HomeMy WebLinkAboutAGENDA PACKET_2021-09-21
Finance and Management Services Agency
www.santa-ana.org/cm
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Pension Debt Refinancing Update
AGENDA TITLE:
Pension Debt Refinancing Update
RECOMMENDED ACTION
Receive and file.
DISCUSSION
Background
On August 17, 2021, the City Council took the final action necessary to authorize issuance
of bonds to refinance the City’s pension debt. The purpose of this report is to provide the
final bond numbers and detail the next steps in the overall strategy to achieve long-term
pension debt savings.
On August 25, 2021, the City sold bonds to refinance a portion of its debt to the California
Public Employee Retirement System (CalPERS) for both the miscellaneous and safety
employee pension plans. The financing team’s analysis to maximize savings and
minimize risk determined the appropriate amount of bonds to sell.
Final Bond Numbers
Bonds Sold (par amount)$425,830,000
All-In True Interest Cost2.816%
Net Present Value Savings$138,021,023
Costs of Issuance (paid from bond proceeds)$1,198,983
First Semi-Annual Bond Payment DateFebruary 1, 2022
First Bond Payment Amount$4,372,062
Final Bond MaturityAugust 1, 2044
Portion of Existing Debt Refinanced75%
The transaction closed on September 8, 2021 and CalPERS received the bond proceeds,
net of the costs of issuance. In compliance with the City Council adopted Unfunded
Employee Pension Liability Cost Reduction Policy, the City applied the bond proceeds to
the layers of pension debt with the longest amortization periods to maximize savings.
Pension Debt Refinancing Update
September 21, 2021
Page 2
Exhibit 1 includes the following items:
Sources and Uses of Funds
Final bond pricing (transaction summary statistics)
Debt service schedule.
Next Steps in the Overall Strategy
The CalPERS Board will meet in November 2021 to set the discount rate for the next four
years. The discount rate is CalPERS investment earnings assumption and the interest
rate charged on employer pension debt. CalPERS recently decreased its discount rate
from 7.0% to 6.8% due to the FY20-21 investment return of 21.3%, in accordance with
CalPERS policy. In November 2021, the Board could choose to reset the discount rate
back to 7.00%, leave it at 6.80%, or reduce it to 6.75% or 6.50%.
Prior to issuing refinancing bonds, the estimated debt to CalPERS was $570,011,000,
based upon the new 6.80% discount rate. After sending the bond proceeds, the estimated
debt to CalPERS decreased to $145,379,983. If CalPERS reduces the discount rate
below 6.80% in November, the City’s debt to CalPERS will grow.
As reported on August 17, 2021, after the CalPERS Board makes its decision in
November 2021, the financing team will analyze the best way to apply the remaining
$40,604,672, currently held in the City’s Section 115 trust, of current-year spending
authorization to the CalPERS debt and request a Fresh Start to pay-off the remaining
debt faster.
The analysis and Fresh Start process may take a couple months to complete. Therefore,
staff expects to provide an estimate of long-term savings and introduce a future budget
strategy to the City Council with the February 15, 2022 City Council meeting agenda,
along with a final housekeeping adjustment to move the current-year spending
authorization into the correct accounts to reflect the first bond payment.
FISCAL IMPACT
Estimated net present value savings from the overall strategy including the refinanced
bonds is $138,021,063. Additional savings will be generated from the $40,604,672
payment and request to CalPERS for a Fresh Start on the City’s existing liability after
November 2021. Approximately 86% or $118,698,000 is attributable to the General Fund.
EXHIBIT(S)
1.Bond Final Pricing Numbers: Sources and Uses of Funds; Final Bond Pricing and
Debt Service Schedule
Submitted By: Kathryn Downs, Executive Director Finance and Management Services
Approved By: Kristine Ridge, City Manager
Public Works Agency
https://www.santa-ana.org/pw
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Certification of Final Tract Map 2017-03
AGENDA TITLE
Receive and File Certification of Approval by City Engineer of Final Tract Map 2017-03
(905 East Second Street; 910, 927, 928, 1000 East Third Street; and 1026 East Fourth
Street) (Applicant and Owner: KB Coastal Home Coastal, Inc)
RECOMMENDED ACTION
Receive and file certification of approval by City Engineer of final Tract Map 2017-03.
DISCUSSION
In California, regulation and control of the division of real property is vested in the
legislative bodies of local agencies by the Subdivision Map Act. In Santa Ana, the
regulations and processes are set forth in Chapter 34 of the Santa Ana Municipal Code
(SAMC), which pursuant to Section 34-126 and 34-127, includes the approval of routine
tentative maps by either the Zoning Administrator or the Planning Commission, as
appropriate.
Following approval of a tentative map by the approving body, the property subdivider
prepares and submits a final map to the City Engineer for approval. If the final map is in
the correct form, as prescribed by the Subdivision Map Act and Chapter 34 of the SAMC,
and all conditions set forth in the tentative map are met, then the final map shall be
approved by the City Engineer.
The Planning Commission approved a tentative map (Exhibit 1) on January 22, 2018. The
City Council was informed of the Planning Commission’s approval at its February 20,
2018 meeting to facilitate the construction of 84 single-family residences and 33 attached
townhome units on the former Tom’s Trucks parcels generally bounded by Second Street,
Fourth Street, Garfield Street, and former Breeden Street.
The City Engineer has received final Tract Map 2017-03 (County of Orange identification
Tract No. 10832) and is in the process of reviewing the map for technical accuracy and
final approval. This action informs the City Council of the imminent approval of the
referenced subdivision based upon the Subdivision Map Act and meeting all the
conditions of approval set by the City. Pursuant to Section 34-183 of the SAMC, the City
Certification of Final Tract Map 2017-03
September 21, 2021
Page 2
Engineer shall approve or disapprove this map within 10 days after the City Council
meeting of September 21, 2021.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1.Tentative Parcel Map
2.Final Parcel Map
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Award Contracts for Fencing Construction, Maintenance and Repairs (Spec. 21-
083)
AGENDA TITLE:
Award Contracts for Fencing Construction, Maintenance and Repairs in the Aggregate
Annual Amount of $150,000 for a One-year Term with Three, One-year Renewal Options
(Specification No. 21-083) (General Fund)
RECOMMENDED ACTION
Award purchase order contracts with Econo Fence, Hillsborough Fence, and J & A Fence
for fencing construction, maintenance, and repairs for a one- year period from October 1,
2021 to September 30, 2022, with provisions for three, one-year renewals exercisable by
the City Manager, in an aggregate annual amount not to exceed $150,000 (total not to
exceed $600,000 over four years), subject to non -substantive changes approved by the
City Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency (PRCSA) General Maintenance
Division maintains 44 parks that have fencing as enclosures for sport courts and fields,
pools and property lines. Due to the heavy use of the facilities, fences are in constant
need of repair and replacement. The notice inviting bids was advertised on July 29, 2021
on the City' s online bid management and publication system. A summary of the bid
invitations and bids received is as follows:
143Vendors were notified
6Santa Ana vendors were notified
28Vendors downloaded the bid packet
6Bids received
0Bid received from a Santa Ana vendor
Bids were received and opened on August 24, 2021, and evaluated (Exhibit 1).
The bids received from the vendors below are responsive to the specifications
and meet the City's requirements:
Award Contracts for Fencing Construction, Maintenance and Repairs (Spec. 21-083)
September 21, 2021
Page 2
Vendor:Location
Econo Fence Riverside, CA
Hillsborough FenceLa Mirada, CA
J & A Fence Azusa, CA
Staff recommends awarding contracts to the three lowest bidders to allow for
competitive quotes on future jobs.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Fund are budgeted and available in the following accounts for the Fiscal Year 2021-2022
of the initial term and will be budgeted in the following accounts for future fiscal years.
Fiscal Accounting Unit- Fund Accounting Unit, Amount
YearAccount #DescriptionAccount Description
2021-2201113220-63001General PRCSA-Zoo, $22,500
FundMiscellaneous
Operating Expenses
2021-2201113250-63200General PRCSA-Park $90,000
FundFacilities, Operating
Materials & Supplies
Bldg./Grounds
2022-2301113220-63001General PRCSA-Zoo, $30,000
FundMiscellaneous
Operating Expenses
2022-2301113250-63200General PRCSA-Park $120,000
FundFacilities, Operating
Materials & Supplies
Bldg./Grounds
2023-2401113220-63001General PRCSA-Zoo, $30,000
FundMiscellaneous
Operating Expenses
2023-2401113250-63200General PRCSA-Park $120,000
FundFacilities, Operating
Materials & Supplies
Bldg./Grounds
Award Contracts for Fencing Construction, Maintenance and Repairs (Spec. 21-083)
September 21, 2021
Page 3
Fiscal Accounting Unit- Fund Accounting Unit, Amount
YearAccount #DescriptionAccount Description
2024-2501113220-63001General PRCSA-Zoo, $30,000
FundMiscellaneous
Operating Expenses
2024-2501113250-63200General PRCSA-Park $120,000
FundFacilities, Operating
Materials & Supplies
Bldg./Grounds
2025-2601113220-63001General PRCSA-Zoo, $7,500
FundMiscellaneous
Operating Expenses
2025-2601113250-63200General PRCSA-Park $30,000
FundFacilities, Operating
Materials & Supplies
Bldg./Grounds
EXHIBIT(S)
1. Bid Abstract
Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
Public Works Agency
https://www.santa-ana.org/pw
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Campesino Park, Memorial Park, and Madison Park Restroom Projects
AGENDA TITLE
Award a Construction Contract to iBuild Spectrum, Inc. in the Amount of $1,408,575, for
the Campesino Park, Memorial Park, and Madison Park Restrooms Fiscal Year 2021-22
Projects, with an Estimated Project Delivery Cost of $1,640,000, and Amend the Fiscal
Year 2021-22 Capital Improvement Program (Project Nos. 21-7533, 21-7534, 21-7535)
(Non-General Fund) (Revive Santa Ana Program)
RECOMMENDED ACTION
1.Award a construction contract to iBuild Spectrum, Inc., the lowest responsible bidder,
in accordance with the base bid in the amount of $1,408,575, for construction of the
Campesino Park, Memorial Park, and Madison Park Restroom Projects, for the term
beginning September 21, 2021, and ending upon project completion, and authorize
the City Manager to execute the contract subject to non-substantive changes
approved by the City Manager and the City Attorney.
2.Approve the Project Cost Analysis for a total estimated construction delivery cost of
$1,640,000, which includes $1,408,575 for the construction contract, $91,072 for
contract administration, inspection and testing, and a $140,353 project contingency
for unanticipated or unforeseen work.
3.Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
add the Campesino Park, Memorial Park, and Madison Park Restroom Projects, for
the total amount of $1,731,072, which includes $1,640,000 in construction funds and
an additional $91,072 for preliminary design engineering.
DISCUSSION
The City has identified three park restrooms (Exhibit 1) that are a target for vandalism
and require major efforts to maintain due to the old age and existing conditions. This
project scope includes: demolishing the existing restroom buildings, installing new pre-
fabricated restroom buildings, and some site improvements to provide an accessible path
of travel to these facilities.
Award Construction Contract to iBuild Spectrum, Inc.
September 21, 2021
Page 2
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was
advertised in the Orange County Register newspaper on February 26 and March 5, 2021.
The project was also advertised on PlanetBids, and bids were received electronically via
PlanetBids on April 15, 2021.
The City notified a total of 580 regional vendors via PlanetBids, two of which were Santa
Ana based, and 52 vendors requested bidding documents. The lowest responsive bid
was received from a Santa Ana contractor.
Bid Results Summary
RANK BIDDER’S NAMELOCATIONBASE BID
1iBuild Spectrum, Inc.Santa Ana$1,408,575.00
2HYM Engineering, Inc.Fullerton$1,478,200.00
3C.S. Legacy Construction, Inc.Chino$1,541,850.00
4JF EngineeringPomona$1,582,006.74
5Aneen Construction, Inc.Riverside$1,643,340.00
6AG ConstructionTarzana$1,649,115.00
A total of six bids were received, and all were deemed responsive. iBuild Spectrum, Inc.,
submitted the lowest responsive base bid, in the amount of $1,408,575 (Exhibit 2). As
specified in the bid documents, the lowest bid shall be determined on the basis of the
Base Bid. Based on the bid analysis and a contractor’s reference check, staff
recommends awarding the construction contract to iBuild Spectrum, Inc., in the amount
of the base bid totaling $1,408,575 (Exhibit 3).
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes: construction administration, inspection, and testing, along
with an allowance for contingencies to account for unexpected or unforeseen conditions.
Construction administration and inspection includes: construction management,
implementation of the City’s Community Workforce Agreement requirements, inspection
of the Contractor’s work to ensure contract compliance, workmanship, and quality, and
materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the
table below, the estimated total construction delivery cost of the project is $1,640,000.
Award Construction Contract to iBuild Spectrum, Inc.
September 21, 2021
Page 3
Project ItemTotal
Construction Contract$1,408,575
Construction Administration, Inspection, Testing$91,072
Contingencies$140,353
TOTAL CONSTRUCTION DELIVERY COST$1,640,000
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2021-093 will be filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $1,640,000, which includes construction, contract administration, inspection,
testing, and an authorized contingency. Project Nos. 21-7533, 21-7534, and 21-7535
have been assigned for tracking of all expenditures to deliver the construction of these
projects.
Funds for these projects were appropriated in Fiscal Year 2020-21. Approval of the
amendment to the FY 2021-22 Capital Improvement Program (Exhibit 5) will officially
incorporate these projects into the program. As part of the Citywide budget carry-forward
process, the Community Development Agency submitted to the Finance Department a
request for these funds to be carried forward into Fiscal Year 2021-22. This carry-forward
request was compiled with requests from other departments and is being presented for
City Council approval on this same agenda under a separate agenda item.
The following table summarizes the funds budgeted and available for expenditure to
deliver construction of these projects.
Accounting Unit - Accounting Unit -
Fiscal
Account No.Fund DescriptionAccount No. Amount
Year
(Project No.)Description
Community CDBG Programs,
13518783-66200
2021-22Development Building $223,214
(21-7533)
Block GrantImprovements
Community CDBG Programs,
13518783-66200
2021-22Development Building $510,786
(21-7534)
Block GrantImprovements
Community CDBG Programs,
13518783-66200
2021-22Development Building $24,928
(21-7535)
Block GrantImprovements
Award Construction Contract to iBuild Spectrum, Inc.
September 21, 2021
Page 4
Accounting Unit - Accounting Unit -
Fiscal
Account No.Fund DescriptionAccount No. Amount
Year
(Project No.)Description
ARPA-PRCSA,
18113013-66200American
2021-22Building $303,572
(21-7533)Rescue Plan Act
Improvements
ARPA-PRCSA,
18113013-66200American
2021-22Building $577,500
(21-7535)Rescue Plan Act
Improvements
Total$1,640,000
EXHIBIT(S)
1.Location Map
2.Bid Results
3.Construction Contract
4.Cost Analysis
5.FY 2021-22 Capital Improvement Program Sheets
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Lisa
Rudloff, Executive Director – Parks, Recreation, and Community Services
Approved By: Kristine Ridge, City Manager
Exhibit 1
SANTA ANA
Project No. 21-7533:
PWA CampesinoPark Restroom
PUBLIC WORKS AGENCY
Exhibit 1
SANTA ANA
Project No. 21-7535:
PWA Madison Park
Restroom
PUBLIC WORKS AGENCY
Exhibit 1
SANTA ANA
Project No. 21-7534:
PWA Memorial Park
Restroom
PUBLIC WORKS AGENCY
Exhibit 1
SANTA ANA
Project No. 21-7533:
Campesino, Memorial, & Madison Park Restroom
PWA
Rendering
PUBLIC WORKS AGENCY
Exhibit 1
SANTA ANA
Project No. 21-7533:
Campesino, Memorial, & Madison Park Restroom
PWA
Rendering
PUBLIC WORKS AGENCY
Exhibit 1
SANTA ANA
Project No. 21-7533:
Campesino, Memorial, & Madison Park Restroom
PWA
Rendering
PUBLIC WORKS AGENCY
Exhibit 1
SANTA ANA
Project No. 21-7533:
Campesino, Memorial, & Madison Park Restroom
PWA
Rendering
PUBLIC WORKS AGENCY
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Exhibit 2
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Exhibit 2
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EXHIBIT 4
COST ANALYSIS
CONSTRUCTION OF PROJECT NO. 21-7533, 21-7534, 21-7535: CAMPESINO
PARK, MEMORIAL PARK, MADISON PARK RESTROOMS
Construction Contract$ 1,408,575.00
Contract Administration, Inspection and Testing$ 91,072.00
Contingencies$ 140,353.00
TOTAL ESTIMATED CONSTRUCTION COSTS$ 1,640,000.00
City1218
..-..-
Exhibit 5
DATE:42.Bvh.3132
FY 27/28FY 27/28
..-..-
FY 26/27FY 26/27
..-..-
FY 25/26FY 25/26
..-..-
FY 24/25FY 24/25
PROJECT NEED:Uif!sftusppn!bu!Nbejtpo!Qbsl!jt!pof!pg!uisff!sftusppnt!uibu!ibt!cffo!jefoujgjfe!bt!b!ubshfu!gps!wboebmjtn!boe!xpvme!sfrvjsf!nbkps!fggpsut!up!nbjoubjo!evf!up!pme!bhf!boe!fyjtujoh!dpoejujp
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..-..-
FY 23/24FY 23/24
CONTACT:Spo!Pop-!Benjojtusbujwf!Tfswjdft!Nbobhfs
..-..-
FY 22/23FY 22/23
86-11173-539
675-:39 639,928 688-611 639,928
FY 21/22FY 21/22
TOTALTOTAL
CITY OF SANTA ANA FY 21/22CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:Benjojtusbujpo
PROJECT DESCRIPTION:Qspkfdu!tdpqf!jodmveft!efnpmjtijoh!uif!fyjtujoh!sftusppn!cvjmejoh-!jotubmmjoh!b!ofx!qsf.gbcsjdbufe!sftusppn!cvjmejoh!boe!tjuf!jnqspwfnfout!up!qspwjef!bo!bddfttjcmf!qbui!pg!usbwfm!
up!uiftf!gbdjmjujft/
DpotusvdujpoFohjoffsjohDECH!Qsphsbnt
PROJECT COSTSSOURCE OF FUNDS
PROJECT TITLE:Nbejtpo!Qsf.Gbc!Sftusppn PROJECT CATEGORY:Qbsl!Gbdjmjuz!JnqspwfnfoutQbsl!Gbdjmjuz
LOCATION MAP
AGENCY:Qbslt-!Sfd/!'!Dpnnvojuz!Tfswjdft
Exhibit 5
..-..-
DATE:42.Bvh.3132
FY 27/28FY 27/28
..-..-
FY 26/27FY 26/27
..-..-
FY 25/26FY 25/26
..-..-
FY 24/25FY 24/25
PROJECT NEED:Uif!sftusppn!bu!Dbnqftjop!Qbsl!jt!pof!pg!uisff!sftusppnt!uibu!ibt!cffo!jefoujgjfe!bt!b!ubshfu!gps!wboebmjtn!boe!xpvme!sfrvjsf!nbkps!fggpsut!up!nbjoubjo!evf!up!pme!bhf!boe!fyjtujoh!dpoeju
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..-..-
FY 23/24FY 23/24
CONTACT:Spo!Pop-!Benjojtusbujwf!Tfswjdft!Nbobhfs
..-..-
FY 22/23FY 22/23
64-683
611-111 553,572 414-683361-111 553,572
FY 21/22FY 21/22
TOTALTOTAL
CITY OF SANTA ANA FY 21/22CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:Benjojtusbujpo
PROJECT DESCRIPTION:Qspkfdu!tdpqf!jodmveft!efnpmjtijoh!uif!fyjtujoh!sftusppn!cvjmejoh-!jotubmmjoh!b!ofx!qsf.gbcsjdbufe!sftusppn!cvjmejoh-!boe!tjuf!jnqspwfnfout!up!qspwjef!bo!bddfttjcmf!qbui!pg!usbwfm
!up!uiftf!gbdjmjujft/
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PROJECT COSTSSOURCE OF FUNDS
PROJECT TITLE:Dbnqftjop!Qsf.Gbc!Sftusppn PROJECT CATEGORY:Qbsl!Gbdjmjuz!JnqspwfnfoutQbsl!Gbdjmjuz
LOCATION MAP
AGENCY:Qbslt-!Sfd/!'!Dpnnvojuz!Tfswjdft
Exhibit 5
..-.-
DATE:42.Bvh.3132
FY 27/28FY 27/28
..-.-
FY 26/27FY 26/27
..-.-
FY 25/26FY 25/26
..-.-
FY 24/25FY 24/25
PROJECT NEED:Uif!sftusppn!bu!Nfnpsjbm!Qbsl!jt!pof!pg!uisff!sftusppnt!uibu!ibt!cffo!jefoujgjfe!bt!b!ubshfu!gps!wboebmjtn!boe!xpvme!sfrvjsf!nbkps!fggpsut!up!nbjoubjo!evf!up!pme!bhf!boe!fyjtujoh!dpoejuj
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..-.-
FY 23/24FY 23/24
CONTACT:Spo!Pop-!Benjojtusbujwf!Tfswjdft!Nbobhfs
..-.-
FY 22/23FY 22/23
64-683
595-111 537,572 648-683 537,572
FY 21/22FY 21/22
TOTALTOTAL
CITY OF SANTA ANA FY 21/22CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:Benjojtusbujpo
PROJECT DESCRIPTION:Qspkfdu!tdpqf!jodmveft!efnpmjtijoh!uif!fyjtujoh!sftusppn!cvjmejoh-!jotubmmjoh!b!ofx!qsf.gbcsjdbufe!sftusppn!cvjmejoh!boe!tjuf!jnqspwfnfout!up!qspwjef!bo!bddfttjcmf!qbui!pg!usbwfm!
up!uiftf!gbdjmjujft/
DpotusvdujpoFohjoffsjohDECH!Qsphsbnt
PROJECT COSTSSOURCE OF FUNDS
PROJECT TITLE:Nfnpsjbm!Qsf.Gbc!Sftusppn PROJECT CATEGORY:Qbsl!Gbdjmjuz!JnqspwfnfoutQbsl!Gbdjmjuz
LOCATION MAP
AGENCY:Qbslt-!Sfd/!'!Dpnnvojuz!Tfswjdft
Public Works Agency
https://www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Contract Amendment for Asphalt Street Maintenance
AGENDA TITLE
Amend Purchase Order Contract with Hardy & Harper, Inc. to Increase the Annual
Amount by $450,000 for Asphalt Street Maintenance (Specification No. 18-084) (Non-
General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the Purchase Order Contract
with Hardy & Harper, Inc. for asphalt street maintenance to increase the annual amount
by $450,000, for a total annual amount not to exceed $1,440,000, for the remaining term
of the agreement ending on December 3, 2021, plus two optional renewal options
exercisable by the City Manager and City Attorney, subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency’s Maintenance Services Division is responsible for maintaining
approximately 400 miles of roadway within Santa Ana. The City utilizes contractors to
repair existing roadway pavement, seal roadway cracks, and repair concrete. In addition,
contractors also provide assistance to the water and sewer system by performing utility
trench repairs, water valve box repairs, and adjustment of manhole frames and covers to
grade.
