.- �N/ JF iICAIlq Vine Fregoso, AICP Principal Planner VF:sb Moporifff'M V-2 Legado at the Met.01101 B,za Exhibits: 1, Resolution 2. Vicinity Map 3. Site Plan 4. Tentative Parcel Map LS 01.10.19 RESOLUTION NO.2019-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP 2017-02 (COUNTY MAP NO. 2017-157) AS CONDITIONED TO SUBDIVIDE A PARCEL INTO TWO LOTS AT 200 EAST FIRST AMERICAN WAY BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a Tentative Parcel Map to allow the subdivision of a parcel into two lots at 200 East First American Way, B. Santa Ana Municipal Code Section 34-126 requires approval of a Tentative Parcel Map by the Zoning Administrator. C. On January 16, 2019, the Zoning Administrator held a duly noticed public hearing on Tentative Parcel Map 2017-02. D. The Zoning Administrator of the City of Santa Ana determines that the following findings, which must be established in order to approve this Tentative Parcel Map pursuant to Santa Ana Municipal Code (SAMC) Section 34-126 and the State Subdivision Map Act, have been established for Tentative Parcel Map 2017-02: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Specific Development No. 43 (SD -43) zoning district provisions and are otherwise consistent with all other Elements of the General Plan. The proposed project, as conditioned, and its design and Improvements will be consistent with the District Center (DC) land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land will create two parcels that will remain consistent with the various provisions of the General Plan, including the maximum allowable floor area ratio. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Resolution No. 2019-xx Page 1 of 6 32B-9 LS 01,15.19 The proposed project, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the land use provisions of the zoning code that pertain to lot size, lot frontage, landscaping, setbacks, lot coverage, and parking. 3, The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project, The proposed project consists of the subdivision of a parcel into two lots, with a new 278 -unit apartment development entitled for the larger 2.18 -acre parcel that will be created (Parcel 1). The remaining 0,92 -acre lot (Parcel 2) will remain physically suitable for the site, will be in compliance with all applicable development standards of the zoning district, and is able to accommodate future construction. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably Injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably Injure fish and wildlife or their habitat. Since the project site is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious public health problems, The proposed subdivision will not have any detrimental effects upon the general public. Each lot will Include the necessary utilities and infrastructure improvements as required under Development Project Review/TPM No. 2017-02. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the Resolution No. 2019-xx Page 2 of 6 32B-10 LS 01.16.19 property within the proposed project. No known easements currently exist on the property. The Applicant will ensure that all necessary easements, including but not limited to access, egress and drainage are provided once construction commences on the sites. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15315 (Class 15). This Class 15 exemption allows for the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, was not involved in a division of a larger parcel within the previous two years, and does not contain an average slope of greater than 20 percent. As the project entails the subdivision of an existing parcel of land into two lots, the buildings and sites will be In compliance with all provisions of the Municipal Code, no adverse environmental impacts will result from the subdivision of land, the project does not require any variances, and the proposal involves a relatively flat parcel, it has been determined that the project will not have an effect on the environment. Categorical Exemption Environmental Review No. 2017-99 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, Its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. SS ctjon 44, The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map 2017.02, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 200 East (First American Way. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Zoning Administrator Action dated January 16, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 16th day of January, 2019. Verny Carvajal, AICP Zoning Administrator Resolution No. 2019-xx Page 3 of 6 32B-11 LS 01.18.18 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney - -- Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY i, Sarah Bemal, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 16, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx Page 4 of 6 32B-12 LS 01.16.19 EXHIBIT A Conditions of Approval Tentative Parcel Map No. 2017-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this approval. The Applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. 1. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 2. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. Landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and installed at the time of recordation of Parcel No. 2 (Amended by the Zoning Administrator on January 16, 2019). 4. The Applicant shall submit for review and approval Conditions, Covenants and Restrictions (CC&R's) for the project. At a minimum, the CC&R's shall cover access, egress, drainage, and landscape maintenance (Amended by the Zoning Administrator on January 16, 2019). 5. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 6. The project must be in compliance with the provisions of Development Project ReviewlTPM (TPM No. 2017-02), Resolution No. 21718-xx Page 5 of 6 32B-13 LS 61.16.19 7. The property shall be maintained at all times. All weeds, debris and graffiti shall be removed within 24 hours. Further, the perimeter fence shall be maintained in a clean and sturdy condition. 8. The north, south and east property lines of Parcel No. 2 shall be fenced with a decorative 6 -Coot high wrought iron security fence (Added by the Zoning Administrator on January 16, 2019). Resolution No. 2019-xx Page 6 of 6 32B-14 1/6/2019 VICINITY ZONING AND AERIAL VIEW - fd 2014 Dinil-A Man Prthi0q. All rinhl-% recf.rved. http,//apps.spatialstream.com/productior✓dashboard/8/9/0/CurrentSuildlt3Y9i' ll S 1/1 t 4-- 32B-16 .yPN FMOCMGE , aN�.R SOY3 VEC' NfIPKI Sif42R ;PIN d.°uF wnfl uxax AV tl04% fie21 PeYC 14-96 k • x, { a g P., 77, , . f{ S$ X C{fl 8 it �P • �3�I yr ie� A � ch �n�'.Y p.te 7 b SSI§ fESz '. 5 Si k ✓S a t z � G¢ �' k Iv 1 � wa � >•�N a' i i � P iii8 �.���� ��� Na "f(. IRNp VST' MSiNYI fERIfP € P � ilJ M M1C[ UBUp �' 1A 0U11:69 PnIX4A-nB I lig / ,l�/ � i I 0 0[S 0€ 0 "U,1 t �f @bt3 I [4 e 1 tt£x sY k{� N. Q IP i a0 p',1c£ E L i7 + d y �yY u I CG lJ tRC € FdfE {pt@ 555€{rYr$� Y4 FI d! y4 LfEC k e P--�— THE MET TENTATIVE PARCEL MAP NO. 2019—m .�`�— - W BkF ti ...— Cllr oP WM nne cnuNr, a @iewCi s3nfli o; cAl"OR"', WbE wY �•��, 32B-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE PARCEL MAP NO. 2017-03 TO COMBINE FIVE LOTS AND CREATE TWO PARCELS AT 521-645 NORTH ROSS STREET, 620 NORTH BROADWAY AND 333 WEST SANTA ANA BOULEVARD - COUNTY OF ORANGE, APPLICANT {STRATEGIC PLAN NOS. 3,2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r92 9001 X ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO I�II�@pll�illd7 It is recommended that the City Council receive and file the staff report approving Tentative Parcel Map No. 2017-03 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on January 16, 2019, the Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2017-03 as conditioned to combine five existing lots and create two new parcels at 521-645 North Ross Street, 620 North Broadway and 333 West Santa Ana Boulevard located in the Specific Development No. 84 (SD -84) zoning district. The approval was made pursuant to Section 34-126 of the Santa Ana Municipal Code (SAMC). The Zoning Administrator made no changes to the conditions of approval for the project (Exhibit A). DISCUSSION The County of Orange is requesting approval of a parcel map to merge five existing parcels within the Civic Center area into one site and to subdivide the merged parcels into two parcels of land. Parcel 1 will be a 3 -acre site for County Building 16, a six -story, 247,969 square foot office building with two levels of subterranean parking (350 vehicles) currently under construction on North Ross Street. This parcel is an irregular shaped lot that is roughly 270 feet in width by 430 feet in length. Access to this parcel will be from a new driveway on Ross Street. Parcel 2 will be an 8.746 -acre site that is currently occupied by three County Buildings: Building 10 (Hall of Administration), Building 12 (Hall of Finance) and Building 14 (Public Defender) as well as surface and subterranean parking areas. This lot is "L-shaped" and is approximately 620 feet wide at its greatest width and 800 feet in length, with access taken from several existing driveways on Civic Center Drive and Santa Ana Boulevard. Based on a review of the tentative parcel map by the Planning Division, 32C-1 TPM No. 2017-03 — Subdivide Parcel at 521-645 N. Ross Street, 620 N. Broadway and 333 W. Santa Ana Boulevard March 19, 2019 Page 2 Orange County Fire Authority, and Public Works Agency, the project has been designed to be in compliance with all applicable State codes as well as the development standards found in Chapters 34 (Subdivision) and 41 (Zoning) of the SAMC. Further, the map complies with all applicable SD -84 zoning district requirements, which do not have a minimum lot area or lot width standard. Table 1; Proiect and Location Information Project Address c521-645 North Ross Street, 620 North Broadway and 333 West Santa Ana Boulevard Nearest Intersection Civic Center Drive and Ross Street General Plan Designation Institutional (INS) Zoning Designation Specific Development No. 84 (SD -84) with a Government Center subzone North Office Uses East Office Uses Surrounding Land Uses South Office Uses West Office Uses Property Size 11.76 Acres Existing Site Development The site is currently occupied with government office buildings and parking lots. Uses SD -84 Use Permissions Development Standards SD -84 Properties within the area of the map are governed by a Civic Center Authority that is responsible for the operating and maintenance responsibilities for all parcels within the Civic Center area. The Authority is also responsible for maintenance and enforcement of the rules and regulations of the Civic Center area. Finally, the proposed subdivision is consistent with the Institutional (INS) General Plan land use designation and all other elements of the General Plan. Full-sized site plans are available for public viewing in the Clerk of the Council Office. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2018-139 will be filed for this project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). 32C-2 TPM No. 2017-03 — Subdivide Parcel at 521-645 N. Ross Street, 620 N. Broadway and 333 W. Santa Ana Boulevard March 19, 2019 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. o ` Minh Thai Executive Director Planning and Building Agency VF:Ia S:RFCA\2019\03-5-19\TPM 2017-03 RFCA Exhibit: 1. Request for Zoning Administrator Action — January 16, 2019 32C-3 32C-4 REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: JANUARY 16, 2019 _;MiLAA-Iffij Qy ~waw a a PLANNING COMMISSION SECRETARY +r u►' TITLE: PUBLIC WEARING — FILED BY THE COUNTY OF ORANGE FOR TENTATIVE PARCEL MAP NO. 201703 (COUNTY MAP NO. 20116-1182) TO COMBINE FIVE LOTS AND CREATE TWO PARCELS AT 521.645 NORTH ROSS STREET, 620 NORTH BROADWAY AND 333 WEST SANTA ANA BOULEVARD {STRATEGIC PLAN NOS. 3,2) Prepared by Vince Fregoso • APPROVED Q As Recommended Q As Amended Q Set Public Hearing For DENIED Q ApplicanV9 Request Q Staff Recommendation CONTINUED TO Planning Ma gees— -- Adopt a resolution approving Tentative Parcel Map No. 2017-03 (County Map No. 2016-182) as conditioned. Request of Anplicant Scott Dessort, representing the County of Orange, Is requesting approval of a tentative parcel map to merge five existing lots and create two new parcels far the Countyof Orange government complex. Applications for commercial subdivisions of fewer than five parcels require approval of a parcel map by the Zoning Administrator pursuant to Section 34126 of the Santa Ana Municipal Code (SAMC), Protect Location and Site Description The project Is located on a 11.746 -acre site that is bordered by Civic Center Drive to the north, Santa Ana Boulevard to the south, Broadway to the east and Ross Street to the west. The property is flat and semi -irregular in shape and is currently improved with three office buildings that are occupied by the County of Orange for government purposes. The subject site is located in the Specific Development No. 84 (SD-84frransit Zoning Code) zoning district with a subzone designation of Government Center (GC). The property also has a General Plan land use designation of Institutional (INS). The existing uses are consistentwith both the zoning and General Plan designations. Land uses surrounding the site include office uses to the north, an office building and the former OCTA Transit Terminal (currently operating as a temporary homeless shelter) to the south, and government office and court uses to the east and west (Exhibits 2, 3, and 4). 32C-5 Tentative Parcel Map No. 2017-03 January 16, 2019 Page 2 Protect Description The applicant is requesting approval of a parcel map to conduct two actions: Merge five parcels into one site, and subdivide the merged parcels into two parcels of land. Parcel 1 will be 3 -acre site that will be occupied by County Building 16, a new six -story, 247,069 square foot office building over two levels of subterranean parking for 350 vehicles that is currently under construction. Parcel 2 will be an 8.746 -acre site that currently occupied by three County Buildings: Building 10 (Hell of Administration), Building 12 (Hall of Finance) and Building 14 (Public Defender) as well as surface and subterranean parking areas. Prolect Background In March 1054, building permits were issued for the development of an office (Welfare) building for the County of Orange. In 2016, the County prepared a master plan of development for the Civic Center complex, which included the County office buildings. Included in the master plan was the demolition of the existing County Coroners building, which was used for storage after the Coroner relocated to Santa Ana Boulevard, and the construction of a new mid -rise office building. In late 2018, the County commenced construction on the six -story, approximately 250,000 square foot building. In order to create a separate parcel for the building, the County submitted an application that would merge five existing parcels and create two properties, one for the new building and the other for the remaining County buildings. Proposals to create subdivisions of less than five parcels, such as the current project, require review and approval by the Zoning Administrator. Prolect Analysis Subdivision requests are governed by Chapter 34 and Chapter 41 of the SAMC. Pursuant to Section 66473.5 and 66474 of the California Subdivision Map Act, applications for tentative parcel maps are approved when it can be shown that findings can be made in support of the request. Specifically, findings related to the proposal being consistent with the General Plan, the site Is In conformance with all applicable City ordinances, the project site is physically suitable for the type and density of the proposed project, the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat, the proposed project will not cause serious public health problems, or the proposed project will not conflict with easements necessary for public access through or use of the property must be made. Using this Information staff has prepared the following analysis, which, In turn forms the basis for the recommendation contained in this report. in analyzing the applicant's request, staff believes that the following analysis warrants approval of the tentative parcel map. The applicant is seeking approval of a tentative parcel map to merge five existing parcels into two lots forthe County of Orange. In conjunction with the parcel map, the County is currently constructing an approximately 250,000 square foot office building that will be located on Parcel 1, The remaining three County buildings will be located on Parcel 2, an 8.7 -acre parcel that will be created by the proposed map. The lots will continue to be utilized for governmental office purposes. Since this application is to merge and subdivide a lot only, no major issues were identified with the proposal. in reviewing the project, staff determined that the proposal as conditioned is consistent with the 32C-6 Tentative Parcel Map No. 2017-03 January 16, 2019 Page 3 various provisions of the City's Zoning Code and General Plan, including lot size, lot frontage, setbacks, lot coverage, and parking. Further conditions of approval have been included to bring the site's landscaping, lighting, trash enclosures and bicycle parking Into compliance with current standards. No adverse environmental Impacts to fish or wildlife populations were Identified as the project site is located In a built -out, urbanized area. Finally, the tentative parcel map was found to be consistent with the California Subdivision Map Act and Chapters 34 and 41 of the Municipal Code, Public Notification The project site is located within the boundaries of the Downtown Neighborhood Association, The president of this Neighborhood Association was contacted by staff and was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from the neighborhood president or from any members of the public. GEQA Comoltance In accordance with the California Environmental Quality Act, the recommended action Is exempt from further review per Section 15315. This Class 15 exemption allows for the minor division of property provided it is In an urbanized area, is In conformance with the General Plan and Zoning, consists of four or fewer parcels, does not require any variances or other exceptions, was not Involved in a division of a larger parcel within the past two years, and does not contain an average slope of greater than 20 percent. As the project results in the reconfiguration of five lots into two rots, the buildings and sites will be In compliance with all provision of the Municipal Code, no adverse environmental impacts will result from the subdivision of land, the project does not require any variances, and the proposal Involves a relatively flat parcel, It has been determined that the project will not have an effect on the environment, Categorical Exemption Environmental Review No. 2018-139 will be filed for this project. Strateoic Plan Alianment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Pian and Zoning Ordinance policies) of the Santa Ana strategic Plan. Concluslon Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Tentative Parcel Map No. 2017-03 as conditioned. 32C-7 Tentative Parcel Map No. 2017-03 January 16, 2018 Page 4 Vince Fregaso,lGP Princlpai Plann r VF: sb ArapodsUPM 17-3 CovatyWpA1 ISM= Exhibits: 1, Resolution 2. Vicinity Map 3. Site Plan 4. Tentative Parcel Map 32C-8 Ls 01.16.10 RESOLUTION NO.2019-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING TENTATIVE PARCEL MAP 2017-03 (COUNTY MAP NO. 2016-182) AS CONDITIONED TO MERGE FIVE PARCELS INTO ONE PARCEL AND ALLOW THE SUBDIVISION OF THE PARCEL INTO TWO LOTS AT 601 NORTH ROSS STREET BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of a Tentative Parcel Map to allow the merger of five lots into one parcel and the subdivision of the parcel into two lots at 601 North Ross Street. B. Santa Ana Municipal Code Section 34.126 requires approval of a Tentative Parcel Map by the Zoning Administrator. C. On January 16, 2019, the Zoning Administrator held a duly noticed public hearing on Tentative Parcel Map 2017-03. D. The Zoning Administrator of the City of Santa Ana determines that the following findings, which must be established in order to approve this Tentative Parcel Map pursuant to Santa Ana Municipal Code (SAMC) Section 34-126 and the State Subdivision Map Act, have been established for Tentative Parcel Map 2017-03: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Institutional (INS) designation of the General Plan and are otherwise consistent with all other Elements of the General Pian. The proposed project, as conditioned, and its design and improvements will be consistent with the Institutional land use designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land will create two parcels that will remain consistent with the various provisions of the General Plan, including the maximum allowable floor area ratio. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. i Resolution No. 2019-xx Page 1 of 5 32C-9 LS 01.16.10 The proposed project, as conditioned, will conform to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed project, as conditioned, conforms to the land use provisions of the zoning code that pertain to lot size, lot frontage, landscaping, setbacks, lot coverage, and parking. 3. The project site is physically suitable for the type and density of the proposed project. The project site is physically suitable for the type and density of the proposed project. The proposed project consists of the subdivision of the parcel into two lots, with a new mid -rise office building for the County of Orange to be built on Parcel 1. The existing office buildings on Parcel 2 were designed and built to be physically suitable for the site and are in compliance with all applicable development standards of the zoning district. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Since the project site is located in an urbanized area, there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or Improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. Each lot will Include the necessary utilities and infrastructure improvements as required under Development Project Review/TPM No. 2017-03. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the Resolution No. 2019-xx Page 2 of 5 32C-10 Ls 01.16.19 property within the proposed project. Public access easements currently exist on the properties since the site is the Civic Center complex for the County of Orange, The Applicant will be modifying and maintaining all easements necessary to ensure reciprocal rights between the properties, including but not limited to access, egress and drainage. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15315 (Class 15). This Class 15 exemption allows for the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is In conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, was not involved in a division of a larger parcel within the previous two years, and does not contain an average slope of greater than 20 percent. As the project entails the subdivision of an existing parcel of land into two lots, the buildings and sites will be in compliance with all provision of the Municipal Code, no adverse environmental Impacts will result from the subdivision of land, the project does not require any variances, and the proposal involves a relatively flat parcel, it has been determined that the project will not have an effect on the environment, Categorical Exemption Environmental Review No. 2018-139 will be filed for this project. Se ion. 3.. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Tentative Parcel Map 2017-03, as conditioned as set forth in Exhibit A attached hereto and Incorporated herein by reference, for the property located at 601 North Ross Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated January 16, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are Incorporated herein by this reference. ADOPTED this 16th day of January, 2019. Verny Carvajal, AICP Zoning Administrator Resolution No. 2018-xx Page 3 of 5 32C-11 LS 01.16.19 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: `4r£.-- Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 16, 2019. Date; Recording Secretary City of Santa Ana Resolution No. 2019-xx Page 4 of 5 32C-12 Ls 01,16.19 Conditions of Approval Tentative Parcel Map No. 2017.03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply In full with each and every condition listed below prior to exercising the rights conferred by this approval. The Applicant must remain in compliance with all conditions listed below throughout the life of the tentative parcel map. Failure to comply with each and every condition may result in the revocation of the tentative parcel map. Two copies of the recorded final parcel map shall be submitted each to the Planning Division, Building Division and Public Works Agency within 10 days of recordation. 2. The tentative parcel map, final map and all improvements required to be made or installed by the subdivider shall be in accordance with the requirements and design standards and specifications of the City of Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 3. After project occupancy, landscaping is to be maintained in accordance with the landscape plan approved for the project. This shall include the minimum levels of plant materials shown on the landscape plan and Installed at the time of occupancy. 4. Prior to recordation of the final map, the Applicant shall submit for review and approval Conditions, Covenants and Restrictions (CC&R's) for the project. At a minimum, the CC&R's shall cover access, egress, drainage, and landscape maintenance. 5. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 6. The project must be in compliance with the provisions of Development Project Review/TPM (TPM No. 2017-03). Resolution No. 2019-xx Page 5 of 5 32C-13 1/4/2019 TENTATIVE PARCEL MAP NO. 2017-03, COUNTY OF ORANGE Ana Boundary 6ahrnban i�ar+nlent xwuiF�aaennry natmxnte neama�nel e�a�a SOe<d¢vl+n S YOaUfi<Oewrmpnmm . Tixnnarl ihvOFinp lents nmM1 M1+tin Samat Cummertiz� DieNu -'I Camrni nirytomnrer; a4rwszum Oiwci OBnt'.nslvatoa! Naacy �nYus1Y1T1 ?rora[ticnar VICINITY ZONING AND AERIAL VIEW m) MCI llinital Man Pmdoes. All rinhfa raservpd. http://apps.spatialstream.can✓pmdue iorVdashboard/8/910/CurrentBuil tplhF38p rrtiryl.hlfnl# 1/1 $ L, p � AVMlMNU ft 32C-15 B l� e ii i 4S!'k C� F a F€ .tf.x di $ L, p � AVMlMNU ft 32C-15 B •ONI vNIABAune Ynlno I aaI DNIUIIOtl W Ij � 5 - t r • ___. lyy :. I. I f� �1I } a lai 4 sf S' �a gi OS•. U ..