On December 4, 2018, the City Council awarded a contract to Hardy & Harper, Inc. for
an annual amount not to exceed $990,000 to perform the services shown above. In
keeping with the City Council’s directives to preserve newly constructed and
reconstructed arterial streets, local streets and alleyways, staff has utilized the contract
in excess of 75 percent on the original agreement budget. Staff recommends amending
the purchase order to increase the amount by $450,000 annually to ensure sufficient
funds are available to perform necessary street repairs resulting from emergency water
and sewer system repairs; This amendment also allow the City to avoid deferring water
and sewer system repairs due to the inability to perform subsequent street repairs.
Contract Amendment for Asphalt Street Maintenance
September 21, 2021
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available for expenditure in the current Fiscal Year 2021-22 and will be
budgeted in subsequent fiscal years as shown below:
Fiscal Accounting Fund Accounting Unit,
Amount
YearUnit- Account #DescriptionAccount Description
Renewal Options (1-Year Terms)
Roadway $300,000
Special Gas
2021-2202917660-62300Maintenance, Contract
Tax
Services-Professional
Sanitary Sewer $340,000
Sanitary
2021-2205617640-62300Service, Contract
Sewer Fund
Services-Professional
Water System $800,000
2021-2206017641-62300Water FundMaintenance, Contract
Services-Professional
Roadway $300,000
Special Gas
2022-2302917660-62300Maintenance, Contract
Tax
Services-Professional
Sanitary Sewer $340,000
Sanitary
2022-2305617640-62300Service, Contract
Sewer Fund
Services-Professional
Water System $800,000
2022-2306017641-62300Water FundMaintenance, Contract
Services-Professional
Roadway $300,000
Special Gas
2023-2402917660-62300Maintenance, Contract
Tax
Services-Professional
Sanitary Sewer $340,000
Sanitary
2023-2405617640-62300Service, Contract
Sewer Fund
Services-Professional
Water System $800,000
2023-2406017641-62300Water FundMaintenance, Contract
Services-Professional
Total$4,320,000
Submitted By: Nabil Saba, Executive Director of Public Works
Approved By: Kristine Ridge, City Manager
Police Department
www.santa-ana.org/pd
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Paper Products and Janitorial Supplies for the Santa Ana Jail
AGENDA TITLE:
Award a Contract to American Sanitary Supply, Inc. for Paper Products in an Amount Not
to Exceed $420,000 Over a Four-Year Period (Specification No. 21-043) (General Fund)
RECOMMENDED ACTION
Award a blanket order contract to American Sanitary Supply, Inc. for paper products and
janitorial supplies for the Santa Ana Jail in an annual amount not to exceed $105,000, for
a one-year period expiring September 30, 2022, with provisions for three, one-year
renewal periods exercisable by the City Manager, for a total four-year contract amount of
$420,000, subject to non-substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
The Santa Ana Jail uses several paper products, including paper towels, toilet paper, and
feminine hygiene products, during normal daily operations of the Jail. The Santa Ana Jail
currently procures its paper goods and janitorial supplies from City Stores. During the
COVID-19 pandemic in 2020, a lack of supplies and rising costs posed a significant
obstacle to day-to-day operations. In response to these obstacles, a formal bid for
supplies was initiated. This blanket order contract will allow the Jail to process online
orders with American Sanitary Supply, and the vendor will directly ship goods/supplies to
the Jail. This more efficient workflow will save both time and money. Due to the increased
delivery schedule, deliveries will be more in line with a 24-hour operation.
The Notice Inviting Bids was advertised on March 26, 2021, on the City’s online bid
management and publication system. A summary of the bid invitation and bids received
is as follows:
149 Vendors were notified
10 Santa Ana vendors were notified
35 Vendors downloaded the bid packet
12 Bids received
2 Bids received from Santa Ana vendors
Paper Products and Janitorial Supplies for the Santa Ana Jail
September 21, 2021
Page 2
Twelve bids were received and opened on April 22, 2021, and evaluated (Exhibit 1). After
evaluation, ten of the twelve bids received were determined to be responsive. The bids
deemed non-responsive did not provide the required bid documents. Seven percent
Local Vendor Preference was applied to the bids received from the two small Santa Ana
vendors and four percent Local Vendor Preference was applied to the small Orange
County vendor.
The bid submitted from American Sanitary Supply, Inc. in Anaheim, CA., a small Orange
County vendor, is the lowest offer, responsive to the specifications, and meets the City’s
requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available for the first year of this agreement in the Jail Operations
miscellaneous supplies account, and will be budgeted in future fiscal years as follows:
Accounting Unit- Account Accounting Unit, Account
Fiscal YearAmount
#Description
FY 2021-2201114475 63001$105,000
Jail Operations – Misc. Supplies
FY 2021-2201114475 63001$105,000
Jail Operations – Misc. Supplies
FY 2021-2201114475 63001$105,000
Jail Operations – Misc. Supplies
FY 2021-2201114475 63001$105,000
Jail Operations – Misc. Supplies
$420,000
Total
EXHIBIT(S)
1. Bid Abstract
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
Police Department
www.santa-ana.org/pd
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Contract for Bio-Hazard Crime Scene Clean-Up, and Jail Decontamination
Services
AGENDA TITLE:
Award a Contract with Ocean Blue Environmental Services, Inc. in an Annual Amount Not
to Exceed $90,000 for up to a Five-Year Term (Specification No. 21-085) (General Fund)
RECOMMENDED ACTION
Award a blanket order contract with Ocean Blue Environmental Services, Inc., for bio-
hazard crime scene cleanup and jail decontamination services for a two-year period
expiring September 20, 2023, with provisions for three one-year renewal options
exercisable by the City Manager, in an annual not to exceed amount of $90,000, subject
to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Police Department contracts with outside vendors to handle crime scene,
biohazard, and jail cell decontamination clean-ups. These clean-up locations include the
following: traffic accidents, violent crime scenes, jail biohazard cleanup, and fentanyl
decontamination. There are many concerns and potentially dangerous bacteria, viruses,
and other bloodborne pathogens in biohazardous materials, and it is crucial that the
clean-up is handled correctly.
In order to clean blood, tissues, drugs, and other bodily fluids with precision, crime scene
clean-up companies use professional products and specialized equipment. For this
reason, biohazard clean-up should always be performed by trained professionals who
follow all established state and federal protocols for biohazard clean-up and disposal. The
Santa Ana Police Department will contract with Ocean Blue Environmental Services Inc
and receive services at a reduced rate, on a fixed fee schedule, saving time and money.
Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts
from any public agency utilizing a competitive bid process. The County of Orange’s firm-
fixed fee Contract #MA-060-19011329 with Ocean Blue Environmental Services, Inc., for
Blanket Order Contract for Bio-Hazard Crime Scene Cleanup and Jail Decontamination
Services
September 21, 2021
Page 2
bio-hazard crime scene cleanup services was awarded as a result of open, competitive
bidding, and meets the City’s procurement requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this agreement are available and will be budgeted in future budget years in the
Field Operations Contract Services account (no. 01114420 62300) and Jail Operations
Contract Services account (no. 01114475 62300) as follows:
Accounting Unit- Accounting Unit, Account
Fiscal YearAccount #DescriptionAmount
FY 2021-2201114420 62300Field Operations - Contract Services41,250
01114475 62300Jail Operations - Contract Services26,250
FY 2022-2301114420 62300Field Operations - Contract Services55,000
01114475 62300Jail Operations - Contract Services35,000
FY 2023-2401114420 62300Field Operations - Contract Services55,000
01114475 62300Jail Operations - Contract Services35,000
FY 2024-2501114420 62300Field Operations - Contract Services55,000
01114475 62300Jail Operations - Contract Services35,000
FY 2025-2601114420 62300Field Operations - Contract Services55,000
01114475 62300Jail Operations - Contract Services35,000
FY 2026-2701114420 62300Field Operations - Contract Services13,750
01114475 62300Jail Operations - Contract Services8,750
Total450,000
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
Police Department
www.santa-ana.org/pd
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Contract for Motorola 800 MHz Communications System Equipment
AGENDA TITLE:
Award Contract with Motorola Solutions, Inc. for Motorola 800 MHz Communications
System Equipment in the Amount of $224,846 (Specification No. 21-092) (General and
Non-General Fund)
RECOMMENDED ACTION
Award a blanket order contract with Motorola Solutions, Inc. for Motorola 800 MHZ
communications system equipment for a one-year period expiring September 20, 2022,
in the amount $200,000 for the Police Department and $24,846 for the Planning and
Building Agency, for a total amount not to exceed $224,846, subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Police Department (SAPD) utilizes hand-held portable and mobile radios
to communicate with other field personnel, the SAPD Dispatch Center, and Orange
County agencies via the Orange County Communications System (countywide dispatch
center). The 800 MHz Communications system has been in place since 1995 when
the County of Orange completed a competitive bid process and entered into a contract
with Motorola Solutions, Inc. to provide the 800 MHz Countywide Coordinated
Communications System (CCCS) integrated radio communications system. This system
was designed, built, and installed by Motorola using proprietary equipment and
technology.
This system allows all Police, Fire, Public Works, and Marine Safety agencies in Orange
County to share a common radio system, yet provides agencies with their own dispatch
and tactical channels. Radios are utilized for both emergent and non-emergent radio
traffic. Hand-Held radios are a critical lifeline for sworn and professional field personnel
for sharing rapidly changing information pertaining to calls for service and for relaying
field personnel safety messages.
Blanket Order Contract for Motorola 800 MHz Communications System Equipment
September 21, 2021
Page 2
This purchase will provide the Police Department with an additional 25 hand-held pacsets
for newly hired police officers and adequate spares for emergency services
purposes. The pacsets cost approximately $5,413 per unit, or $135,325 for 25 units. The
contract award will also provide a contingency of $64,675 for additional pacsets, mobile
radios, and other 800 MHz Countywide Coordinated Communications System equipment.
In addition, the Code Enforcement Division of the Planning and Building Agency will be
purchasing six radios. The purchase will provide the Code Enforcement Division with
handheld APX4000 Model II radios for newly hired Code Enforcement Staff and
replacement radios for non-working radios. The cost is approximately $4,141 per radio
or $24,846 for six radios. The handheld radios are critical for emergency and non-
emergency communication with our Police Department.
Santa Ana Municipal Code Section 2-807 requires that contracts for City purchases be
awarded on the basis of obtaining maximum quality and minimum costs after a
competitive process, but allows for awards of purchases exempt from a bid process
whenever it shall appear there is only one reasonable source. The County established
Agreement No. MA-060-15011560 with Motorola Solutions, Inc. for 800 MHz Countywide
Coordinated Communications System (800 MHz CCCS) under their Sole Source
Procurement Policy, providing access to the existing radio communication system
throughout the County. Motorola Solutions, Inc., the manufacturer, offers the equipment
and contract discounted pricing to all public agency’s in Orange County under the 800
MHz CCCS program.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this contract award in the amount of $224,846 are available in the Police
Department and Planning and Building Agency accounts as follows:
Accounting Unit -
Fiscal YearAccount#Accounting Unit, Account DescriptionAmount
Equitable Sharing - DOJ – Machinery &
FY 2021-2216614450 66400
Equipment$172,935
PD Central Distribution Ctr.- Machinery &
FY 2021-2201114450 66400
Equipment$27,065
FY 2021-2201116540 66400
PBA Comm Preserv. –Machinery & Equip.$8,282
PBA Enforcement Services- Comm
FY 2021-2201216010-66400
Preserv.- Machinery & Equipment$12,423
PBA- Proactive Rental Enforcement Prg. -
FY 2021-2201116550-66400
Machinery & Equipment$4,141
Total$224,846
Blanket Order Contract for Motorola 800 MHz Communications System Equipment
September 21, 2021
Page 3
Submitted By: David Valentin, Chief of Police
Minh Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Police Department
www.santa-ana.org/pd
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Agreement Amendment with NaphCare for Medical Services for the Santa Ana
Jail
AGENDA TITLE:
Approve Amendment to Agreement with NaphCare, Inc. to Provide Inmate Medical
Services for the Santa Ana Jail in the Amount of $2,854,746.87 (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a one-year agreement amendment with
NaphCare, Inc. to provide basic and emergency inmate health care services for the Santa
Ana Jail for the period of October 1, 2021 through September 30, 2022 in the amount of
$2,854,746.87, including a $200,000 contingency, subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
California's Board of State and Community Corrections (BSCC) mandates that agencies
provide essential and emergency health care services to incarcerated individuals within
their custody. Additionally, the City's federal contracts require that the City provide
medical services to contract inmates. The Police Department issued a Request for
Proposals (RFP#17-051) for inmate medical services on April 17, 2017. Among the
responses, NaphCare was the most responsive, capable, and cost-effective. On October
1, 2017, a two-year agreement was executed with NaphCare. This agreement
amendment is the last of three one-year renewal options and will cover the period of
October 1, 2021 through September 30, 2022.
NaphCare has improved efficiencies, modernized medical operations, and increased
preventive health measures, reducing the need for outside medical care. NaphCare has
provided routine and emergency inmate medical services, including, but not limited to,
the following: providing prescription and over-the-counter medications, physical
examinations, dental care, and psychiatric services. Additionally, NaphCare has provided
CPR and tuberculosis screening to Jail employees. NaphCare has consistently improved
Santa Ana's health care operations by providing high-quality, community-standard health
care within the Jail. NaphCare also provides comprehensive care for medical conditions,
Agreement Amendment with NaphCare for Medical Services for the Santa Ana Jail
September 21, 2021
Page 2
mental health conditions, and substance abuse disorders. NaphCare has maintained
compliance on all the following services:
Patient X-ray reports
Patient lab reports
Inmates in segregation
Chronic care treatments
Medication administration
Detox process
Timeliness of intake screenings
Health assessments
COVID-19 screening
In the wake of the COVID-19 pandemic, NaphCare responded quickly and aggressively
to provide a safe environment for Jail inmates and frontline workers.
NaphCare has agreed to continue to provide these services for an additional year at a
negotiated CPI increase of 0.7 percent, the published CPI for Bureau of Labor Statistics
for Los Angeles, Long Beach, and Anaheim as of June 2021. A $200,000 contingency is
included for services not included in the base agreement including, but not limited to,
pharmaceuticals, x-rays, dentures, and OB/GYN exams. The agreed upon parking
reimbursement amount of $18,000 has also been added to the total agreement amount.
The new rates for Tier 1 and Tier 2, based upon the Jail’s population, are listed below. At
the current average daily population (ADP) of approximately 400 inmates, the Jail
anticipates paying the Tier 1 rate for this amendment.
Tier 1 (ADP at or above Tier 2 (ADP at or below
176)175)
Renewal Option Year 3$2,636,746.87$2,323,841.64
Parking$18,000$18,000
Contingency$200,000$200,000
Total$2,854,746.87$2,541,841.64
A medical consultant has been hired to assess the Jail's operational needs to create an
inmate medical services RFP for FY 2022-23, including regulatory issues mandated by
state law and complyiance with BSCC standards. To help secure an agreement
representing industry best practices and specific needs, the consultant will analyze
proposals, analyze data, and present findings. Using their expertise in this highly
specialized and technical area, they will ensure the outcome is an ideal balance between
cost and quality.
NaphCare has been accommodating, professional and consistent in its services, and staff
recommends approval of this one-year agreement amendment.
Agreement Amendment with NaphCare for Medical Services for the Santa Ana Jail
September 21, 2021
Page 3
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this agreement are available and will be budgeted in future budget years in the
Jail Operations Contract Services account (no. 01114475 62300) as follows:
Accounting Unit- Accounting Unit, Account
Fiscal YearAmount
Account #Description
FY 2021-2201114475 62300Jail Operations - Contract Services2,141,060.15
FY 2022-2301114475 62300Jail Operations - Contract Services713,686.72
Total2,854,746.87
EXHIBIT(S)
1. Agreement Amendment with NaphCare, Inc.
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
Police Department
www.santa-ana.org/pd
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Agreement for Police Department Public Awareness Campaigns
AGENDA TITLE:
Reconsideration of 8/17/2021 Approved Agenda Item: Agreement with Barrios and
Associates, LLC, DBA Communications Lab, for "Ready OC" Emergency Preparedness
and "If You See Something, Say Something" Public Awareness Campaigns
RECOMMENDED ACTION
Authorize the City Manager to enter into an agreement with Barrios & Associates, LLC,
dba Communications LAB. for the period of September 21, 2021 through June 30, 2024,
with two one-year options for renewal, to continue the Ready OC Emergency
Preparedness Campaign and the “If You See Something, Say Something™” Public
Awareness Campaign, for a total five-year amount not to exceed $1,150,000, subject to
non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The United States Department of Homeland Security has developed the Urban Areas
Security Initiative (UASI) funding program. UASI is designed to address the unique
planning, equipment, training, and exercise needs of high-threat, high-density urban
areas and provides funds to local emergency first responders that assist in building an
enhanced and sustainable capacity to prevent, protect, respond to, mitigate and recover
from acts of terrorism. The grant specifically provides funding for anti-terrorism
equipment, planning, training, exercises and technical assistance.
In FY 2006, the United States Department of Homeland Security combined the Anaheim
UASI and the Santa Ana UASI into a single Urban Area (ASAUA). The City of Santa Ana
now shares grant administrative responsibilities with the City of Anaheim, annually
alternating the function of lead administrative agency. Anaheim manages the grant during
the even years (i.e., 2018, 2020 etc.), while Santa Ana manages the grant during the odd
years (i.e., 2019, 2021, etc.).
Since 2008, the ASAUA has utilized a preparedness campaign that encourages Urban
Area businesses and residents to be prepared for catastrophic events such as acts of
Agreement for Police Department Public Awareness Campaigns
September 21, 2021
Page 2
terrorism. The campaigns utilize a multi-media approach in making residents and
businesses aware of the need to be prepared and the necessary steps they can take to
become better prepared. The campaigns have: provided printed material such as
brochures and children’s activity books, created video shorts and Public Service
Announcements (PSA’s), developed major Southern California radio station
advertisements, social media and YouTube channels, created display tables and
giveaways for community events, and designed a website that makes emergency
preparedness activities and information available to the public. The campaign has also
partnered with the private sector to increase preparedness among the private sector and
secure resources to further the campaigns’ preparedness efforts. The ASAUA seeks to
continue its emergency preparedness campaigns with maintenance and updates to the
existing website, and implementation of new micro-campaigns and multi-media events.
In addition to the “Ready OC” preparedness campaign, the ASAUA has utilized an
awareness campaign, “If You See Something, Say Something™” , to educate, inform,
and raise the awareness level of Urban Area businesses and residents to encourage
reporting of suspicious activity, persons, or objects in their community to local authorities.
Like “Ready OC”, this campaign utilizes an existing website, brochures, and children’s
activity pages, created video shorts and Public Service Announcements (PSAs), social
media and YouTube channels, created display tables and giveaways for community
events, micro-campaigns, and multi-media events to raise and spread awareness
throughout the Urban Area. The ASAUA seeks to continue its awareness campaign with
maintenance and updates to the website, and implementation of new micro-campaigns
and multi-media events.
The Request for Proposal (RFP) No. 20-009 was advertised on February 17, 2020 and
offers were solicited. A summary of the RFPs and offers received is as follows:
187 Vendors were notified
46 Vendors downloaded the RFP
12 Santa Ana vendors notified
4 Proposals received
Of the four proposals received, Cyfuture Inc. was deemed non responsive due to
submitting an incomplete proposal. The three remaining proposals were opened on
March 15, 2021, and evaluated.
Outreach Efforts
The Purchasing Division advertised this project on the City’s online bid management and
publication system, which directly notified 12 Santa Ana vendors.
The proposers were ranked by the review committee based on the following criteria:
Agreement for Police Department Public Awareness Campaigns
September 21, 2021
Page 3
Responsiveness to the RFP (25%)
Experience of Firm and Personnel (30%)
Reasonableness of Cost (25%)
References (20%)
The results of the RFP evaluation are as follows:
VendorScore
Communications LAB94.6
Loma Media92.3
S. Groner Associates86.3
100 point max
Communications LAB was the most responsive, cost effective, and capable respondent.
Communications LAB Communications brings valuable expertise and institutional
knowledge to both campaigns. This includes all branding, strategies, micro-campaigns,
and established media relationships. Communications LAB presented a variety of
concepts that envision a refreshed and expanded campaign with strategies capable of
reaching a broader audience. Communications LAB has worked with the City of Anaheim,
Southern California Edison, OCTA, Cigna, and many others.
It is anticipated that the current scope of services developed by the consultant will differ
or expand as promotional opportunities arise. The final determination of services
provided by Communications LAB may be adjusted in writing and executed by the City
Manager and City Attorney’s Office, and by Communications LAB.
This agreement was originally approved by the City Council at the August 17, 2021 City
Council meeting, and at the September 7, 2021 meeting, the City Council voted to
reconsider this item at the September 21, 2021 meeting. The agreement term will run
from September 21, 2021 to June 30,2024, and provide for two one-year options for
renewal. The total agreement amount of $1,150,000 includes $600,000 for the initial
term, and $200,000 for each one-year renewal option. Each year includes an additional
15% contingency. The agreement also includes language that will allow for the processing
of invoices for work performed between August 17, 2021 and September 21, 2021.
Execution of years two, three, four and five of this agreement are contingent upon a UASI
Grant award to the Anaheim/Santa Ana Urban Area for the respective grant years, and
that the award is sufficient in size to sustain both campaigns. Future UASI grant funds
must be recognized and appropriated by the City Council prior to any expenditure on
these programs under this agreement.
Agreement for Police Department Public Awareness Campaigns
September 21, 2021
Page 4
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available for the first year of this agreement in the FY19 UASI Grant Program
fund accounts.
Accounting Unit- Accounting Unit, Account
Fiscal YearAmount
Account #Description
FY19 UASI Grant Program – Santa
FY 2021-2212514407-62300$230,000
Ana
FY20 UASI Grant Program –
FY 2022-2312514491-62300$230,000
Anaheim
FY21 UASI Grant Program – Santa
FY 2023-2412514407-62300$230,000
Ana
FY22 UASI Grant Program –
FY 2024-2512514491-62300$230,000
Anaheim
FY23 UASI Grant Program – Santa
FY 2025-2612514407-62300$230,000
Ana
$1,150,000
Total
EXHIBIT(S)
1. Agreement with Barrios & Associates, LLC, dba Communications LAB.
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
AGREEMENT WITH BARRIOS & ASSOCIATES TO PROVIDE
COMMUNITY OUTREACH AND PROMOTIONAL SERVICES
THIS AGREEMENT is made and entered into this 17th day of August 2021, by and
between Barrios & Associates, LLC, dba Communications LAB, a California limited liability
company (Consultant) and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. On February 17, 2021, the City issued Request for Proposal No. 21-009, by which it sought a
Consultant having special skill and knowledge in the field of community outreach and
promotional services related to the ReadyOC (ROC) Emergency Preparedness Campaign
B. The City, acting through the Santa Ana Police Department in its capacity as a Core City
for the Anaheim/Santa Ana Urban Area under the FY19 Urban Areas Security Initiative,
has applied for, received and accepted a grant from the U.S. Department of Homeland
Security, Federal Emergency Management Agency, through the State of California, Office
of Emergency Services, to enhance security and overall preparedness to prevent, protect,
mitigate respond to, and recover from acts of terrorism
C. Consultant represents that it has the necessary skills and experience to expand and enhance
existing websites utilizing successful marketing strategies and outlets such as multi-media
events, social media venues, Public Service Announcement videos, radio station
advertisements, and business partnership groups.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A for the Ready OC
Campaign and Consultant shall perform those services as set forth in Exhibit B
Something, Say Something Campaign. Scope of services for FY2022, FY2023, FY2024, and
FY2025 will be amended yearly no later than Q3 of the previous fiscal year and shall be approved
by the City Attorney and City Manager.
1
2.COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services
during the first year of the Agreement (2021-2022), the rates and charges identified in
Exhibit A and B (Scope of Services for year one). The total sum to be expended under
the term of this Agreement, including any extension periods, shall not exceed one
million one hundred fifty thousand dollars ($1,150,000.00) during the five-year term
of this Agreement. This amount is compromised of the base sum of (1) $600,000 for
years one through three, (2) $400,000 for years four and five, and (3) a 15%
contingency of up to $150,000 for additional costs or services as may be directed by
the City. Funding for 2022-2023, 2023-2024, 2024-2025 and 2025-2026 are contingent
upon grant funding being secured by the City and if such funding is not secured, then
the Agreement will terminate when the current funding is exhausted.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed and deliverables completed, subject to City
accounting procedures. Payment need not be made for work, which fails to meet the
standards of performance set for in the Recitals, which may reasonably be expected by
City.
3. TERM
This Agreement shall commence on August 17, 2021 and terminate on June 30, 2024,
unless terminated earlier in accordance with Section 15, below. The term of this Agreement may
be extended for up to two (2) one (1) year options to renew
contingent upon funding being secured by the City, as defined in Section 2.a., above.
4. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS,
PROGRAMS AND SYSTEMS
Any and all records, papers, plans, drawings, specifications, programs, systems and other
materials prepared by Consultant pursuant to this Agreement shall be the property of the City.
Consultant agrees to provide the City with any such materials whenever requested to do so.
5. 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.
2
6.INSURANCE
Vendor/Consultant shall procure and maintain for the duration of the contract insurance
against claims for security breaches, system failures, injuries to persons, damages to software,
or damages to property (including computer equipment) which may arise from or in connection
with the performance of the work hereunder by the Vendor, its agents, representatives, or
employees. Vendor shall procure and maintain for the duration of the contract insurance claims
arising out of their services and including, but not limited to loss, damage, theft or other misuse of
data, infringement of intellectual property, invasion of privacy and breach of data.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate
limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general
aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code
1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with
limit no less than $1,000,000 per accident for bodily injury and property damage.
3. insurance as required by the State of California, with Statutory
$1,000,000 per
accident for bodily injury or disease. (Not required if consultant provides written
verification it has no employees)
4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and
obligations as is undertaken by Vendor in this agreement and shall include, but not be
limited to, claims involving security breach, system failure, data recovery, business
interruption, cyber extortion, social engineering, infringement of intellectual property,
including but not limited to infringement of copyright, trademark, trade dress, invasion of
privacy violations, information theft, damage to or destruction of electronic information,
release of private information, and alteration of electronic information. The policy shall
provide coverage for breach response costs, regulatory fines and penalties as well as credit
monitoring expenses.
Technology Professional Liability Errors & Omissions
Technology Professional Liability Errors and Omissions Insurance appropriate to the
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by
the Vendor in this agreement and shall include, but not be limited to, claims involving security
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breach, system failure, data recovery, business interruption, cyber extortion, social engineering,
infringement of intellectual property, including but not limited to infringement of copyright,
trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction
of electronic information, release of private information, and alteration of electronic information.
The policy shall provide coverage for breach response costs, regulatory fines and penalties as well
as credit monitoring expenses.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for
damage to, alteration of, loss of, or destruction of electronic data and/or information
If the Vendor maintains broader coverage and/or higher limits than the minimums shown
above, the Entity requires and shall be entitled to the broader coverage and/or the higher
limits maintained by the contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations performed
by or on behalf of the Vendor including materials, parts, or equipment furnished in connection
with such work or operations. General liability coverage can be provided in the form of an
both
CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the primary. Coverage
for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respects the Entity, its
officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the
and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with
notice to the Entity.
Waiver of Subrogation
Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said
Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance.
Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the Entity has received a waiver
of subrogation endorsement from the insurer.
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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the
Vendor to provide proof of ability to pay losses and related investigations, claim administration,
and defense expenses within the retention. The policy language shall provide, or be endorsed to
provide, that the self-insured retention may be satisfied by either the named insured or Entity.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
-:VII, unless otherwise acceptable to the Entity.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the
beginning of contract work.
2.!Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a Retroactive Date prior to the contract effective date, the Vendor must purchase
five (5) years after completion of contract
work.
Verification of Coverage
Vendor shall furnish the Entity with original Certificates of Insurance including all required
amendatory endorsements (or copies of the applicable policy language effecting coverage required
by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all
policy endorsements to the Entity before work begins. However, failure to obtain the required
tion to provide them.
The Entity reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the
requirements stated herein, and Vendor shall ensure that Entity is an additional insured on
insurance required from subcontractors.
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the
risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to and shall defend, indemnify and hold harmless the City, its officers,
agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal
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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 direct
or indirect operations of the Consultant or its subcontractors, agents, employees, or other persons
acting on their 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.
8. CONFORMITY WITH LAW AND SAFETY
In performing any services under this Agreement, Contractor shall observe and comply
with all applicable laws, ordinances, codes, and regulations of governmental agencies, including
federal, state, municipal, and local governing bodies having jurisdiction over the scope of services,
including all provisions of the California Occupational Safety and Health Act. Contractor shall
indemnify, defend, and hold harmless City from any and all liability, fines, penalties, and
regulations.
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. The Contractor
agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States,
or any of their authorized representatives access to any books, documents, papers, and records of
the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing
parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably
needed. The Contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work being completed
under the contract.
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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 c
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. 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 telefacsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: (714) 647-6956
Copy to: Chief of Police
City of Santa Ana
60 Civic Center Plaza (M-97)
P.O. Box 1981
Santa Ana, CA 92702
Fax: (714) 245-8007
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With courtesy copies to:
Roland Andrade, Sergeant
UASI Grant Coordinator
Homeland Security Division
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92701
To Consultant:
Barrios & Associates, LLC, dba Communications
Arianna Barrios
701 E Chapman Avenue
Orange, CA 92866
Telephone: (949) 215-5539 ext. 101
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 telefacsimile, any notice, tender, demand, delivery, or other 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.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein 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, that terms and conditions hereof, shall not
bind or obligate Consultant nor 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 are 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
8
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 Cityity 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 City of Santa Ana may require Consultant to deliver
to the City all work product 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. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
17. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further agree
that Orange County, California, shall be the venue for any action or proceeding that may be brought
or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
9
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. SEVERABILITY
In the event that one or more of the phrases, sentences, clauses, paragraphs or sections
contained in this Agreement shall be declared invalid or unenforceable by 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 shall be
interpreted to carry out the intent of the parties hereunder.
20. CERTIFICATIONS
a. Debarment and Suspension. Contractor will comply, and all its subcontractors will
comply, with applicable federal suspension and debarment regulations including, but not limited
to, Executive Orders 12549 and 12689, and 2 Code of Federal Regulations (CFR) §200.212 and
codified in 2 CFR Part 200.
b. Section 504 of the Rehabilitation Act of 1973. All recipients of federal funds must
comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds
recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise
qualified disabled person shall, solely by reason of disability be excluded from the participation
in, be denied the benefits of or be subject to discrimination, including discrimination in
employment, in any program or activity that receives or benefits from federal financial assistance.
Contractor agrees it will ensure that requirements of The Act shall be included in any agreements
with and be binding on all of its subcontractors, assignees, or successors.
c. Americans with Disabilities Act of 1990 (ADA). Contractor must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
d. Lobbying and Political Activity. None of the funds, materials, property, or services
provided directly or indirectly under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office, or otherwise in
e. Contractor will comply, and all its subcontractors will comply, with all applicable
lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352, et
seq., and agrees that none of the funds provided under this award may be expended by the
Contractor to pay any person to influence, or attempt to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with any federal action concerning the award or renewal of any federal
contract, grant, loan, or cooperative agreement.
f. Contractor will comply, and all its subcontractors will comply, with all
requirements of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), as applicable. Contractors
who apply or bid for an award of more than $100,000 shall file the required certification regarding
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lobbying. Each tier certifies to the tier above that it will not and has not used federally appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, officer or employee of Congress, or an employee
of a Member of Congress in connection with obtaining any federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal
funds that takes place in connection with obtaining any federal award. Such disclosures are
forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the
federal awarding agency.
g. Non-Discrimination and Equal Opportunity. Contractor will comply, and all its
subcontractors will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section
504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with
Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as
amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of
1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice
Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or
State court, Federal or State administrative agency, or the Contractor makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin,
sex, or disability against Contractor, Contractor will forward a copy of the findings to City, which
will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S.
Department of Justice.
h. Contractor will comply, and all its subcontractors will comply, with all
1375 of October 13, 1967, and as supplemented
in Department of Labor regulations (41 CFR chapter 60), as applicable. During the performance
of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for 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 will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
11
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals
who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the
employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding,
a notice to be provided advising the said labor union or workers' representatives of
the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this 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 Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by
law.
(8) The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965, so that such provisions will be binding upon each subcontractor or
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vendor. The contractor will take such action with respect to any subcontract or
purchase order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance: provided, however, that in the
event a 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 the United States to enter into such litigation to protect
the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, that if the applicant so participating is a state or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and
the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it
will furnish the administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist the administering
agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract
modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred
from, or who has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the Executive Order and will carry out such sanctions and
penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart
D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with
these undertakings, the administering agency may take any or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain
from extending any further assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of future compliance has been received from
such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
i. Contractor will comply, and all its subcontractors will comply, with all
requirements of the California Public Contract Code Section 10295.3, as applicable.
j. Contractor will comply, and all its subcontractors will comply, with all
-
Department of Labor regulations (29 CFR Part 3), as applicable. A breach of the contract clauses
above may be grounds for termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
k. Contractor will comply, and all its subcontractors will comply, with all
requirements of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department
of Labor regulations (29 CFR Part 5), as applicable.
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l. Contractor will comply, and all its subcontractors will comply, with all
requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C.
327-330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
Compliance with the Contract Work Hours and Safety Standards Act:
(1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (b)(1) of this section the contractor
and any subcontractor responsible therefor shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to
such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph
(b)(1) of this section, in the sum of $27 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek
of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Contractor shall upon
its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable
on account of work performed by the contractor or subcontractor under any such
contract or any other federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (b)(2) of this section
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (b)(1) through (4) of this section and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4)
of this section.
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m. Contractor will comply, and all its subcontractors will comply, with all applicable
standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.
1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations (40 CFR part 15), as applicable. The contractor
agrees to report each violation to the City and understands and agrees that the City will, in turn,
report each violation as required to assure notification to the Federal Emergency Management
Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.
n. Contractor will comply, and all its subcontractors will comply, with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR
8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable.
o. Contractor will comply, and all its subcontractors will comply, with all
requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as applicable. In the performance of this contract, the Contractor
shall make maximum use of products containing recovered materials that are EPA-designated
items unless the product cannot be acquiredcompetitively within a timeframe providing for
compliance with the contract performance schedule; meeting contract performance requirements;
or at a reasonable price. Information about this requirement, along with the list of EPA-designated
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
p. Contractor agrees that the Department of Homeland Security shall have the
authority to seek patent rights for any process, product, invention or discovery developed and paid
for with funding through this Agreement based on the requirements of 37 CFR§ 401, as applicable.
q. Contractor may copyright any books, publications or other copyrightable materials
developed in the course of or under this Agreement. However, the federal awarding agency, State
Administrative Agency (SAA), and City reserve a royalty-free, non-exclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for federal
government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the Contractor purchases ownership with support
form must ensure the preservation of these rights.
(3) License and delivery of works subject to copyright and data rights. The Contractor
grants to the City, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide
license in data first produced in the performance of this contract to reproduce,
publish, or otherwise use, including prepare derivative works, distribute copies to
the public, and perform publicly and display publicly such data. For data required
by the contract but not first produced in the performance of this contract, the
Contractor will identify such data and grant to the City or acquires on its behalf a
15
license of the same scope as for data first produced in the performance of this
contract. Data, as used herein, shall include any work subject to copyright under 17
U.S.C. § 102, for example, any written reports or literary works, software and/or
source code, music, choreography, pictures or images, graphics, sculptures, videos,
motion pictures or other audiovisual works, sound and/or video recordings, and
architectural works. Upon or before the completion of this contract, the Contractor
will deliver to the City data first produced in the performance of this contract and
data required by the contract but not first produced in the performance of this
contract in formats acceptable by the City.
r. Prohibition on Contracting for Covered Telecommunications Equipment or
Services.
(a) Definitions. As used in this clause, the terms backhaul; covered foreign country;
covered telecommunications equipment or services; interconnection arrangements; roaming;
substantial or essential component; and telecommunications equipment or services have the
meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds
for Covered Telecommunications Equipment or Services (Interim), as used in this clause
(b) Prohibitions.
(1) Section 889(b) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit
the head of an executive agency on or after Aug.13, 2020, from obligating
or expending grant, cooperative agreement, loan, or loan guarantee funds
on certain telecommunications products or from certain entities for national
security reasons.
(2) Unless an exception in paragraph (c) of this clause applies, the contractor
and its subcontractors may not use grant, cooperative agreement, loan, or
loan guarantee funds from the Federal Emergency Management Agency to:
(i) Procure or obtain any equipment, system, or service that uses
covered telecommunications equipment or services as a substantial
or essential component of any system, or as critical technology of
any system;
(ii) Enter into, extend, or renew a contract to procure or obtain any
equipment, system, or service that uses covered telecommunications
equipment or services as a substantial or essential component of any
system, or as critical technology of any system;
(iii) Enter into, extend, or renew contracts with entities that use covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part
of any system; or
(iv) Provide, as part of its performance of this contract, subcontract, or
other contractual instrument, any equipment, system, or service that
16
uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical
technology as part of any system.
(c) Exceptions.
(1) This clause does not prohibit contractors from providing
(i) A service that connects to the facilities of a third-party, such as
backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user
data traffic or permit visibility into any user data or packets that such
equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system;
and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not
considered covered telecommunications equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications
equipment or services used as a substantial or essential component of any
system, or as critical technology as part of any system, during contract
performance, or the contractor is notified of such by a subcontractor at any
tier or by any other source, the contractor shall report the information in
paragraph (d)(2) of this clause to the recipient or subrecipient, unless
elsewhere in this contract are established procedures for reporting the
information.
(2) The Contractor shall report the following information pursuant to paragraph
(d)(1) of this clause:
(i) Within one business day from the date of such identification or
notification: The contract number; the order number(s), if
applicable; supplier name; supplier unique entity identifier (if
known); supplier Commercial and Government Entity (CAGE) code
(if known); brand; model number (original equipment manufacturer
number, manufacturer part number, or wholesaler number); item
description; and any readily available information about mitigation
actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph
(d)(2)(i) of this clause: Any further available information about
mitigation actions undertaken or recommended. In addition, the
contractor shall describe the efforts it undertook to prevent use or
submission of covered telecommunications equipment or services,
and any additional efforts that will be incorporated to prevent future
use or submission of covered telecommunications equipment or
services.
17
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this
paragraph (e), in all subcontracts and other contractual instruments.
s. Domestic Preference for Procurements. As appropriate, and to the extent consistent
with law, the contractor should, to the greatest extent practicable, provide a preference for the
purchase, acquisition, or use of goods, products, or materials produced in the United States. This
includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For
purposes of this clause: produced in the United States means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings,
occurred in the United States. Manufactured products mean items and construction materials
composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
t. The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags
or likenesses of DHS agency officials without specific FEMA pre-approval. The contractor shall
include this provision in any subcontracts.
u. This is an acknowledgement that FEMA financial assistance will be used to fund
all or a portion of the contract. The contractor will comply with all applicable federal law,
regulations, executive orders, FEMA policies, procedures, and directives.
v. The federal government is not a party to this contract and is not subject to any
obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any
matter resulting from the contract.
w. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies
x If subcontracts are to be let, the prime contractor is required to take all necessary
steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses,
21. EXHIBITS
All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement.
22. AUTHORITY
The person(s) 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.
18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:CITY OF SANTA ANA
_________________________________________________
DAISY GOMEZKRISTINE RIDGE
Clerk of the CouncilCity Manager
APPROVED AS TO FORM: BARRIOS & ASSOCIATES, LLC, DBA
SONIA R. CARVALHOCOMMUNICATIONS LAB
City Attorney
By:
TAMARA BOGOSIANARIANNA BARRIOS
Senior Assistant City AttorneyCEO
RECOMMENDED FOR APPROVAL
___________________________
DAVID VALENTIN
Chief of Police
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EXHIBIT A
FY21 READYOC STATEMENT OF WORK
General Information:
The following Statement of Work (SOW) defines the principal activities and responsibilities of
all parties for public outreach services to support the ReadyOC (ROC) Emergency Preparedness
Campaign. This scope of work shall stand as an agreement between the City of Santa Ana (here-
in-after Santa Ana) and Communications LAB (here-in-after Comm LAB) for the contracted
period.