__ .. ...... _. III4 ....... i{ � YA Y i�'y � YMW6tl0 3 PEI 5g aria �Cn�}.i g.. z • `� � :sir •� F t � n i � e a. e Y�s g U ' xdt a �i c .i I U � mpgw ar :n" y xx_nm - 13 } e x 1 u r @ � e- >r � ioi 4215 lam n I�xS 11; ilala staR , b {{ ( t x 1 S b e F i EI {, a s', ?t d9 li to t z x} €' E V I N }e x r' } 3s31yEs i3 l0� li 1} s Orli $E �E i ,{ 'at liY n e t a s a er ro Y tfi 4E it I{ 1x t3 1 4a ...�_ s S1er>t e� YSS pe7 +E a y3 `hV j #j 19 tl( 1xl 54; t g x g6 141 f3 i d9 1 r M # } }{ o ]� a }i- gill kz LJ ' P .: 32C-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: ORDINANCE FIRST READING: AMENDING SANTA ANA MUNICIPAL CODE SECTION 10-153 RELATED TO LOUD AND RAUCOUS NOISE (STRATEGIC PLAN GOAL 1, 5). CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: IG1=160:191 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve first reading of an ordinance amending Article I of Chapter 10, Section 153 of the Santa Ana Municipal Code regarding Crimes and Miscellaneous Law Enforcement Provisions, amending the word "Person," to include property owners, pursuant to loud and raucous noise violations. The proposed revisions also allow for administrative fines for property owners who allow illegal conduct to occur upon their properties. DISCUSSION On February 1, 1993, City Council approved Ordinance No. NS -2184 adding Section 10-153 to Chapter 10 of the Santa Ana Municipal Code. The original version was developed for the purpose of regulating electronically amplified loud and raucous noise within the City of Santa Ana. Currently, the municipal code permits residents to report disturbances in their neighborhoods anonymously while allowing the Police Department to respond to the disturbance locations and either request compliance or end the disturbance via enforcement action. Since the inception of the ordinance, enforcement has been problematic as it pertains to identifying the responsible party for the amplified loud noise. The proposed Santa Ana Municipal Code revisions will allow enforcement to occur against the actual property owner, thus eliminating the need to identify the individual on scene responsible for the disturbance. The City has evaluated the community needs and concerns as it relates to enforcement of the current municipal code. In doing so, the City has determined the municipal code currently only addresses activity occurring on a property but fails to allow for necessary enforcement against actual property owners that permit these types of disturbances to occur on a continual and ongoing basis. It is the property owner's allowance of these types of violations that push this specific community complaint and ultimate law enforcement response to one of the highest calls 50A-1 Loud and Raucous Noise Ordinance March 19, 2019 Page 2 for service responded to by the Police Department. The Santa Ana Police Department received 5,504 Disturbance Calls for Service in 2018. The City has determined the current municipal code requires revision to allow enforcement of loud and raucous noise violations against property owners. Specifically, the Police Department is proposing to include a comprehensive definition of the word "Person" responsible for the party, event, or gathering where the loud and raucous noise is emitting. In addition, the proposed ordinance allows for escalating fines ranging from $100 to $1,000 for property owners. The ordinance also makes exception for those who have been issued a permit by the City of Santa Ana. Finally, the ordinance defines "subsequent" responses to mean any and all occasions within a calendar year (January 1 — December 31) when one or more police officers are dispatched to the scene of a party, gathering, or similar event from which loud and raucous noise originates at the same location. (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety; Objective #5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Revenue from these administrative fines will be deposited in revenue account 01114002 55600. At this time, staff does not have an estimate for the potential increase of revenue if the proposed Ordinance is adopted. Current revenue for noise related administrative citations is approximately $1,000 per year. APPROVED AS TO FUNDS AND ACCOUNT: favid Valentin Kathryn Downs, CPA \LL(s % Chief of Police Executive Director Santa Ana Police Department Finance and Management Services Agency Exhibit: 1. Ordinance 50A-2 TB 3.5.2019 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-153 OF THE SANTA ANA MUNICIPAL CODE RELATING TO LOUD AND RAUCOUS NOISES TO CLARIFY PERSONS SUBJECT TO ENFORCEMENT AND ESTABLISH PROCEDURES FOR ISSUANCE OF FINES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On February 1, 1993, City Council approved Ordinance No. NS -2184 adding Section 10-153 to Chapter 10 of the Santa Ana Municipal Code to regulate electronically amplified loud and raucous noise within the City of Santa Ana. B. Currently, when the Police Department receives a report of electronically amplified loud and raucous noise, police ,officers respond to the location to enforce the provisions of Section 10-153. As presently written, however, enforcement has been difficult because Section 10-153 does not expressly define those persons who may be held responsible for the amplified noise. C. Noise disturbance complaints tend to be one of the highest calls for service to the Police Department. The proposed Santa Ana Municipal Code revisions will give the Police Department the ability to respond effectively to those complaints and, thereby, address community needs and concerns, by identifying those persons who may be cited for violating Section 10-153. The proposed ordinance also sets forth the schedule of fines for each violation of Section 10- 153. enforcement against the property owner, thus eliminating the need to identify the individual(s) on scene responsible for the disturbance. Section 2. Section 10-153 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 10-153. - Loud and raucous noise from sound -making or amplifying devices prohibited. (a) It is unlawful for any person to cause, allow or permit the emission or transmission of any loud or raucous noise from any sound -making or TB 3.5.2019 sound -amplifying device in his/her possession or under his/her control: (1) Upon any private property; or (2) Upon any public street, alley, sidewalk or thoroughfare; or (3) In or upon any public park or other public place or property except upon any school district property. (b) The words "loud and raucous noise," as used herein, shall mean any sound or any recording thereof when amplified or increased by any electrical, mechanical or other device to such volume, intensity or carrying power, such that it can be heard fifty (50) feet from the location where the electrical, mechanical or other device is amplifying the sound. (c) The word "person" as used herein means any of the following: (1) The owner(s) of record of the real property and/or location where the party, gathering or event takes place. (2) The person(s) in charge or purportedly in charge of the real property and/or location where the event takes place. (3) The person(s) authorizing the use of the real property and/or location for the event except when a permit has been issued by the City of Santa Ana. (4) The person(s) who organized the event. (5) The person(s) who is operating the electrical, mechanical or other device amplifying the sound in the manner described in subparagraph (b) above. (6) If the person in charge of the premises from which the loud or raucous noise originates is a minor, who resides with one or more parents or legal guardian(s), then the parent(s) or legal guardfan(s) shall be deemed "person" within the meaning of this section. (d) The word "subsequent' means any and all occasions within a calendar year (January 1 — December 31) , when one or more police officers are dispatched to the scene of a party, gathering, or similar event from which loud and raucous noise originates at the same location. (e) The word `location" means the physical address, APN, parcel of land, and/or structures thereon regardless of the number of units on the property. (f) Any officer may issue an administrative citation to a person pursuant to this chapter and SAMC 1-21. Each administrative citation shall contain the following information: TB 3.5.2019 (1) The name of the person charged with any violation of the Code. (2) The date(s) on which the person violated the Code. (3) The section(s) of the Code so violated. (4) The location where the violation occurred. (5) A notice that each violation of the Code also constitutes a nuisance and that nuisance abatement costs may be enforced as an assessment or lien against the real property and/or location where the Code violation occurred. (6) A statement indicating that any person receiving a notice of violation may file an appeal pursuant to Chapter 1 (Section 21.8) within fifteen (15) days from the issuance of the citation. The absence of any of the above information in the Notice of Violation form shall not invalidate the City's process or issuance of the Notice of Violation. (g) The City shall have the authority to impose an administrative fine for violations of this Section following the issuance of an administrative citation as authorized in subdivision (f) below. The City is authorized to collect the amount of the fine specified below in addition to any other amount to which the City may be entitled under the law. The fines shall be in the following amounts and shall be due to the City within thirty (30) days of the date of the issuance of the citation as follows: (1) 1 st response: No fine (2) 2nd subsequent response: $100.00. (2) 3rd subsequent response: $250.00. (3) 4th subsequent response: $500.00. (4) 5th subsequent response: $750. (5) 6th subsequent response or thereafter: $1,000 (h) Collection of Unpaid Fines. At its discretion, the City may pursue any and all legal and equitable remedies to collect unpaid fines imposed pursuant to this Chapter. Pursuit of one remedy does not preclude the pursuit of any other remedy. It is intended that persons, maintaining, and/or permitting the violation, and not the taxpayers, bear the financial burden of the City's enforcement activity. (i) Cumulative Remedies. The remedies provided under this chapter are cumulative, and shall not restrict the City's ability to pursue any other remedy to which it is entitled under law or equity. Nothing in this Chapter shall be deemed to preclude the imposition of any criminal penalty, nor shall anything in this Chapter be deemed to y ll TB 3.5.2019 conflict with any penalty or provision under State law, or prohibit any conduct authorized by the State or Federal constitutions. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of March, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: S 'a Carvat , City Attorney OYMnara Bogosian Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Norma Mitre Acting Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: REAFFIRM ADOPTION OF A RESOLUTION TO DESIGNATE SANTA ANA AS A RECYCLING MARKET DEVELOPMENT ZONE (RMDZ) (STRATEGIC PLAN NO. 3, 3, C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: FEWIJ007NT61 ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on ZO Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Reaffirm the adoption of a resolution to designate the City of Santa Ana as a Recycling Market Development Zone (RMDZ) as a participant in the Orange County Recycling Market Development Zone under the lead designation of the City of Huntington Beach. Authorize the City Manager to forward the Resolution to the City of Huntington Beach for inclusion in the regional Recycling Market Development Zone application to CalRecycle. DISCUSSION On July 7, 2015, the City Council adopted a resolution to designate the City of Santa Ana as a Recycling Market Development Zone (RMDZ) as a participant in the Orange County Recycling Market Development Zone under the lead designation of the City of Huntington Beach. On September 15, 2015, the City Council reaffirmed a resolution to designate Santa Ana as a participant in the Zone due to the addition of the County of Orange's desire to become a new member of the Zone. An RMDZ is an economic development and technical assistance program consisting of State funded low interest loans, technical assistance, site selection, permitting assistance, and assistance with obtaining recycle materials for manufacturing. Inclusion in an RMDZ is an economic development tool that utilizes the growing supply of recycled and recyclable materials to fuel new businesses, expand existing businesses, create jobs, increase local revenues, and divert waste from landfills. Eligible businesses within an RMDZ may apply for low interest loans of up to $2 million, and receive free business -to -business product marketing. During the past three years, City and Chamber staffs have been marketing the RMDZ to all green manufacturing companies that could benefit from RMDZ incentives during the City/Chamber business retention visits. Over 50 qualified businesses were given information on the RMDZ and 55A-1 Reaffirm Resolution to Designate Santa Ana as a RMDZ March 19, 2019 Page 2 several qualified for free technical assistance from CalRecyle. Additional city marketing for the program included flyers to green businesses, an insert in the City's water bill, and an advertisement on the electronic billboard at the Auto Mall. This program continues to be an incentive to attracting recycling and green businesses to the City of Santa Ana. Each year, other Orange County cities are invited to become members of the Orange County Recycling Market Development Zone (OC RMDZ). If new jurisdictions wish to join the OC RMDZ, the State program requires that cities adopt a new resolution approving their current designation and the designation of any new members to the Zone. The cities of Fullerton and Lake Forest have requested to be added to the Zone. As the lead agency, the City of Huntington Beach will submit an updated application for the OC RMDZ to CalRecycle for Board approval by June 1, 2019. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #3, (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), Strategy C (Explore opportunities to encourage a business friendly environment within the city through the reduction of non-essential regulatory requirements, improved coordination between agencies for development review and addition of monetary incentives). FISCAL IMPACT There is no fiscal impact associated with this action. Steven A. Mendoza Fuadeiss, PE, PLS Executive Director Execu ' e Director Community Development Agency Public orks Agency Exhibit: 1. Resolution 55A-2 EXHIBIT 1 ROH: 03/19/19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REAFFIRMING THE DESIGNATION OF THE CITY OF SANTA ANA AS A RECYCLING MARKET DEVELOPMENT ZONE 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. Public Resources Code section 42010 provides for the establishment of the Recycling Market Development Zone (RMDZ) program throughout the State, which provides incentives to stimulate development of post- consumer and secondary materials markets for recyclables. B. Pursuant to the California Integrated Waste Management Act of 1989 (AB 989), all California jurisdictions must meet a 50% reduction in landfill waste disposal. C. The development of local markets for recycled materials reduces the need to transport such materials out of the region. D. The current and proposed waste management practices and conditions are favorable to the development of post -consumer and secondary waste materials markets. E. On July 7, 2015, the City Council adopted a resolution to designate the City of Santa Ana as a RMDZ as a participant in the Orange County Recycling Market Development Zone (OCRMDZ) under the lead designation of the City of Huntington Beach. F. On September 15, 2015, the City Council reaffirmed a resolution to designate Santa Ana as a participant in the Zone due to the addition of the County of Orange's desire to become a new member of the Zone. G. Each year, other Orange County cities are invited to become members of the OCRMDZ. If new jurisdictions wish to join the OCRMDZ, the State program requires that cities adopt a new resolution approving their current designation and the designation of any new members to the Zone. The cities of Fullerton and Lake Forest have requested to be added to the Zone. 55A-3 Resolution No. 2019- EXHIBIT 1 H. The cities of Santa Ana, Huntington Beach, Garden Grove, Orange, Stanton, Fullerton and Lake Forest, as well as unincorporated Orange County, intend to submit an updated application to CalRecycle requesting expansion of its membership and confirmation of its designation as a countywide RMDZ dedicated to establishing, sustaining and expanding recycling -based manufacturing businesses, which is essential for market development and to assist these jurisdictions in meeting the established landfill waste reduction goals. I. As the lead agency, the City of Huntington Beach will submit the updated application for the OCRMDZ to CalRecycle for Board approval by June 1, 2019. J. in accordance with the California Environmental Quality Act (CEQA), the City of Huntington Beach, as the lead agency, found that the designation of the RMDZ is exempt from CEQA. On the basis of the entire record before it, the City of Huntington Beach found that there was no substantial evidence that the requested designation as a RMDZ will have a significant effect on the environment, and therefore filed a Notice of Exemption with the County of Orange Recorder and the California Office of Planning and Research. K. In order for the City to continue its designation as a RMDZ, the State program requires that cities adopt a resolution reaffirming the designation and participation in the program, which is then included in the application to CalRecycle by the lead agency. L. The designation as a RMDZ is necessary to facilitate local and regional planning, coordination, and support existing and new recycling -based manufacturing businesses, as well as the attraction of private sector recycling investments to the RMDZ. M. RMDZ designation makes existing and new recycling -based manufacturing businesses located within the zone eligible for the technical and financial incentives associated with the RMDZ program. N. Local governing bodies may receive RMDZ program related payments as authorized by the Public Resources Code, 0. The California Legislature has defined environmental justice as "the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations and policies" (Government Code section 65040.12(e)), and has directed the California Environmental Protection Agency to conduct its programs, policies, and activities that substantially Resolution No. 2019- 55A-4 EXHIBIT 1 affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations, and low income populations of the State (Public Resources Code section 71110(a)). P. CalRecycle, in its Strategic Plan, has adopted a goal to continuously integrate environmental justice concerns into all of the Department's programs and activities, Section 2. Based upon the information provided herein and at the hearing on this matter, the City Council of the City of Santa Ana hereby. - Reaffirms the City of Santa Ana as a participant in the Orange County Recycling Market Development Zone, and approves the inclusion of the cities of Santa Ana, Huntington Beach, Garden Grove, Orange, Stanton, Fullerton and Lake Forest, as well as unincorporated Orange County, under the lead designation of the City of Huntington Beach; - Authorizes the City Manager to forward the Resolution to the City of Huntington Beach for inclusion in the updated regional Recycling Market Development Zone application to CalRecycle; and, - Approves receipt of any Recycling Market Development Zone related payments authorized by the Public Resources Code, The City Manager or his or her designee is hereby authorized to execute in the name of the City of Santa Ana all documents necessary to secure payment and implement the associated activities. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to; the Request for Council Action dated March 19, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 55A-5 Resolution No. 2019- EXHIBIT 1 ADOPTED this 19th day of March, 2019. Miguel A. Pulldo Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attoq*y By: ' Ryan AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019- to be the original resolution adopted by the City Council of the City of Santa Ana on March 19, 2019, M Acting Clerk of the Council City of Santa Ana Resolution No. 2019-_55A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: APPROVE THE COUNCIL COMMITTEES, APPOINTEES, AND AMENDED PROPOSED SCHEDULE (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Appoint members to the Legislative Affairs, Ethics, Transparency and Communications Council Committee. 2. Approve the list of members for the established Council Committees 2019-2020. 3. Approve the amended proposed schedule instead of the current schedule for the Council Committees 2019-2020. DISCUSSION At the February 5, 2019, City Council Meeting the Council was presented with the Council Committee schedule, members, and potential restructuring of committees. Council approved the existing structure of the Council Committees, some Councilmembers expressed interest in specific committees, and ultimately approved the schedule from the previous year. Since then, City Council membership has changed, which created vacancies in some Committees. Based on the feedback received from Councilmembers, the following members have been included in the respective Council Committees (as outlined in the table below). In particular, there is a need to appoint members to the Legislative Affairs, Ethics, Transparency and Communications Committee. Per Resolution No. 2017-076, Council Committees shall consist of two or three Councilmembers and Councilmembers may not serve on more than two committees at a time. A resolution is not required for this action because the Council Committees were not restructured. However, in an effort of transparency and to memorialize the Council Committee information to staff and the community, staff is requesting the City Council review, discuss, appoint, and approve the amended proposed Council Committees for 2019-2020. Staff is recommending that Council consider approving the new proposed schedule in order for staff to provide effective and efficient preparation for Council Committees. Staff recommends that the standing meetings convene quarterly or biannually, with the understanding that additional special meetings may be scheduled and authorized pursuant to the Brown Act. 65A-1 Approve the Council Committees, Appointees, New Proposed Schedule March 19, 2019 Page 2 Upon Council approval, this staff report will memorialize the City Council Committees, members, and the new proposed schedule. The annual Council Committee calendar will be posted on the City's website contingent upon Council approval. City Council Committee Meetings may be held at City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza, or at Santa Ana Unified School District sites at various times and as posted on the agenda. The following table provides the information for the 2019-2020 Council Committees. 65A-2 PROPOSED COMMITTEEMEETINGLEAD AGENCY SCHEDULESCHEDULE Every other Month QUARTERLY Community 1. Iglesias Jan:; Mar.; May, July;- Feb., May, Aug., Nov. Development Economic 2. Penaloza Sept., Nov. Development, 3. Solorio - Advisory: Infrastructure, 2 ° Monday, 5:00 pm. 2nd Monday, 5:00 pm. • Planning & Budget and Building Technology • Public Works • Finance • Information Technology Public Safety, Eve other month QUARTERLY Code 1. Penaloza Jan., r.; May, July, Mar., June, Sept., Police Department Enforcement and 2. Villegas Se t., Nov: Dec. Neighborhood Advisory: Empowerment 2nd Tuesd 5:30 m. y' p na 2 Tuesday, 5:30 pm. . Planning & g Building Qua erly Biannually Legislative Jan., Mar., June, Feb. & Aug. City Manager's Affairs, Ethics, Sep Office Transparency m 4th Wednesday, 12 and 4 Wednesd y, 12 noon Advisory: Communications noon . City Attorney • Clerk of the Council Quarterly QUARTERLY Youth, Education 1. Iglesias Jan.; April, July, ct. Jan., April, July & Parks, Recreation and Community 2. Solorio Oct. and Community Services 3. Villegas 4th Monday, 5:30 p. Services Agency Committee 31 Monday, 5:30 p.m. AND QUARTERLY Joint Santa Ana Unified School - Jan., April, July & District and City Oct. Council Committee 4th Monday, 5:30 p.m. 65A-2 Approve the Council Committees, Appointees, New Proposed Schedule March 19, 2019 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. 65A-3 65A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: DESIGNATE A VOTING DELEGATE AND ALTERNATE FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL CONFERENCE AND GENERAL ASSEMBLY MEETING (STRATEGIC PLAN NO. 5, 1) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Designate a voting delegate and an alternate for the 54th Southern California Association of Government's (SCAG) Regional Conference and General Assembly scheduled for May 2-3, 2019. BACKGROUND Each year, the City Council/County Board appoints a Delegate and Alternate Representative to the SCAG General Assembly, which is the nation's largest metropolitan planning organization (MPO). It represents six counties, 191 cities and more than 19 million residents. SCAG undertakes a variety of planning and policy initiatives. The Regional Conference and Assembly will include a diverse program of expert panels, keynote presentations and technical demonstrations that will share insights on how local governments and civic partners can collaborate to make the most of new technologies to enhance mobility, economic opportunity and quality of life. Council Member Cecilia Iglesias expressed an interest in serving as a voting delegate for SCAG. The voting delegate or alternate will consider all proposed Resolutions and/or Bylaw revisions on behalf of the City of Santa Ana. The City delegate will receive a complimentary one-night hotel accommodation at the JW Marriot Resort & Spa for the night of May 2nd. An invitation was sent to the entire City Council as the conference registration is free for all elected officials and city managers in the region. 