Comm LAB will supply the following services:
Marketing:
· Brand Management
· Collateral (kids books, brochures)
· Ready Fox OC Redo (new mascot)
Digital Communications
· Website
Site content updating
Site optimization
Site maintenance
· Newsletter Database Development
· Social Media
a. Content Development
b. Graphic Design
· App Management
Updating and maintenance
· Text Message Strategy
Develop Partnership with Alert OC
Advertising:
· Social/Search ads
· Paid Advertising
Media:
· Broadcast news promotions
· Media/corporate promotions
· Publicity Service Announcements (PSA)
· Media Training
· Public Information Support (ROC)
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Outreach-Education-Partnerships:
· Local Stakeholder Outreach
· Elected Officials Outreach
· Partner Outreach
· Citizen and faith-based outreach
Project Management
· Project Administration Services
· Routine Meeting with ROC Strategy Team
· KPI Reports
No deviation of this SOW will be allowed without written consent from the Santa Ana Project
Manager. Nevertheless, Santa Ana recognizes that projects of this magnitude will likely
encounter various unforeseeable events that may cause tasks to overlap or change, and such
change will be permissible with the written approval of the Santa Ana Project Manager.
This SOW is contingent upon both Comm LAB and Santa Ana fulfilling their respective
responsibilities as defined in the Agreement and within this document.
Contents
The following are included with this SOW:
· Task Descriptions
· Project Change Order
· Project Schedule
· Milestone Payment Schedule
General Project Management Responsibilities
Project management occurs throughout the project and is involved in every task. The overall
project management activities are listed here for reference.
Comm LAB Responsibilities:
a.
b. Manage the efforts of the Comm LAB team and coordinate Comm LAB activities
with the Santa Ana Project Manager.
c. Conduct on-
basis or when reasonably required at the discretion of Santa Ana to discuss project
status.
d. Provide timely responses, within ten (10) business days, to issues raised by Santa
e. Prepare and submit, no later than the fifth business day of each month, a status
activity report that includes: the accomplishments of the previous month, activities
planned for the current month and any update to the project schedule.
f.
necessary.
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g. Prepare and submit Task Completion Letter(s) with appropriate invoices to Santa
Santa Ana Responsibilities:
a. Maintain project communications with the Comm LAB Project Manager.
b. Manage the efforts of ROC involved staff and coordinate ROC activities with the
Comm LAB Project Manager.
c. The Project Manager must ensure that personnel have ample time, resources, and
expertise to carry out their respective tasks and responsibilities.
d. The Project Manager or his designee will participate in status meetings with the
Comm LAB Project Manager on a monthly basis or as may otherwise be
reasonably required to discuss project status.
e. Provide timely responses, within ten (10) business days, to issues raised by the
Comm LAB Project Manager.
f. Liaison with all Santa Ana-provided third-party vendors and associated systems.
g. Ensure acceptable Change Orders are approved by authorized signature(s).
h. Ensure acceptable Task Completion Letter(s) are approved by the Project
Manager or his designee.
i. Ensure timely payment of invoices.
j. Ensure Comm LAB access to server and network equipment and work areas on a
24x7 basis, with pre-authorization for off-hours.
k. Provide workspace for Comm LAB personnel as reasonably requested.
SOW Format:
Each task includes the following: Title, Objective, Task Description, Responsibilities and
Completion Criteria. The tasks are depicted on the project schedule. All parties recognize that the
SOW is not formatted chronologically with contractual obligations defaulting to the Project
Schedule unless otherwise noted.
TASK 1: 2021-22 MARKETING ROADMAP
Objective:
Create, establish and implement a formal marketing plan and road map to best promote and
provide outreach for ROC during the campaign period. The road map will include target
audiences, objectives, management procedures and proposed activities.
Task Description:
Develop, refine, review and approve plans for all campaign initiatives, including the marketing
plan and project schedule. Activities include:
a. Launch Meetings conduct a minimum of two meetings with the Santa Ana Project
Manager to present strategies and recommendations and to get approval to proceed
with the Road Map.
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b. 2021-2022 Marketing Road Map develop and submit a comprehensive marketing
communications and promotions plan detailing strategies, objectives, tasks, schedules
and metrics for all ROC activities during the contracted period.
c. Project Schedule develop and complete a comprehensive project schedule that
details timing for all activities.
d. Project Management & Control Procedures review and update, as needed, all
currently approved control and administrative procedures (change orders, approval
processes, etc.) and documents currently on file with the Santa Ana Project Manager.
Responsibilities:
Comm LAB shall:
a. Develop the initiative and seek plan approval from Santa Ana Project Manager
b. Execute the promotion in accordance with the approved plan
Santa Ana shall:
a. Approve plan and promotion elements
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 1-A: BRANDING AND DIGITAL MARKETING AUDIT
Objective:
presence. The audit will in
safeguard the integrity of this campaign.
Task Description:
consider the appropriate use of tools and materials for the targeted audiences, image and visual
Responsibilities:
Comm LAB shall:
a. Collect, review and evaluate branding and digital marketing materials.
b. Present audit findings and key recommendations to Santa Ana Project Manager.
Santa Ana shall:
a. Review audit and approve execution of key recommendations.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of August 2021.
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TASK 2: DIGITAL COMMUNICATIONS
Objective: Create a digital communications outreach
communications strategy. This communications platform will mainly consist of a newsletter
distribution system and database retention effort.
Task Description:
Through various digital outreach tactics, we will work to build an internal database for email
distribution. These monthly newsletters will support the following:
a. Micro-campaigns: promotion of various sub-campaigns in relation to our pre-
approved micro-campaigns (i.e. emergency kits, college earthquake preparedness,
etc.)
b. Ready OC messaging: promotion of general Ready OC information, tools, resources,
etc.
Responsibilities:
Comm LAB shall:
a. Create a newsletter system in combination with a database collection initiative
b. Routinely distribute information newsletter to database
c. Provide KPI report to Santa Ana Project to show progress
Santa Ana shall:
a. Review, edit and approve newsletter drafts for distribution
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 2-A: NEWSLETTER DATABASE COLLECTION STRATEGY
Objective: Establish a robust database of stakeholders to distribute newsletters, updates and
relevant information.
Task Description: Develop a mechanism to collect contact information from Orange County
stakeholders interested in receiving news from ROC. The collector will include:
a. Email address
b. City of residence
c. Zip Code
e. Opt-in consent statement
Responsibilities:
Comm LAB shall:
a. Add an email collector to the ROC website where stakeholders can register to receive
ROC newsletters and updates. Maintain and update the newsletter database accordingly.
b. Create a newsletter design with routine topics to be included
c. Present draft newsletter to the Santa Ana PD project manager for approval.
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Santa Ana shall:
a. Provide any relevant databases in its possession to be added to the newly established
database.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of September 2021.
TASK 2-B: NEWSLETTER DISTRIBUTION
Objective: Establish ROC newsletter as a trusted resource for stakeholders to receive emergency
preparedness information and relevant updates.
Task Description: Develop newsletter template, elements and set distribution frequency. This
includes all aspects related to the curation of a newsletter including but not limited to writing
copy and generating graphics.
Responsibilities:
Comm LAB shall:
a. Develop the newsletter format and distribution schedule and seek approval of Santa Ana
Project Manager.
b. Execute newsletter distribution in accordance with the approved plan.
Santa Ana shall:
a. Approve newsletter plan and approve subsequent newsletters before public distribution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of February 2022.
TASK 3: READY OC WEBSITE REFRESH
Objective: Refresh Ready OC Website to improve user experience, navigability and to meet the
needs of the new digital strategy.
Task Description:
Evaluate, propose modifications and update Ready OC Website. This includes but is not limited
to: finding technical problems, removing outdated links, adding content and installing an email
collector for the new newsletter distribution strategy. This includes an SEO evaluation to ensure
the website is search engine friendly.
Responsibilities:
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Comm LAB shall:
a. Review Ready OC Website and identify any immediate modifications and updates
needed.
b. Seek approval from Santa Ana Project Manager to make modifications.
Santa Ana shall:
a. Approve website refresh recommendations.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 3-A: READY OC WEBSITE AUDIT & TIMELINE FOR TRANSITION
Objective: Assess areas to improve, growth and increase credibility of the Ready OC website.
Task Description:
a. Conduct an exhaustive content and technical audit of the Ready OC Website. Assess page
structures, navigability, accessibility and analytics. Create a timeline to transition the
website from .org to a .gov address.
Responsibilities:
Comm LAB shall:
a. Evaluate website components, website traffic and insights for growth opportunities.
b. Create a timeline to transition the ROC website efficiently and effectively.
Santa Ana shall:
a. Review audit and approve timeline for transition.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of August 2021.
TASK 3-B: READY OC WEBSITE SITE MAP & FRAMES
Objective: Based on team input and long-term strategy, staff will create an outline of the new
-
Task Description:
The site-map and wireframes will showcase how all of the ROC content, imagery, resources etc.
will be organized on the new website. This draft will provide an opportunity to highlight the
a. Provide a site-map of the new ROC navigation including all sub-pages
b. Provide wireframes or lay-
26
Responsibilities:
Comm LAB shall:
a. Provide site-map and layout options for the approval of the Santa Ana Project
Manager
b. Implement any requested edits/changes to the site-map and wireframes
Santa Ana shall:
a. Review and audit draft site-map and wireframes
b. Provide any feedback,edits to staff
c. Rely final approval of site-map and wireframes
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of October 2021.
TASK 3-C: READY OC WEBSITE CONTENT DEVELOPMENT
Objective: Develop a comprehensive document merging the existing ROC website copy with
additions required for the new website. This document will serve as a guide for website
developers as they finalize the new ROC website.
Task Description:
The website content will include all the existing information in addition to information regarding
the following:
a. Micro-campaigns: staff will include copy for the upcoming micro-campaigns to avoid
any last minute changes that may be necessary on the website.
b. Database: the new website will encourage residents to sign up for the ROC newsletter
c. Local partners: Call-outs to ROC most significant partners.
Responsibilities:
Comm LAB shall:
a. Provide draft copy for the review of the Santa Ana Project Manager and team.
b. Update the document with any changes requested by the Santa Ana Project Manager
c. Provide a final copy of the website content
Santa Ana shall:
a. Review and edit the draft website copy
b. Provide edits and final approval
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of December 2021.
27
TASK3-D: READY OC WEBSITE DESIGN & DEVELOPMENT
Objective: Create a contemporary design in support of the new website content that is reflective
contemporary model with an easy-to-navigate interface for users.
Task Description:
Develop a modern site with useful, yet aesthetically pleasing elements that will create a positive
experience for users accessing the website for information regarding ROC. This
Responsibilities:
Comm LAB shall:
a. Develop a draft website that is reflective of approved copy, sitemap and wireframes
b. Implement updates from the Santa Ana project manager
c. Provide final website
Santa Ana shall:
a. Provide all edits to staff to implement
b. Approve final website before transitioning live
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of February 2022.
TASK 4: SOCIAL MEDIA OUTREACH
Objective: Develop consistent social media content based on messaging strategies for Ready OC
objectives and micro-
engagements and website traffic.
Task Description: Develop contemporary and engaging social media content in various formats
including graphics, memes, surveys, video, gifs, etc. This content will be used for both the ROC
social media timeline calendar, as well as social media advertising.
Responsibilities:
Comm LAB shall:
a. Develop a 6-week social media calendar with draft respective imagery for Santa Ana
Project Manager approval
b. The calendar will include: social media platforms, date of publication, copy for social
media post, graphic, links, hashtags
c. Schedule 6-week social media calendar meetings to review social media calendar
when needed
d. Implement any updates and/or edits to the social media calendar
e. Post time-sensitive content at the direction of the Santa Ana Project Manager
f. Provide 6-week social media KPI reports on post engagement, traffic and trends.
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Santa Ana shall:
a. Provide feedback and input for social media calendar
b. Attend 6-week social media calendar meetings when needed
c. Provide any time-sensitive social media messaging to staff when appropriate
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 4-A: READY OC SOCIAL MEDIA CONTENT
DEVELOPMENT/MANAGEMENT (AUGUST-DECEMBER 2021)
Objective: Develop consistent social media content based on messaging strategies for Ready OC
objectives and micro-campaigns. The content will be focused on increasing
engagements and website traffic.
Task Description: Develop contemporary and engaging social media content in various formats
including graphics, memes, surveys, video, gifs, etc. This content will be used for both the ROC
social media timeline calendar, as well as social media advertising.
a. Develop Social Media Calendar
b. Post time-sensitive information on social media channels
c. Keep Social Media Channels Updated
Responsibilities:
Comm LAB shall:
a. Develop a 6-week social media calendar with draft respective imagery for Santa Ana
Project Manager approval
b. The calendar will include: social media platforms, date of publication, copy for social
media post, graphic, links, hashtags
c. Schedule 6-week social media calendar meetings to review social media calendar
when needed
d. Implement any updates and/or edits to the social media calendar
e. Post time-sensitive content at the direction of the Santa Ana Project Manager
f. Provide 6-week social media KPI reports on post engagement, traffic and trends.
Santa Ana shall:
a. Provide feedback and input for social media calendar
b. Attend 6-week social media calendar meetings when needed
c. Provide any time-sensitive social media messaging to staff when appropriate
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of December 2021.
29
TASK 4-B: READY OC SOCIAL MEDIA CONTENT
DEVELOPMENT/MANAGEMENT (JAN-MARCH 2022)
Objective: Develop consistent social media content based on messaging strategies for Ready OC
objectives and micro-
engagements and website traffic.
Task Description:Develop contemporary and engaging social media content in various formats
including graphics, memes, surveys, video, gifs, etc. This content will be used for both the ROC
social media timeline calendar, as well as social media advertising.
a. Develop Social Media Calendar
b. Post time-sensitive information on social media channels
c. Keep Social Media Channels Updated
Responsibilities:
Comm LAB shall:
a. Develop a 6-week social media calendar with draft respective imagery for Santa Ana
Project Manager approval
b. The calendar will include: social media platforms, date of publication, copy for social
media post, graphic, links, hashtags
c. Schedule 6-week social media calendar meetings to review social media calendar
when needed
d. Implement any updates and/or edits to the social media calendar
e. Post time-sensitive content at the direction of the Santa Ana Project Manager
f. Provide 6-week social media KPI reports on post engagement, traffic and trends.
Santa Ana shall:
a. Provide feedback and input for social media calendar.
b. Attend 6-week social media calendar meetings when needed
c. Provide any time-sensitive social media messaging to staff when appropriate
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of March 2022.
TASK 4-C: READY OC SOCIAL MEDIA CONTENT
DEVELOPMENT/MANAGEMENT (APRIL-JUNE 2022)
Objective: Develop consistent social media content based on messaging strategies for Ready
OC objectives and micro-
engagements and website traffic.
Task Description: Develop contemporary and engaging social media content in various formats
including graphics, memes, surveys, video, gifs, etc. This content will be used for both the ROC
social media timeline calendar, as well as social media advertising.
30
a. Develop Social Media Calendar
b. Post time-sensitive information on social media channels
c. Keep Social Media Channels Updated
Responsibilities:
Comm LAB shall:
a. Develop a 6-week social media calendar with draft respective imagery for Santa Ana
Project Manager approval
b. The calendar will include: social media platforms, date of publication, copy for social
media post, graphic, links, hashtags
c. Schedule 6-week social media calendar meetings to review social media calendar when
needed
d. Implement any updates and/or edits to the social media calendar
e. Post time-sensitive content at the direction of the Santa Ana Project Manager
f. Provide 6-week social media KPI reports on post engagement, traffic and trends.
Santa Ana shall:
a. Provide feedback and input for social media calendar
b. Attend 6-week social media calendar meetings when needed
c. Provide any time-sensitive social media messaging to staff when appropriate
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of June 2022.
TASK 5: READY OC SOCIAL MEDIA & SEARCH ADVERTISING
Objective: Develop a comprehensive digital advertising strategy within the project budget to
-campaigns when relevant. The advertising
campaign will be primarily digital with concentration on social media channels and Google
search.
Task Description:
channels, messaging, micro-campaigns, and objectives.
a. Boost social media timeline content
b. Develop social media advertisements
c. Develop advertisements for Google (display, search, and YouTube)
Responsibilities:
Comm LAB shall:
a. Create a digital advertising budget with funds allocated to search and social media
advertising.
b. Itemize digital media advertising funding to micro-campaign messaging
c. Deliver budget to Santa Ana Project manager for approval
d. Execute routine advertising programming and monitor results
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e. Provide KPI reports at the end of each task monitoring success and opportunities
Santa Ana shall:
a. Provide feedback and approval on digital advertising budget on search and social
b. Review KPI report at the end of each subsequent digital marketing task order.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 5-A: READY OC SOCIAL MEDIA & SEARCH ADVERTISING (AUGUST-
DECEMBER 2021)
Objective: Develop a comprehensive digital advertising strategy within the project budget to
and micro-campaigns when relevant. The advertising
campaign will be primarily digital with concentration on social media channels and Google
search.
Task Description: media
channels, messaging, micro-campaigns, and objectives.
a. Boost social media timeline content
b. Develop social media advertisements
c. Develop advertisements for Google (display, search, and YouTube)
Responsibilities:
Comm LAB shall:
a. Create a digital advertising budget with funds allocated to search and social media
advertising.
b. Itemize digital media advertising funding to micro-campaign messaging
c. Deliver budget to Santa Ana Project manager for approval
d. Execute routine advertising programming and monitor results
e. Provide KPI reports at the end of each task monitoring success and opportunities
Santa Ana shall:
a. Provide feedback and approval on digital advertising budget on search and social
b. Review KPI report at the end of each subsequent digital marketing task order.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of December 2021.
TASK 5-B: READY OC SOCIAL MEDIA & SEARCH ADVERTISING (JAN-MARCH
2022)
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Objective: Develop a comprehensive digital advertising strategy within the project budget to
-campaigns when relevant. The advertising
campaign will be primarily digital with concentration on social media channels and Google
search.
Task Description:
channels, messaging, micro-campaigns, and objectives.
a. Boost social media timeline content
b. Develop social media advertisements
c. Develop advertisements for Google (display, search, and YouTube)
Responsibilities:
Comm LAB shall:
a. Create a digital advertising budget with funds allocated to search and social media
advertising.
b. Itemize digital media advertising funding to micro-campaign messaging
c. Deliver budget to Santa Ana Project manager for approval
d. Execute routine advertising programming and monitor results
e. Provide KPI reports at the end of each task monitoring success and opportunities
Santa Ana shall:
a. Provide feedback and approval on digital advertising budget on search and social
b. Review KPI report at the end of each subsequent digital marketing task order.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of March 2022.
TASK 5-C: READY OC SOCIAL MEDIA & SEARCH ADVERTISING (APRIL-JUNE
2022)
Objective: Develop a comprehensive digital advertising strategy within the project budget to
-campaigns when relevant. The advertising
campaign will be primarily digital with concentration on social media channels and Google
search.
Task Description:
channels, messaging, micro-campaigns, and objectives.
a. Boost social media timeline content
b. Develop social media advertisements
c. Develop advertisements for Google (display, search, and YouTube)
Responsibilities:
Comm LAB shall:
33
a. Create a digital advertising budget with funds allocated to search and social media
advertising.
b. Itemize digital media advertising funding to micro-campaign messaging
c. Deliver budget to Santa Ana Project manager for approval
d. Execute routine advertising programming and monitor results
e. Provide KPI reports at the end of each task monitoring success and opportunities
Santa Ana shall:
a. Provide feedback and approval on digital advertising budget on search and social
b. Review KPI report at the end of each subsequent digital marketing task order.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of June 2022.
TASK 6: MICRO CAMPAIGN: EARTHQUAKE FOR COLLEGE STUDENTS
Objective: Develop a comprehensive plan to promote ROC and increase awareness of
earthquake preparedness tactics and tools among college students, especially important for
-of-state student population.
Task Description: ke
preparedness micro-camp, specifically its earthquake resources during the micro campaign
period. The plan will include outreach channels, partnerships, procedures,proposed activities,
communications and schedule.
Responsibilities:
Comm LAB shall:
a. Develop the micro campaign plan, identify partners, outreach channels, activities,
promotional materials, schedule and budget.
b. Present micro campaign plan timeline for the approval of Santa Ana Project Manager
c. Begin to execute micro-campaign tasks in accordance with the approved plan.
Santa Ana shall:
a. Approve micro campaign plan for execution and provide input.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 6-A: MICRO CAMPAIGN: EARTHQUAKE FOR COLLEGE STUDENTS:
DEVELOP MESSAGING & OUTREACH STRATEGY
34
Objective: Develop an effective messaging and outreach strategy to deliver key messages to
Orange
promote earthquake safety.
Task Description: Research, identify and craft messaging and outreach strategy to raise
awareness of earthquake preparedness. This task includes:
a. Mapping out effective messaging and calls to action
b. Identifying outreach channels with high-traffic in the selected demographic.
c. Setting messaging frequency
d. Identifying partnerships
Responsibilities:
Comm LAB shall:
a. Create a strategy to appeal to the selected demographic.
b. Provide messagings options and taglines for marketing/advertising
c. Present strategy to and seek approval approval of Santa Ana Project Manager
d. Begin to execute strategy in accordance with the approved plan.
Santa Ana shall:
a. Approve messaging and outreach strategy for execution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of September 2021.
TASK 6-B: MICRO CAMPAIGN: EARTHQUAKE FOR COLLEGE STUDENTS:
DEVELOP CAMPAIGN TIMELINE
Objective: Establish a campaign timeline that delivers high impact and reach among targeted
demographic (college students).
Task Description: Create, establish and implement a timeline to promote ROC, specifically its
earthquake resources during the micro campaign period. This task includes:
a. Developing a draft calendar with respective outreach activities for Santa Ana Project
Manager approval
b. Reviewing college campus events calendars
c. Identifying any competing campaigns distributed during the selected timeline
Responsibilities:
Comm LAB shall:
a. Create a timeline.
b. Present timeline to and seek approval approval of Santa Ana Project Manager
c. Execute activities in accordance with the approved timeline.
35
Santa Ana shall:
a. Approve timeline for execution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of October 2021.
TASK 6-C: MICRO CAMPAIGN: EARTHQUAKE FOR COLLEGE STUDENTS:
IDENTIFY POTENTIAL PARTNERS
Objective: Execute an audit of existing ROC partners to then identify a new list of potential
patterns who can assist in the outreach, advertising and communications of our promoting
earthquake preparedness on college campuses.
Task Description: Identify a list of existing and new partners to increase earthquake
preparedness amongst student bodies on college campuses throughout Orange County.
Responsibilities:
Comm LAB shall:
a. Develop a list of existing and potential partners for the approval of the Santa Ana Project
Manager
b. Begin reaching out to existing partners to schedule strategy discussions and outreach
events
Santa Ana shall:
a. Provide approval on the list of potential partners.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of November 2021.
TASK 7: MICRO CAMPAIGN: EVACUATION TEXT ALERTS
Objective: Develop a communications and outreach strategy for evacuation areas during fire
season. This campaign will be in partnership with AlertOC or another local organization.
Task Description: Create a text alert communications and outreach campaign for Orange
County residents who are in fire zones during fire season.
Responsibilities:
Comm LAB shall:
36
a. Develop an outreach and communications plan
b. Provide outline to Santa Ana Project Manager for approval
Santa Ana shall:
a. Provide final approval of micro-campaign overview
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 7-A: MICRO CAMPAIGN: EVACUATION TEXT ALERTS: DEVELOP
MESSAGING & OUTREACH STRATEGY
Objective: Develop an effective messaging and outreach strategy to educate residents living in
fire hazard severity zones on the importance of enrolling in the evacuation text alert
system.
Task Description: Research, identify and craft messaging and outreach strategy to drive up
enrollment in evacuation text alerts. This task includes:
a. Mapping out effective messaging and calls to action
b. Identifying outreach channels with high-traffic in the selected demographic and
geographic areas.
c. Setting messaging frequency
d. Identifying partnerships
Responsibilities:
Comm LAB shall:
a. Create a strategy to appeal to the selected demographics and geographic targeted areas.
b. Present strategy to and seek the approval of the Santa Ana Project Manager
c. Begin to execute strategy in accordance with the approved plan.
d. Provide messagings options and taglines for marketing/advertising
Santa Ana shall:
a. Provide feedback and input on messaging and outreach strategies.
b. Approve messaging and outreach strategy for execution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of September 2021.
TASK 7-B: MICRO CAMPAIGN: EVACUATION TEXT ALERTS: DEVELOP
CAMPAIGN TIMELINE
Objective:Establish a campaign timeline that delivers high impact and reach among targeted
demographic (residents living in fire hazard severity zones ).
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Task Description: Create, establish and implement a timeline to promote ROC, specifically the
evacuation text alert system during the micro campaign period. This task includes:
a.
which is typically around the month October
b. Developing a draft calendar with outreach activities for Santa Ana Project Manager
approval.
Responsibilities:
Comm LAB shall:
a. Create a timeline.
b. Present timeline to and seek approval approval of Santa Ana Project Manager
c. Execute activities in accordance with the approved timeline.
Santa Ana shall:
a. Approve timeline for execution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of October 2021.
TASK 7-C: MICRO CAMPAIGN: EVACUATION TEXT ALERTS: IDENTIFY
POTENTIAL PARTNERS
Objective: Execute an audit of existing ROC partners to then identify a new list of potential
patterns who can assist in the outreach, advertising and communications in our effort to inform
residents living in fire hazard severity zones to enroll in our evacuation alerts system.
Task Description: Identify a list of existing and new partners to increase awareness of the
evacuation text alert system amongst Orange County residents living in fire hazard severity
zones.
Responsibilities:
Comm LAB shall:
a. Develop a list of existing and potential partners for the approval of the Santa Ana Project
Manager
b. Begin reaching out to existing partners to schedule strategy discussions and outreach
events
Santa Ana shall:
a. Provide approval on the list of potential partners.
Completion Criteria:
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This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of November 2021.
TASK 8: MICRO CAMPAIGN: EMERGENCY KITS
Objective: Plan, develop and outline micro-campaign concept for residents to easily assemble a
five-gallon ROC emergency preparedness bucket at various locations throughout the county.
These potential partners and community stakeholders could range from Lowes, Home Depot, etc.
Task Description:
See sub-tasks for specifics.
Responsibilities:
See sub-tasks for specifics.
Completion Criteria:
This task is considered complete when all budgeted sub-tasks have been completed in their
respective entirety.
TASK 8-A: MICRO CAMPAIGN: EMERGENCY KITS: DEVELOP MESSAGINGS &
OUTREACH STRATEGY
Objective: Plan and develop a messaging and outreach strategy to increase the numbers of
residents who are assembling a five-gallon ROC emergency preparedness bucket at various
locations throughout the county.
Task Description: Develop an outreach and messaging strategy to increase awareness amongst
residents to assemble a five-gallon ROC emergency bucket.
Responsibilities:
Comm LAB shall:
a.
increase public awareness for preparedness.
b. Provide messagings options and taglines for marketing/advertising
Santa Ana shall:
c. Provide approval of messaging and outreach strategy
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be the end of September 2021.
39
TASK 8-B: MICRO CAMPAIGN: EMERGENCY KITS: DEVELOP CAMPAIGN
TIMELINE
Objective: Establish a campaign timeline that delivers in order to increase the number of
residents who assemble the five-gallon ROC emergency preparedness buckets/kits in their
homes/businesses.
Task Description: Create, establish and implement a timeline to promote ROC, specifically the
importance of curating a 5-gallon ROC emergency bucket/kit. This task includes:
a. Developing a draft calendar with respective outreach activities for Santa Ana Project
Manager approval
b. Accounting for any competing/concurrent campaigns that potential partners/community
organizations may be engaged in.
Responsibilities:
Comm LAB shall:
a. Create a timeline.
b. Present timeline to and seek approval approval of Santa Ana Project Manager
c. Execute activities in accordance with the approved timeline.
Santa Ana shall:
a. Approve timeline for execution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of October 2021.
TASK 8-C: MICRO CAMPAIGN: EMERGENCY KITS: IDENTIFY POTENTIAL
PARTNERS
Objective: Execute an audit of existing ROC partners to then identify a new list of potential
patterns who can assist in the outreach, advertising and communications of our effort to
encourage residents to curate a five-gallon emergency bucket.
Task Description: Identify a list of existing and new partners to increase awareness on the
importance of assembling a 5-gallon emergency bucket.
Responsibilities:
Comm LAB shall:
a. Develop a list of existing and potential partners for the approval of the Santa Ana Project
Manager
b. Begin reaching out to existing partners to schedule strategy discussions and outreach
events.
40
Santa Ana shall:
a. Provide approval on the list of potential partners.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of November 2021.
TASK 9: EARNED MEDIA OUTREACH
Objective: Develop and implement media promotions and concentrated publicity outreach to
local print, online, broadcast and/or theater/cinema outlets to promote ROC programming
elements, initiatives and calendar of activities.
Task Description:
Develop and implement media promotions including, but not limited to, management and
enhancement of the ROC smartphone app, advertising and/or online promotions, video PSA
creation and media outreach to local outlets to direct OC residents to commit to preparedness
steps. Task includes ongoing measurement and tracking of promotional elements.
Activities will include:
a. Publicity/Media Outreach conduct outreach to targeted local media to achieve a
minimum of two earned or sponsored placements during the contract period.
b. Video PSA leverage existing :30-second video PSA and focus on efforts to expand
exposure of ROC via additional placements within the OC community via the ROC
website, YouTube channel, city websites, local public access stations, selected regional
theatre venues, etc.
Responsibilities:
Comm LAB shall:
a. Plan, develop and produce the video with approval from the Santa Ana Project Manager
b. Execute distribution in accordance with approved plans
Santa Ana shall:
a. Approve initiative concepts, production and distribution plan.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 9-A: EARNED MEDIA OUTREACH: IDENTIFY & EXECUTE EARNED MEDIA
OPPORTUNITIES (FALL 2021)
41
Objective: Develop and implement media promotions and concentrated publicity outreach to
local print, online, broadcast and/or theater/cinema outlets to promote ROC programming
elements, initiatives and the calendar of activities.
Task Description:
Develop and implement media promotions including, but not limited to, management and
enhancement of the ROC app, advertising and/or online promotions, video PSA creation and
media outreach to local outlets to direct OC residents to commit to preparedness steps. Task
includes ongoing measurement and tracking of promotional elements.
Responsibilities:
Comm LAB shall:
a. Plan, develop and produce the video with approval from the Santa Ana Project Manager
in alignment with the ROC Steering Committee
b. Execute distribution in accordance with approved plans
Santa Ana shall:
c. Approve initiative concepts, production and distribution plan
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of October 2021.
TASK 9-B: EARNED MEDIA OUTREACH: IDENTIFY & EXECUTE EARNED MEDIA
OPPORTUNITIES (WINTER 2021/SPRING 2022)
Objective: Develop and implement media promotions and concentrated publicity outreach to
local print, online, broadcast and/or theater/cinema outlets to promote ROC programming
elements, initiatives and the calendar of activities.
Task Description:
Develop and implement media promotions including, but not limited to, management and
enhancement of the ROC smartphone app, advertising and/or online promotions, video PSA
creation and media outreach to local outlets to direct OC residents to commit to preparedness
steps. Task includes ongoing measurement and tracking of promotional elements.
Responsibilities:
Comm LAB shall:
a. Plan, develop and produce the video with approval from the Santa Ana Project Manager
in alignment
b. Execute distribution in accordance with approved plans
Santa Ana shall:
c. Approve initiative concepts, production and distribution plan
42
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task
description above and when the Santa Ana Project Manager signs the task completion letter.
Planned completion and invoicing will be at the end of June 2022.
TASK 10: COMMUNITY & CITIZENS OUTREACH
Objective:
community, emergency preparedness, faith-based and other designated events and/or location to
increase ROC preparedness messaging.
Task Description:
See sub-tasks for specifics.
Responsibilities:
See sub-tasks for specifics.
Completion Criteria:
This task is considered complete when all budgeted sub-tasks have been completed in their
respective entirety.
TASK 10-A: COMMUNITY & CITIZENS OUTREACH (FALL 2021)
Objective:
emergency preparedness, faith-based and other designated events and/or location to increase
ROC preparedness messaging.
Task Description:
Calendar, staff and manage outreach briefings, virtual events, etc. to targeted community
organizations/groups.
Activities include:
a. Outreach List and Calendar - create and manage a master annual calendar for any local
organization/group to provide information, tools, resources, etc. for emergency
preparedness.
Responsibilities:
Comm LAB shall:
a. Develop the outreach and seek plan approval from the Santa Ana Project Manager.
b. Execute the outreach in accordance with the approved plan
Santa Ana shall:
a. Approve plan and promotional elements
43
Completion Criteria:
This task is considered complete upon the completion of the calendared event outreach and when
the Santa Ana Project Manager signs the task completion letter. Completion is planned
November 2021.
TASK 10: COMMUNITY & CITIZENS OUTREACH (WINTER/SPRING 2022)
Objective: Develop and implement ongoing community and
community, emergency preparedness, faith-based and other designated events and/or
presentation venues, seeking to reach and engage with hundreds of thousands of citizens and
community members.
Task Description: Calendar, staff and manage outreach briefings, virtual events, etc. to targeted
community organizations/groups.
Activities include:
a. Outreach List and Calendar - create and manage a master annual calendar for any local
organization/group to provide information, tools, resources, etc. for emergency
preparedness.
Responsibilities:
Comm LAB shall:
a. Develop the outreach and seek plan approval from the Santa Ana Project Manager in
alignment with the ROC Steering Committee
b. Execute the outreach in accordance with the approved plan
Santa Ana shall:
a. Approve plan and promotional elements
Completion Criteria:
This task is considered complete upon the completion of the calendared event outreach and when
the Santa Ana Project Manager signs the task completion letter. Completion is planned by April
2022.
TASK 11: STAKEHOLDER MEETINGS & PROMOTIONS
Objective:
Manage campaign updates and activities including, but not limited to meetings, monthly activity
reporting, programming documentation, regular communications and presentations to Santa Ana
Project Manager and corresponding agency partners during this task order.
Task Description:
Provide campaign and promotion updates to the Santa Ana Project Manager through regularly
scheduled phone calls and/or emails and meetings (as needed or requested). Manage the ongoing
reporting and measurement of campaign data and maintain weekly and monthly communication
44
with the Santa Ana Project Manager including at least one formal meeting/conference call during
the quarter, unless otherwise directed and approved by the Santa Ana Project Manager.
Responsibilities:
Comm LAB shall:
a. Coordinate, manage and participate in at least one team meting
b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana
Project Manager
c. Manage the weekly and monthly reporting of campaign measurement
d. Manage ongoing budget and campaign schedule
e. Submit task completion letters with task invoices to the Santa Ana Project Manager
Santa Ana shall:
a. Approve campaign progress, updates and promotions
b. Support and facilitate partnering and sponsorship efforts with Steering Committee
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 11-A: STAKEHOLDER MEETINGS & PROMOTIONS (SEP-JAN 2022)
Objective:
Manage campaign updates and activities including, but not limited to meetings, monthly activity
reporting, programming documentation, regular communications and presentations to Santa Ana
Project Manager and corresponding agency partners during this task order.
Task Description:
Provide campaign and promotion updates to the Santa Ana Project Manager through regularly
scheduled phone calls and/or emails and meetings (as needed or requested). Manage the ongoing
reporting and measurement of campaign data and maintain weekly and monthly communication
with the Santa Ana Project Manager including at least one formal meeting/conference call during
the quarter, unless otherwise directed and approved by the Santa Ana Project Manager.
Responsibilities:
Comm LAB shall:
a. Coordinate, manage and participate in at least one Steering Committee meeting
b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana
Project Manager
c. Manage the weekly and monthly reporting of campaign measurement
d. Manage ongoing budget and campaign schedule
e. Submit task completion letters with task invoices to the Santa Ana Project Manager
Santa Ana shall:
a. Approve campaign progress, updates and promotions
b. Support and facilitate partnering and sponsorship efforts with Steering Committee
45
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for the task. Planned completion and
implementation is by the end of January 2022.
TASK 11-B: STAKEHOLDER MEETINGS & PROMOTIONS (FEB-JUNE 2022)
Objective:
Manage campaign updates and activities including, but not limited to meetings, monthly activity
reporting, programming documentation, regular communications and presentations to Santa Ana
Project Manager and corresponding agency partners during this task order.
Task Description:
Provide campaign and promotion updates to the Santa Ana Project Manager through regularly
scheduled phone calls and/or emails and meetings (as needed or requested). Manage the ongoing
reporting and measurement of campaign data and maintain weekly and monthly communication
with the Santa Ana Project Manager including at least one formal meeting/conference call during
the quarter, unless otherwise directed and approved by the Santa Ana Project Manager.
Responsibilities:
Comm LAB shall:
a. Coordinate, manage and participate in at least one Steering Committee meeting
b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana
Project Manager
c. Manage the weekly and monthly reporting of campaign measurement
d. Manage ongoing budget and campaign schedule
e. Submit task completion letters with task invoices to the Santa Ana Project Manager
Santa Ana shall:
a. Approve campaign progress, updates and promotions
b. Support and facilitate partnering and sponsorship efforts with Steering Committee
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for the task. Planned completion and
implementation is by the end of May 2022.
TASK 12: CORPORATE ADVISORY COUNCIL PARTNERING
Objective:
Continue managing the current CAC group with emphasis on enhancing participation benefits,
retaining current active members, and expanding successes in leveraging CAC resources,
connections and contributions to the overall ROC initiative during the year.
46
Task Description:
Continue momentum to expand the success of the council to help provide opportunities,
extensions, and ongoing support for ROC. Activities include:
a. CAC Designated Ambassador continue to leverage and refine the designated CAC
ambassadors to facilitate and deepen relationship efforts.
b. One-on-One Outreach Tour continue successful strategy to outreach to CAC members
in a high-touch, one-to-one manner to generate customized opportunities for promotional
investment and support of the ROC campaign.
Responsibilities:
Comm LAB shall:
a. Develop and implement the program with approval from the Santa Ana Project Manager
in alignment with the ROC Steering Committee
Santa Ana shall:
a. Approve the program and promotional efforts
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the
Santa Ana Project Manager signs the completion letter for each subtask noted below.
TASK 12-A: CORPORATE ADVISORY COUNCIL PARTNERING (FALL 2021)
Objective:
Continue managing the current CAC group with emphasis on enhancing participation benefits
and expanding successes in leveraging CAC resources, connections and contributions to the
overall ROC initiative during the year.
Task Description:
Continue momentum to expand the success of the council to help provide opportunities,
extensions, and ongoing support for ROC. Activities include:
a. CAC Designated Ambassador continue to leverage and refine the designated CAC
ambassadors to facilitate and deepen relationship efforts.
b. One-on-One Outreach Tour continue successful strategy to outreach to CAC members
to generate customized opportunities for promotional investment and support of the ROC
campaigns.
Responsibilities:
Comm LAB shall:
a. Develop and implement the program with approval from the Santa Ana Project Manager
in alignment with the ROC Steering Committee
Santa Ana shall:
a. Approve the program and promotional efforts
Completion Criteria:
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This task will be implemented throughout the performance period and when the Santa Ana
Project Manager signs the task completion letter. Completion is planned to occur by November
2021.
TASK 12-B: CORPORATE ADVISORY COUNCIL PARTNERING (WINTER/SPRING
2021)
Objective:
Continue managing the current CAC group with emphasis on enhancing participation benefits
and expanding successes in leveraging CAC resources, connections and contributions to the
overall ROC initiative during the year.
Task Description:
Continue momentum to expand the success of the council to help provide opportunities,
extensions, and ongoing support for ROC. Activities include:
a. CAC Designated Ambassador continue to leverage and refine the designated CAC
ambassadors to facilitate and deepen relationship efforts.
b. One-on-One Outreach Tour continue successful strategy to outreach to CAC members
to generate customized opportunities for promotional investment and support of the ROC
campaign.
Responsibilities:
Comm LAB shall:
a. Develop and implement the program with approval from the Santa Ana Project Manager
in alignment with the ROC Steering Committee
Santa Ana shall:
a. Approve the program and promotional efforts
Completion Criteria:
This task will be implemented throughout the performance period and when the Santa Ana
Project Manager signs the task completion letter. Completion is planned to occur by May 2022.
TASK 13: WEBSITE & MOBILE MAINTENANCE
Objective:
Update, manage, host and maintain the ReadyOC.org website and provide recommendations for
updates to improve the user experience and functionality.
Task Description:
See sub-tasks for specifics.
Responsibilities:
See sub-tasks for specifics.
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Completion Criteria:
This task is considered complete when all budgeted sub-tasks have been completed in their
respective entirety.
TASK 13-A: WEBSITE & MOBILE MAINTENANCE (FALL 2021)
Objective:
Update, manage, host and maintain the ReadyOC.org website and provide recommendations for
updates to improve the user experience and functionality.
Task Description:
Provide routine updates of the ROC website including content, imagery and navigation.
Responsibilities:
Comm LAB shall:
a. Update the ROC website with any additions/changes provided by the Santa Ana Project
Manager
b. Ensure all hosting, server, maintenance, and updates are maintained.
Santa Ana shall:
a. Provide any edits and/or additions for the ROC website
b. Approve any update and/or additions to the ROC website.
Completion Criteria:
This task will be implemented throughout the performance period and when the Santa Ana
Project Manager signs the task completion letter. Completion is planned to occur by January
2022.
TASK 13-B: WEBSITE & MOBILE MAINTENANCE (WINTER/SPRING 2022)
Objective:
Update, manage, host and maintain the ReadyOC.org website and provide recommendations for
updates to improve the user experience and functionality.
Task Description:
Provide routine updates of the ROC website including content, imagery and navigation.
Responsibilities:
Comm LAB shall:
a. Update the ROC website with any additions/changes provided by the Santa Ana Project
Manager
b. Ensure all hosting, server, maintenance, and updates are maintained.