6513-1 Designate a Voting Delegate and Alternate for SCAG March 19, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There will be no fiscal impact associated with this action Norma Mitre Acting Clerk of the Council 65B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: REVIEW APPLICATIONS SUBMITTED FOR WARD 4 CITY COUNCIL OFFICE VACANCY; CONDUCT INTERVIEWS OF CANDIDATES TO FILL WARD 4 CITY COUNCIL OFFICE VACANCY; AND CONSIDER MAKING AN APPOINTMENT TO FILL VACANCY IN CITY COUNCIL OFFICE, WARD 4 {STRATEGIC PLAN NOS. 7, 1} ,�_ f -- � ------ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Receive applications of persons residing in Ward 4 applying for appointment to the vacancy in the Council Office, Ward 4 2a. Conduct interviews of applicants during the meeting of March 19, 2019 OR 2b. Convene at a Special Meeting on a date as determined by Council; and before April 1, 2019 3. Adopt a Resolution (Exhibit 1) of the City Council of the City of Santa Ana Making an Appointment to Fill a Vacancy in Council Office Ward 4 Pursuant to Santa Ana City Charter Article 403. DISCUSSION On March 1, 2019, Roman Reyna submitted his resignation from City Council Office, Ward 4. In the case of a Council vacancy, the City Charter Section 403, provides: Sec. 403. - Vacancies. In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term. Such appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy. 65C-1 Ward 4 City Council Office Vacancy March 19, 2019 Page 2 On March 5, 2019, the City Council directed staff to provide for an application process to fill the subject vacancy and required all qualified persons to submit a written application, a resume and Statement of Economic Interest Form 700. The deadline to submit application materials was set as March 12, 2019, at 12 Noon. As the timeline for completion of the appointment process must be completed prior to April 1, 2019, applicants were advised that applicant interviews could take place during the Council meeting of March 19, 2019, or at a convened Special Meeting on a date as determined by the City Council. Copies of applications received by the Clerk of the Council from the qualified applicants are attached in Exhibit 2 and arranged in random order according to the California Secretary of State Randomized Alphabet Drawing, dated August 16, 2018. This random order can be used for the conduct of interviews. Candidates that have submitted timely applications for appointment to the vacant Ward 4 seat are: Maricela Vallejo, Kenneth Nguyen, Jennifer Oliva, Gale Oliver Jr., Phillip Ortiz, Jr., and Phil Becerra. In conducting its interviews, it is suggested that each applicant be allowed 3 minutes to highlight their qualifications for appointment to the Ward 4 seat. After the conclusion of candidate interviews, the City Council may entertain a motion to appoint an applicant, followed by adoption of a resolution memorializing the action taken. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 Team Santa Ana, Objective #1 (Establish a customer service and community engagement as the City's primary focus). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no cost for making the Ward 4 appointment. However, in the event that Council does not appoint a qualified person to the Ward 4 vacancy before April 1, 2019, a Special Municipal Election would be mandated to occur on November 5, 2019. The cost of a 2019 Special Municipal Election will depend on whether other public jurisdictions place contests or measures on the November 5th ballot. At this time, the Orange County Registrar of Voters has confirmed that the Santa Ana Unified School District (SAUSD) will have a special election of a new Board Member to a vacant seat. 65C-2 Ward 4 City Council Office Vacancy March 19, 2019 Page 3 As the cost of consolidated special election is based on several factors (i.e., sharing of precinct boundaries with SAUSD), staff has requested a preliminary cost estimate from the County Registrar. If a Special Municipal Election is mandated, the City of Santa Ana would conduct two elections in Fiscal Year 2019-2020. Norma Mitre Acting Clerk of the Council Exhibits: 1. Candidate Applications, Resumes and Fair Political Practices Commission Form 700. 2. Resolution of the City Council of the City of Santa Ana Making an Appointment to Fill a Vacancy in Council Office Ward 4 Pursuant to Santa Ana City Charter Article 403. 65C-3 65C-4 3/19/19 City Council Meeting *46,14, is I I i I F_ ' ' N11Y[�7►G9 (9) SANTA ANA MAYOR AND CITY COUNCIL INVITE APPLICANTS FOR VACANT WARD 4 CITY COUNCIL OFFICE For more information about the application process, contact the Santa Ana Clerk of the Council Office at (714) 647-6520, visit the City's website at www.santa-ana.org, https://vvww.santa-ana.org/cc or, emails us at ecommentna Santa-ana.org. 65C-6 Application Farm Checklist 1. 1 have read the provision of the City Charter Section 403 indicated below and qualify to be considered and\or appointed as a Councilmember representative in Ward 4. "In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term. Such appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy." 2. 1 am a qualified voter and have met the continuous 12 month residency in the City of Santa Ana, Ward 4. 3. 1 have reviewed the attached Ward 4 map adopted January 17, 2012. 4. 1 have attached my completed and signed application. 5. 1 have attached my resume. 6. 1 have attached my completed Statement of Economic Interest (Form 700). Note: The form and instructions may be accessed at http://www.fppc.ca.gov/Form700.html 7. 1 have submitted all materials listed above to the Clerk of the Council Office by the due deadline date: Tuesday, March 12, 2019, 12:00 p.m. noon. Postmarks not acceptable. Submit to eComment(ccDsanta-ana.ora or in person at the City Clerk's Office, City Hall, 20 Civic Center Plaza, 8th Floor 8. 1 understand eligible candidates will be invited for an oral interview by the City Council at the Regular Open Council meeting on Tuesday, March 19, 2019, unless otherwise notified. For more information about the application process, contact the Santa Ana Clerk of the Council Office at (714) 647-6520, visit the City's website at www.santa-ana.org, https://vvww.santa-ana.org/cc or, emails us at ecommentna Santa-ana.org. 65C-6 3/19/19 City Council Meeting APPLICAN MARICEL VALLEJO] 0 CITY OF SANTA ANA ae� ; ., CITY COUNCIL MEMBER VACANCY APPLICATION FOR APPOINTMENT, WARD 4 CITY COUNICL OFFICE DUE DATE.- Ttadwo, mareb 12iz,?Ql19„ as li2t:(IQE POW nomn, Postmarks not acceptable. aihrriittb teat nwi ar orTiht eranrotlatt: Clr&C d&eG=WA0Aae,cattynax20CtwkClont!orlmaza,tt'1amr Q9.PAPAL—Y Confirmed with ROV, Ward 4 Qualified Elector: +„�„,, _ &Yra"4' ./.O.wc�' M19 HAR 11 tMl -P;-5-7-- y- Name: Maricela Vallejo First Middle Last Home Address: Zip Code:lllll[ Phone: - Email Length of time residing in Ward 4: Occupation: Senior Analyst Employer: Verizon Wireless Years Lived in Santa Ana: 38 years Years Worked in Santa Ana REASON FOR INTEREST IN THIS POSITION: 1. I am interested in serving on the City Council for the following reasons: (Please use additional paper if necessary.) I think that we need a fresh start with our City Council. We need to fix what has been broken for many years. We need to get people into City Council who do not have their own agendas to fill and whose sole purpose Is to do the best for our City and Its residents. 2. From your point of view, what are the three greatest needs and challenges of/for the city at this time? (Please use additional paper if necessary.) 1) Unfortunately, homelessness is an epidemic In our to tend to We need to work with our e lack of law e calls; however ng cities to ensure we get a .ment personnel. The public's cannot depend on officers' assistant 3. What are the greatest opportunities for the City from your perspective? (Please use additional paper if necessary.) The greatest opportunity for the City is the need for a comprehensive and balanced budget which can address the City's goals M— community programs, funds needed for hiring police offers and for improvements to our infrastructure. I have read and hereby certify that I meet the eligibility criteria shown in the attached Application Form Checklist for appointment stipulated under City Charter Section 403 indicated below and will comply with all Fair Political Practice Commission (FPPC) reporting requirements. "In the event of a vacancy in the City Council, forwhatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term. Such appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy." 03/12/2019 ` FULANE Al"1'AUJIAM dUNM1JINJA1LnUYOURCU1VMU1V1'1'Y1NVULVL+'1VIEN'Y" Maricela Vallejo Our Lady of Guadalupe Church, Delhi, Usher 1988-1994 • Assist with tithe collection and assist parishioners in finding seating AYSO, Registrar 2004 -2016 • Assist with registration events to register children age 4 —18 years of age to plan soccer year-round • Work with the treasurer to collect registration fees and assign players to teams based on their age group PTO Jefferson Elementary School, Secretary 2007-2013 • Attend monthly meetings to plan events, discuss upcoming events, and speak with parents about our needs • Worked the Pall Festival, international Pair, Jog-A-Thon, and fundraising events to gain fund needed for school needs Football Booster Club, Segerstrom High School, Parent Participant 2016 - Present • Attend monthly planning meetings • Assist with fundraising efforts — Varsity game snack bar, Car Show, etc. • Assist with banquet planning committee for Varsity team Soccer Booster Club, Segerstrom High School, President 2016 - Present • Implement booster club —Create bylaws, corporation documents, sponsorship forms • Run monthly meetings to review events, tournaments, fundraising efforts, etc. • Plan banquet for all levels • Run snack bar to gain funds needed for team needs Track & Field Booster Club, Segerstrom High School, President 2018 - Present • Implement booster club - Create bylaws, corporation documents, sponsorship forms • Run snack bar and fundraisers to gain funds needed for team needs. • Plan banquet for all levels 65C-9 Please type or print In Ink Vallelo 1. Office, Agency, or Court Agency Name (Do not use acronyms) City of Santa Ana Statement of economic interests Cover Page A Public Document Maricela Division, board, Department, District, If applicable Your Position N/A Councilwoman ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) agency: N/A 2. Jurisdiction of Office (check at least one box) ❑ State ❑ Multi P City of Santa Ana - Ward 4 Position: Data Initial Filing Received Official Use Only 7919 11ril? It lot. "' Cl ❑ Judge or Court Commissioner (Statewide Jurisdiction) ❑ County of ❑ Other — 3. Type of Statement (check at least one box) ❑ Annual: The perlod covered Is January 1, 2018, b ❑ Leaving Office: Dale Left I -or. December 31, 2018, The periodcoveredis I I t# December 31, 2018. ❑ Assuming Office: Date assumed / (Checlf one circle.) Q The period covered is January 1, 2018, through the date of -or. leaving office, U The period covered Is_ I through the date of leaving office. ll Candidate: Date of Election andoffoesought, IfdlfferentthanPan 1: 4. Schedule Summary (must complete) o. Total number of pages Including this cover page: Schedules attached Q Schedule A-1 • investments - schedule Stated ❑ Schedule A-2 - investments - schedule atalal ® Schedule B -Real Property- schedule d -or- ❑ None • no reportable interests on any schedule QSchedule C• Income, loans, &business Positions- schedule attached Schedule D • Income -Gifts -schedule attached �❑ Schedule E • Income - Gilis -Travel Payments -schedule attached Mailing eoDreSS Street city Slate ZIP coca ibuslnessarAgencyAddressRecommended. PublicLmam wV any attached schedules Is true and complete, I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of C"(;a440regoing Is true and correct. FPPC Toll -Free Helpline: $66/275-3772 www.fppcxo.gov 0o 4 Date Signed 03/12/2019 yea (month, daSignature® y, r) (File the onginallysigned paper statement w8h your filing oA7cfeL) FPPC Form 700 (2018/2019) Prim 65C-11 FPPC Toll -Free Helpline: 866/275-3772 Ww Jppe.ca.8uv P, .8 SCHEDULE A-1 Investments Stocks, Bonds, and Other Interests (Ownership Interest is Less Than 10%) Investments must be Itemized. Do not attach brokerage or financial statements. ► NAME OF BUSINESS E N/A GENERAL DESCRIPTION OFTHIS BUSINESS FAIR MARKET VALUE ❑ $2,000-$10,000 ❑ $10,001-$100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Descrlbe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: ► NAME OF BUSINESS ENTITY N/A GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 -$10,000 ❑ $10,001 -$100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Deacdbe) ❑ Partnership O Income Received of $0 - $499 p Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: / /18 1 /18 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY N/A GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 -$100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Doscdbe) ❑ Partnership 0 Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: I /18 / /18 ACQUIRED DISPOSED Comments: N/A Name Maricela Vallejo GENERAL DESCRIPTION OFTHIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 -$100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: / /18 ► NAME OF BUSINESS ENTITY N/A GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000-$10,000 ❑ $10,001•$1(10,000 ❑ $1oo,091-$1,00o,00o ❑ Over $1,000.000 NATURE OF INVESTMENT ❑ Stock ❑ Other _ ❑ Partnership. 0 Income Received of $0 - $499 O Income Received of $500 or More (Report on schedule C) IF APPLICABLE, LIST DATE: / /18 1 /18 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY N/A GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 -$100,o00 ❑ $100,001-$1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other _ ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: / /18 / /18 ACQUIRED DISPOSED FPPC Form 700 (2018/2019) t3 6 FPPC Advice Email: advice9fppaca.90v FPPCTOIkRee Helpline:866/275.5772 wvnvBppc.ce.gov, Pace -9 N/A Name (Business Address&ceptable) SCHEDULE A -z Investments, Income, and Assets Name of Business Entities/Trusts (Ownership Interest is 10% or Greater) MarlDela Vallejo Trust, go to 2 Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $041,999 $1,999 $2,000 - $10,000 $10,001 -$100,000 $100,001 - $1,000,000 ❑ Over $1.000, IE NATURE OF INVESTMENT IF APPLICABLE, LIST DATE: / /18 / /18 ACQUIRED DISPOSED Is EqUR BUSINESS POSITION ❑ ❑ $500-$1,000 ❑ OVER $100,000 ,. $1,001_-$10,000 None or Names listed below 0 0 Check one box: INVESTMENT REAL PROPERTY Name of Business Entity, If Investment, 22 Assessor's Parcel Num or or Street Address of Real Property N/A Name Address (Business Address Acceptable) Chock one ❑ Trust, go to 2 © Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE IF APPLICABLE, LIST DATE: $041.999 $1,999 $2,000 - $10,000 / /18 / /18 $10,001 - $100,000 ACQUIRED DISPOSED $100,001 - $1,000,000 Over $1,000,000 TURE OF INVESTMENT Parinershi Sole Proprietorship n nn Other qUR SUSINEA;OSITION ❑ SHARE OF THE GROSS INcomE To THE ENTITYITRUST) $0-$499 $10,00141 00'000 10,001-$100,000 $500 - $1,000 OVER $100,000 ❑ $1,001-$10,000 • s r rri • e None or Names listed below I- 4JNVIESTMENTS AND INTERESTS IN REAL PROPrRTYH1ECDTQft- LEASED•. TRUST Dheck ane baX: INVESTMENT REAL PROPERTY N/A Was N me of Business Entity,!( vestment, or assasor's Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property Description of Business Aotivily or FAIR MARKET VALUE IF APPLICABLE, LIST DATE: City or Other Precise Location of Real Property $2,000 - $10,000 FAIR MARKET IF APPLICABLE, LIST DATE: $10,001 - $100,000 / /18 / /18 VALUE $100,001 - $1,000,000 ACQUIRED DISPOSED $2,000-$10,000 ❑ © Over $1,000,000 NATURE OF INTEREST $10,001 - $100,000 ❑ / /18 / /18 Property Ownership/Deed of Trust Stock Partnership ❑ $100,001 -$1,000,000 ACQUIRED DISPOSED Leasehold Other yrs. remelning Over $1,000,000 lug Check box If cddnlnnal CMMI I1aC rwnnrFinn Int/«Iman4c n� mal n.n„oN,. NATURE OF INTEREST are attached Property Ownership/Dood of Trust Leasehold ❑ ❑ Pnne.• Stock Partners65CA 3 Other [] ❑ ❑ ❑ Pnne.• Vre, remelning Check box If additlonal schedules reporting Investments or real property are attached mmente: FPPC Form 700 (2018f2D19) FPPC Advice small: advice®fppc,ca.gov Gear Pa a .Print t 65C-14 sCHEDULE, B Interests In Real Property (Including Rental Income) ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS N/A CITY FAIR MARKET VALUE ❑❑ $2,000-$10,000 ❑ $10,001•$100,000 ❑ $100,001-$1-000,000 NATURE OF INTEREST Ownership/Deed of Trust IF APPLICABLE, LIST DATE: / /18 / 118 ACquIRED DISPOSED ❑ Easement ❑ Leasehold ❑ Yra. ramelning IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - $499 ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 SOuRCES OF RENTAL INCOME: If you own a 10% or greater Interest, list the name of each tenant that is a single source of Income of $10,000 or more. ❑ None Name Maricee Vallejo ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS N/A CITY FAIR MARkET vALUE ❑ $2,000-$10,000 ❑ $10,001 - $100,000 ❑ $100,001 -$1,00,000 ❑ Over $1,000,000 NATuRE OF INTEREST ❑ Ownershlp/Deed of Trust IF APPLICABLE, LIST DATE: I /18 / /18 ACquIRED DISPOSED ❑ Easement ❑ Leasehold ❑ Yra, remaining Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - $499 ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 SOuRCES OF RENTAL INCOME: If you Own a 10% Or greater Interest, Ilst the name of each tenant that is a single source of Income of $10,000 or more. ❑ None " You are not required to report loans from a commercial lending institution made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not In a lender's regular course of business must be disclosed as follows: NAME OF LENDER" N/A ADDRESS (Business Address Acceptable) BuSINESS ACTIVITY, IF ANY, OF LENDER INTERESTRATE TERM(Months/Years) °I° ❑ None HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 ❑ Guarantor, If applicable Comments: NAME OF LENDER' N/A ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (Months/Years) ❑ None HIGHEST BALANCE DuRING REPORTING PERIOD ❑ $500 - $1,000 ❑ sum - $10,000 ❑ $1,001 - $100,Ooo ❑ OVER $100,000 ❑ Guarantor, If applicable c iCFPPC Form 700(2018/2019) idQar Pa Q 6 FPPC Advice Email: edvicafdffppc.ca,gov FPpC7oll•Fraa Halplina:066/275.3772 www.lppc.ca.gov Yaea .19 SCHEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) 12 FA IT, I 491;l .101 ;l J 10 14101 LI0 Verizon Wireless ADDRESS (Business Address Acceptable) 15505 Sand Canyon Ave, Irvine, CA 92618 BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION Senior Analyst GROSS INCOME RECEIVED ❑ No Income - Business Position Only ❑ $500 - $1,000 ❑ $1,001-$10,000 ® $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED k�] Salary ❑ Spouse's or registered domestic partner's Income (For self-employed use Schedule A-2.) ❑ Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) ❑ Sale of (Reel property, car, boar, etc) ❑ Loan repayment ❑ Commission or ❑ Rental Income, get each source of $10,000 or more ❑ Other Name Maricela Vallejo J:1,�I�a]G6Ya77.L9�a7.'1@[Ha),71a City of Santa Ana - Personnel Board ADDRESS (Business Address Acceptable) 20 Civic Center Plaza Santa Ana, CA 92701 BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION Commissioner GROSS INCOME RECEIVED © No Income - Business Position Only ® $500-$1,000 ❑ $1,001-$10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ® Salary ❑ Spouse's or registered domestic partner's Income (For self-employed use Schedule A•2.) ❑ Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) ❑ Sale o1 (Real property, car, bast, etc.) ❑ Loan repayment ❑ Commission or ❑ Rental Income, list each source of $10,000 or more ❑ Other * You are not required to report loans from a commercial lending institution, or any Indebtedness created as part of a retail installment or credit card transaction, made In the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LEN DER* NIA ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IFANY, OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD ❑ $$00 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 -$100,000 ❑ OvER$100,000 INTEREST RATE TERM (MonthslYears) ^/ ❑ None SECURITY FOR LOAN ❑ None ❑ Personal residence ❑ Real Property Slreetaddress ❑ Guarantor © Other (Describe) Comments: The salary Indicated from the City of Santa Ana was less than $200 for the entire year (2018) 65C-16 FPPC Tall -Free Helpline: 86612753772 www.fppc.co.gov Page -14 ► NAME OF SOURCE (Nat an Acronym) N/A ADDRESS (Business Address Acceptable) BUSINESS ACTIvITY, IF ANY, OF SOURCE DATE(mm/dd/yy) vALuE $ ► NAME OF SOURCE (Not an Acronym) N/A ADDRESS (Business Address Acceptable) SCHEDULE D Income — Gifts DESCRIPTION OF GIFT(S) BUSINESS ACTIvITY, IF ANY, OF SOURCE DATE(mmldd/yy) vALUE DESCRIPTION OF GIFT($) / / $ ► NAME OF SOURCE (Not an Acronym) N/A ADDRESS (Business Address Acceptable) BUSINESS ACTWITY, IF ANY, OF SOURCE DATE(mmlddlyy) vALuE / / $ Comments: DESCRIPTION OF GIFT(S) Name Maricela Vallejo ► NAME OF SOURCE (Not an Acronym) N/A ADDRESS (Business Address Acceptable) BUSINESS ACTIvITY, IF ANY, OF SOURCE DATE (mmlddlyy) vALuE DESCRIPTION OF GIFT($) $ ► NAME OF SOURCE (Not an Acronym) N/A ADDRESS (Business Address Acceptable) BUSINESS ACTIvITY, IF ANY, OF SOURCE DATE(mmldd/yy) vALuE DESCRIPTION OF GIFT(S) / $ ► NAME OF SOuRCE (Nolan Acronym) N/A ADDRESS (Business Address Acceptable) BUSINESS ACTIvITY, IFANY, OF SOURCE DATE (mm/dd/yy) vALuE DESCRIPTION OFGIFT(S) $ $ FPPC Form 700 (2018/2019) FPPC Advice Email: advice@fppc.ca,gov FPPC Toll•Frea Helpline: 856/275-3772 "w.fppc.ca.90v Paaa, 17 $ $ / / $ ► NAME OF SOURCE (Not an Acronym) N/A ADDRESS (Business Address Acceptable) BUSINESS ACTWITY, IF ANY, OF SOURCE DATE(mmlddlyy) vALuE / / $ Comments: DESCRIPTION OF GIFT(S) Name Maricela Vallejo ► NAME OF SOURCE (Not an Acronym) N/A ADDRESS (Business Address Acceptable) BUSINESS ACTIvITY, IF ANY, OF SOURCE DATE (mmlddlyy) vALuE DESCRIPTION OF GIFT($) $ ► NAME OF SOURCE (Not an Acronym) N/A ADDRESS (Business Address Acceptable) BUSINESS ACTIvITY, IF ANY, OF SOURCE DATE(mmldd/yy) vALuE DESCRIPTION OF GIFT(S) / $ ► NAME OF SOuRCE (Nolan Acronym) N/A ADDRESS (Business Address Acceptable) BUSINESS ACTIvITY, IFANY, OF SOURCE DATE (mm/dd/yy) vALuE DESCRIPTION OFGIFT(S) $ $ FPPC Form 700 (2018/2019) FPPC Advice Email: advice@fppc.ca,gov FPPC Toll•Frea Helpline: 856/275-3772 "w.fppc.ca.90v Paaa, 17 SCHEDULE E Income — Gifts Travel Payments, Advances, and Reimbursements Name Mariaela Vallelo • Mark either the gift or Income box. a Mark the "501(c)(3)" box for a travel payment received from a nonprofit 501(c)(3) organization or the "Speech" box if you made a speech or participated in a panel. Per Government Code Section 89506, these payments may not be subject to the gift limit. However, they may result in a disqualifying conflict of interest. • For gifts of travel, provide the travel destination. ► NAME OF SOuRCE (Not so Acronym) N/A ADDRESS (Business Address Acceptable) CITYAND STATE ❑ 601(c)(3) or DESCRIBE BuSINESS ACTIVITY, IF ANY, OF SOuRCE DATE(S): / / / / AMT: $ (if gift) ► MuST CHECk ONE: ❑ Gift -or- ❑ Income 0 Made a Speech/Participated in a Panel 0 Other - Provide Description ► If Gift, Provide Travel Destination ► NAME OF SOURCE (Not an Acronym) N/A ADDRESS (Business Address Acceptable) CITY AND STATE ❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOuRCE DATE(S): / / / / AMT: $ (Ifgift) ► MuST CHECk ONE: ❑ Gift -or- I❑ Income 0 Made a Speech/Participated In a Panel 0 Other -Provide Description I- If GA. Provide Travel Destination ► NAME OF SOuRCE (Not an Acronym) N/A ADDRESS (Business Address Acceptable) CITY AND STATE ❑ 501 (o)(3) or DESCRIBE 13uSINES$ ACTIVITY, IF ANY, OF SOuRCE DATE(S): / / / / AMT: $ (if gift) ► Mu$TCHECk ONE: ❑ Gift -or- ❑ Income © Made a Speech/Partlolpated in a Panel 0 Other -Provide Descriptior ► If Gift, Provide Travel Destination P. NAME OF SOURCE (Not on Acronym) ADDRESS (Business Address Acceptable) CITYAND STATE ❑ 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S): / / / / AMT: (Ifglft) h MuST CHECk ONE: ❑ Gift -or- ❑ Income O Made a Speech/Participated Ina Panel 0 Other -Provide Description ► If GIH, Provide Travel Destination Comments: FPPC Farm 700 (2018/2019) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 666/2753772 www.fppc,ca.gov 0em-ia Mitre -Ramirez, Norma From: maricela vallejo Sent: Tuesday, March 12, 2019 12:53 AM To: eComment � Subject: City Council - Ward 4 Application Attachments: Ward -4-Vacancy-Press-and-Application- Packet (8).docx Hello, Attached please find my filled out application for Application for Appointment, Community Service Resume, and 2018/2019 Statement of Economic Interests for your review and consideration. Please advise if any additional information is required. Thanks, Maricela Vallejo 65G-19 65C-20 3/19/19 City Council Meeting 10 '11 MKIAV& CITY OF SANTA ANA CITY COUNCIL MEMBER VACANCY APPLICATION FOR APPOINTMENT, WARD 4 CITY COUNICL OFFICE DUE DATE: Tuesday, March 12,2019; at 12:00 P.M. noon. Postmarks not acceptable. Submit to ".o.. cont ii s mtor in person at: Cleric of the Council Office, City Haft, 20 Civic Ceptor Plaza, 8`h Floor Name: Home Address: Zip Code: KENNETH KHANH I n t With RAV, Ward 4 Qu dirlrl?w NGUYEN First Middle Last Length of time residing in Ward 4: Occupation: Retired one: 33 years Employer: Years Lived in Santa Ana: 40+ years BASON ' R INTEREST IN HSP S1TlON: Years Worked in Santa Ana None 1, 1 ant interested in serving on the City Council for the following reasons: (Please use additional paper if necessary.) Please see attached 2. From your point of view, what are the three greatest needs and challenges of/for the city at this tine? (Please use additional paper if 3. What are the greatest opportunities for the City froth your perspective? (Please use additional paper if necessary.) Please see attached v _� I have read and hereby certify that I meet the eligibility criteria shown in the attached Application Form Checklist for appointment stipulated under City Charter Section 403 indicated below and will comply with all Fair Political, Practice Commission (FP.PC) reporting requirements. "In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term, Such appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become v to be held to fill such vacano ." SIGNATURE DATE fV�v't'� .u,Dj�� ** PLEASE ATTACH A RESUME DETAILING YOUR COMMUNITY INVOLVEMENT ** 65C-22 Kenneth K. Nguyen REASON FOR INTEREST IN THIS POSITION: 7919 WR 12 mi, fo: a� I 1. I am interested in serving on the City Council for the fol�vig Serving the community of Santa Ana in various capacities has b66A [n y(Iiferg jpy'i©r the past 40+ years. While I am grateful for the ways in which I have been able to learn, grow, and contribute to the city through non-profit work and multiple city -appointed commissions, to increase my contribution to the community's greatest needs would be an honor. I have a firmly rooted pride in the city's cultural diversity and availability, in the widespread progress it has made in creating safer neighborhoods through the decades, and its continued economic development; and as such, I am a lifelong resident committed to addressing the direst needs from my neighbors throughout Ward 4. Additionally, if I were chosen to fill this seat, I believe I would be filling an important need for diverse representation for a large portion of the constituency as an Asian American represented on the City Council. As a respected leader in the Vietnamese American community, my particular selection would infuse increased trust in our public servants in our city. My sole purpose has been to give back to the community and advocate for the best interests of our community members in whichever way I have been able, The hope is that we appoint someone whose ambitions are aligned with those of our community members and while mine has not been particularly political in nature but rather that of service, I believe that including my name amongst the candidates will offer constituents in Ward 4 a sound option who is truly representative of the community. While doing so, we will also be saving the city and its citizens more than half a million dollars by avoiding a special election in November. Our resources are thinly spread as it stands, and those funds would be better used serving some of our greatest needs. 