49
Santa Ana shall:
a. Provide any edits and/or additions for the ROC website
b. Approve any update and/or additions to the ROC website.
Completion Criteria:
This task will be implemented throughout the performance period and when the Santa Ana
Project Manager signs the task completion letter. Completion is planned to occur by May 2022.
TASK 14: COLLATERAL MATERIALS
Objective: Develop, produce and update ROC collateral materials for use in all programming
and communications as appropriate.
Task Description:
Handle design, writing, production and distribution of all materials supporting ROC initiatives.
Responsibilities:
Comm LAB shall:
a. Develop all materials and seek approval from the Santa Ana Project Manager
b.
Santa Ana shall:
a. Approve materials and provide feedback
Completion Criteria:
This task is considered complete upon the order or delivery of the promotional materials, given
requirements in some instances for upfront payment, and when the Santa Ana Project Manager
signs the task completion letter. Completion is planned to occur by March 2022.
TASK 15: PROMOTIONAL MATERIALS
Objective: Develop, produce and update ROC promotional materials for use in all programming
as appropriate.
Task Description: Handle design, writing, production and distribution of all materials
supporting ROC.
Responsibilities:
Comm LAB shall:
a. Develop all materials and seek approval from the Santa Ana Project Manager in
alignment with the ROC Steering Committee
b. Produce materials in accordance with Steering Committee approvals
Santa Ana shall:
50
a. Approve materials
Completion Criteria:
This task is considered complete upon the order or delivery of the promotional materials, given
requirements in some instances for upfront payment, and when the Santa Ana Project Manager
signs the task completion letter. Completion is planned to occur by January 2022.
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FY21 Milestone Payment Schedule
Milestone Task Name Milestone Planned
Payment Completion
Date
TASK 1 READYOC 2021/22 MARKETING ROADMAP
- Brand & Digital Marketing Audit
Task 1-A $1,000.00 August 2021
TASK 2 DIGITAL COMMUNICATIONS
Task 2-A - Newsletter Database Collection Strategy $1,000.00 Sep 2021
Task 2-B - Newsletter Distribution $1,000.00 Feb 2022
TASK 3 Ready OC WEBSITE RE-FRESH
- Ready OC Website Audit & Timeline for
Task 3-A $1,000.00 August 2021
Transition
Task 3-B - Ready OC Website Site Map & Frames $2,000.00 Oct 2021
Task 3-C - Ready OC Website Content Development $2,000.00 Dec 2021
- Ready OC Website Design & Development
Task 3-D $4,000.00 Feb 2022
TASK 4 SOCIAL MEDIA OUTREACH
- ReadyOC Social Media Content Development
Task 4-A $6,500.00 Dec 2021
& Management (August-December 2021)
- ReadyOC Social Media Content Development
Task 4-B $5,500.00 March 2022
& Management (Jan-March 2022)
- ReadyOC Social Media Content Development
Task 4-C $5,000.00 June 2022
& Management (Apr 2022-June 2022)
TASK 5 ADVERTISING
- ReadyOC Social Media/Search Advertising
Task 5-A $5,000.00 Dec 2021
(August-December 2021)
- ReadyOC Social Media/Search Advertising
Task 5-B $4,000.00 March 2022
(Jan 2021 -March 2022)
- ReadyOC Social Media/Search Advertising
Task 5-C $3,000.00 June 2022
(Apr 2022-June 2022)
MICRO CAMPAIGN: EARTHQUAKE FOR
TASK 6
COLLEGE STUDENTS
Task 6-A - Develop Messaging & Outreach Strategy $1,000.00 Sept 2021
October
Task 6-B - Develop Campaign Timeline $1,000.00
2021
November
Task 6-C - Identify Potential Partners $1,000.00
2021
MICRO CAMPAIGN: EVACUATION TEXT
TASK 7
ALERTS
Task 7-A - Develop Messaging & Outreach Strategy $1,000.00 Sept 2021
October
Task 7-B - Develop Campaign Timeline $1,000.00
2021
November
Task 7-C - Identify Potential Partners $1,000.00
2021
TASK 8 MICRO CAMPAIGN: EMERGENCY KITS
Task 8-A - Develop Messaging & Outreach Strategy $1,000.00 Sept 2021
October
Task 8-B - Develop Campaign Timeline $1,000.00
2021
52
November
Task 8-C - Identify Potential Partners $1,000.00
2021
TASK 9 EARNED MEDIA OUTREACH
- Identify & Execute Earned Media Opportunities
Task 9-A $7,000.00 Oct 2021
(Fall/Winter 2021)
- Identify & Execute Earned Media Opportunities
Task 9-B $7,000.00 June 2022
(Spring 2022)
TASK 10 COMMUNITY & CITIZENS OUTREACH
Task 10-A $2,000.00 Nov 2021
Community & Citizens Outreach (Fall 2021)
Community & Citizens Outreach
Task 10-B $2,000.00 April 2022
(Winter/Spring 2022)
TASK 11 STAKEHOLDER MEETINGS & PROMOTIONS
- ReadyOC Stakeholder Meetings & Promotions
Task 11-A $2,000.00 Jan 2022
(Sep 2021-Jan 2022)
- ReadyOC Stakeholder Meetings & Promotions
Task 11-B $2,000.00 May 2022
(Feb 2022 -June 2022)
CORPORATE ADVISORY COUNCIL &
TASK 12
PARTNERING
- Corporate Advisory Council & Partnering (Fall
Task 12-A $2,500.00 Nov 2021
2021)
- Corporate Advisory Council & Partnering
Task 12-B $2,500.00 May 2022
(Winter/Spring 2022)
TASK 13 WEBSITE & MOBILE MAINTENANCE
Website, Social Media & Mobile
Task 13-A $2,000.00 Jan 2022
Outreach/Maintenance (Fall 2021)
Website, Social Media & Mobile
Task 13-B $2,500.00 May 2022
Outreach/Maintenance (Winter/Spring 2022)
TASK 14 COLLATERAL MATERIALS $3,000.00 March 2022
$3,000.00 Jan 2022
TASK 15 PROMOTIONAL MATERIALS
$10,000.00
CONTINGENCY
TOTAL $97,500.00
53
EXHIBIT B
If You See Something, Say Something (S4) OC Initiative
FY21 S4 STATEMENT OF WORK
General Information:
The following Statement of Work (SOW) defines the principal activities and responsibilities of all
parties for public outreach services to support the See Something Say Something (S4) Emergency
Preparedness Campaign. This scope of work shall stand as an agreement between the City of Santa Ana
(here-in-after Santa Ana) and Communications LAB (here-in-after Comm LAB) for the contracted
period.
Comm LAB will supply the following services:
Marketing:
· Brand Management
· Collateral (kids books, brochures)
Digital Communications
· Website
Site content updating
Site optimization
Site maintenance
· Newsletter Database Development
· Social Media
c. Content Development
d. Graphic Design
· Text Message Strategy
Advertising:
· Social/Search ads
· Paid Advertising
Media:
· Broadcast news promotions
· Media/corporate promotions
· Publicity Service Announcements (PSA)
· Media Training
· Public Information Support (S4)
Outreach-Education-Partnerships:
· Local Stakeholder Outreach
· Elected Officials Outreach
· Partner Outreach
· Citizen and faith-based outreach
Project Management
54
· Project Administration Services
· Routine Meeting with S4 Strategy Team
· KPI Reports
No deviation of this SOW will be allowed without written consent from the Santa Ana Project Manager.
Nevertheless, Santa Ana recognizes that projects of this magnitude will likely encounter various
unforeseeable events that may cause tasks to overlap or change, and such change will be permissible
with the written approval of the Santa Ana Project Manager.
This SOW is contingent upon both Comm LAB and Santa Ana fulfilling their respective responsibilities
as defined in the Agreement and within this document.
Contents
The following are included with this SOW:
· Task Descriptions
· Project Change Order
· Project Schedule
· Milestone Payment Schedule
General Project Management Responsibilities
Project management occurs throughout the project and is involved in every task. The overall project
management activities are listed here for reference.
Comm LAB Responsibilities:
h.
i. Manage the efforts of the Comm LAB team and coordinate Comm LAB activities with the
Santa Ana Project Manager.
j. Conduct on-
when reasonably required at the discretion of Santa Ana to discuss project status.
k.
Project Manager.
l. Prepare and submit, no later than the fifth business day of each month, a status activity report
that includes: the accomplishments of the previous month, activities planned for the current
month and any update to the project schedule.
m. Prepare a
n.
Project Manager.
Santa Ana Responsibilities:
a. Maintain project communications with the Comm LAB Project Manager.
b. Manage the efforts of S4 involved staff and coordinate S4 activities with the Comm LAB
Project Manager.
c. The Project Manager must ensure that personnel have ample time, resources, and
expertise to carry out their respective tasks and responsibilities.
d. The Project Manager or his designee will participate in status meetings with the Comm
LAB Project Manager on a monthly basis or as may otherwise be reasonably required to
discuss project status.
e. Provide timely responses, within ten (10) business days, to issues raised by the Comm
LAB Project Manager.
55
f. Liaison with all Santa Ana-provided third-party vendors and associated systems.
g. Ensure acceptable Change Orders are approved by authorized signature(s).
h. Ensure acceptable Task Completion Letter(s) are approved by the Project Manager or his
designee.
i. Ensure timely payment of invoices.
j. Ensure Comm LAB access to server and network equipment and work areas on a 24x7
basis, with pre-authorization for off-hours.
k. Provide workspace for Comm LAB personnel as reasonably requested.
SOW Format:
Each task includes the following: Title, Objective, Task Description, Responsibilities and Completion
Criteria. The tasks are depicted on the project schedule. All parties recognize that the SOW is not
formatted chronologically with contractual obligations defaulting to the Project Schedule unless
otherwise noted.
TASK 1: 2021-22 MARKETING ROADMAP
Objective:
Create, establish and implement a formal marketing plan and road map to best promote and provide
outreach for S4 during the campaign period. The road map will include target audiences, objectives,
management procedures and proposed activities.
Task Description:
Develop, refine, review and approve plan for all campaign initiatives, including the marketing plan and
project schedule. Activities include:
a. Launch Meetings conduct a minimum of two meetings with the Santa Ana Project Manager
to present strategies and recommendations and to get approval to proceed with the Road
Map.
b. 2021-2022 Marketing Road Map develop and submit a comprehensive marketing
communications and promotions plan detailing strategies, objectives, tasks, schedules and
metrics for all S4 activities during the contracted period.
c. Project Schedule develop and complete a comprehensive project schedule that details
timing for all activities.
d. Project Management & Control Procedures review and update, as needed, all currently
approved control and administrative procedures (change orders, approval processes, etc.) and
documents currently on file with the Santa Ana Project Manager.
Responsibilities:
Comm LAB shall:
a. Develop the initiative and seek plan approval from Santa Ana Project Manager
b. Execute the promotion in accordance with the approved plan
Santa Ana shall:
a. Approve plan and promotion elements
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
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TASK 1-A: BRANDING AND DIGITAL MARKETING AUDIT
Objective:
will include finding
campaign.
Task Description:
Audit will consider the appropriate use of tools and materials for the targeted audiences, image and
Responsibilities:
Comm LAB shall:
a. Collect, review and evaluate branding and digital marketing materials.
b. Present audit findings and key recommendations to Santa Ana Project Manager.
Santa Ana shall:
a. Review audit and approve execution of key recommendations.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of August 2021.
TASK 2: DIGITAL COMMUNICATIONS
Objective: Create a digital communications outreach platfor
strategy. This communications platform will mainly consist of a newsletter distribution system and
database retention effort.
Task Description: Through various digital outreach tactics, we will work to build an internal database
for email distribution. These monthly newsletters will support the following:
a. Micro-campaigns: promotion of various sub-campaigns in relation to our pre-approved micro-
campaigns (cyber security, school reporters and video game security)
b. S4 messaging: promotion of general S4 information, tools, resources, etc.
Responsibilities:
Comm LAB shall:
a. Create a newsletter system in combination with a database collection initiative
b. Routinely distribute information newsletter to database
c. Provide KPI report to Santa Ana Project to show progress
Santa Ana shall:
a. Review, edit and approve newsletter drafts for distribution
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of August 2021.
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TASK 2-A: NEWSLETTER DATABASE COLLECTION STRATEGY
Objective: Establish a robust database of stakeholders to distribute newsletters, updates and relevant
information.
Task Description: Develop a mechanism to collect contact information from Orange County
stakeholders interested in receiving news from S4. The collector will include:
a. Email address
b. City of residence
c. Zip Code
d. Opt-in consent statement
Responsibilities:
Comm LAB shall:
a. Add an email collector to the S4 website where stakeholders can register to receive newsletters
and updates. Maintain and update the newsletter database accordingly.
b. Create a newsletter design with routine topics to be included
c. Present draft newsletter to the Santa Ana PD project manager for approval.
Santa Ana shall:
a. Provide any relevant databases in its possession to be added to the newly established database.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of October 2021.
TASK 2-B: NEWSLETTER DISTRIBUTION
Objective: Establish S4 newsletter as a trusted resource for stakeholders to information and relevant
updates.
Task Description: Develop newsletter template, elements and set distribution frequency. This includes
all aspects related to the curation of a newsletter including but not limited to writing copy and generating
graphics.
Responsibilities:
Comm LAB shall:
a. Develop the newsletter format and distribution schedule and seek approval of Santa Ana Project
Manager.
b. Execute newsletter distribution in accordance with the approved plan.
Santa Ana shall:
a. Approve newsletter plan and approve subsequent newsletters before public distribution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of February 2022.
58
TASK 3: S4 WEBSITE RE-FRESH
Objective: Refresh S4 Website to improve user experience, navigability and to meet the needs of the
new digital strategy.
Task Description:
Evaluate, propose modifications and update S4 Website. This includes but is not limited to: finding
technical problems, removing outdated links, adding content and installing an email collector for the
new newsletter distribution strategy. This includes an SEO evaluation to ensure the website is search
engine friendly.
Responsibilities:
Comm LAB shall:
a. Review S4 Website and identify any immediate modifications and updates needed.
b. Seek approval from Santa Ana Project Manager to make modifications.
Santa Ana shall:
a. Approve website refresh recommendations.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 3-A: S4 WEBSITE AUDIT & TIMELINE FOR TRANSITION
Objective: Assess areas to improve, growth and increase credibility of the S4 website.
Task Description:
a. Conduct an exhaustive content and technical audit of the S4 Website. Assess page structures,
navigability, accessibility and analytics.
Responsibilities:
Comm LAB shall:
a. Evaluate website components, website traffic and insights for growth opportunities.
Santa Ana shall:
a. Review audit and approve timeline for transition.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of August 2021.
TASK 3-B: S4 WEBSITE SITE MAP & FRAMES
Objective: Based on team input and long-
-
Task Description:
59
The site-map and wireframes will showcase how all of the S4 content, imagery, resources etc. will be
objectives before programming starts.
a. Provide a site-map of the new S4 navigation including all sub-pages
b. Provide wireframes or lay-outs of the Home, About and Resources pages.
Responsibilities:
Comm LAB shall:
a. Provide site-map and layout options for the approval of the Santa Ana Project Manager
b. Implement any requested edits/changes to the site-map and wireframes
Santa Ana shall:
a. Review and audit draft site-map and wireframes
b. Provide any feedback, edits to staff
c. Rely final approval of site-map and wireframes
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of October 2021.
TASK 3-C: S4 WEBSITE CONTENT DEVELOPMENT
Objective: Develop a comprehensive document merging the existing S4 website copy with additions
required for the new website. This document will serve as a guide for website developers as they finalize
the new S4 website.
Task Description:
The website content will include all the existing information in addition to information regarding the
following:
a. Micro-campaigns: staff will include copy for the upcoming micro-campaigns to avoid any last
minute changes that may be necessary on the website.
b. Database: the new website will encourage residents to sign up for the S4 newsletter
c. Local partners: Call-
Responsibilities:
Comm LAB shall:
a. Provide draft copy for the review of the Santa Ana Project Manager and team
b. Update the document with any changes requested by the Santa Ana Project Manager
c. Provide a final copy of the website content
Santa Ana shall:
a. Review and edit the draft website copy
b. Provide edits and final approval
Completion Criteria:
60
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of December 2021.
TASK 3-D: S4 WEBSITE DESIGN & DEVELOPMENT
Objective:
overall goals and objectives. The development of the new website will be based on a contemporary
model with an easy-to-navigate interface for users.
Task Description:
Develop a modern site with useful, yet aesthetically pleasing elements that will create a positive
experience for users accessing the website for information regarding S4. This
Responsibilities:
Comm LAB shall:
a. Develop a draft website that is reflective of approved copy, sitemap and wireframes
b. Implement updates from the Santa Ana project manager
c. Provide final website
Santa Ana shall:
a. Provide all edits to staff to implement
b. Approve final website before transitioning live
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of February 2022.
TASK 4: S4 SOCIAL MEDIA OUTREACH
Objective:
and micro-campaigns. The content will be focused on incr
traffic.
Task Description: Develop contemporary and engaging social media content in various formats
including graphics, memes, surveys, video, gifs, etc. This content will be used for both
media timeline calendar, as well as social media advertising.
Responsibilities:
Comm LAB shall:
a. Develop a 6-week social media calendar with draft respective imagery for Santa Ana Project
Manager approval
b. The calendar will include: social media platforms, date of publication, copy for social media
post, graphic, links, hashtags
c. Schedule 6-week social media calendar meetings to review social media calendar when needed
d. Implement any updates and/or edits to the social media calendar
e. Post time-sensitive content at the direction of the Santa Ana Project Manager
61
f. Provide 6-week social media KPI reports on post engagement, traffic and trends.
Santa Ana shall:
a. Provide feedback and input for social media calendar
b. Attend 6-week social media calendar meetings when needed
c. Provide any time-sensitive social media messaging to staff when appropriate
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 4-A: S4 SOCIAL MEDIA CONTENT DEVELOPMENT/MANAGEMENT (AUGUST-
JANUARY 2022)
Objective:
and micro-campaigns. Th
traffic.
Task Description: Develop contemporary and engaging social media content in various formats
including graphics, memes, surveys, video, gifs, etc. This
media timeline calendar, as well as social media advertising.
a. Develop Social Media Calendar
b. Post time-sensitive information on social media channels
c. Keep Social Media Channels Updated
Responsibilities:
Comm LAB shall:
a. Develop a 6-week social media calendar with draft respective imagery for Santa Ana Project
Manager approval
b. The calendar will include: social media platforms, date of publication, copy for social media
post, graphic, links, hashtags
c. Schedule 6-week social media calendar meetings to review social media calendar when needed
d. Implement any updates and/or edits to the social media calendar
e. Post time-sensitive content at the direction of the Santa Ana Project Manager
f. Provide 6-week social media KPI reports on post engagement, traffic and trends.
Santa Ana shall:
a. Provide feedback and input for social media calendar
b. Attend 6-week social media calendar meetings when needed
c. Provide any time-sensitive social media messaging to staff when appropriate
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of January 2022.
TASK 4-B: S4 SOCIAL MEDIA CONTENT DEVELOPMENT/MANAGEMENT (JAN-MARCH
2022)
62
Objective:
and micro-campaigns. The content will be focused on increas
traffic.
Task Description: Develop contemporary and engaging social media content in various formats
ial
media timeline calendar, as well as social media advertising.
a. Develop Social Media Calendar
b. Post time-sensitive information on social media channels
c. Keep Social Media Channels Updated
Responsibilities:
Comm LAB shall:
a. Develop a 6-week social media calendar with draft respective imagery for Santa Ana Project
Manager approval
b. The calendar will include: social media platforms, date of publication, copy for social media
post, graphic, links, hashtags
c. Schedule 6-week social media calendar meetings to review social media calendar when needed
d. Implement any updates and/or edits to the social media calendar
e. Post time-sensitive content at the direction of the Santa Ana Project Manager
f. Provide 6-week social media KPI reports on post engagement, traffic and trends.
Santa Ana shall:
a. Provide feedback and input for social media calendar
b. Attend 6-week social media calendar meetings when needed
c. Provide any time-sensitive social media messaging to staff when appropriate
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of March 2022.
TASK 4-C: S4 SOCIAL MEDIA CONTENT DEVELOPMENT/MANAGEMENT (APRIL-JUNE
2022)
Objective: Develop consistent social media content based on messaging strategies for S4 objectives and
micro-te
traffic.
Task Description: Develop contemporary and engaging social media content in various formats
including graphics, memes, surveys, video, gifs, etc. This content will be used for both the S4 social
media timeline calendar, as well as social media advertising.
a. Develop Social Media Calendar
b. Post time-sensitive information on social media channels
c. Keep Social Media Channels Updated
Responsibilities:
Comm LAB shall:
a. Develop a 6-week social media calendar with draft respective imagery for Santa Ana Project
Manager approval
63
b. The calendar will include: social media platforms, date of publication, copy for social media
post, graphic, links, hashtags
c. Schedule 6-week social media calendar meetings to review social media calendar when needed
d. Implement any updates and/or edits to the social media calendar
e. Post time-sensitive content at the direction of the Santa Ana Project Manager
f. Provide 6-week social media KPI reports on post engagement, traffic and trends.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of June 2022.
TASK 5: READY OC SOCIAL MEDIA & SEARCH ADVERTISING
Objective: Develop a comprehensive digital advertising strategy within the project budget to promote
-campaigns when relevant. The advertising campaign will be
primarily digital with concentration on social media channels and Google search.
Task Description:
messaging, micro-campaigns, and objectives.
a. Boost social media timeline content
b. Develop social media advertisements
c. Develop advertisements for Google (display, search, and YouTube)
Responsibilities:
Comm LAB shall:
a. Create a digital advertising budget with funds allocated to search and social media advertising.
b. Itemize digital media advertising funding to micro-campaign messaging
c. Deliver budget to Santa Ana Project manager for approval
d. Execute routine advertising programming and monitor results
e. Provide KPI reports at the end of each task monitoring success and opportunities
Santa Ana shall:
a. Provide feedback and approval on digital advertising budget on search and social
b. Review KPI report at the end of each subsequent digital marketing task order.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 5-A: S4 SOCIAL MEDIA & SEARCH ADVERTISING (AUGUST-JANUARY 2022)
Develop a comprehensive digital advertising strategy within
objectives and micro-campaigns when relevant. The advertising campaign will be primarily digital with
concentration on social media channels and Google search.
Task Description: Create a digital advertising st
messaging, micro-campaigns, and objectives.
a. Boost social media timeline content
b. Develop social media advertisements
64
c. Develop advertisements for Google (display, search, and YouTube)
Responsibilities:
Comm LAB shall:
a. Create a digital advertising budget with funds allocated to search and social media advertising.
b. Itemize digital media advertising funding to micro-campaign messaging
c. Deliver budget to Santa Ana Project manager for approval
d. Execute routine advertising programming and monitor results
e. Provide KPI reports at the end of each task monitoring success and opportunities
Santa Ana shall:
a. Provide feedback and approval on digital advertising budget on search and social
b. Review KPI report at the end of each subsequent digital marketing task order.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of January 2022.
TASK 5-B: S4 SOCIAL MEDIA & SEARCH ADVERTISING (JAN-MARCH 2022)
objectives and micro-campaigns when relevant. The advertising campaign will be primarily digital with
concentration on social media channels and Google search.
Task Description: media channels,
messaging, micro-campaigns, and objectives.
a. Boost social media timeline content
b. Develop social media advertisements
c. Develop advertisements for Google (display, search, and YouTube)
Responsibilities:
Comm LAB shall:
a. Create a digital advertising budget with funds allocated to search and social media advertising.
b. Itemize digital media advertising funding to micro-campaign messaging
c. Deliver budget to Santa Ana Project manager for approval
d. Execute routine advertising programming and monitor results
e. Provide KPI reports at the end of each task monitoring success and opportunities
Santa Ana shall:
a. Provide feedback and approval on digital advertising budget on search and social
b. Review KPI report at the end of each subsequent digital marketing task order.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of March 2022.
TASK 5-C: S4 SOCIAL MEDIA & SEARCH ADVERTISING (APRIL-JUNE 2022)
65
Objective: Develop a comprehensive digital advertising strategy within the project budget to promote
-campaigns when relevant. The advertising campaign will be primarily
digital with concentration on social media channels and Google search.
Task Description:
messaging, micro-campaigns, and objectives.
a. Boost social media timeline content
b. Develop social media advertisements
c. Develop advertisements for Google (display, search, and YouTube)
Responsibilities:
Comm LAB shall:
a. Create a digital advertising budget with funds allocated to search and social media advertising.
b. Itemize digital media advertising funding to micro-campaign messaging
c. Deliver budget to Santa Ana Project manager for approval
d. Execute routine advertising programming and monitor results
e. Provide KPI reports at the end of each task monitoring success and opportunities
Santa Ana shall:
a. Provide feedback and approval on digital advertising budget on search and social
b. Review KPI report at the end of each subsequent digital marketing task order.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of June 2022.
TASK 6: MICRO CAMPAIGN: CYBER SECURITY
Objective: Develop a comprehensive micro campaign plan to enhance cyber security awareness, deter
online fraud/identity theft and enhance privacy; a special focus will be placed on the 65+ demographic
to inform them of cyber security threats.
Task Description: Create, establish and implement a plan to promote cyber security awareness and
deter online threats. The plan will include outreach channels, partnerships, procedures, proposed
activities, communications and schedule.
Responsibilities:
Comm LAB shall:
a. Develop the micro campaign plan, identify partners, outreach channels, activities, promotional
materials, schedule and budget.
b. Present micro campaign plan timeline for the approval of Santa Ana Project Manager
c. Begin to execute micro-campaign tasks in accordance with the approved plan.
Santa Ana shall:
a. Approve micro campaign plan for execution and provide input.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
66
TASK 6-A: MICRO CAMPAIGN: CYBER SECURITY: DEVELOP MESSAGING &
OUTREACH STRATEGY
Objective: Develop an effective messaging and outreach strategy to deliver key messages to Orange
safety.
Task Description: Research, identify and craft messaging and outreach strategy to raise awareness of
cyber security threats. This task includes:
a. Mapping out effective messaging and calls to action
b. Identifying outreach channels with high-traffic in the selected demographic.
c. Setting messaging frequency
d. Identifying partnerships
Responsibilities:
Comm LAB shall:
a. Create a strategy to appeal to the selected demographic.
b. Provide messagings options and taglines for marketing/advertising
c. Present strategy to and seek approval of Santa Ana Project Manager
d. Begin to execute strategy in accordance with the approved plan.
Santa Ana shall:
a. Approve messaging and outreach strategy for execution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of September 2021.
TASK 6-B: MICRO CAMPAIGN: CYBER SECURITY: DEVELOP CAMPAIGN TIMELINE
Objective: Establish a campaign timeline that delivers high impact and reach among targeted
demographic (Orange County residents, ages 65+).
Task Description: Create, establish and implement a timeline to promote S4, specifically its tips to
deter online threats. This task includes:
a. Developing a draft calendar with respective outreach activities for Santa Ana Project Manager
approval
b. Identifying any competing campaigns distributed during the selected timeline
Responsibilities:
Comm LAB shall:
a. Create a timeline.
b. Present timeline to and seek approval approval of Santa Ana Project Manager
c. Execute activities in accordance with the approved timeline.
Santa Ana shall:
a. Approve timeline for execution.
67
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of October 2021.
TASK 6-C: MICRO CAMPAIGN: CYBER SECURITY: IDENTIFY POTENTIAL PARTNERS
Objective: Execute an audit of existing S4 partners to then identify a new list of potential patterns who
can assist in the outreach, advertising and communications of our promoting cyber security tips.
Task Description: Identify a list of existing and new partners to increase awareness amongst residents
age 65+ of threats they may encounter online.
Responsibilities:
Comm LAB shall:
a. Develop a list of existing and potential partners for the approval of the Santa Ana Project
Manager
b. Begin reaching out to existing partners to schedule strategy discussions and outreach events
Santa Ana shall:
a. Provide approval for the list of potential partners.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of November 2021.
TASK 7: MICRO CAMPAIGN: SCHOOL REPORTERS
Objective: Develop a comprehensive micro campaign plan to encourage students from middle school to
college to report suspicious behavior online. A reporting system will be developed to receive tips.
Task Description: Create, establish and implement a micro campaign plan to encourage students to
report suspicious behavior exhibited online or via other social media platforms. The plan will include
outreach channels, partnerships, procedures, proposed activities, communications and schedule.
Responsibilities:
Comm LAB shall:
a. Develop the micro campaign plan, identify partners, outreach channels, activities, promotional
materials, schedule and budget.
b. Present micro campaign plan timeline for the approval of Santa Ana Project Manager
c. Begin to execute micro-campaign tasks in accordance with the approved plan.
Santa Ana shall:
a. Approve micro campaign plan for execution and provide input.
Completion Criteria:
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This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 7-A: MICRO CAMPAIGN: SCHOOL REPORTERS: DEVELOP MESSAGING &
OUTREACH STRATEGY
Objective: Develop an effective messaging and outreach strategy to educate students on the importance
of capturing and reporting suspicious behavior exhibited online, especially on social media platforms
(SnapChat, Instagram, TikTok, YouTube, Twitter etc.)
Task Description: Research, identify and craft messaging and outreach strategy to garner student trust
and encourage reporting. This task includes:
a. Mapping out effective messaging and calls to action
b. Identifying outreach channels with high-traffic in the selected demographic.
c. Setting messaging frequency
d. Identifying partnerships
Responsibilities:
Comm LAB shall:
a. Create a strategy to appeal to the selected demographic.
b. Present strategy to and seek approval approval of Santa Ana Project Manager
c. Begin to execute strategy in accordance with the approved plan.
d. Provide messagings options and taglines for marketing/advertising
Santa Ana shall:
a. Approve messaging and outreach strategy for execution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of September 2021.
TASK 7-B: MICRO CAMPAIGN: SCHOOL REPORTERS: DEVELOP CAMPAIGN
TIMELINE
Objective: Establish a campaign timeline that delivers high impact and reach among targeted
demographic (students in grades 6-12 and college campuses).
Task Description: Create, establish and implement a timeline to promote campaign specifically
reporting system(s) during the micro campaign period. This task includes:
a. Developing a draft calendar with respective outreach activities for Santa Ana Project Manager
approval
Responsibilities:
Comm LAB shall:
a. Create a timeline.
b. Present timeline to and seek approval approval of Santa Ana Project Manager
c. Execute activities in accordance with the approved timeline.
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Santa Ana shall:
a. Approve timeline for execution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of October 2021.
TASK 7-C: MICRO CAMPAIGN: SCHOOL REPORTERS: IDENTIFY POTENTIAL
PARTNERS
Objective: identify a new list of potential patterns
who can assist in the outreach, advertising and communications of our effort to inform and encourage
student participation.
Task Description: Identify a list of existing and new partners to increase awareness among potential
school reporters.
Responsibilities:
Comm LAB shall:
a. Develop a list of existing and potential partners for the approval of the Santa Ana Project
Manager
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b. Begin reaching out to existing partners to schedule strategy discussions and outreach events
Santa Ana shall:
a. Provide approval on the list of potential partners.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of November 2021.
TASK 8: MICRO CAMPAIGN: VIDEO GAME SECURITY
Objective: Plan, develop and outline micro-campaign concept for a campaign to increase parent
awareness of child tracking, predators and radicalization risks that exist in video game chat rooms.
Many parents/legal guardians are unaware of these potential threats or the dangers of online gaming.
Task Description:
Create a micro-campaign that increases parents and community awareness regarding online threats in
video game chat rooms and how they can be proactive to protect younger demographics.
Responsibilities:
Comm LAB shall:
a. Develop the micro campaign plan, identify partners, outreach channels, activities, promotional
materials, schedule and budget.
b. Present micro campaign plan timeline for the approval of Santa Ana Project Manager
c. Begin to execute micro-campaign tasks in accordance with the approved plan.
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Santa Ana shall:
a. Approve micro campaign plan for execution and provide input.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 8-A: MICRO CAMPAIGN: VIDEO GAME SECURITY: DEVELOP MESSAGINGS &
OUTREACH STRATEGY
Objective: Plan and develop a messaging and outreach strategy to increase awareness among
Task Description: Develop an outreach and messaging strategy to increase awareness amongst
parents/legal guardians of the various communications platforms available within video games and the
ways these channels are used to endanger youth and to facilitate radicalization by domestic and
international terrorists.
Responsibilities:
Comm LAB shall:
a. Create an outline for messaging and outreach to support our
awareness of this security risk.
b. Provide messagings options and taglines for marketing/advertising
Santa Ana shall:
a. Provide approval of messaging and outreach strategy
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of September 2021.
TASK 8-B: MICRO CAMPAIGN: VIDEO GAME SECURITY: DEVELOP CAMPAIGN
TIMELINE
Objective: Establish a campaign timeline that delivers high impact and reach to increase parent
awareness of video game security threats.
Task Description: Create, establish and implement a timeline to promote S4, specifically the
importance of understanding video game dynamics and features. This task includes:
a. Developing a draft calendar with respective outreach activities for Santa Ana Project Manager
approval
b. Accounting for any competing/concurrent campaigns that potential partners/community
organizations may be engaged in.
Responsibilities:
Comm LAB shall:
a. Create a timeline.
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b. Present timeline to and seek approval approval of Santa Ana Project Manager
c. Execute activities in accordance with the approved timeline.
Santa Ana shall:
a. Approve timeline for execution.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be the end of October 2021.
TASK 8-C: MICRO CAMPAIGN: VIDEO GAME SECURITY: IDENTIFY POTENTIAL
PARTNERS
Objective: Execute an audit of existing S4 partners to then identify a new list of potential patterns who
can assist in the outreach and communications of our effort to educate parents/legal guardians of video
game security threats.
Task Description: Identify a list of existing and new partners to increase awareness of video game
Responsibilities:
Comm LAB shall:
a. Develop a list of existing and potential partners for the approval of the Santa Ana Project
Manager
b. Begin reaching out to existing partners to schedule strategy discussions and outreach events
Santa Ana shall:
a. Provide approval on the list of potential partners.
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of November 2021.
TASK 9: EARNED MEDIA OUTREACH
Objective: Develop and implement media promotions and concentrated publicity outreach to local print,
online, broadcast and/or theater/cinema outlets to promote S4 programming elements, initiatives, and
calendar of activities.
Task Description:
Develop and implement media promotions including, but not limited to, advertising and/or online
promotions, video PSA creation and media outreach to local outlets to direct OC residents to commit to
preparedness steps. Task includes ongoing measurement and tracking of promotional elements.
Activities will include:
a. Publicity/Media Outreach conduct outreach to targeted local media to achieve a minimum of
two earned or sponsored placements during the task period.
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b. Video PSA leverage existing :30-second video PSA and focus on efforts to expand exposure of
S4 via additional placements within the OC community via the S4 website, YouTube channel,
city websites, local public access stations, selected regional theatre venues, etc.
Responsibilities:
Comm LAB shall:
a. Plan, develop and produce the video with approval from the Santa Ana Project Manager
b. Execute distribution in accordance with approved plans
Santa Ana shall:
a. Approve initiative concepts, production and distribution plan.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 9-A: EARNED MEDIA OUTREACH: IDENTIFY & EXECUTE EARNED MEDIA
OPPORTUNITIES (FALL 2021)
Objective: Develop and implement media promotions and concentrated publicity outreach to local print,
online, broadcast and/or theater/cinema outlets to promote S4 programming elements, initiatives and the
calendar of activities.
Task Description:
Develop and implement media promotions including, but not limited to advertising and/or online
promotions, video PSA creation and media outreach to local outlets to direct OC residents to commit to
preparedness steps. Task includes ongoing measurement and tracking of promotional elements.
Responsibilities:
Comm LAB shall:
a. Plan, develop and produce the video with approval from the Santa Ana Project Manager
b. Execute distribution in accordance with approved plans
Santa Ana shall:
a. Approve initiative concepts, production and distribution plan
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of December 2021.
TASK 9-B: EARNED MEDIA OUTREACH: IDENTIFY & EXECUTE EARNED MEDIA
OPPORTUNITIES (WINTER 2021/SPRING 2022)
Objective: Develop and implement media promotions and concentrated publicity outreach to local print,
online, broadcast and/or theater/cinema outlets to promote S4 programming elements, initiatives and the
calendar of activities.
Task Description:
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Develop and implement media promotions including, but not limited to advertising and/or online
promotions, video PSA creation and media outreach to local outlets to direct OC residents to commit to
preparedness steps. Task includes ongoing measurement and tracking of promotional elements.
Responsibilities:
Comm LAB shall:
a. Plan, develop and produce the video with approval from the Santa Ana Project Manager
b. Execute distribution in accordance with approved plans
Santa Ana shall:
a. Approve initiative concepts, production and distribution plan
Completion Criteria:
This task is considered complete upon the completion of the deliverables detailed in the task description
above and when the Santa Ana Project Manager signs the task completion letter. Planned completion
and invoicing will be at the end of April 2022.
TASK 10: COMMUNITY & CITIZENS OUTREACH
Objective: Develop and implement ongoing community and
emergency preparedness, faith-based and other designated events and/or location to increase S4
preparedness messaging.
Task Description:
See sub-tasks for specifics.
Responsibilities:
See sub-tasks for specifics.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 10-A: COMMUNITY & CITIZENS OUTREACH (FALL 2021)
Objective:
preparedness, faith-based and other designated events and/or location to increase S4 preparedness
messaging.
Task Description:
Calendar, staff and manage outreach briefings, virtual events, etc. to targeted community
organizations/groups.
Activities include:
a. Outreach List and Calendar - create and manage a master annual calendar for any local
organization/group to provide information, tools, resources, etc. for emergency preparedness.
Responsibilities:
Comm LAB shall:
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a. Develop the outreach and seek plan approval from the Santa Ana Project Manager.
b. Execute the outreach in accordance with the approved plan
Santa Ana shall:
a. Approve plan and promotional elements
Completion Criteria:
This task is considered complete upon the completion of the calendared event outreach and when the
Santa Ana Project Manager signs the task completion letter. Completion is planned November 2021.
TASK 10: COMMUNITY & CITIZENS OUTREACH (WINTER/SPRING 2022)
Objective:
emergency preparedness, faith-based and other designated events and/or presentation venues, seeking to
reach and engage with hundreds of thousands of citizens and community members.
Task Description: Calendar, staff and manage outreach briefings, virtual events, etc. to targeted
community organizations/groups.
Activities include:
a. Outreach List and Calendar - create and manage a master annual calendar for any local
organization/group to provide information, tools, resources, etc. for emergency preparedness.
Responsibilities:
Comm LAB shall:
a. Develop the outreach and seek plan approval from the Santa Ana Project Manager in alignment
with the S4 Steering Committee
b. Execute the outreach in accordance with the approved plan
Santa Ana shall:
a. Approve plan and promotional elements
Completion Criteria:
This task is considered complete upon the completion of the calendared event outreach and when the
Santa Ana Project Manager signs the task completion letter. Completion is planned by April 2022.
TASK 11: STAKEHOLDER MEETINGS & PROMOTIONS
Objective:
Manage campaign updates and activities including, but not limited to meetings, monthly activity
reporting, programming documentation, regular communications and presentations to Santa Ana Project
Manager and corresponding agency partners during this task order.
Task Description:
Provide campaign and promotion updates to the Santa Ana Project Manager through regularly scheduled
phone calls and/or emails and meetings (as needed or requested). Manage the ongoing reporting and
measurement of campaign data and maintain weekly and monthly communication with the Santa Ana
Project Manager including at least one formal meeting/conference call during the quarter, unless
otherwise directed and approved by the Santa Ana Project Manager.
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Responsibilities:
Comm LAB shall:
a. Coordinate, manage and participate in at least one team meting
b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project
Manager
c. Manage the weekly and monthly reporting of campaign measurement
d. Manage ongoing budget and campaign schedule
e. Submit task completion letters with task invoices to the Santa Ana Project Manager
Santa Ana shall:
a. Approve campaign progress, updates and promotions
b. Support and facilitate partnering and sponsorship efforts with Steering Committee
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 11-A: STAKEHOLDER MEETINGS & PROMOTIONS (SEP-FEB 2022)
Objective:
Manage campaign updates and activities including, but not limited to meetings, monthly activity
reporting, programming documentation, regular communications and presentations to Santa Ana Project
Manager and corresponding agency partners during this task order.
Task Description:
Provide campaign and promotion updates to the Santa Ana Project Manager through regularly scheduled
phone calls and/or emails and meetings (as needed or requested). Manage the ongoing reporting and
measurement of campaign data and maintain weekly and monthly communication with the Santa Ana
Project Manager including at least one formal meeting/conference call during the quarter, unless
otherwise directed and approved by the Santa Ana Project Manager.
Responsibilities:
Comm LAB shall:
a. Coordinate, manage and participate in at least one Steering Committee meeting
b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project
Manager
c. Manage the weekly and monthly reporting of campaign measurement
d. Manage ongoing budget and campaign schedule
e. Submit task completion letters with task invoices to the Santa Ana Project Manager
Santa Ana shall:
a. Approve campaign progress, updates and promotions
b. Support and facilitate partnering and sponsorship efforts with Steering Committee
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for the task. Planned completion and implementation is
by the end of February 2022.
TASK 11-B: STAKEHOLDER MEETINGS & PROMOTIONS (MARCH-JUNE 2022)
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Objective:
Manage campaign updates and activities including, but not limited to meetings, monthly activity
reporting, programming documentation, regular communications and presentations to Santa Ana Project
Manager and corresponding agency partners during this task order.
Task Description:
Provide campaign and promotion updates to the Santa Ana Project Manager through regularly scheduled
phone calls and/or emails and meetings (as needed or requested). Manage the ongoing reporting and
measurement of campaign data and maintain weekly and monthly communication with the Santa Ana
Project Manager including at least one formal meeting/conference call during the quarter, unless
otherwise directed and approved by the Santa Ana Project Manager.
Responsibilities:
Comm LAB shall:
a. Coordinate, manage and participate in at least one team meeting
b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project
Manager
c. Manage the weekly and monthly reporting of campaign measurement
d. Manage ongoing budget and campaign schedule
e. Submit task completion letters with task invoices to the Santa Ana Project Manager
Santa Ana shall:
a. Approve campaign progress, updates and promotions
b. Support and facilitate partnering and sponsorship efforts with Steering Committee
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for the task. Planned completion and implementation is
by the end of May 2022.