2. From your point of view, what are the three greatest needs and challenges of/for the City at this time? As is the issue with many cities, I believe our greatest needs/challenges are as follows: 1) budget & finance matters (fiscal discipline and accountability), 2) continued economic development, and 3) public safety. It may seem that no ballot ever reaches voters without some tax measure seeking to redistribute city funds or levy taxes to increase support to our infrastructure or for education, which can cause concern amongst constituents and may place doubt in public trust. Those of us who pay closer attention can see ways in which the city's use of funds have benefitted the community, however, as with any organization there is always room for improvement - I believe efforts can be made to increase accountability 65C-23 Kenneth K. Nguyen and spread further awareness of the strides being made on the community's behalf. I am passionate about ensuring that funds are being used effectively as possible for some of the most important aspects of our community such as public safety. I have lived in Santa Ana for over 40 years and in Ward 4 for over 33, and I have seen our neighborhoods transform through the decades' thanks to the diligent efforts of our predecessors and diligent community members. It is important that we continue to make the right decisions that will propel economic development while ensuring that the constituents reap the benefits and are not priced out of the communities they have worked hard to cultivate. Orange County has seen rapid housing development over the last decade, and Santa Ana in particular, but it is of utmost importance to me that in making decisions that will impact our economic growth we do not lose sight of the community we are serving now nor the community we will continue to serve in the decades to come. It is my hope that with economic development and progress, we can continue to keep our neighborhoods safe and improve upon city infrastructure such as addressing public transportation that will lend itself to a future of sustatinability, and address our complex homelessness issue. It is my commitment to ensure our community continues to grow by making decisions that are best for its residents today. 3. What are the greatest opportunities for the City from your perpective? Diversity, a hub for arts and culture, and Santa Ana serves as the seat of Orange County are our greatest resources. While these are great strengths, it is also a significant opportunity to leverage these as catalysts to bring growth into the community. We have wonderful establishments such as the Bowers Museum, Discovery Science Center, Santa Ana Zoo, Downtown Santa Ana's culinary treasures along 4th Street as well as its neighboring historic quarters. These successes for our city serve as an invitation for continued growth from new businesses to creating a place where families want to call home. Santa Ana's bid for Amazon's HQ2 largely in place of Willowick Golf Course, while unlikely given the competition, gave the community cause to dream of could be possible for the city if we continue to leverage our assets - perhaps it would be more plausible maybe 10 years down the line. The decision to working with the City of Garden Grove for repurposing the outdated Willowick space that will be of greatest benefit to the community's needs is a step in the right direction, incorporated with the plans to push forward the OC Streetcar initiative. It is important that we quickly turnover outdated and underused spaces and innovate to give the community fresh experiences and to give the City a facelift, as is being done with the Main Place Mall project. With these opportunities to bring further growth to our community will give additionally direly heeded revenue to the City. 65C-24 KENNETH KHANH NGUYEN PROFESSIONALBACKGR4I', INTERNATIONAL BUSINESS CONSULTANT 1996 to 2016 ❖ Provide managerial consulting services related to starting, maintaining and developing business in the emerging market. Function as strategic liaison for trade development between the United States and other countries, including leading various trade missions for large U.S. based corporations and governmental officials. Serve as Resource Specialist to U.S. Federal Agencies and coordination of business transactions for U.S, based clients. sus Perform feasibility studies and marketing analyses of products and services, successfully determining how it will be accepted in the target market. Provide assistance in working with subcontractors, negotiating joint ventures, products licensing & manufacturing and other business interests. •+ Conduct project management and business development service to clients. Direct all aspects of project implementation through its completion, work closely with the entire development team and clients, to ensure that all projects are running effectively and efficiently. PRESIDENT / CEO - KEYNET Corporation, Fountain Valley, CA. 1990-1996 +•s Directed all operations of this network consulting company providing networking support, services and products to clients, including training, supervising and motivating an in-house staff of 18 and up to 84 independent contractors into high performance. Conducted business development activities to obtain new clients and negotiated service contracts. Created marketing programs and managed marketing staff. Developed reseller channel and VAR network to resell of all major computers networking products and other computer hardware and software product lines. + Administered installation of LAN and WAN systems for clients through a staff of CNE's and network technicians, which entails initial consultation, design, setup, upgrades, configuration, installation, cabling, training, and ongoing maintenance. Directed Internet services from initial concept to final hosting and daily maintenance, including consultation, design, Intranet security, network infrastructure, custom programming, training, web site hosting, and web page design. EXECUTIVE VICE PRESIDENT - American Micromax Systems, Inc., Alpine, CA. 1986-1990 •S Managed all operations of this corporation specializing in computer hardware manufacturing and distribution, administering activities for offices and dealers throughout the world and managing over 3,000 employees worldwide. Negotiated facility leases for operations throughout the United States and Europe. Organized and directed Research & Development staff. Administered state licensing process. Instituted product field-testing of AMS's product lines. Established Software Division and negotiated all software licensing. Implemented Mail Order Division and established OEM Hardware Division. d• Oversaw all procurement efforts, including contracting off -premises engineering and manufacturing for private labels with computer companies, vendors, and assembly plants, as well as negotiating with gray markets blue chip computer manufacturers and suppliers in the Far East. •S Conducted market research in order to effectively analyze competition and increase company market share, Determined cost and profit, market availability, and income potentials. Developed a revitalization plan to increase profitability, including performing cost analysis and preparing project budget. 65C-25 ❖ Organized and directed the preparations of business plan and financial statements and coordinated public offering of company's stocks. d+ Directed expansion of company growth, multiplying total annual revenue over twenty times, PRESIDENT - SETEC, Inc., Long Beach, CA. 1984-1986 *S Spearheaded the start-up and ongoing operations of this vocational training institution specializing in electronics technical training, including the preparation of all proposals for funding. +:• Prepared budgets and forecasts, located facility and negotiated lease, designed floor plans, and recruited and trained up to 16 instructors and support personnel, ❖ Developed and initiated strategic marketing plan and public relations campaign to recruit students for the training program. FOUNDER / PRESIDENT - Wilshire Computer College, Fountain Valley, CA. 1983-1984 Administered start-up and, operational activities for this vocational training institution.specializing in computer technology. +:• Negotiated building leases, re -modeling, recruitment and training of employees, development training and instructional materials and scheduling of operational hours. +S Developed business plans and implemented strategic marketing campaign to successfully expand public awareness and increase operational profitability. VICE PRESIDENT - California Trade & Technical College, Long Beach, CA. 1979-1983 ❖ Directed all operations of this high-volume vocational institution with seven campuses throughout Southern California, supervising and motivating up to 300 employees, including four campus directors. Effectively negotiated utilization of training facilities and coordinated start-up operations for each campus. Developed and implemented a strategic marketing plan. Designed and administered management information systems. Wrote proposals for CETA & JTPA. EDUCATION Georgetown University, Washington DC - Management Information System (1978 - 1979) +S Mount Marty College, Yankton, SD - Biology / Medical Technology (1975 - 1978) COMMUNITY SERVICE ACTIVITIES ➢ Founder & Chairman of the Board of the LITTLE SAIGON FOUNDATION from 1993 to present. Helped started the first Vietnamese community-based NGO non-profit organization that focuses mostly on programs for youth and in offering community service. Organized, sponsored and supported numerous community service programs and charity projects annually in Southern California. ➢ Member of Rancho Santiago Community College District -Measure Q Citizens' Bond Oversight Committee from August 2013 to present. Provide oversight, review and verify the revenue and expenditures related to the use of Measure Q funds to finance renovation, repair and construction at Santa Ana College. ➢ Member of Orange County District Attorney's Vietnamese Advisory Commission from 1998 to 2018. To advise ➢ Appointed by Mayor and Council Members of the CITY SANTA ANA as Parks and Recreation Commissioner from 2004 to 2016, as Ambassador to Vietnamese Community from July 2006 to present, and as Planning Commissioner from 2016 to present. 65C-26 ➢ Elected by community members and served as Vice -President of VIETNAMESE -AMERICAN FEDERATION OF SOUTHERN CALIFORNIA from 2010 to 2012. Coordinate and support Vietnamese community activities and advocate for the interests of the Vietnamese community in Southern California ➢ Awarded Community Service Award by several U.S. Representatives, the California State Senators, California State Assembly members, Orange County Board of Supervisor members and many Cities. ➢ Awarded Orange County Community Leader Award the O.C. HUMAN RELATIONS AGENCY in 2008 for community services and contributions for the purpose of bridging gaps and strengthening relationships between Vietnamese community with other communities. ➢ Awarded Outstanding Volunteer of the Year by the VOLUNTEER CENTER OF ORANGE COUNTY and by the ORANGE COUNTY REGISTER newspaper in 2002. ➢ Co -Founder of the Vietnamese Marthyrs Council 14445, the first Vietnamese Speaking Council of the KNIGHTS OF COLUMBUS and served as the Grand Knight of this council the from 2006 to 2010. Founder of the first Vietnamese speaking Assembly of the Knights of Columbus, the Our Lady of La Vang Assembly 3564 in 2010 and served as Faithful Navigator of this Assembly from 2010 to 2018. ➢ Chairman of the Financial Council & Member of the Board of Executives of the VIETNAMESE CATHOLIC CENTER, Santa Ana - California, from 2006 to 2010. Western Regional Vice -Chair of the FEDERATION OF VIETNAMESE CATHOLICS IN THE AMERICA from 2010 to present. ➢ Deputy Secretary General of the VIETNAMESE INTERFAITH COUNCIL IN THE UNITED STATES from 2014 to present. This Council consists of Vietnamese spiritual leaders of Buddhist, Cao Dai, Catholic, Christian, Hoa Hao and Orthodox religions in the United States. To promote cooperation and respect amongst people of various faiths, to encourage people of all religions to work together for mutual understanding, to help protect religious freedom, to celebrate faith traditions, and to be advocates for justice. ➢ Serving as a Vietnamese Community Advisor to the City of Westminster, City of Garden Grove and numerous State and federal governmental agencies. To assist government agencies in better understanding on issues that is related to the Vietnamese -American community in Orange County. ➢ Member of Blue -Ribbon Executive Committee of the CITY OF GARDEN GROVE from 2005 to 2007. Provide assistance to City Council and City Manager in the City's fiscal issues, suggested economic development plans to overcome the financial crisis and planning of the City's 50th Anniversary celebration in 2006. ➢ Vice -Chairman of the ORANGE COUNTY MULTICULTURAL COMMITTEE from 2001 to 2010. Promote understanding and appreciation of diversity and inter -communities relations in efforts to connect Vietnamese -American community with other communities in Orange County. ➢ Member of the Board of Directors of the LITTLE SAIGON BUSINESS DISTRICT COMMITTEE in Little Saigon from 1986 to present. Build effective coalitions that unite the Little Saigon business community on key issues. Function in the public interest by encouraging members to maintain and observe ethical business practices and standards of conduct. ➢ Founder and Chairman of the NATIONAL COMMITTEE OF VIETNAMESE SCOUTING IN AMERICA from 1983 to 1998. Formed the first Vietnamese Scouting group in Southern California in 1978 which actively promoted scouting ideals and principles, enriched the Vietnamese culture, and promoted scouting to the Vietnamese youth throughout the United States. 65C-27 otla000no-NarX-oene aaaoa7 Date Initial Filing Received `"` " STATEMENT OF ECONOMIC INTERESTS °rrde'us* Oily 9 M. , AIS Nt M NT COVER PAGE 7919 hlP12 Please type or print in Ink. fu Y"l+' {'f M C n + 7 r r. • , rvnmc ua r,Iccn tW4n11 IWlaaly 4rl. L_ " P [hilnp4ap f NGNYHN, XIDNNHTH XHANH 1, Office, Agency, or Court Agency Nems (ponotuseaalronyms) CITY OF SANTA ANA bivhiort, C3aarzl, Ceparhont bhrtriot, It appllcablg Year PLANNINU COMMISSION COMMISSIONER a if tiling ter multiple poripone, flet below or on an atteohment (bo not usa acronyms) Agency: position: 2. Jurisdiction of O iee (Chock at least One hex) ( State ( Judge or Court Commissioner (Statewide Jurisdiction) Ejmulti-County__......... _w_ ........ _.,_.___ D county nt...._.____M____.__._..__.______.__ Ox Chy of Santa Ana � C Oftler 1 Type of Statement (shack at least ane Spit) hg] Annual: "rhe Proton Mvered Is January 1, 2017, through Leaving Office: bate Lest December 91, 2017 (Chock ane) •Or« The period covered Is....,......J.w....__.I , through 0 The period Covered is January t. 2017, through the date of December 31, 2017 A��� leaving office. Assuming Office, Cate assummd L- � __ _._. T�`� 0 The pared covered to ._-......J_ ___J___' through the data of leaving office, /� ,` XCandidafe:Catooffilodon .....�,_� andofficaooughtlfdlffluirdthimParti: G'li2J. 1t� lYz�l✓<ntj— - Schedule Summary (must complete) a. Tonal number of pages including this diver page: Schedules attached Schedule A•1 • Invostmants - Schedule ataohad C Schedule A4 lev"Iments- sohodula atathad i Schedule 8 , Real Property - schedule attached .or. 29 None - No reportable interests on any schedule MI a, e e C schedule C . Incarno, Loons, & Business Povltiona - schedule attached schedule D • WOW - Gifts - schedule attached 7 Schedule E . Income w Gifts - Areval Payments - schedule attached MAI41NGnnnNcna eTNEET O11Y STATE ZIP CAnE tausfnesn ar+ianncyAd�lrasn Mcommandetl • PuWPo aaoumnnr) haralq and in any attached aparng tlpt statarnent. I have roviowed this statement and to the best of mpg knowledge the Information contained true and completa. I acknowledge into Is a public document. 1 certify under penalty of perjury under the laws of the state of California that the foragaina Is true and correct. Batosigrmd 03/11/2019 (mmhlh, Joy, <wr) 4a-; _n- signature PPPO farm 700 (2017/2018) FPPO Advice Emalu advicaMpeo ca,gav 65C-28 9DUP T r*'W�w A r e„rem arrAra�rA_1„0, .% r,�,.,.w,r. ' 3/19/19 City Council Meeting APPLICAN JENNIFERILI CITY OF SANTA ANA CITY COUNCIL MEMBER VACANCY APPLICATION FOR APPOINTMENT, WARD 4 CITY COUNICL OFFICE DUE DATE: Tuesday, Marcia I2.2019, at 12.00 P.M. uuomgl Postmarks not acceptable. Submit to omm n aniou or in person at. C I Clerk of the Council Office, City Hall, 20 Civic Center Plaza, 81 Flo;f . Name: Jennifer First Middle OFFICE USE NLY Confirmed with ROV, Ward 4 Qualified Elector: GT PAIR 12 r,P11 10: n:� Oliva Home Address: - Zip Code: ® Phone: ® Email: Length of time residing in Ward 4: 24 years Occupation: Freelancer for Marketing and Creative Services Employer: Self-employed Years Lived in Santa Ana: 28 REASON FOR INTEREST IN THIS POSITION: Years Worked in Santa Ana Last 1. 1 am interested in serving on the City Council for the following reasons: (Please use additional, paper if necessary.) I am interested In serving on the City Council because, as a life-long resident, I understand the need for a better quality of Ilfe for all residents. I also believe 1 could offer a greater perspective to the Council through the lens of a woman, a young adult, and a Latina. 2. From your point of view, what are the three greatest needs and challenges of/for the city at this time? (Please use additional paper if necessary.) One of the city's greatest needs Is the Improvement of our infrastructure, we need to fix our streets, sidewalks, and find a solution to our Flooding Issues. Another challenge our city is dealing with Is our understaffed city across the board (law, parks, pd), a city our size needs to be adequately staffed for emeent services and for the safety of our neighborhoods and residents, and lastly, a challenge I believe our city needs to address is how to provide more resources for our youth. 3. What are the greatest opportunities for the City from your perspective? (Please use additional paper if necessary.) One of our city's greatest opportunities Iles In our economic development. Santa Ana is nestled between the 405 and 5 freeways, a perfect location In Orange County, and we should be capitalizing on that. I believe that with proper planning, innovative strategy, and the right opportunity, Santa Ana has the potential to be a hub of commerce, arts, and entertainment in Orange County. I have read and hereby certify that I meet the eligibility criteria shown in the attached Application Form Checklist for appointment stipulated under City Charter Section 403 indicated below and will comply with all Fair Political Practice Commission (FPPC) reporting requirements. "In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until his successor is el ainder of an unexpired term, Such appointee must, at the time of his appointment and c for thereto, have been and be a resident of the ward from which his predecessor was el I to fill a vacancy by appointment within thirty (30) days after such an office shall have become n election to be held to fill such vacancy." SIGNATURE DATE 3/11/19 ** PLEASE ETAILINC YOUR COMMUNITY INVOLVEMENT ** 65C-30 Skills Summary Fluent - Spanish & English, oral &written Proficient -Social Media: Facebook, Instagrom, Twitter, Wordpress Proficient- Google Drive, Microsoft Office Education Communication Studies, M.A. California State University, Los Angeles Praflctent-Learnin6 'h eaha�er��y4�steJ�rs�r,, Moodie, Acclaim Certification - Google AdWords, Google Shopping Experience... Adobe Creative, Podcasting May 2018 Communication, Area of Specialty: Mass Media, Comprehensive Exams Courses: Instructional Communication, Strategic Communication, Mass Media Studies, Quantitative and Qualitative Research, Rhetoric Studies Organizational Communication & Public Relations, B.A. May 2016 California State University, Las Angeles Communication, Emphasis: Organizational Communication and Public Relations Experience Arts & Culture Commissioner Jan. 2019 - Present Arts & Culture Commission, City of Santa Ana As a member of the commission, the goal is to be on advocate for the arts, arts education, and push for cultural diversity. Professional Freelancer Freelance Marketing and Creative Services July 2018 - Present Content creation for social media platforms including content calendar strategy and hashtag strategy to encourage consumer engagement. Paid social: Facebook and Instagrom lead generation with e-mail follow up program. Search engine marketing and optimization with an expertise on keyword search. Brand building, including brand guidelines, website design, and logo design. California State University, Los Angeles Aug. 2016 - Aug. 2018 Graduate Teaching Associate, Instructor of Record Instructor of general education required -course, Oral Communication, 2 sections per semester, developed lessons plans and quizzes, graded full -sentence preparation outlines, APA reference pages, and multiple quizzes Santa Ana Unified School District May 2015 - July 2016 Assistant Instructional Provider Experience with 3rd I 5th and 9th to 12th grade, underrepresented and minority students, facilitated creative writing classes, coordinated and facilitated writing workshops, organized tutoring sessions, and mentored students 65C-31 Lambda Pi Eta, Sigma Phi - California State University, Los Angeles Social Media Marketing Coordinator / Sept, 2014 —May 2016 Assisted and managed Facebook, Wordpress and Twitter accounts; created daily content that revolved around the realm of academia and communication; curated music reviews; contributed to marketing efforts; including hashtag and viral strategies Awards and Acknowledgements Top Student Paper / National Communication Association, National Conference 2017 Graduate Teaching Assistantship / California State University, Los Angeles Member / National Communication Association's Manor Society, Lambda Pi Eta, Sigma Phi 65C-32 STATEMENT OF ECONOMIC INTERESTS Date Initial Filing Received Official Use Only COVER PAGE Please type or Print In Ink. A PUBLIC DOCUMENT NAME OF FILER (LAST) (FIRST) 1MI i`I. . . ,'Iif Ii Oliva 1. Office, Agency, or Court Jennifer Agency Name (Do not use acronyms) Santa Ana "? r Division, Board, Department, District, If applicable Your Position City Council ( c,.N 0j $cr%+a AV a Councilmember, Ward 4 a ► If tiling for multiple positions, list below or on an attachment. (Do not use acronyms) oWa r' Agency, Position: 2. Jurisdiction of Office (check at feast one box) ❑ State ❑ Multi -County N city of Santa Ana 3, Type of Statement (Check at least one box) ❑ Annual: The period covered is January 1, 2018, through -or.December 31, 2018. The period covered Is December 31, 2018. ❑ Assuming Office: Date assumed X] Candidate: Date of Election Lnl ❑ Judge or Court Commissioner (Statewide Jurisdictlon) ❑X County of Orange ❑ Other ❑ Leaving Office: Date Leff — J (Check one circle,) through O The period covered Is January 1, 2018, through the date of or leaving office. O The period covered is through the data of leaving office, and office sought, if different than Part 1: a. Schedule Summary (must complete) ► Total number of pages including this cover page: Schedules attached ❑ Schedule A-1 • Investments – schedule attached X❑ Schedule C - Income, Loans, & Business Positions – schedule attached ❑ Schedule A-2 - Investments – schedule attached ❑ Schedule D - income – Gifts – schedule attached ❑ Schedule 9 - Real Property – schedule attached ❑ Schedule E . Income – Gifts – Travel payments – schedule attached -or- ❑ None - No reportable interests on any schedule MAILING ADDRESS STREET CITY STATE ZIP CODE (Business crAeenevAddress Recommended - Public Document) I have used all reasonable dlllgence In preparing this statement. I have reviewed this statement and to the best herein and In any attached schedules is true and complete. I acknowledge this Is a public I certify under penally of perjury under the laws of the Stale of California that the for Date Signed March 11th, 2019 (month, day, year) 65C-33 FPPCToll-Free Helpline: 856/275,377; ew;.fppe.'a.80v Page • 5 SCHEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) NAME OF SOURCE OF INCOME Zen Digital LA ADDRESS (Sualness Address Acceptable) 2301 8th Ave, Los Angeles, CA 90018 BUSINESS ACTIVITY, IF ANY, OF SOURCE Marketing and Creative Services YOUR BUSINESS POSITION Freelancer GROSS INCOME RECEIVED ❑ No Income - Business Position Only ❑ $500 - $1,000 ® $1,001 - $10,000 ❑ $10,001 -$100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ Salary ❑ Spouse's or registered domestic partner's Income. (Far self-employed use Schedule A-2.) ❑ Padnershlp (Less then 10% ownership. For 10% or greater use Schedule A-2.) ❑ Sale of (Real property, car, boat, etc.) ❑ Loan repayment ❑ Commission or ❑ Rental Income, der each source of $10,000 or more (Desctlbe) FX1 Other Payment per project (Describe) NAME OF SOURCE OF INCOME California State University, Los Angeles ADDRESS (Buslness Address Acceptable) 5151 State University Dr, Los Angeles, CA 90032 BUSINESS ACTIVITY, IF ANY, OF SOURCE Education YOUR BUSINESS POSITION Instructof of Record GROSS INCOME RECEIVED ❑ No Income - Business Position Only ❑ $500 - $1,000 Q $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ® Salary ❑ Spouse's or registered domestic partner's Income (For soN=omployod use Schedule A-2.) Il Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) ❑ Sale of (Real property, car, ❑ Loan repayment ❑ Commission or ❑ Rental Income, list each source of $10,001 more ❑ Other (Describe) You are not required to report loans from a commercial lending Institution, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available t0 members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER` ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 Comments: N/A INTEREST RATE TERM (Months/Years) ❑ None SECURITY FOR LOAN ❑ None ❑ Personal residence ❑ Real Property ❑ Guarantor Street address ❑ Other (Deccrlbe) FPPC Form 700 (2018/2019) FITC Advice Email: advice@ff pcu;a.l 651 FPPCToll-Free Holpllne:966/275-3772 www.fppc.ca.gov page -13 3/19/19 City Council Meeting CITY OF SANTA ANA i CITY COUNCIL MEMBER VACANCY a " APPLICATION FOR APPOINTMENT, WARD 4 CITY COUNICL OFFICE DUE DATE; Tuesday, March 12,2019; at 12200 P.M, noon, Postmarks not acceptable. Submit to eCornment c(�r Santa-ana.ors or in person at; Cleric of the Council Office CityHall, 20 Civic Center Plaza, 9°i Floor Name: Gale First Home Address: IO -Pare -NAM Confirmed with ROV, Word 4 Qaaalilfed Electo r: DnL%Y /Ii/inIA—i I/ ed -0 Y ?019 MAR I I P'11 5W-ks� Oliver Zip Code: ® Phone: ® Email: Length of time residing in Ward 4: 19 Occupation: alshop/Pastor Employer: Greater Light Years Lived in Santa Ana: 49 Years REASON FOR INTEREST IN THIS POSITION: Years Worked in Santa Ana `1 �' C. ,, r, Baptist Church/ Greater Light Family Church 34 Years 1. 1 am interested in serving on the City Council for the following reasons: (Please use additional paper if necessary.) I feel led by the Lordl Many people have asked me too to apply. I was born and raised here in Santa Aria, I graduated from Monte Vista Elementary, Carr Intermediate and S. A. Valley High in 1983. 1 know that Santa Ana can be one the greatest cities in the USA. I would love be apart of making that happen) The time Is now, for us to line up with Gods plan for the city of Santa Ana, to Flow In the love of God, and to love our neighbors as ourself. 2. From your point of view, what are the three greatest needs and challenges of/for the city at this time? (Please use additional paper if necessary.) 1. We need to operate in the love of God, so that we can help the homeless. 2. We need to help deliver and prevent people from Joining gangs, in other words stop the violence and unnecessary killings. 3. We need to stop the sex and drug trafficking and teach our children to be successful in life, and Invest back Into S. A., as we pursue greatness. 3. What are the greatest opportunities for the City from your perspective? (Please use additional paper if necessary.) 1. We have the opportunity to be one of the greatest and safest titles In the USA, with the help of God and the right Team -players. 2. We have the opportunity to stand up forlustics and make the right decisions, thatwlll please God and be a blessing to the citizens in Santa Ana, 3. We have the opportunity to reach out and save aur youth from destruction and failure. We will teach neighborly love In S. A.. We will help our children to succeed In Ilfe. I have read and hereby certify that I meet the eligibility criteria shown in the attached Application Form Checklist for appointment stipulated under City Charter Section 403 indicated below and will comply with all Fair Political Practice Commission (FPPC) reporting requirements. "In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment, In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term. Such appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy." SIGNATURE Gale Lee Oliver Jr, n1g11adzui1wustllfa:o4aa.poorJ` DATE o3/ mo1g ** PLEASE TTACIH A RESUME DETAILING YOUR COMMUNITY INVOLVEMENT ** 6 Bishop Gale Lee Oliver Jr. (BIO) CITY C; ', Gale Oliver was born in Santa Ana, California on March 19, 1965. I went to school and graduated from Monte Vista Elementary, Carr Intermediate and S.A. Valley High School in 1983. I Was saved in 1976 at 2°d Baptist Church in Santa Aria, California. I immediately joined the choir for about 4-5 years, I attended Gramhling State University for 2 years, where I majored in Computer Science and minored in accounting. I received my AA. Degree in theology from Family Radio School of the Bible, on December 11, 2006. Work Experience: I started out with humble beginnings when it came to working. I started off making money by cutting grass, recycling newspapers, bottles and cans. When I about fifteen and half I started working at McDonalds, located on Edinger and Raitt. I became a crew trainer within the same year training people, I was asked to be a manager, however, I was involved in football, track and basketball. In 1983, I became a teacher's aide for an elementary, as I was a college student at Grambling State University. After attending. Grambling State University for 2 years, I came back to Santa Ana and worked as a Supervisor at Grantree Furniture Rental for about 3 years, from 1985-1988. In 1988, I got my insurance license was promoted to a Vice President for Primerica helping people to save money on life Insurance. Shortly after that, I became a contractor and ran business with truck drivers, helping people to move from state to state. I was also a licensed ATM repairman in the 901s. I was the #1 Sales -Manager at New Horizons Computer Learning Center in 2000. God blessed me to build a powerful team. I learned that team -work makes the dream work. With that same philosophy I worked at The Credit Exchange, a financial services company in 2005, in 2006, I became a sales -manager. My goal was to train and teach people how to be 41 in the whole company, to set goals and reach them. I built the Dream Team and we were the best and I won Manager of the year 3 years in a row. We also had salesman of the year on our team 3 years in a row, Glory be to God, 65C-37 My ultimate dream was to become an actor. I graduated from acting class and began acting in January, 1991, until God called me into the ministry to preach the Gospel of Jesus Christ in the year 2000. Education: I received my AA Degree from Family Radio School of the Bible on December 11, 2006. I have also completed Faith Leaders Institute courses at USC, in 2015-2016. I am now the Bishop/Pastor of Greater Light Family Church. I have been apart of 3 Veteran Stand -downs. Three in Compton, The I't one in Long Beach and the 1st one we had at S. A. College, as we had brought the idea to Richard Sellers of the VA Long Beach and Deanne Tate with Vets First. I was blessed to do the invocation. I was able to start the flag prayer meeting every Thursday at noon, with the approval of Councilman David Benavides, as we prayed for the city of Santa Ana. I also worked with Pastor Kevin Brown, on a couple of projects, one being witnessing to the pimps and victims (prostitutes) every Friday for about a year. I also worked with him on the Willard Jr. High School project, keeping these teenagers from jumping others into the Logan Gang. We did that for about a year as well. Finally as Mayor Pro Tem Michelle Martinez ask me to help David Benavides and others with Love S. A., I did so and we are still teaching S.A. residents how to love their neighbors and making our neighbor hoods safe. We were recognized on 2/3/2015, by the City of Santa Ana. God also blessed me to do the first prayer invocation at the Board of Education Meeting, in Irvine. I here in Santa Ana to serve and make a positive difference. Thank you for considering me and God Bless You and Santa Ana! May God receive the Glory in Jesus Name! Bisho Gale L. Oliver - Greater Light Family Church "For we walls by faith .... not by sight" 2 Cor. 5:7 DB&MIH 65C-38 STATEMENT OF ECONOMIC INTERESTS Date Initial Filing Received ofFlclal Use only COVER FADE Please type or print in Ink. A PUBLIC DOCUMENT NAME OF FILER (LAST) (FIRST) (MIDDLE) •,fir•-� Oliver Jr. Gale 201LUP 11 R4 1, Office, Agency, or Court Cry ' Ci ` 1`,"°l Agency Name (Do not use acronyms) Greater Light Missionary Baptist Church/Greater Light Family Church ulstrlct, it Your Nosltlon ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) City Council Councilman _ Agency: �%%C+J� b n- rti'7'�.1� ✓�da�-. Position: WA n# 15�f•,,,,s-l.. 2. Jurisdiction Of Office (Check at least one box) ❑ State ❑ Multl-County ® City of Santa Ana 3. Type of Statement (check at feast one box) ❑ Annual: The period covered Is January 1, 2018, through -or- December 31, 2018, The period covered is I through December 31, 2018. Assuming Office: Date assumed�1 "� 6, C3 ❑ Judge or Court Commissioner (Statewide Jurisdiction) ❑ County of ❑ Other — ❑ Leaving Office: Date Left I I (Check one circle.) O The period covered is January 1, 2018, through the date of -or- leaving office, O The period covered is through the date of leaving office, ® Candidate: Date of Election 3/19/2019 and office sought, if different than Pad 1: Schedule Summary (must complete) ► Total number of pages including this cover page: Schedules attached ❑ Schedule A-1 - Investments - schedule attached ❑ Schedule A•2 - Investments - schedule attached ❑ Schedule B • Real Property- schedule attached -or- x❑ None - No reportable interests on any schedule ❑ Schedule C - Income, Loans, & Business Positions - schedule attached ❑ Schedule D -Income -. Gifts - schedule attached ❑ Schedule E • Income - Gifts - Travel Payments - schedule attached MAILINGADDRESS STREET CITY STATE ZIP CODE (Business orAgency Address Recommended - Public Document) 1600 W. 3rd Street Santa Ana Ca. 92707 ( 949 ) 307-2963 I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the Information contained herein and In any attached schedules is true and complete, I acknowledge this Is a public document, I certify under penalty of perjury under the laws of the State of California that timwaro Date Signed 03-11-2019 Signature (month, day, year) 65C-39 FPPC Form 706 (2616/2 FPPC Advice Email: advicerg7fppc,ce.gov.gav FPPC Toll -Free Flelplam: 666/275-3772 www.fppo.ca.gov page. $ 65C-40 3/19/19 City Council Meeting APPLICANT PHILLIP aCITY OF SANTA ANA CITY COUNCIL MEMBER VACANCY APPLICATION FOR APPOINTMENT, WARD 4 CITY COUNICL OFFICE Mame: DUE DATE: Tuesday, March 12,2019; at 12.00 P.M. noon,. Postmarks not acceptable. Submit to eCommentCaisanta-ana.oru or in person at yy Cleric of the Council Office, City Ball, 20 Civic Center Plaza, &°i Fl;©pi First Perez Middle 9MICE USE ONLY Confirmed with ROV, Ward 4 Qualified Elector: �1/ �J,� p I I � f f'•,. y' � l Ortiz JR Home Address Zip Code: Phone: Email: Length of time residing in Ward 4: 13 Years Occupation: Technician Years Lived in Santa Ana: 13 Years REASON FOR INTEREST IN THIS POSITION: Employer: Last Frontier Communications Years Worked in Santa Ana 19 I am interested in serving on the City Council for the following reasons: (Please use additional paper if necessary.) I feel we need someone with an unbiased opinion who represents the people of our city. We need someone who can listen to everyone's perspective and make Informed decisions based on that. I feel like I'm that person and would like the opportunity to show 2. From your point of view, what are the three greatest needs and challenges of/for the city at this time? (Please use additional paper if necessary.) The biggest issue our city Is facing right now is homelessness. We have a large homeless population situation that requires our attention. We also have budget and quality of life issues that everyone in our city face. Finding ways to reduce crime and getting getting people in our city involved In helping the police to do their really thankless job. 3. What are the greatest opportunities for the City from your perspective? (Please use additional paper if necessary.) Santa Ana is one of the best cities in the world. I think with how the news covers Santa Ana and the general stereotype that people have when they just hear the city name can be changed. If we focus on the right things we can change that perception never even I have read and hereby certify that I meet the eligibility criteria shown in the attached Application Form Checklist for appointment stipulated under City Charter Section 403 indicated below and will comply with all Fair Political Practice Commission (FPPC) reporting requirements. "In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment, In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term. Such appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, i election to be held to fill such vacancy," SIGNATURE DATE 03-11-2019 ** PLEASE ATTACH A RESUME DETA611,16G YY¢UR COMMUNITY INVOLVEMENT ** Summary Interested In an opportunity to utilize my experience and knowledge In one or all of the following areas. I.T. network administrative, Office and Managerial, Telecommunications (phone, VoIP, broadband and cable maintenance) Installation and repair. Customer relations (sales and/or service). Computer skills / Software Platforms: Windows 98 to current Windows 10. Mac OS 9 and up Qulckbooks 2010.2013 Cam350 V,6,7 and 9 Eagle Cadsoft Microsoft office (excel, word, outlook, PowerPoint) Experience Fiber Network Field Technician (Novenrber2015--Present) Verizon / Frontier Communications Responsible for Installation and repair of Frontier FOS high speed Internet, (Digital phone) and video services. Configure, arrange and repair customer's aerial/buried drops and Inside wiring (IW). Including fiber splicing, mounting, grounding and activating ONT's. Assist/educate customers regarding Frontier FIGS products/services Including connecting customers to the wired and wireless network. Premises Technician (January 2013 - November 2015) AT&T Responsible for Installation and repair of AT&T's U -Verse high speed Internet, VolP (Digital phone) and IPTV sarvicas. Configure, arrange and repair customer's aerlal/burled drops and Inside wiring (IW) up to AT&T's Residential Gateway (RG/Modem- Router). Assist/educate customers regarding AT&T's U -Verse products/services including connecting customers to the wired and wireless network. Was trusted as a ride partner in the field to train and assist new technicians with their daily activities Administrator / LT. / Cad Engineer (January 1999- Present) Printed Circuit Solutions, Inc. (formerly Select Circuits. Incorporated in 2012) Implemented and maintain the Internal wired and wireless network. Printed circuit board design and layout using Eagle Cadsoft and light Autocad. Developed and tested new processes to streamline manufacturing. Setup and maintain Qulckbooks company flles. Assist In processing A/P, A/R, Payroll and reconciliation. Complete both hardware and software updates and upgrades. Manage a department of up to 5 people up until January 2013, Education Cerritos Community College (non graduate) Business administration and Management Psychology Sociology APT College Completed courses and received certificates/Ileense In the following. FCC License Fiber Optics communications Fundamentals of Date Communications Wireless Technologies Basic Electronics. 65C-43 Please type or print In Ink. STATEMENT OF ECONOMIC INTERESTS COVER PAGE A PUBLIC DOCUMENT Date Initial Filing Received oRicief Use oMy NAME OF FILER (LAST) (FIRST) (MIDDLE) @3Y' Ortiz JR Phillip PElm nur 17 ltt`I 1. Office, Agency, or Court Agency Name (Do not use acronyms) M4r�- �. t r,,'r-I" ..I' City of Santa Ana Division, Board, Department, District, if applicable Your Position Ward 4 Council Member ► If fling for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: 2. Jurisdiction of Office (Check at least one box) ❑ State ❑ Multi -County City of Santa Ana Position: ❑ Judge or Court Commissioner (Statewide Jurisdiction) ❑ County of ❑ Other — 3. ' pe of Statement (Check at least one box) Annual: The period covered is January 1, 2018, through ❑ Leaving Office: Date Left I I -or. December 31, 2018. (Check one circle.) The period covered is _ I__...J through O The period covered is January 1, 2018, through the date of December 31, 2018. or. leaving office, ❑ Assuming Office: Date assumed I 1 O The period covered Is I I through 4.the date of leaving office, ,Candidate: Date of Election and office sought, If different than Pad 1: I� Schedule Summary (must complete) o- Total number of pages including this cover page, 3 Schedules attached ❑x Schedule A-1 • Investments - schedule attached ❑x Schedule C - Income, Loans, & Business Positions - schedule attached ❑ Schedule A-2 - Investments - schedule attached ❑ Schedule D - Income - Gifts - schedule attached ❑ Schedule B - Real Property - schedule attached ❑ Schedule E • Income - Gifts - Travel Payments - schedule attached -or- ❑ None • No reportable interests on any schedule 5. Verification MAILING ADDRESS STREET CITY STATE ZIP CODE I have used all reasonable diligence In preparing this statement. I have reviewed this statement and to the best of my knowledge the Information contained herein and in any attached schedules Is true and complete, I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing Date Signed 03-11-2019 with your aline 001CIA) 65C-44 FPPC Form 700 (2010/2019) FPPC Advice Email: advice®fppc.ca.gov FPPC Toll -Free Helpline: 866/275.3772 www.fppc.ca.gov SCHEDULE A-1 Investments Stocks, Bonds, and Other Interests (Ownership Interest Is Less Than 10%) Investments must be Itemized. Do not attach brokeraae or tlnanclal sh Apple Inc. GENERAL DESCRIPTION OF THIS BUSINESS Computer and Cell Phone and services FAIR MARKET VALUE ❑X $2,000 - $10,000 ❑ $100,001 - $1,000,000 ❑ $10,001 - $100,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑X Stock ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE 7 $2,000 - $10,000 ❑ $10,001 - $100,000 L] $100,001 - $1,000,000 ❑ over $1,000,000 NATURE OF INVESTMENT ❑ Stack ❑ Other (Describe) ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on schedule C) IF APPLICABLE, LIST DATE: ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $100,001 - $1,000,000 ❑ $10,001 - $100,000 ❑ Over $1,000,000 NATURE OF INVESTMENT L] Stock ❑ Other (Describe) © Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule 0) IF APPLICABLE, LIST DATE: ACQUIRED DISPOSED Comments: GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 )$100,aw ❑ $100,001 - $1,000,090 ❑ Ova-r_"ttqo,o0 - ti NATURE OP INVESTMENT ❑ Stock ❑ Other 0laecr e) •� ❑ Partnership O Income Received of $0-;'1,?4.9 4w: O Income Received of $500„cY`�y are (Report on Schedule C) IF APPLICABLE, LIST DATE: ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Describe) ❑ .Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule c) IF APPLICABLE, LIST DATE: ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS SUSINESS FAIR MARKET VALUE L7 $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other, ❑ Partnership O Income Received of $0 - $499 O Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: 118 ACQUIRED DISPOSED 65C-45 FPPC Form 70012018/2019) FPPC Advice Email: edvlce($fppo.ce.gov FPPC Taff -Free Heipllne: 866/275.3772 yr v.fppc.ca.gov P—.7 SCHJEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) NAME OF SOURCE OF INCOME Frontier Communications ADDRESS (Business Address Acceptable) 3770 Industry Ave., Lakewood, CA 90712 BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION Technician GROSS INCOME RECEIVED ❑ No Income - Business Position Only ❑ $500 - $1,000 ❑ $1,001 - $10,000 Q $10,001 - $100,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED 0 Salary ❑ Spouse's or registered domestic partner's Income (For self-employed use Schedule A-2.) ❑ Partnership (Loss than 10% ownership, For 10% or greater use Schedule A-2.) ❑ Sale of (Real property car, boat, etc.) ❑ Loan repayment ❑ Commission or ❑ Rental Income, list each source of $10,000 or more ❑ Other,. op"12 NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION P W° lU ta' GROSS INCOME RECEIVED ❑ No Income - Business Position Only ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $1oo,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ Salary ❑ Spouse's or registered domestic partner's Income (For aslf-employed use Schedule A-2) ❑ Partnership (Less then 10% ownership. For 10% or greater use Schedule A-2.) ❑ Sale of (Real property, car, boat, eta) ❑ Loan repayment ❑ Commission or ❑ Rental Income, list each source of $90,000 ormore ❑ Other * You are not required to report loans from a commercial lending institution, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER` ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 Comments: INTEREST RATE TERM (MonthsNeam) % ❑ None SECURITY FOR LOAN ❑ None ❑ Personal residence ❑ Real Property street address ❑ Guarantor ❑ Other (Describe) 65C-46 FPPC Form 700 (2018/2019) FPPC Adults Emall: advice@fppo.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov e...,. - 1. Mitre -Ramirez, Norma From: Garcia, Stephanie Sent: Tuesday, March 12, 2019 10:35 AM To: Mitre -Ramirez, Norma; Rojano, Michael Subject: FW: Test Hello, Here is the link to the signed application for Phillip Ortiz. 1� Q l From: Phillip Ortiz (fid F Sent: Tuesday, March 12, 2019 10:32 AM �(�6 To: Garcia, Stephanie <SGarcia5@santa-ana.org> VN Cc: Rojano, Michael <MRojano@santa-ana.org> Subject: Re: Test Link to application https:lldocumenteloud.adobe. comllinlcltrack?uri=urnPlo3 Aaaid0lo3 Aseds%3AUS%3 A3O2605bb-436o-4934•- a75f-fb85db03823e On Tue, Mar 12, 2019, 10:20 AM Garcia, Stephanie <SGarcia5(a santa-ana,org> wrote: Test Stephanie Garcia Office Assistant City of Santa Ana I Clerk of the Council Office 20 Civic Center Plaza I Santa Ana, CA 92701 714-647-6520 1 SGarcia5�2santa-ana.org 65C-47 65C-48 3/19/19 City Council Meeting ' �i,jj --�ili -� ��� - 111 i ' � I I J CITY OF SANTA ANAFFICR iU$ Q�ILY CITY COUNCIL MEMBER VACANCY Confirmed with ROV, Word 4 APPUCA'TION FOR APPOIfNTMENTCp WARD A Ouollfled Electon � + CITY COUN$CLOFFICE, /] f gqryryggyr� �pp p y----w�e,,�, C 0111 7 3,? l DUE DATE., Tuesday, March 12,2019; at.12,00 P.M. noon, Postmarks not acceptable. C1TY `'''',t'7 sal Submit to Y Gommer t sant t ann Pr Ala person ut: (, i,- r.' t Clerk of the Council Office, City Hall, 20'CIvic Center Plata, 81, .Door Name: Phil13acerra first _. :Muddle Last ploite Addresa: Zip Code: Phone: ® PmaiL Length a'ftrrne residing in Ward rl 4yeara, s monthe Ocorlpation: Land Use Consultant Employers ImIns & Assocrates Years ;Lived In Santa And; 14 Years Worked in Santa Ana s REA r? <?RIIVTERBST7.' Ia�AOSi .ON: 1. 1 am .interested in serving on the City Council for the following reasons: (Pleaso use additional paper if necessary.) Sao Attached. 2, From your point of view, what are the three greatest needs,and challenges of/far the city at this the? (Please use additional paper if neoessary,) Soo attached.. 3. What are the greatest opporttinities for.the City ,from your perspective? (Please use additional paper if necessary.) See attached. _.. _. I have read and hereby certify that I meet tate eligibility criteria shown in the ultuoWd Application Faro Checklist for appointment stipulated under City Charter Section, 403. indicated :below and will cornply with ail Fair 3P'olitieal Practice Commission (FP.PC) reporting regniremerits. "In the event of a vacancy in the City Coundl,. for whatever cause, the City Council shall declare the office vacant and fill the same by appointment, In each case the person so appointed shall hold office until the next general municipal election 'and ;until Nis successor Is elected and qualified for the remainder of an unexpired term. Such appointee must, at the firm of his appointment, and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thli ty (30) days after such an office shall have heoome uernnt, it shall forthwith cause an election to be held to fill such vacancy:' SIGNATURE DATE ** PLEASE ATTACH A RESUME DETAILING YOUR COMMUNITY INVOLaWMFNT ** 65C-50 711 t.,p,,,; w Application for AppointmenIFTv ` " 0, A'J,"r;,., Ward 4 City Council Office ;!...a - REASONS FOR INTEREST IN THIS POSITION 1. 1 am interested in serving on the Santa Ana City Council because I love our city and I want to help it thrive. I have loved our city since I was a young busboy at my uncle's restaurant near Downtown, Pop's Cafe. I want to take my education in urban planning from USC and my professional experience in urban planning and government and give back to our city. I want to help our city make the right decisions in order to provide quality services to all of our residents, whether you reside in Floral Park, French Park, Madison Park, Delhi, or Sandpointe. 2. From my point of view, the three greatest needs and challenges facing the City at this time are the current condition of our Civic Center, an understaffed police department, and being able to attract and manage economic resources. When William Spurgeon and James McFadden helped establish Orange County, they fought for Santa Ana to be the County Seat. They recognized the importance of Santa Ana serving as the governmental center of OC. Unfortunately, the previous City Council allowed homeless encampments to overtake the Civic Center, causing government employees, jurors and visitors to fear for their safety rather than spend more time and money in our city. The ability to address public safety for those in our Civic Center and those throughout our city is hindered by an understaffed police department. Residents and visitors alike should have confidence that the police will respond quickly and professionally when called. Our city will not be able to address staffing levels at the police department and other departments that provide essential city services without addressing our city's economic situation. We need to attract economic resources and better manage those resources in order to provide top-quality municipal services, 3. The greatest opportunities for the City from my perspective are being the County Seat, the update of the City's General Plan, and hiring the right person to fill the vacant City Manager position. Economic opportunities come along with being the County Seat. Thankfully, Santa Ana still retains the County Seat designation. Now that the homeless encampments have been cleared, we need to make the Civic Center safe, able to attract resources, and serve as a place for our community to gather. The update of the General Plan will allow our city to responsibly plan for our future, This involves designating density in the appropriate zones to avoid conflicts, increasing open space, enhancing historic preservation, planning at the neighborhood level, and responsibly allocating resources in order to provide extraordinary services for our residents. This makes the timing for hiring a City Manager perfect. In addition to overseeing the completion of the General Plan Update, the new City Manager can bring new ideas and motivation to implement our City's goals at a time where it is greatly needed. 65C-51 SUMMARY Resident of Santa Ana for over fourteen years and a dynamic problem solver with man}Ye'RI'o p r eta¢e jn rpap, psible overnment and service to our communi """�' EDUCATION University of Southern California, B.S., Urban Planning and Development 1999 �JNIRK • Independent and analytical thinker * Public speaking • Community engagement • Data collection and analysis • Public policy development * Governmental relations • Projeot management • Technologically proficient EXPERIENCE Santa Ana Planning Commission 2013-2018 • Analyzed applications for quasi-judicial actions from the Planning Commission. • Reviewed the annual Capital Improvement Program. • Advocated for the adoption of the County's first Adaptive Re -Use Ordinance • Insured that `Santa Ana" was identified on projects where appropriate, such as MainPlace Mall signage, City of Santa Ana Historic Resources Commission 2016-2017 • Determined whether properties qualified for the Mills Act program to incentivize preservation and restoration, • Reviewed requests to conduct exterior work on historic structures. • Analyzed regulations and policies that impacted historic resources in Santa Ana and their preservation. City of Santa Ana General Plan Advisory Committee 2016-2017 • Provided feedback and direction to City staff to assist with developing policies and objectives for the updated General Plan. • Communicated information about the General Plan Update to stakeholders and community members. Orange County Transportation Authority — Citizens Advisory Committee. 2005-2015 * Informed Santa Ana residents and stakeholders regarding projects and policy proposed by OCTA: • Provided input and proposed solutions on significant transportation issues City of Westminster, Westminster, CA 2007 Assistant Planner • Conducted environmental assessments and CEQA clearances, code compliance analysis, and prepared staff reports for discretionary land use entitlement cases, such as conditional use permits, residential and commercial developments, and parking analysis. • Made presentations to management, the Planning Commission, and the City Council. City of Los Angeles Department of City Planning, Los Angeles, CA 2000-2003 Planning Assistant • Researched and compiled data on existing land uses, reviewed proposed zone changes, and coordinated the input from multiple city departments for the update of the Hollywood Community Plan. • Composed design standards and conducted public participation workshops for Community Design Overlay Zones, PROFESSIONAL. AND CIVIC AFFILIATIONS American Planning Association University of Southern California Alumni Association Preserve OC Santa Ana Elks Lodge No. 794 65C-52 STATEMENT OF ECONOMIC, INTERESTS Data Inih 1 1 bl tUln lc7Qes9upd COMMISSIONCOVER PACE Please type orprint In ink. A PUBLIC DOCUMENT AM *:10&0 NAME nr FILERII.AS11 IFIRU) 'r'1r1 . A_ ••• M „ ). Baclerre Phil nov, or Court (Re not use acronyms) City pf° 061psacne Division, Board, Department, District,, It applicable Your Position City Council -Ward 4 Candidate r If filing for multiple positions, list below or pp an attachment. (Da not,p@e acronyms) Agency; Position;. Z Jurisdiction of Office (Chock at least one box) [I state El ,ludge or Court Commissioner (5tatewld0'durlsdictianr' M ❑ mull -county City or � Type of Statement (check at least one box). © Annual: The padod coveralls January 1, 2018, through -or-December 31, 2018. The period covered is J J through December 31, 2018. © Assuming Office: Date assumed [T County of — r>9 El Other rum(� L Leping Office: Mole I.sfl _ _._L l ®�l (Check one Circle,) 0 The pedod covered Is ,lora y 1, 2018, through the date of -or=Ieaving Office; 0 The pedal covered it ____J--. J ,: through the date of leaving oflfae, Q Candidata: Date of Eloolion 0/1012910 - And office sought, If different than Parl 1; Schedule Summary (trust complete) ► Total number of pages including this cover page: . Schedules affached 0 Schedule'A 1 . Investments –schedule attached © Schedule C . Income, Loans, &:lltialness Positions - schedule aifaehad N Schedule A•2 . Investments – schedule altachod n Schedule d . Income - Gifts – schedule attached E] Schedule 8 - Real Ptoperly–schedule attached El Schedule E • Income – Gifts -Travel Payments –schedule attached -or- Cl Notle , No reportable Interests on any schedula I. Verification MAII-INGAnnR"EES--^ STREET_ _.. _. -...CITY $rATF AP WDE laus6iese vrAImaw Address Rewmwawled -Fulok naGumew) I have used all reasonable diligence In preparing this statememt I have raviewed Slits statement and t4 the best of my knowledgerhe Information contained herein and In any attached schodulce is true tint complete, I noknbwiodge this is a public decurrlent. I codify under penalty of perjury under the taws of the State of California that Date Signed i i ('I — -- *41k, dap, yawl RK Form iaUj=81204) FPPC Advicalmalrr6dvice@?fppc.q.pAv PPPCi'oIl-Fret ntlnlineEa66)fl5.377'L vwww.fPPol�•auu 65C-53 "ad,a SCHEDULE A-2 Investments, Income, and Assets :of Business Entities/Trusts (Ownership Interest.is 10% or Greater) Jacaranda t"fftorprisep Neme' Pp Box 17$7 ,.I V1110, �A k03 A"Tdeess (SusFnees Address• ooepta lel Chd6k'one E] Tru@t, go,to; (9 Ouslaesa 5nply, complele the bqx, theft ge is 2 GENERAL DESORIPTION OF TRIS BUSINESS PAIR MARKET VALUE IF APF.UOABLE; LIST DATE: k $041.059 $1,059 $2,04c - $10,060 $101001.OK900 ACQUIRED DISPOSED $100;00.1 • $1,000„000. Ovar$f,,00o;00o CURE OF INVE$T'MEWt Partnership [A sole Propdatotshtp Q POSITION President O$0-$400 cNictno1.-1$100,000 Q $0oo.- $10.00 [].OVER $100,000 U Stool - 60,0410 None or EI Names listed below' Q INVESTMENT Q, REAL. FROPO4TY Name of Buslnese Entittyy if investmenr, or Assets wr'a NOrrel Number or Etreat Ad rocs of Real Property Description of Fortress Activity a( City or Other Pteoise Location of Real Property FAIR NARKET VALUE Q $anon - $1 ulut $16,001. $10o;9oo Q $104001 ^ $1,000,061) .Over $1,000,000 NATURE OF INTEREST [] ProoeV bwamaillIAPed of Trust IF APPLICABLE,_ LIST GATE: ACQUIRED DISPOSED Q Stoog Q Partnership Q Leasehold Q. Other. .. vire. r"abr-q Q Check box if sdeldonal schodtdes reporting: Investments or real property are attached CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES CONIMISSION Name Addram laualness Address Accapffibleµ Check One CI Trust, BO Yd 2 Q Business. Enthy, complete the box; then go to 2 GENERAL AESCRIPTION OF TRIS BUSINESS FAIR MARKETVALUE IF.APPUCAOLE; L15T.DATE:. 00 $t,E90 02000-$10,Q00 $10,001 - $109,000.. ACQUIRED 'DISPOSED $100,001 - $1,000,000 Over $1,000,000 NATUI} E OF INVESTMENT [I Partnership El $616 Pruprlatarship El P.r YOUR BUSINESS POSITION Q $0 - $400 Q $10,001 . $100,060 Q$5m-$1,mut OVER $100,000 Q stool •'smoo0 • II Y^ Y - Q None or Lj Names.listed, below Y' • 2 Check mmbox' Q INVESTMENT Q REAL PROPERTY Name of Business Enllty, It Investment ' Assessors Parcel Number or Street Address of Real. Property Doacrlptlon of Bgslness Activity or City or Other'Preelse Iocatioh of Real Property FAIR MARKET VALUE IF APPLICA UC, LIST DATE: Q $2,000 - $1(I;ObO q p Q $19,001 . $100.000 --- J_,...1 $100,001 $1,000;000 ACQUIRED DISPOSED over $ 1,000,000 NATURE OF INTEREST Q Property OwnershiplDeed of TI'ust Q Stock Q Partnership Q Leasehold Q Other Ym. mmainlna .Q Check box if additional schedules mportn0 Investments or Mai property aro attached -------- ARRC ForM760 (2030%2019) FPPC AdOm F.All;,advlte@fpIIcxq.Rnv VPPCTPd+reeHelpltde: q0a/zTS.3T72 Wwuuippr re.{lav 65C-54 Figa'9 Mitre -Ramirez, Norma From: Phil Bacerra Sent: Tuesday, March 12, 2019 2:10 AM To: eComment Cc: Mitre -Ramirez, Norma Subject: Application for Appointment to Ward 4 City Council Seat Attachments: 2019-03-11-SA-Ward_4-Appointment_AppI kation-Questions-Bacerrapdf; 2019-03-11- SA-Ward_4-Appointment_Application-Signed-Bacerra.pdf; PhilBacerraResume-Ward_4 _Appointment-2019-03.pdf;2019-03-11-Form_700-Signed-Bacerrapdf I herein submit my application, resume, and completed Form 700 in order to be considered for appointment to the vacant Ward 4 City Council seat. Please let me know if you need anything else from me. Sincerely, Phil Bacerra 65C-55 65C-56 RESOLUTION NO. 2019 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING AN APPOINTMENT TO FILL A VACANCY IN THE CITY COUNCIL OFFICE WARD 4 PURSUANT TO SANTA ANA CITY CHARTER SECTION 403 WHEREAS, Roman Reyna, Councilmember Ward 4, submitted his resignation from the Santa Ana City Council, effective March 1, 2019; WHEREAS, on March 5, 2019, the City Council declared a vacancy in the Ward 4 seat; WHEREAS, on March 5, 2019, the City Council an approved a vacancy application process requiring qualified persons to submit a "Application for Appointment, Ward 4, City Council Office" to the Clerk of the Council no later than 12 Noon, on March 12, 2019; WHEREAS, the Clerk of the Council has publicly noticed the availability of application information via local news outlets and the City's internet and social media platforms; WHEREAS, the City Council is mandated to appoint a qualified person to fill the Ward 4 vacancy pursuant to Charter Section 403, which provides in pertinent part: In the event of a vacancy in the City Council, for whatever cause, the City Council shall declare the office vacant and fill the same by appointment. In each case the person so appointed shall hold office until the next general municipal election and until his successor is elected and qualified for the remainder of an unexpired term. Such appointee must, at the time of his appointment and continuously for one (1) year prior thereto, have been and be a resident of the ward from which his predecessor was elected. If the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such an office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy. WHEREAS, on March 19, 2019, the City Council held Interviews of persons seeking appointment to the Ward 4 Vacancy; WHEREAS, on March 19, 2019, the City Council selected a qualified applicant to serve until the next General Municipal Election and until his or her successor is elected and qualified; No, 2019 -XXX Page 1 of 2 EXHIBIT 2 65C-57 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: SECTION 1. Pursuant to Charter Article 403: (Name) has been determined to be eligible and qualified to serve for the remained of the unexpired term as a City Council Member Office Ward 4, until a successor is elected and qualified. SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. ADOPTED this — day of March, 2019 Mayor Miguel Pulido APPROVED AS TO FORM: By A, � pp��,,���Sonia Carvalho `"L-"" City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE Acting Clerk of the Council do hereby attest to and certify the attached Resolution No 2019-xxx to be the original resolution adopted bythe City Council ofthe City of Santa Ana on March 19, 2019. Date: Norma Mitre Acting Clerkofthe Council City of Santa Ana 65C-58 No. 2019 -XXX Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: PUBLIC HEARING —ZONING ORDINANCE AMENDMENT NO. 2019-01 TO AMEND CHAPTER 41 (ZONING) TO ADD A DEFINITION FOR "SCHOOLS" AND TO ALLOW SCHOOLS AS A PERMITTED USE IN THE SPECIFIC DEVELOPMENT NO. 82 ZONING DISTRICT AT 2601- 2617 WEST FIFTH STREET (STRATEGIC PLAN NOS. 3, 2) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I uma" 01M ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER It is recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2019-01. PLANNING COMMISSION ACTION At its regular meeting on February 11, 2019, and after receiving public testimony on the item, the Planning Commission recommended that the City Council approve Zoning Ordinance Amendment No. 2019-01 by a vote of 5:0 (Alderete and Verino absent). The Planning Commission added language to the Specific Development No. 82 zoning document (SD -82) to require the submittal and approval of a traffic plan and a safety plan prior to issuance of any building permits for a school use (Exhibit 2). DISCUSSION Red Hook Capital Partners III, LLC, representing Vista Heritage Charter Schools, submitted an application to amend the Permitted Uses and Operational Standards sections of the Specific Development No. 82 (SD -82) zoning district to specify "schools" as a permitted use and to add operational standards for a school use. In conjunction with the request, staff is proposing an amendment to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to add a "school' definition. If approved, Vista Heritage Charter School intends to expand their 6 -8th grade operation located at 2609 West Fifth Street to include Kindergarten through 5th grades within the spaces located at 2601 through 2617 West Fifth Street. 75A-1 ZOA No. 2019-01 2601-2617 West Fifth Street March 19, 2019 Page 2 School Expansion The existing Vista Heritage campus is approximately 18,368 square feet in size and will increase to 66,000 square feet at full build out. The additional square footage will accommodate 38 classrooms, a multi-purpose room, two cafeterias, office areas and conference rooms. The enlarged campus will be able to accommodate 870 total students, including 420 elementary age students and 450 middle school students. The increase in grades and students is expected to occur gradually, with the buildup anticipated to take up to five years to reach maximum capacity. The school will operate Monday through Friday from 7 a.m. to 6 p.m. The school currently operates from 8 a.m. to 3 p.m. but will shift their starting hours to between 7:30 a.m. to 8:15 a.m. to facilitate the drop-off function. School will end between 3 p.m. and 3:15 p.m., with about a third of the students expected to leave the campus. The remaining students will remain for after school care and will exit the site between 3:15 p.m. and 6 p.m. Building and Site Improvements Improvements will be primarily limited to interior tenant improvements to modify the building to accommodate school occupancy. Also part of the tenant improvements is the construction of a new elevator to comply with ADA requirements. The recreation area component for the school, currently located at the rear of the building, will be moved inside to minimize potential conflicts and/or impacts to the students and adjacent businesses. In response to feedback received during community outreach meetings, the school elected to avoid conflicts with adjacent businesses by locating their recreational facilities within the building. As a result, a 9,600 square foot multi- purpose room will accommodate basketball, soccer and other activities normally found at elementary and middle school sites. Minor exterior improvements will also be made to the building and site. These include a new disabled path of travel, parking lot repairs and restriping, and a yet to be determined fair share contribution toward a traffic signal on Fifth Street. Finally, the exterior of the building will incorporate a new paint scheme and signage. Parking A total of 67 parking spaces (1.5 spaces per classroom plus 3/1,000 square feet of office area) are required for the school, while 144 are provided. Currently, the parking demand for the school is 20 spaces, which accommodates the number of teachers and staff on the premises. At full buildout, approximately 62 staff and teachers will be working on the premises. The current integrated development site has a set of conditions, covenants and restrictions (CC&R's) that cover the three parcels and seven buildings that make up the development site. The initial CC&R's included standard language covering reciprocal access and egress and permitted shared parking between all parcels. A second amendment to the CC&R's, recorded in 2016 and rerecorded in 2018, removes the reciprocal parking agreement for the development. As a result, the Templo Calvario/Vista Heritage buildings are limited to parking in the spaces on their site, with the adjacent uses having no access to their parking spaces. 75A-2 ZOA No. 2019-012601-2617 West Fifth Street March 19, 2019 Page 3 Planning Commission Comments At the Planning Commission meeting, the Commission expressed a concern with the circulation pattern of school shuttles and vehicles utilizing the pick-up and drop-off functions as well as for the safety of students. In response to these concerns, staff added language to the SD -82 document requiring a Traffic Plan and a Safety Plan prior to issuance of building permits. The Commission also asked staff to work with the various property owners to assist on the establishment of a permit parking program for the properties. Full size plans are available with the Clerk of the Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. O Minh Thai Executive Director Planning and Building Agency VF:Ia S:UM2019\03-19-19820A 2019-01 Vista Heritage Exhibits: 1. City Council Ordinance 2. Planning Commission Staff Report 75A-3 75A-4 EXHIBIT 1 LS 2,11.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD -82) ZONING DISTRICT TO ALLOW SCHOOLS AS A PERMITTED USE, AMEND THE SANTA ANA MUNICIPAL CODE TO ADD A DEFINITION OF SCHOOLS AND TO ADOPT A SET OF OPERATIONAL STANDARDS FOR SCHOOLS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council, by Ordinance No. NS -2777, adopted October 20, 2008, rezoned property located at, and adjacent to, 2501 West Fifth Street, more specifically described in said ordinance, to Specific Development Plan No. 82 (SD -82) for such property. B. It is now desired to allow schools as a permitted use within the SD -82 zoning district, define "schools", and adopt operational standards for schools to minimize any impacts resulting from their presence in the SD -82 district. C. On February 11, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-01. D. The City Council, on March 5, 2019, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-150.5. — RPgenaa Schools. A school means any public, charter, or private educational facility for elementary, middle iunior high and high school, serving kindergarten through twelfth grade students, including denominational and sectarian, boarding schools, and military 1 75A-5 academies but does not include preschools and child day care uses as defined in Section 41-42.5. Section 4. The Specific Development No. 82 (SD -82) zoning document is hereby amended to read as follows: TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD -82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted The following uses are permitted in the SD -82 District: (a) The compounding, processing, or treatment of raw or previously used materials into a finished or semi -finished product, excluding those specified in SAMC section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. (e) Wholesale establishments where the primary trade is business -to - business sale of products, supplies and equipment. 75A-6 (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the properly of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. Q) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non -automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales [twenty-five (25) cubic feet or greater] when such products are the primary sales activity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w) Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. (y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. KI 75A-7 (2) Large collection facilities. (3) Light processing facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Schools 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit: (a) Administrative office use occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the gross floor area. (c) Child care facilities occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. (d) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above -ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. (e) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 3. The following uses may be permitted in the SD -82 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. 75A-8 M Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. Q) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (1) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini -warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Churches and ancillary church uses. Section 4. Development Standards 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be 75A-9 architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on- site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. (a) A landscaped area not less than 10 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right-of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosures: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (d) Lighting Standards/fixtures: A minimum of one -foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. School Operational Standards a) A Traffic Plan shall be submitted for review and approval. The Plan shall include specifics on school bus drop-off and pick-up areas (limited to front of building) student drop-off and pick-up areas (limited to rear of building) and the driveways to be used for these functions. b) A Safety Plan shall be submitted for review and approval. At a minimum the Plan hall include provisions for student safety to the campus during school operating hours and safety exiting the campus. c) Physical education activities shall be limited to indoors only. No activities shall be conducted outside the building. A minimum of 10 square feet of physical activity area per student shall be provided. 6 75A-10 d) Student enrollment for the school shall be capped at a maximum of 960 students. e) A parking management plan shall be submitted to the Planning days prior to the start of school. The plan shall include provisions for parking during special events at the school. f) The school shall submit an Annual Special Events Program to notification of neighbors within SD -82, vehicle circulation, and parking during special events at the school. g) Schools are subject to periodic review by the Planning Division to ensure compliance with the Operational Standards. Failure to comply with the Operational Standards may result in a review by the Planning Commission for further action. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 75A-11 7 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana 75A-12 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 11, 2019 TITLE: EXHIBIT 2 1105�,R •,, c Ix PLANNING COMM R R } r PUBLIC HEARING -- FILED BY RED HOOK CAPITAL PARTNERS 111, LLC FOR ZONING ORDINANCE AMENDMENT NO. 2019-01 TO ALLOW SCHOOLS AS A PERMITTED USE IN THE SPECIFIC DEVELOPMENT NO. 82 ZONING DISTRICT AT 2601- 2617 WEST FIFTH STREET (STRATEGIC PLAN NOS. 3, 2; 3, 5; 5, 3) Prepared by Vince Fr2gR( o Executive Director APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED Zoning Designation ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager RECOMMENDED ACTION It Is recommended that the Planning Commission recommends to the City Council adoption of an ordinance approving Zoning Ordinance Amendment No. 2019-01. Executive Summary Hector Pineda from Red Hook Capital Partners III, LLC, representing Vista Heritage Charter Schools, is requesting approval of a zoning ordinance amendment to amend the permitted uses and Operational Standards sections of the Specific Development No. 82 (SD -82) zoning district to specify "schools" as a permitted use in conjunction with operational standards. The purpose of the Zoning Ordinance Amendment (ZOA) request is to permit the expansion of an existing school at 2601-2617 West Fifth Street. Based on the analysis of the proposal, staff is recommending approval of the request to allow the proposed development project. Table 1: Prosect and Location Information Item Information Pro'ect Addresses T 2501-2617 West Fifth Street Nearest Intersection Fifth Street and Fairview Street General Plan Designation Industrial (IND) Zoning Designation Specific Develo ment No. 82 (SD-82ITemplo Caivario) Surrounding Land Uses (Exhibit 2) North P.E. ROW, Industrial and Single -Family Residential East Industrial South industrial West Industrial and Spurgeon Intermediate School Property Size The site is an integrated development site that consist of three se arate parcels and approximately 7.8 -acres__ 75A-13 ZOA No. 2019-01 February 11, 2019 Page 2 Item Information Existing Site Development Seven separate one and two-story buildings of approximately 195,000 square feet of floor area with 303 parking spaces. Existing Uses Auto related uses (auto repair and tire facilities) are located on the north side of the site; Templo Caivarlo Church and administrative offices are at the eastern end of the site; and, small light industrial uses are found at the west end of the site. Use Permissions Amendment to allow a school as a permitted use in SD -82 and sub ect to operational standards. Zoning Code Sections Affected Uses SD -82. Operational SD -82 Standards Prgject Description Vista Heritage Charter School is proposing to expand their current 6411 grade operation to include Kindergarten through 51t grades. To accomplish this, Vista Heritage is proposing to expand upon their 16,368 square foot facility by leasing an additional 48,000 square feet of floor area adjacent to their existing campus. The additional square footage will include space for 27 classrooms, multi- purpose rooms, a cafeteria and restrooms. If approved, Vista Heritage will encompass approximately 66,000 square feet of area for 38 classrooms, a multi-purpose room, two cafeterias, office areas and conference rooms. The enlarged campus will be able to accommodate 870 total students, including 420 elementary age students and 450 middle school students. The increase in grades and students is expected to occur gradually, with the buildup anticipated to take up to five years to reach maximum capacity. Currently, Vista Heritage operates within a two-story, 18,368 square foot space. The school has 11 classrooms, office areas, a cafeteria, a teachers lounge and restrooms. A total of 270 students currently attend the school, although the school is licensed for up to 420 students. The school will operate Monday through Friday from 7 a.m, to 6 p.m. The school currently operates from 8 a.m, to 3 p.m. but will shift their starting hours to between 7;30 a.m. to 8:15 a.m. to facilitate the drop-off function. School will end between 3 p.m. and 3:15 p.m., with about a third of the students expected to leave the campus. The remaining students will remain for after school care and will exit the site between 3:15 p.m, and 6 p.m. Improvements will be primarily limited to Interior tenant improvements to modify the building to accommodate school occupancy. Currently, Vista Heritage occupies the central bay of a three -.bay industrial building at 2609 West Fifth Street (identified as Bay 2 on the plans). At ultimate buildout, this space will contain 11 classrooms, conference space and a cafeteria on the first floor and staff areas on the second floor. The space at 2617 West Fifth Street (Bay 1), which consists of 16,077 square feet of first floor area, will have a multi-purpose room, a conference room and one classroom. Finally, 2601 West Fifth Street (Bay 3) will contain 11 classrooms and a cafeteria on the first floor and 15 classrooms on the second floor area. An elevator will also be provided within this bay to comply with ADA requirements. Minor exterior improvements will also be made to the building and site. These include a new disabled path of travel, parking lot repairs and restriping, 75A-14 ZOA No. 2019-01 February 11, 2019 Page 3 and a to be determined fair share contribution toward a traffic signal on Fifth Street. The exterior of the school will incorporate a new paint scheme and signage. A total of 67 parking spaces (1.5 spaces per classroom plus 3/1,000 square feet of office area) are required for the school, while 144 are provided. Currently, the parking demand for the school is 20 spaces, which accommodates the number of teachers and staff on the premises. At full buildout, approximately 62 staff and teachers will be working on the premises, which is less than the 67 required by the Zoning Code. The current integrated development site has a set of conditions, covenants and restrictions (CC&R's) that cover the three parcels and seven buildings that make up the development site. The initial CC&R's Included standard language covering reciprocal access, egress and parking between all parcels. A second amendment to the CC&R's, recorded in 2016 and rerecorded In 2018, removes the reciprocal parking agreement for the development. As a result, the Templo CalvarloNista Heritage buildings are limited to the 144 parking spaces on their site, with the adjacent uses having no access to their parking spaces. The recreation area component for the school, which currently is located at the rear of the building, will be moved to the inside of the building to minimize impacts to the students and adjacent businesses. Outdoor recreation area is not required for a charter school; however, in response to feedback received during community outreach meetings, the school elected to avoid conflicts with adjacent tenants and provide their recreational area within the building. A 9,600 square foot multi- purpose room is proposed to accommodate basketball, soccer and other activities normally found at elementary and middle school sites. As proposed, the site will comply with the development standards found In the SD -82 zoning document, with the exception of landscaping. Prior to issuance of a certificate of occupancy for the school, all landscaping will need to be provided per the SD -82 document. In addition, staff is Incorporating several operational standards that are intended to minimize conflicts between the school and adjacent uses. Table 2 on the following page provides a detailed analysis of the projects compliance with the applicable development standards. TaMe 2: Develaament Standards Standard Required by SAMG Provided Permitted Uses Churches, child care and Proposed code amendment would trade schools allowed with a allow schools as a permitted use conditional use permit. subject to compliance with operational standards. Walls and Screening Roof equipment shall be New roof mounted mechanical screened a uiment shall cow with Code Landscaping 10 foot landscape area is Does not comply. Landscaping to be required along north property installed. line Trash Enclosures Desi n to match buildin Will comply Lighting _ Minimum of one foot-candle Will cam I 75A-15 ZOA No. 2019-01 February 11, 2019 Page 4 Standard Required by SAME Provided throughout parking area Parking 67 spaces for classroom and office uses 144. Exceeds and complies Project Baokaround 2008, the City Council approved several entitlements for the business park located at the northeast corner of Fifth and Fairview Streets. One of the entitlements, Amendment Application No. 2008-06, was approved to change the zoning of the subject site from Light Industrial (M-1) to Specific Development No. 82 (SD -82). The request was initiated by the Templo Calvario Assembly of God Church, which was proposing to expand their worship facilities by constructing a larger sanctuary at 2501 West Fifth Street. The Templo Calvaria Assembly of God Church has had a presence in Santa Ana since 1926 and operated in various locations throughout the City until July 1985, when it relocated to its current location, A school use has been at 2609 West Fifth Street since the 1990's when Templo Calvarjo operated a preschool through Kindergarten school on the premises. In 2003, the site was home to the Edward B. Cole Senior Academy until it moved to a different Santa Ana location in 2010. From 2011 until 2015, Templo Calvario again operated a school at this location. In 2015, Vista Heritage began operating at the site and, with the zoning ordinance amendment, Is seeking to expand their operations into two adjacent suites. As a school use has legally occupied the premises for approximately 25 years, It is considered to be a legal nonconforming use. Therefore, the intent of the ZOA is to make the school use conforming and allow the proposed expansion of the facility. Project Analysis Feed Hook Capital Partners III, LLC, on behalf of Vista Heritage Charter School, Is requesting approval of a zoning ordinance amendment to allow the Vista Heritage Charter School to expand into two adjacent suites. Specifically, Vista Heritage is proposing to expand their existing 6r' -8t' grade school into a Kindergarten -8'" grade campus. The following sections of this report provides analysis for the proposed action item and the basis for staff's recommendation of approval for the project. Zoning Ordinance Amendment The subject parcel is located within the Specific Development No. 82 (SD -82) zoning district. This unique zoning designation allows a specific set of uses such as industrial, manufacturing, wholesale, limited commercial and church uses. This designation also allows certain Industrial uses and churches as a conditionally permitted uses. This zoning designation was originally adopted in October 2008 at the request of Templo Caivarlo. The purpose and Intent of an SD designation is to address unique circumstances that are applicable to parcels but are not permitted by the Zoning Code. An example is the adoption of 75A-16 ZOA No. 2019-01 February 11, 2019 Page 5 an SD to allow a mixed-use development that is not permitted by the City's existing residential or commercial zoning districts. For this specific proposal, the applicant is proposing to amend the SD -82 document to allow schools. In response to this application, staff is proposing that SD -82 be revised per Table 3 on the following page: Table 3: Permitted Uses and Operational Standards for SD -82 REQUIREMENT ISSUE AND PROPOSED AMENDMENT PERMITTED USE: Issue: Currently, schools, affiliated with churches, are permitted in SD -82 as an Allow Schools as a ancillary use as an ancillary use to a church. Schools not affiliated with a Permitted Use in SD -82 church are not specified as a permitted use. Proposed Amendment; As proposed, schools will be allowed by -right, no CUP is required, but schools must comply with specific development and operational standards. STANDARDS: Issue: _ School traffic may conflict with local traffic patterns and adjacent uses. In Circulation and Parking primarily Industrial districts, like SD -82, the Impacts could be particularly Management Plan severe. Proposed Amendment: The school shall prepare a Circulation and Parking Management Plan subject to review and approval by the Planning Manager or tier designee. The Plan shall address parking, onsite circulation and drop off and pick up. The Plan shall Identify how the school shuffles {currently 3 daily) will pick-up and drop- off students within the front parking lot. The Plan shall also Identify how the shuttles will operate at maximum capacity (approximately 10 shuttles). The Plan shall be designed to accommodate the projected school population and to ensure that there is no vehicle queuing off-site or conflicts with the adjacent industrial buildings to the north and west of the site. A traffic analysis may be required to demonstrate compliance. Annual Special Events Issue., Program. Schools typically hold a number of special events in the evening throughout the year. These events may create short-term, localized parking or noise impacts that could affect neighboring businesses. These impacts can be mitigated if the neighbors are informed prior to the event. Proposed Amendment: The school shall submit an Annual Special Events Program to Planning Staff and the local association at least 15 days prior to the start of school. The program shall include provisions for notification of neighbors within SD -82, vehicle circulation, and parking during special events at the school. 75A-17 ZOA No. 2019-01 February 11, 2019 Page 6 REQUIREMENT ISSUE AND PROPOSED AMENDMENT Physical Education Issue: Activity Area Standards Noise resulting from physical education or after-school sports activities can Exempt or Analysis Impact adjacent residents or tenants. Proposed Amendment: Physical education activity areas shall be designed so that their use does not disturb the commercial or industrial uses during regular business hours and residential uses between the hours of 8 p.m. and 7 a.m. As proposed, the physical education activities will be relocated to the Inside of the building. Maximum Student Issue: Enrollment Number of students can dictate the level of impact on adjacent uses. More Development, Objective No. 2 create new opportunities for business/job growth students mean more cars or buses picking up or dropping off students, more children on the playground and more noise Proposed Amendment: Student enrollment for the school shall not exceed the California State Public School maximum class size per teacher. In addition, no elementary school or middle school shall have a student population of more than 1,000 students. High schools are not permitted on the premises Industrial Use issue: Preservation Santa Ana is one of the few Orange County communities to still contain substantial industrial properties. The City's General Plan Includes policies that encourage land use decisions that support the preservation of existing industrial uses. Although a single school will not destroy an industrial district, a number of schoolsconcentrated in an industrial area could reduce the viability of the area for industrial and manufacturing uses. Proposed Amendment: Only one public school shall be permitted on the site. Table 4: CEQA. Strategic Plan Altanment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreachi CEQA CEQA Type Tu Exempt per Section 15061 bX31 Reason(s) In accordance with the California Environmental Quality Act (CEQA) the Exempt or Analysis recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore, the activity is not subject to CEQA. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal No. 3 - Economic Policy(s) Development, Objective No. 2 create new opportunities for business/job growth 75A-18 ZOA No. 2019.01 February 11, 2019 Page 7 CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach encourage private development through new General Plan and Zoning ance policies) and Goal No. 5 - Community Health, Livability, Engagement & ainability, Objective No. 3 (facilitate diverse housing opportunities and support A s to Dreserve and im rove the livabilit of Santa Ana neighborhoods)- ei hborhoods).Public PublicNotification & Community Outreach Required Measures On March 21, 2018, the applicant held a community meeting in accordance with the provisions of the City's Sunshine Ordinance at the Vista Heritage Charter School Cafeteria. A total of 13 members of the community attended, with issues such as parking, traffic, the drop -oft and pick-up functions and project timing were raised. Planning Division staff also attended the meeting. The applicant provided a draft notice, affidavit, copy of publication, and meeting notes to Planning Division staff in the days following the meeting. A public notice was posted on the project site on February 1, 2018. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on February 1, 2019. Newspaper posting was published in the Orange County Reporter on February 1, 2019. Additional Measures The project site is located within the boundaries of the Artesia Pilar Neighborhood Association. Staff has notified the association President of the project by mail a minimum of 10 days prior to the public hearing to ensure they were notified of the meeting and to identify if there were any areas of concern. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing,, no correspondence, either written or electronic, had been received from any members of the public. Fiscal Analysis The project is anticipated to create a positive short term impact through the creation of construction employment for the needed tenant improvements. Minimal long term impacts are expected from the increase in employee at the facility purchasing goods from adjacent commercial and restaurant establishments. There will be no impact to the property tax values since both the property owner (Templo Calvario) and the school have property tax exemptions. Conclusion Based on the analysis provided In this report, staff recommends that the Planning Commission recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2019.01. 75A-19 Section 4. The Specific Development No. 82 (SD -82) zoning document is hereby amended to read as follows: TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 Section 1. Applicabillty of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD -82) for Tempio Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. uses Permitted The following uses are permitted in the SD -82 District: (a) The compounding, processing, or treatment of raw or previously used materials into a finished or semi finished product, excluding those specified In SAMC section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41.489.5. (e) Wholesale establishments where the primary trade is business -to - business sale of products, supplies and equipment. 75A-20 (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops, (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. (j) Laundry and dry cleaning establishments In conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified In section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non -automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales [twenty-five (25) cubic feet or greater] when such products are the primary sales activity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w) Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. (y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. 3 75A-21 (2) Large collection facilities. (3) Light processing facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Schools 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit: (a) Administrative office use occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the gross floor area. (c) Child care facilities occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. (d) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above -ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. (e) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 3. The following uses may be permitted in the SD -82 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. 4 75A-22 (f) Eating establishments permitted In section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive-through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. Q) industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (1) Heavy processing recycling uses, (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini -warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use Is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Churches and ancillary church uses. Section 4, Development Standards 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be 75A-23 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2099 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana 75A-24 O Zoning Ordinance Amendment No. 2019-01 2501-2609 West Fifth Street R2 O S a; R2 R2 Rt e RI R1 y,. R2 Rt Rt R2 Rt RI R O Rt R1 R R2 R2 sss 0 a SD02 hil t 0 Att fl Nil M11t Mi I rm Nil r i htl I �.. Mi M1*j of M1 M1 a . - M1 Exhibit 2 - Vicinity Zoning and Aerial View Zoning Classification 500ft Buffer Mt - Light Industrial SITE O - Open Space Rt - Single -Family Residence 0 125 250 500 R2 - Two -Family Residence 4 SD82 - Specific ItoQme]J6 Feet 75A-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2019 TITLE: PUBLIC HEARING TO APPROVE AGREEMENT WITH 10 FRANCHISED VEHICLE DEALERS IN SANTA ANA FOR ESTABLISHMENT OF THE RESIDENT VEHICLE INCENTIVE PROGRAM (VIP) IN THE ANNUAL AMOUNT OF $1,700,000, NOT TO EXCEED $8,500,000 OVER 5 YEARS (STRATEGIC PLAN NO. 3,3C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :••:• 9 ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Conduct a Public Hearing required pursuant to California Government Code 53083. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Orange County Auto Dealers Association (OCADA) comprised of: Audi South Coast, Crevier BMW, Crevier Mini, Freeway Honda, Guaranty Chevrolet, Lincoln South Coast, Subaru Orange Coast, Tom's Truck Center, Volkswagen South Coast, Volvo of Orange County to establish the Resident Vehicle Incentive Program (VIP) for the period of April 1, 2019 to March 31, 2021, with one 2 -year extension option and one additional year option, for a total of $1,700,000 per year of the agreement, for an amount not to exceed $8,500,000 over a five year period, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize $25,000 annually for the administration of the Resident VIP program to be budgeted in the Sales Rebate account (no. 01118825-62300). 4. Approve an appropriation adjustment to allocate funds in the amount of $440,000 from the General Non -Departmental Reserve for Appropriation account (no. 01105015-69000) and appropriate the same amount to the Community Development Agency, Sales Tax Rebate account (no. 01118825-62300) for the Resident Vehicle Incentive Program for expenditure in FY 2018-19. At the December 18, 2018 City Council meeting, the City Council directed staff to finalize the terms of the Resident Vehicle Incentive Program (VIP). The VIP is a means to spur growth of the local 75B-1 Resident Vehicle Incentive Program (VIP) Agreement March 19, 2019 Page 2 tax base and to encourage Santa Ana residents to buy local by creating specific incentive programs aimed to entice residents to buy their products in Santa Ana. The VIP has been developed to incentivize Santa Ana residents to purchase a car and/or truck from a Santa Ana certified auto dealer by offering a $500 rebate. The program will also rebate Santa Ana businesses that purchase vehicles from the qualified franchised vehicle dealerships. With the new sales tax measure recently passed in Santa Ana, local dealerships stated that the citywide sales tax increase could lead to decreases in the number of cars sold to residents. The VIP has been developed in order to address the serious leakage of local automotive purchases to outside jurisdictions. This represents a serious shifting of local revenues, as well as the loss of funds needed for vital City services, to outside jurisdictions, resulting in a negative impact on the City's local economy. This affect is further compounded, as is the resulting downward pressure on dealer expansion and job growth, by the loss of revenue that is typically generated by servicing of these vehicles that could have been performed at Santa Ana's local dealerships. In 2017, the 10 participating dealerships from the Orange County Auto Dealers Association sold 6,220 new cars, with 1,688 (27%) sold to Santa Ana residents; leased 8,348 cars, with 687 (8%) leased to Santa Ana residents; and sold 5,979 used cars, with 597 (10%) sold to Santa Ana residents. In terms of sales tax, the City of Santa Ana receives 1 % of the 7.75% current rate. Data provided from the Orange County Auto Dealers Association show that average vehicle purchase price in Orange County is $37,557. The total retail sales generated from Santa Ana residents purchasing new vehicles from those 10 dealerships (1,688 new vehicles in 2017) was estimated at over $63 million dollars which equates to over $633,000 (1%) to the City in sales tax generated. Used vehicle sales (597 in 2017), with an average purchase price of $17,705, generated roughly $1 million in total retail sales with 1% ($105,698) back to the City. Sales Tax Generated 2017 Average OC Number of Vehicles Sales Tax Pre -Sales Tax Vehicle Purchase Sold to SA Residents Measure (1%) Price (2017 New Vehicles $37,557 1,688 $633,962 Used Vehicles $17,705 597 $105,698 Note: Estimates are based on OCADA sales data With marketing of the program, staff is expecting that the number of new, leased, and used autos cars sold to local residents, and entitled to the incentive, could reach up to 3,500 vehicles. With a rebate amount of $500 per resident, the anticipated first year budget for the program is capped at $1.7 million dollars with a $25,000 City marketing and administration budget. The below chart shows the projected sales tax per vehicle to the City at each purchase price level and the estimated revenue to the City after the rebate is given to the resident. 75B-2 Resident Vehicle Incentive Program (VIP) Agreement March 19, 2019 Page 3 Example of Revenue Generated Per Vehicle Sold with Rebate Incentive Purchase Price Sales Tax to City After April 2019 2.5% New Vehicles Rebate to Residents ($500) Estimated Revenue to City Per Vehicle $20,000 $500 $500 $0 $30,000 $750 $500 $250 Average $37,557 $938 $500 $439 $40,000 $1000 $500 $500 $50,000 $1250 $500 $750 Used Vehicles Price Sold to SA $15,000 $375 $500 $125 Average $17,70.5 1 $442 $500 $58 $20,000 $500 $500 $0 $25,000 $625 $500 $125 The table below shows the total estimated revenue to the City with a projected 2,025 new cars and 824 used cars sold to Santa Ana Residents for the first year of the program. Estimates for the amount of revenue that leased vehicles would generate is not currently available as leased revenue is received overtime. Estimated Revenue Generated to City for First Year of Program Note: Estimates are based on OCADA sales data 75B-3 Average Number of Sales Tax to Rebate to Estimated OC Vehicle Projected City after Residents Sales Tax Purchase Vehicles April 2019 ($500) Revenue to Price Sold to SA (2.5%) City Residents New Vehicles $37,557 2,025 $1,901,323 $1,012,500 $888,823 Used Vehicles $17,705 824 $364,723 $412,000 $47,277 Note: Estimates are based on OCADA sales data 75B-3 Resident Vehicle Incentive Program (VIP) Agreement March 19, 2019 Page 4 Program Terms The proposed terms of the agreement are outlined in the table below: VIP Terms Term 2 years with 1 two-year extension and an additional 1 year extension for a total of 5 years. Rebate Amount New Cars $500 Rebate Amount Leased Cars $500 Rebate Amount Used Carso) $500 Effective Monday, April 1, 2019 Structure Dealer reimbursed for rebate Rebate Budget $1,700,000 City Administration Budget $25,000 TOTAL ANNUAL BUDGET $1,725,000 Participating Dealers (10) Audi South Coast Crevier BMW Crevier Mini Freeway Honda Guaranty Chevrolet Lincoln South Coast Subaru Orange Coast Tom's Truck Center Volkswagen South Coast Volvo of OC (7) Minimum Used Car Purchase price of$15,000 Staff is recommending that the rebate is applied towards the final purchase/lease of the vehicle and not offer a resident's choice to receive a check from the City. Staff has evaluated the options and determined that if the City issued an individual check to a resident, this would create a significant processing, auditing and an administrative burden to manage. Additionally, residents would also have to wait to receive a check from the City instead of receiving the instant incentive. The first term of the VIP shall be for two years from April 1, 2019 to March 31, 2021. Prior to the end of the first term, City staff will evaluate the effectiveness of the program, and if determined effective, make a recommendation to continue the program for an additional two-year term with the option of a final one-year extension. The program is for a maximum of five years. If after five years, the City Council may approve to continue the program for additional years if determined that the VIP has been a successful buy local program for the City. Government Code Section 53083 requires that the City Council must hold a noticed public hearing and, prior to the public hearing, provide information to the public through the City's website regarding the proposed economic development subsidy in a report (Exhibit 2). An "economic development subsidy" is any expenditure of public funds or loss of revenue of $100,000 or more, for the purpose of stimulating economic development. The aggregate expenditure of public funds by the City for the VIP is anticipated to be over $100,000. Although no subsidy will exceed $500 to any one individual, out of an abundance of caution, staff is going through the necessary steps related to Californail Government Code 53083. An economic subsidy report has been prepared, 75B-4 Resident Vehicle Incentive Program (VIP) Agreement March 19, 2019 Page 5 and shall remain available to the public and posted on the City's website until the end date of the economic development subsidy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #3, (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), Strategy C (Explore opportunities to encourage a business friendly environment within the city through the reduction of non-essential regulatory requirements, improved coordination between agencies for development review and addition of monetary incentives). FISCAL IMPACT Upon approval of the appropriation adjustment, estimated funds in the amount of $440,000 for the first three months of this agreement will be available in the Sales Tax Rebate Agreement, Contract Services account (no. 01118825-62300) for expenditure in FY 2018-19. Of this total, $425,000 is the estimated amount of the sales tax rebate and $15,000 for the initial administration of the program. Any unspent balances from these estimates will be carried forward for expenditure in FY 2019-20. Funds for the agreement period will be budgeted in future fiscal years as follows: Fiscal Year Account Amount 2018-19 01118825-62300 $ 440,000 2019-20 01118825-62300 $1,725,000 2020-21 01118825-62300 $1,725,000 2021-22 01118825-62300 $1,725,000 2022-23 01118825-62300 $1,725,000 2023-24 01118825-62300 $1,285,000 Total $8,625,000 Steven A. Mendoza Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Agreement with Franchised Dealerships 2. Economic Subsidy Report 3. Program Guidelines 75B-5 75B-6 EXHIBIT 1 PARTICIPATION AGREEMENT FOR THE CITY OF SANTA ANA VEHICLE INCENTIVE PROGRAM WITH SANTA ANA FRANCHISED VEHICLE DEALERS This Participation Agreement for the City of Santa Ana's Shop Santa Ana Vehicle Incentive Program ("Agreement") is entered into this day of March, 2019, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California C'City" ), and Franchised Vehicle Dealers located in the City of Santa Ana ("Dealership(s)"), all collectively referred to hereafter as the "Parties." RECITALS 1. The Parties desire to implement a City of Santa Ana Vehicle Incentive Program ("VIP") whereby the City shall reimburse the amount of $500.00 to Santa Ana residents and licensed Santa Ana businesses for the purchase or lease of a new or pre -owned vehicle from a participating Dealership in the City of Santa Ana pursuant to the terns defined herein. This Agreement will govern the process of reimbursement to participating Dealerships that provide a corresponding discount on the purchase or lease price of any qualifying new or pre -owned vehicle purchased in the City of Santa Ana by a resident of the City of Santa Ana or licensed Santa Ana business. 2. The Dealerships participating in the VIP shall include: Audi South Coast; Crevier BMW; Crevier Mini; Freeway Honda; Guaranty Chevrolet; Lincoln South Coast; Subaru Orange Coast; Tom's Track Center; Volkswagen South Coast; and, Volvo of Orange County. AGREEMENT 3. Rebate Program: The City of Santa Ana hereby agrees to provide to the participating Dealerships a rebate of $500.00 per qualifying new or pre -owned] vehicle, with a minimum sale price of $15,000, purchased or leased by a resident of the City of Santa Ana or licensed Santa Ana business, provided: A. The Dealership documents the sale or lease of the new or pre -owned vehicle to an eligible City of Santa Ana resident or licensed Santa Ana business under the program guidelines; B. Discounts the purchase or lease price of the qualifying new or pre -owned vehicle an additional amount of $500 from the agreed upon purchase price; and, C. Dealership to submit all required rebate forms to the City monthly after an initial 90 -day commencement period on July 1, 2019 providing rebate request and corresponding proof of sale document under the program guidelines established by the City for administration of the VIP. Page I of S City of Santa Ana Vehicle Incentive Program 75B-7 4. Dealership Resvonsibilities: The Dealership shall meet all of the following requirements: A. Dealership must be a Franchised Vehicle Dealer located in the City of Santa Ana; B. Dealership must be in good standing with its manufacturer; C. Dealership shall have no unresolved code violations or any legal or administrative proceedings with the City; D. Dealership shall promote the VIP with a minimum value of $25,000 annually in marketing efforts; and, E. Dealership shall meet the requirements of the City under the VIP program guidelines established by the City Manager or designee for the rebate program. 5. Santa Ana Resident Resnonsibilities: A. Applicant must be able to prove City of Santa Ana residency under the program guidelines established by the City Manager or designee for the rebate program; and, B. The City sponsored rebate is available only for the purchase or lease of a new or pre -owned vehicle with a minimum sale price of $15,000 from a participating Dealership. 6. Santa Ana Business Responsibilities: A. Business must be able to provide proof of location within the City of Santa Ana and valid Santa Ana business license under the program guidelines established by the City Manager or designee for the rebate program; and, B. The City sponsored rebate is available only for the purchase or lease of a new or pre -owned vehicle with a minimum sale price of $15,000 from a participating Dealership. 7. Tenn: This Agreement shall commence on April 1, 2019, and continue for a two (2) year period. Additionally, the City shall have one (1) optional two (2) year extension and one (1) additional optional one (1) year extension of the Tenn of the Agreement that may be exercised in the City's sole discretion by a writing executed by the City Manager and the City Attorney. Thereafter, the Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 8. Reimbursement by City: Dealerships shall request reimbursement after ninety (90) days of the commencement of the Agreement (June 30, 2019). The first reimbursement payment will be within thirty (30) days of complete submission by the Dealership. Thereafter, the City shall reimburse Dealerships within thirty (30) days of monthly submittals of requests for reimbursement and all required documentation required by the City to verify the sale or lease of a qualifying new or pre -owned vehicle under the VIP guidelines. All purchases shall be bundled and submitted to Page 2 of 5 City of Santa Ana Vehicle Incentive Program 75B-8 the City on a monthly basis, and reimbursements will be issued by the City within thirty (30) days of complete submission by the Dealership. The maximum amount of reimbursements by the City for the VIP shall not exceed $1,700,000 per year of the Agreement. 9. Administration: The City Manager is hereby appointed to administer this Agreement and take all necessary actions to implement this Agreement on behalf of the City. 10. Inter retation of the Agreement: A. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. Any amendment to this Agreement, including an oral modification supported by now consideration, must be reduced to writing and signed by both parties before it will be effective. B. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. C. This Agreement is to the benefit of, and is binding on, the parties, their respective heirs, personal representatives' successors and assigns. D. The captions heading the various paragraphs of this Agreement are for convenience and shall not be considered to limit, expand, or define the contents of the respective paragraphs. Masculine, feminine, or neuter gender and the singular and the plural number, shall each be considered to include the other whenever the context so requires. If either party consists of more than one person, each such person shall be jointly and severally liable. This Agreement shall be interpreted under California law and according to its fair meaning, and not in favor of or against any party. 11. Governing Law: This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. Any legal proceedings on this Agreement shall be brought under the jurisdiction of the Superior Court of the County of Orange, State of California. {Signatures on following page} Page.3 of S City of Santa Ana Vehicle Incentive Program 75B-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: NORMA MITRE Acting Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 9A�— Ryan odg Assistant City Attorney RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency CITY OF SANTA ANA STEVEN A. MENDOZA Acting City Manager {Dealer Signatures on following page} Page 4 of 5 City of Santa Ana Vehicle Incentive Program 0077-1/494281 75B-10 OCADA DEALERSHIPS (title) V - Tax ID# —7."1- .9._ 27- CREVIE N (title) ` Tax ID#. s ^'jejAe o P� GeA'i?AN T Y'C HE V it1)J; (title) Tax M#,_1c9___._1)/A T/ ._._......._ SURAIi NOGEST (title) Tax ID# i VOL WAGEN UTH COAST (title) TaxID#__ 7.7-_1 "1 .._. Page 5 of 5 City of Santa Ana Vehicle Incentive Program 75B-11 CREME W (title) Tax Iu:73i9i`:14� f r t (title) Tax ID# LINCOLS UTH C ST (title) Tax ID#! "8 -1+0'x5 b 4 (rifle) Tax ID#_ _?) t -S7 VOLV ANGE COUNTY L (title) Tax IM 75B-12 A7:fl=l1W61 Economic Development Subsidy Report Pursuant to Government Code Section 53083 For a City of Santa Ana Resident Vehicle Incentive Program Pursuant to Government Code Section 53083, the City Council of the City of Santa Ana must hold a noticed public hearing and, prior to the public hearing, provide all of the following information in written form and available to the public through the City's website regarding a proposed economic development subsidy provided by the City pursuant to a Participation Agreement between the City of Santa Ana and 10 franchised dealers (Agreement), in connection with the Vehicle Incentive Program. Notice was published on the City's website for a public hearing to be held on March 19, 2019. The purpose of this report is to provide the information required pursuant to Government Code Section 53083 in regards to the Santa Ana Vehicle Incentive Program. This report shall remain available to the public and posted on the City's website until the end date of the economic development subsidy, as further described in number 2 below. (1) The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable. The Agreement is with 10 Santa Ana dealerships listed below. These business entities will be the pass through for the subsidy to the residents and businesses of the city of Santa Ana. Penske Audi South Coast 1425 Auto Mall Dr. Santa Ana, CA 92705 Crevier BMW 1500 Auto Mall Dr. Santa Ana, CA 92705 Crevier Mini 1455 Auto Mall Dr. Santa Ana, CA 92705 Freeway Honda 1505 Auto Mall Dr. Santa Ana, CA 92705 Guaranty Chevrolet 1505 Auto Mall Dr. Santa Ana, CA 92705 Penske Lincoln South Coast 1405 Auto Mall Dr. Santa Ana, CA 92705 Subaru Orange Coast 1350 Auto Mall Drive Santa Ana, CA 92705 Tom's Truck Center 909 N Grand Avenue Santa Ana, CA 92701 Penske Volkswagen South Coast 1450 Auto Mall Dr. Santa Ana, CA 92705 Volvo of Orange County 1400 S. Dan Gurney Dr. Santa Ana, CA 92705 (2) The start and end dates and schedule, if applicable, for the economic development subsidy. Upon City Council approval, the proposed agreement is expected to commence on April 1, 2019, and end on March 31, 2024. 75B-13 (3) A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy. The economic development subsidy to Santa Ana residents and businesses is $500 per vehicle purchased for a maximum subsidy of $1,700,000 for each of the five year proposed term, with a maximum during the subsidy period of $8,500,000. (4) A statement of the public purposes for the economic development subsidy. With the new sales tax measure recently passed in Santa Ana, local dealerships stated that the citywide sales tax increase could lead to decreases in the number of cars sold to residents. The VIP Program has been developed in order to address the serious leakage of local automotive purchases to outside jurisdictions. This represents a serious shifting of local revenues, as well as the loss of funds needed for vital City services, to outside jurisdictions, resulting in a negative impact on the City's local economy. This affect is further compounded, as is the resulting downward pressure on dealer expansion and job growth, by the loss of revenue that is typically generated by servicing of these vehicles that could have been performed at Santa Ana's local dealerships. To spur residents to continue to purchase from Santa Ana dealerships, the Resident VIP incentive has been proposed. (5) Projected tax revenue to the local agency as a result of the economic development subsidy. With marketing of the program, staff is expecting that the number of new, leased, and used autos cars sold to local residents, and entitled to the incentive, will increase and could reach up to 3,500 vehicles. This is estimated at 337 new vehicles sold and 227 used vehicles sold. With the average new vehicle purchase price of $37,557 and used vehicle purchase price of $17,705, this could generate an additional $417,000 in sales tax revenue to the City. (6) Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions. The proposed Agreement will assist in retaining approximately 50 jobs at the auto dealers and attract over 10 new positions to meet the increased demand of sales. 75B-14 PROGRAM GUIDELINES RESIDENT VEHICLE INCENTIVE PROGRAM EXHIBIT 3 As a means to spur growth of the local tax base and to encourage Santa Ana residents to "buy local", the City has developed the Resident Vehicle Incentive Program (VIP) that incentivizes Santa Ana residents to purchase a car and/or truck from one of 10 franchised Santa Ana auto dealers. The VIP provides a $500 rebate to a Santa Ana resident who purchases a new or pre- owned car or truck from a franchised Santa Ana auto dealer. The Program is a new component of the City's existing "Shop Santa Ana" initiative by encouraging residents to continue to buy locally. The VIP has been developed to avoid leakage of local automotive purchases to outside jurisdictions and would ensure that future revenue generated by this sector will be available to provide vital City services. Program Objectives • Reinvest in the local economy. ■ Incentivize residents to shop local. • Avoid leakage of automotive purchases to other cities. • Maintain a strong retail sales base in the City. Buy Local The Resident Vehicle Incentive Program (VIP) has been designed to encourage residents to purchase or lease a car or truck from one of the 10 franchised auto dealers in the City of Santa Ana. A list of eligible dealerships is provided below. Eligible Dealerships 1. Audi South Coast —1425 Auto Mall Drive, Santa Ana, CA 2. Crevier BMW —1500 Auto Mall Drive, Santa Ana, CA 3. Crevier Mini — 1455 Auto Mall Drive, Santa Ana, CA 4. Freeway Honda — 1505 Auto Mall Drive, Santa Ana, CA 5. Guaranty Chevrolet — 711 17th Street, Santa Ana, CA 6. Lincoln South Coast — 1405 Auto Mall Drive, Santa Ana, CA 7. Subaru Orange Coast — 1350 Auto Mall Drive, Santa Ana, CA 8. Tom's Truck Center — 909 N Grand Avenue, Santa Ana, CA 9. Volkswagen South Coast — 1450 Auto Mall Drive, Santa Ana, CA 10.Volvo of Orange County— 1400 S Dan Gurney Drive, Santa Ana, CA 75B-15 EXHIBIT 3 Eligible Participants Any resident or business of the City of Santa Ana that purchases or leases a new or pre- owned automobile or truck from the eligible dealership is eligible to receive the $500 rebate. o Qualified residents must be able to provide proof of Santa Ana residency to dealership via a California Driver's license. • Qualified businesses must provide proof of valid Santa Ana business license. • Qualified residents and businesses must sign a Santa Ana Resident/Business Rebate Form verifying residency and operation of business in Santa Ana. • $500 rebate will be applied towards the agreed upon purchase/lease price in the final sales contract. ■ Minimum used car purchase is subject to a final sales price of $15,000 (after all manufacturer rebates and dealer incentives). Qualifying Vehicles All new purchases of new or pre -owned cars or trucks are eligible. All new leases of a new or pre -owned cars or truck is eligible. Motorcycles, off-road vehicles or watercraft are not eligible purchases under this program. Rebate Administration and Process 1. Participating dealers document the sale/lease of the new or pre -owned vehicle using the Resident Rebate Form. Dealer must include: 1) final sales invoice showing proof of purchase; 2) Resident Rebate Form 3) copy of valid resident California Driver's license/Business License for full reimbursement. 2. On a monthly basis after the initial 90 date inception period (June 30, 2019), dealers will submit all Resident Rebate Forms with required documentation to the City of Santa Ana for reimbursement and processing. Purchase summary form must be filled out and attached with rebate forms. 3. Within 30 days of receipt from dealerships, City will provide reimbursement to dealers. 4. Dealers that reimburse a non -Santa Ana resident or non -Santa Ana business will not be reimbursed from the City. Dealer Responsibilities ■ Dealership franchises must be in good standing with their manufacturer. ■ Dealerships must promote the Resident Vehicle Incentive Program with a minimum value of $25,000 annually in marketing efforts. • Dealerships must collect and submit all required documentation as proof of residency for qualified Santa Ana residents. 75B-16 EXHIBIT 3 Program Term The first term of the Resident Vehicle Incentive Program shall be for two years from April 1, 2019 to April 1, 2021. After the first 2 -year period, City staff will evaluate the effectiveness of the program and make a recommendation to continue with 1 two-year extension and one additional 1 -year extension for a total of 5 years. The City Manager and/or City Council would have authority to extend the program beyond the 5 years. Program Administration Within 5 business days of receipt of documentation from dealerships, the City of Santa Ana's Economic Development Division of the City's Community Development Agency will review the rebate applications and all supporting documentation. If documentation is missing, staff will request additional documentation from the dealerships. This will delay the processing of payment until all required documentation is received. Upon approval of documentation, Economic Development Division staff will forward to the City of Santa Ana's Finance Agency for processing and reimbursement. The City of Santa Ana's Finance Agency will be responsible for issuing checks to dealerships within 30 days of receipt of approved rebate forms. Program Funding The Program budget shall be limited to $1,700,000 for reimbursements and $25,000 for City marketing and administration of the program on an annual basis. Dealerships have also agreed to promote the Vehicle Incentive Program with a minimum value of $25,000 annually in their marketing efforts. Program Evaluation Economic Development Division staff will evaluate the effectiveness of the program biannually by determining if the incentive has increased or kept stable the number of new and used car sales and leases for Santa Ana residents. Staff will also consider factors like the change in the economy and new dealerships opening outside of the City borders. A report to City Council will be provided on a quarterly basis on the status of VIP Program. 75B-17 EXHIBIT 3 0 SANTA ANA RESIDENT VIP REBATE FORM VEHICLE IDENTIFICATION ELIGIBLE NEW MODEL# RETAIL DELIVERY DATE NUMBER CUSTOMER INFORMATION FOR VALIDATION. CUSTOMER LAST NAME FIRST, M.I. TELEPHONE NUMBER STREET ADDRESS CITY, STATE ZIP CODE ❑ Address has been verified as City of Santa Ana resident CUSTOMER SIGNATURE 17_\I4 SALESMANAGER NAME (PLEASE PRINT) DEALERSHIP NAME DATE SALESMANAGER SIGNATURE DATE THIS COMPLETED FORM MUST BE FORWARDED TO THE CITY OF SANTA ANA WITH THE VEHICLE SALES DOCUMENTS. BY SIGNING THE ABOVE DOCUMENT, THE DEALER IS VERIFYING THAT THE RESIDENT LIVES IN THE CITY OF SANTA ANA AND QUALIFIES FOR THE REBATE. 75B-18 DEALERSHIP NAME Purchase Amount/Rebate Amount Initial below: I, the customer and Santa Ana resident, have applied the Santa Ana Resident's Rebate towards the purchase of my vehicle. Therefore, I have assigned the cash payment directly to the dealer. I release the City of Santa Ana from any further claim or obligation for payment to me for this vehicle. I, the customer, give the dealership named above permission to share this form, the final sales contract and a copy of my driver's license to the City of Santa Ana to process the rebate. CUSTOMER SIGNATURE 17_\I4 SALESMANAGER NAME (PLEASE PRINT) DEALERSHIP NAME DATE SALESMANAGER SIGNATURE DATE THIS COMPLETED FORM MUST BE FORWARDED TO THE CITY OF SANTA ANA WITH THE VEHICLE SALES DOCUMENTS. BY SIGNING THE ABOVE DOCUMENT, THE DEALER IS VERIFYING THAT THE RESIDENT LIVES IN THE CITY OF SANTA ANA AND QUALIFIES FOR THE REBATE. 75B-18 1*40MIZIM VEHICLE IDENTIFICATION ELIGIBLE NEW MODEL # RETAIL DELIVERY DATE NUMBER BUSINESS INFORMATION FOR VALIDATION: BUSINESS NAME REPRESENTATIVE NAME TELEPHONE NUMBER STREET ADDRESS CITY, STATE ZIP CODE ❑ Business license has been verified as City of Santa Ana business. DEALERSHIP NAME I Purchase Amount/Rebate Amount Initial below: I, the customer and Santa Ana business, have applied the Santa Ana Rebate towards the purchase of my vehicle. Therefore, I have assigned the cash payment directly to the dealer. I release the City of Santa Ana from any further claim or obligation for payment to me for this vehicle. I, the customer, give the dealership named above permission to share this form, the final sales contract and a copy of my business license to the City of Santa Ana to process the rebate. SANTA ANA BUSINESS REPRESENTATIVE SIGNATURE DATE SALESMANAGER NAME (PLEASE PRINT) DEALERSHIP NAME DATE SALESMANAGER SIGNATURE DATE THIS COMPLETED FORM MUST BE FORWARDED TO THE CITY OF SANTA ANA WITH THE VEHICLE SALES DOCUMENTS, BY SIGNING THE ABOVE DOCUMENT, THE DEALER IS VERIFYING THAT THE BUSINESS OPERATES IN THE CITY OF SANTA ANA AND QUALIFIES FORTH E REBATE. 75B-19 EXHIBIT 3 SANTA ANA VIP PURCHASE SUMMARY FORM DATE OF PURCHASE/LEASE I RESIDENT NAME I NEW/USED/LEASE AUTO 75B-20 Orozco, Norma From: Barraza, Eric Sent: Thursday, March 14, 2019 9:09 AM To: Norma Wilson; City Council Subject: RE: Appoint Phil Bacerra for Ward 4!" Hello, On behalf of the Mayor and City Council, thank you for emailing your comments. I have forwarded your email to the appropriate staff for review. Best Regards, Eric Barraza I Management Intern City Manager's Office City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Direct(714) 640-9788 ebarraza5@santa-ana.org -----Original Message ----- From: Norma Wilson <nd2gether@aol.com> Sent: Wednesday, March 13, 2019 8:25 PM To: City Council <CityCouncil@santa-ana.org> Subject: Appoint Phil Bacerra for Ward 41" Phil Bacerra is the best choice to fill this vacancy! He cares about Ward 4 and best yet, the entire city of Santa Ana. Dean Wilson Orozco, Norma From: Lugo, Milly Sent: Thursday, March 14, 2019 9:21 AM To: eComment Subject: March 19 Agenda Item 85A: DRAFT A RESOLUTION SUPPORTING SENATE BILL 689 Honorable Council Members: I am a librarian at the Santa Ana Public Library. From 2016 to 2018 a Needle Exchange Program operated weekly in the Civic Center Plaza where the library is located. Recently a needle exchange program was scheduled to be established again in Santa Ana (where I work) and in Orange (where I live). I have witnessed that, as proposed, the Needle Exchange Program had disastrous effects in my neighborhood and my community. Programs like these, as well intentioned as they may be, have an extremely harmful and long-lasting negative impact when implemented without local input and control. I am writing to express my support for SB 689 which simply aims to give local control of needle exchange programs. I believe this is vital to the efficacy of such programs. This bill will allow local municipalities to build wrap around services and an entire continuum of care in conjunction with the needle exchanges. It will allow the municipalities to set aside funding for treatment programs for addiction, mental health services, disease prevention, education and many other resources that are so desperately needed. The State Department currently controlling needle exchanges does not have the benefit of intimately knowing what each individual municipality needs, what the demographics are, where things are located, such as schools and after school programs where children are playing. Although needle exchange may be an asset to some, putting the public safety of children at risk is not beneficial. The harm to the many far outweighs the service to the few. Local municipalities should be able to work in collaboration with service providers and residents to determine how they can best make needle exchanges work within their jurisdiction. Please accept this email as my statement of support for drafting a resolution supporting SB 689. Thank you, M[[[y C. Lugo -Rios Sr. Librarian Santa Ana Public Library 26 Civic Center Plaza Santa Ana, CA 92701 Tel: 714-647-5271 E-mail: mlugo aQsanta-ana.orq 1