TASK 12: CORPORATE ADVISORY COUNCIL PARTNERING
Objective:
Continue managing the current CAC group with emphasis on enhancing participation benefits and
expanding successes in leveraging CAC resources, connections and contributions to the overall S4
initiative during the year.
Task Description:
Continue momentum to expand the success of the council to help provide opportunities, extensions, and
ongoing support for S4. Activities include:
a. CAC Designated Ambassador continue to leverage and refine the designated CAC
ambassadors to facilitate and deepen relationship efforts.
b. One-on-One Outreach Tour continue successful strategy to outreach to CAC members in a
high-touch, one-to-one manner to generate customized opportunities for promotional investment
and support of the S4 campaigns.
Responsibilities:
Comm LAB shall:
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a. Develop and implement the program with approval from the Santa Ana Project Manager.
Santa Ana shall:
a. Approve the program and promotional efforts
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 12-A: CORPORATE ADVISORY COUNCIL PARTNERING (FALL 2021)
Objective:
Continue managing the current CAC group with emphasis on enhancing participation benefits and
expanding successes in leveraging CAC resources, connections, and contributions to the overall S4
initiative during the year.
Task Description:
Continue momentum to expand the success of the council to help provide opportunities, extensions, and
ongoing support for S4. Activities include:
a. CAC Designated Ambassador continue to leverage and refine the designated CAC
ambassadors to facilitate and deepen relationship efforts.
b. One-on-One Outreach Tour continue successful strategy to outreach to CAC members to
generate customized opportunities for promotional investment and support of the S4 campaigns.
Responsibilities:
Comm LAB shall:
a. Develop and implement the program with approval from the Santa Ana Project Manager in
alignment with the S4 Steering Committee
Santa Ana shall:
a. Approve the program and promotional efforts
Completion Criteria:
This task will be implemented throughout the performance period and when the Santa Ana Project
Manager signs the task completion letter. Completion is planned to occur by November 2021.
TASK 12-B: CORPORATE ADVISORY COUNCIL PARTNERING (WINTER/SPRING 2021)
Objective:
Continue managing the current CAC group with emphasis on enhancing participation benefits and
expanding successes in leveraging CAC resources, connections and contributions to the overall S4
initiative during the year.
Task Description:
Continue momentum to expand the success of the council to help provide opportunities, extensions, and
ongoing support for S4. Activities include:
a. CAC Designated Ambassador continue to leverage and refine the designated CAC
ambassadors to facilitate and deepen relationship efforts.
78
b. One-on-One Outreach Tour continue successful strategy to outreach to CAC members to
generate customized opportunities for promotional investment and support of the S4 campaigns.
Responsibilities:
Comm LAB shall:
a. Develop and implement the program with approval from the Santa Ana Project Manager in
alignment with the S4 Steering Committee
Santa Ana shall:
a. Approve the program and promotional efforts
Completion Criteria:
This task will be implemented throughout the performance period and when the Santa Ana Project
Manager signs the task completion letter. Completion is planned to occur by June 2022.
TASK 13: WEBSITE & MOBILE MAINTENANCE
Objective:
Update, manage, host and maintain the KeepOCsafe.org website and provide recommendations for
updates to improve the user experience and functionality.
Task Description:
See sub-tasks for specifics.
Responsibilities:
See sub-tasks for specifics.
Completion Criteria:
This task is considered complete upon completion of administrative deliverables and when the Santa
Ana Project Manager signs the completion letter for each subtask noted below.
TASK 13-A: WEBSITE & MOBILE MAINTENANCE (FALL/WINTER 2022)
Objective:
Update, manage, host and maintain the KeepOCsafe.org website and provide recommendations for
updates to improve the user experience and functionality.
Task Description:
Provide routine updates of the S4 website including content, imagery and navigation.
Responsibilities:
Comm LAB shall:
a. Update the S4 website with any additions/changes provided by the Santa Ana Project Manager
b. Ensure all hosting, server, maintenance, and updates are maintained.
Santa Ana shall:
a. Provide any edits and/or additions for the S4 website
b. Approve any update and/or additions to the S4 website.
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Completion Criteria:
This task will be implemented throughout the performance period and when the Santa Ana Project
Manager signs the task completion letter. Completion is planned to occur by January 2022.
TASK 13-B: WEBSITE & MOBILE MAINTENANCE (SPRING 2022)
Objective:
Update, manage, host and maintain the KeepOCsafet.org website and provide recommendations for
updates to improve the user experience and functionality.
Task Description:
Provide routine updates of the S4 website including content, imagery and navigation.
Responsibilities:
Comm LAB shall:
a. Update the S4 website with any additions/changes provided by the Santa Ana Project Manager
b. Ensure all hosting, server, maintenance, and updates are maintained.
Santa Ana shall:
a. Provide any edits and/or additions for the S4 website
b. Approve any update and/or additions to the S4 website.
Completion Criteria:
This task will be implemented throughout the performance period and when the Santa Ana Project
Manager signs the task completion letter. Completion is planned to occur by June 2022.
TASK 14: COLLATERAL MATERIALS
Objective: Develop, produce and update S4 collateral materials for use in all programming and
communications as appropriate.
Task Description:
Handle design, writing, production and distribution of all materials supporting S4 initiatives.
Responsibilities:
Comm LAB shall:
a. Develop all materials and seek approval from the Santa Ana Project Manager
b. Produce materials in accordance with
Santa Ana shall:
a. Approve materials and provide feedback
Completion Criteria:
This task is considered complete upon the order or delivery of the promotional materials, given
requirements in some instances for upfront payment, and when the Santa Ana Project Manager signs the
task completion letter. Completion is planned to occur by April 2022.
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TASK 15: PROMOTIONAL MATERIALS
Objective: Develop, produce and update S4 promotional materials for use in all programming as
appropriate.
Task Description: Handle design, writing, production and distribution of all materials supporting S4.
Responsibilities:
Comm LAB shall:
a. Develop all materials and seek approval from the Santa Ana Project Manager.
b. Produce materials in accordance with Steering Committee approvals
Santa Ana shall:
a. Approve materials
Completion Criteria:
This task is considered complete upon the order or delivery of the promotional materials, given
requirements in some instances for upfront payment, and when the Santa Ana Project Manager signs the
task completion letter. Completion is planned to occur by May 2022.
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FY21 S4 Milestone Payment Schedule
Milestone Task Name Milestone Planned
Payment Completion
Date
TASK 1 S4 2021/22 MARKETING ROADMAP
August
Task 1-A - Brand & Digital Marketing Audit $2,000.00
2021
TASK 2 DIGITAL COMMUNICATIONS
Task 2-A - Newsletter Database Collection Strategy $1,000.00 Oct 2021
Task 2-B - Newsletter Distribution $1,000.00 Feb 2022
TASK 3 S4 WEBSITE RE-FRESH
- S4 Website Audit & Timeline for August
Task 3-A $1,000.00
Transition 2021
Task 3-B - S4 Website Site Map & Frames $2,000.00 Oct 2021
Task 3-C - S4 Website Content Development $2,000.00 Dec 2021
Task 3-D - S4 Website Design & Development $4,000.00 Feb 2022
TASK 4 SOCIAL MEDIA OUTREACH
- S4 Social Media Content Development
Task 4-A $5,500.00 Jan 2022
(August-January 2022)
- S4 Social Media Content Development
Task 4-B $5,500.00 March 2022
(Jan-March 2022)
- S4 Social Media Content Development
Task 4-C $5,000.00 June 2022
(Apr 2022-June 2022)
TASK 5 ADVERTISING
- S4 Social Media/Search Advertising
Task 5-A $5,000.00 Jan 2022
(August-January 2022)
- S4 Social Media/Search Advertising (Jan
Task 5-B $4,000.00 March 2022
2021 -March 2022)
- S4 Social Media/Search Advertising (Apr
Task 5-C $3,000.00 June 2022
2022-June 2022)
TASK 6 MICRO CAMPAIGN: CYBER SECURITY
Task 6-A - Develop Messaging & Outreach Strategy $1,000.00 Sept 2021
October
Task 6-B - Develop Campaign Timeline $1,000.00
2021
November
Task 6-C - Identify Potential Partners $1,000.00
2021
MICRO CAMPAIGN: SCHOOL
TASK 7
REPORTERS
Task 7-A - Develop Messaging & Outreach Strategy $1,000.00 Sept 2021
October
Task 7-B - Develop Campaign Timeline $1,000.00
2021
November
Task 7-C - Identify Potential Partners $1,000.00
2021
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MICRO CAMPAIGN: VIDEO GAME
TASK 8
SECURITY
Task 8-A - Develop Messaging & Outreach Strategy $1,000.00 Sept 2021
October
Task 8-B - Develop Campaign Timeline $1,000.00
2021
November
Task 8-C - Identify Potential Partners $1,000.00
2021
TASK 9 EARNED MEDIA OUTREACH
- Identify Earned Media Opportunities
Task 9-A $7,000.00 Dec 2021
(Fall/Winter 2021)
- Identify Earned Media Opportunities
Task 9-B $7,000.00 April 2022
(Spring 2022)
TASK 10 COMMUNITY & CITIZENS OUTREACH
- Community & Citizens Outreach (Fall
Task 10-A $2,000.00 Nov 2021
2021)
- Community & Citizens Outreach
Task 10-B $2,000.00 April 2022
(Winter/Spring 2022)
STAKEHOLDER MEETINGS &
TASK 11
PROMOTIONS
- S4 Stakeholder Meetings & Promotions
Task 11-A $2,000.00 Feb 2022
(Sep 2021-Feb 2022)
- S4 Stakeholder Meetings & Promotions
Task 11-B $2,000.00 May 2022
(March 2022 -May 2022)
CORPORATE ADVISORY COUNCIL &
TASK 12
PARTNERING
- Corporate Advisory Council & Partnering
Task 12-A $2,500.00 Nov 2021
(Fall 2021)
- Corporate Advisory Council & Partnering
Task 12-B $2,500.00 June 2022
(Winter/Spring 2022)
TASK 13 WEBSITE & MOBILE MAINTENANCE
- Website, Social Media & Mobile
Task 13-A $2,000.00 Jan 2022
Outreach/Maintenance (Fall 2021)
- Website, Social Media & Mobile
Task 13-B $2,500.00 June 2022
Outreach/Maintenance (Winter/Spring
2022)
TASK 14 COLLATERAL MATERIALS $3,000.00 April 2022
$3,000.00 May 2022
TASK 15 PROMOTIONAL MATERIALS
$10,000.00
CONTINGENCY
TOTAL $97,500.00
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Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Appropriation Adjustment for the Shuttered Venue Operators Grant
AGENDA TITLE:
Approve an Appropriation Adjustment to Recognize and Appropriate Grant Revenue from
the Shuttered Venue Operators Grant Program (Non-General Fund)
RECOMMENDED ACTION
Approve an appropriation adjustment to recognize $689,120.19 in grant revenue from the
Small Business Administration, Shuttered Venue Operators Grant Program and
appropriate $689,120.19 into the corresponding expenditure accounts (Miscellaneous
Grants Fund) for losses the Santa Ana Zoo at Prentice Park incurred during the COVID-
19 pandemic.
DISCUSSION
The Shuttered Venue Operators Grant (SVOG) program was established in the Economic
Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (Economic Aid Act) and
later amended by the American Rescue Plan Act to provide aid to live venue operators
impacted by the COVID-19 pandemic. Under the program, eligible entities submitted
grant applications for an amount based on a formula applied to their 2019 earned revenue
or $10 million, whichever was less. Using the SVOG formula guidelines, the City
submitted an application for $689,120 in April 2021.
On July 17, 2021, the Small Business Administration (SBA) notified the City of Santa Ana
that their application was approved. The SBA provided the City until July 31, 2021 to
acknowledge the grant. The City did so through the submittal of documents requested by
the SBA.
The City has since received a check from the SBA for the full grant amount. Below are
examples of uses that the grant may be applied to:
Payroll costs
Rent payments
Utility payments
Scheduled mortgage payments (not including prepayment of principal)
Appropriation Adjustment for the Shuttered Venue Operators Grant
September 21, 2021
Page 2
Scheduled debt payments (not including prepayment of principal on any
indebtedness incurred in the ordinary course of business prior to February 15,
2020)
Worker protection expenditures
Payments to independent contractors (not to exceed $100,000 in annual
compensation for an individual employee of an independent contractor)
Other ordinary and necessary business expenses, including maintenance costs
The Parks, Recreation and Community Services Agency (PRCSA) intends to use these
grant funds for payroll and maintenance costs of zoo staff. This will allow the PRCSA to
re-allocate the General Fund monies committed for this purpose to be used towards
much needed capital improvements at the Santa Ana Zoo, such as a visitor admission
ticketing system and website. Additional projects would involve mobility and accessibility
improvements for patrons. These improvements would not receive funding if not for this
grant opportunity.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
An appropriation adjustment to recognize revenue and appropriate funds to the respective
accounts is shown below.
Fiscal Accounting Unit-Fund Accounting Unit, Amount
YearAccount #DescriptionAccount Description
FY 21-2213113002-52008Miscellaneous PRCSA Revenue, Federal $689,120.19
GrantsGrants-Direct COVID
FY 21-2213113250-VariousMiscellaneous Shuttered Venue $689,120.19
GrantsOperators Grant-Various
Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
Public Works Agency
www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Raitt and Myrtle Park Project
AGENDA TITLE
Approve an Appropriation Adjustment and Award a Construction Contract to CEM
Construction in the Amount of $2,776,406 for the Raitt and Myrtle Park Fiscal Year 2021-
22 Project with an Estimated Project Delivery Cost of $3,410,928 (Project Nos. 16-7566,
20-2730 & 22-6621) (Non-General Fund)
RECOMMENDED ACTION
1.Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $114,023.44 in construction funding from the Cannabis Public Benefit Funds,
for the Raitt and Myrtle Park Project.
2.Approve an appropriation adjustment to recognize $1,670,000 in Proposition 1
Integrated Regional Water Management (IRWM) grant funding from the State of
California Department of Water Resources into the Public Works-Water Quality &
Control, State Grant-Direct revenue account and appropriate the same amount into
the Prop 1 IRWM Program, Improvements Other Than Building expenditure account.
3.Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $1,670,000 in construction funding from the Proposition 1 IRWM grant funds
for the Raitt and Myrtle Park Project.
4.Authorize the City Manager to execute a Proposition 1 IRWM Grant Funding
Agreement with the Santa Ana Watershed Project Authority (SAWPA) beginning
September 21, 2021, and expiring three years after final payment, exercisable by the
City Manager and City Attorney, for a total disbursement amount not to exceed
$1,670,000, subject to non-substantive changes approved by the City Manager and
City Attorney.
5.Reject Bid Protest and award a construction contract to CEM Construction, the lowest
responsible bidder, in accordance with the base bid in the amount of $2,776,406, for
construction of the Raitt and Myrtle Park FY 2021-22 Project, for the term beginning
October 11, 2021, and ending upon project completion, and authorize the City
Award Construction Contract to CEM Construction
September 21, 2021
Page 2
Manager to execute the contract subject to non-substantive changes approved by the
City Manager and the City Attorney.
6.Approve the Project Cost Analysis for a total estimated construction delivery cost of
$3,410,928, which includes $2,776,406 for the construction contract, $277,640 for
contract administration, inspection and testing, $45,000 Grant Administration &
Consultant Services, and a $311,882 project contingency for unanticipated or
unforeseen work.
DISCUSSION
This project includes construction of a new 1.18-acre park on two City-owned parcels at
the northeast corner of Raitt Street and Myrtle Street. The park will feature: a skate park,
play equipment, exercise area, drought-tolerant landscaping, bridges and walkways,
drinking water fountains, site lighting, a public restroom, a 1,600 sq. ft. stormwater
bioretention basin, a subsurface stormwater infiltration system (stormchamber),
interpretive signage promoting watershed and water quality education, and off-site
improvements.
This project is unique because the stormwater Best Management Practices (BMPs) on-
site are designed to infiltrate stormwater runoff not only from the park itself, but also from
the surrounding neighborhood. Stormwater infiltration is very beneficial to the
environment, as it helps improve water quality, increase local water supplies, and reduce
flooding.
The Parks, Recreation, and Community Services Agency was able to obtain grant funding
for construction of this project from the Proposition 68 Statewide Parks Grant. This
funding was recognized and appropriated to this project by the City Council on May 19,
2020.
The Public Works Agency was also able to obtain grant funding for this project from the
Proposition 1 Integrated Regional Water Management (IRWM) grant program. The funds
will be used for the construction of stormwater infiltration BMPs and other park features
in the Raitt and Myrtle Park, as well as grant administration and consultant services. This
grant program is administered by the State Department of Water Resources (DWR) and
provides funding for multi-benefit projects that help address the future water needs of the
State. The Santa Ana Watershed Project Authority (SAWPA) is a Joint Powers Authority
composed of several water and wastewater agencies. SAWPA is the local grant
administrator for the Santa Ana funding region and has entered into a Grant Agreement
with DWR. The City is required to enter into a Grant Agreement with SAWPA for reporting
and disbursement of the Proposition 1 IRWM funds (Exhibit 5).
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified 196 regional
vendors via PlanetBids, many of which are Santa Ana based. Seventy-seven vendors
Award Construction Contract to CEM Construction
September 21, 2021
Page 3
requested bidding documents, and 11 bids were received. There were no bids received
from any Santa Ana contractors.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register
newspaper on June 23 and June 28, of 2021. The project was also advertised in
PlanetBids from June 23, 2021, through July 21, 2021. Bids were received electronically
via PlanetBids on July 21, 2021.
Bid Results Summary
RANK BIDDER’S NAMELOCATIONBASE BID
1CEM ConstructionMontebello$2,776,406.00
2PUB Construction, Inc.Diamond Bar$2,940,621.02
3Environmental Construction, Inc.Woodland Hills$3,063,709.92
4Los Angeles Engineering, Inc.Covina$3,336,000.00
5PCN3, Inc.Los Alamitos$3,345,710.60
6C.S. Legacy Construction Inc.Chino$3,413,308.28
EBS General Engineering Inc.Corona
7$3,527,360.00
Temecula
8MVS Enterprises Inc.$3,582,346.00
9Access Pacific Inc.Pasadena$3,937,285.14
San Diego
10RAL Investment Corporation$4,040,299.10
11Kazoni ConstructionCosta Mesa$4,636,725.00
Of the 11 bids received, all were deemed responsive. CEM Construction submitted the
lowest responsive base bid in the amount of $2,776,406 (Exhibit 2). As specified in the
bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based
on the bid analysis and a contractor’s reference check, staff recommends awarding the
construction contract to CEM Construction, in the amount of the base bid totaling
$2,776,406 (Exhibit 3).
A Bid Protest was submitted to the City by the third lowest bidder, Environmental
Construction, Inc., who challenged the responsiveness of the apparent low bidder.
Ultimately, Public Works staff found the minor irregularities in the CEM Construction bid
to be immaterial. Staff recommends waiving the protest and awarding the contract to
CEM Construction.
Award Construction Contract to CEM Construction
September 21, 2021
Page 4
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes construction administration, inspection, and testing, along
with an allowance for contingencies to account for unexpected or unforeseen conditions.
Construction administration and inspection includes: construction management,
implementation of the City’s Community Workforce Agreement requirements, inspection
of the Contractor’s work to ensure contract compliance, workmanship, and quality, and
materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the
table below, the estimated total construction delivery cost of the project is $3,410,928.
Project ItemTotal
Construction Contract$2,776,406
Construction Administration, Inspection, Testing$277,640
Contingencies$311,882
Prop 1 Grant Administration & Consultant Services $45,000
TOTAL CONSTRUCTION DELIVERY COST$3,410,928
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. A Mitigated/Negative Declaration was prepared and was
filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $3,410,928, which includes the construction contract, contract administration,
inspection, testing, project contingency, grant administration, and consultant services.
Project No. 16-7566 is the number assigned to the Project Plans and Specifications and
the Notice Inviting Bids. Project No 20-2730 is the number assigned to the PRCSA grant
and Cannabis Public Benefit funding for tracking of all expenditures to deliver the
construction of this project. A portion of the funding for this project in the amount of
$1,626,904.56 was appropriated in the Fiscal Year 2020-21 Parks, Recreation, and
Community Services Agency Capital budget. As part of the Citywide budget carry-
forward process, the Parks, Recreation, and Community Services Agency submitted to
the Finance Department a request for these funds to be carried forward into Fiscal Year
2021-22. This carry-forward request was compiled with requests from other departments
and is being presented for City Council approval on this same agenda under a separate
agenda item.
Additionally, The City secured a Proposition 1 IRWM grant in the amount of $1,670,000
to deliver the construction of this project. Project No. 22-6621 is the number assigned to
the Public Works Agency grant funding for tracking of all expenditures. Staff is requesting
Council approval of an appropriation adjustment to recognize the Proposition 1 Integrated
Regional Water Management (IRWM) grant funding of $1,670,000 from the State of
California Department of Water Resources into the Public Works-Water Quality & Control,
Award Construction Contract to CEM Construction
September 21, 2021
Page 5
State Grant-Direct revenue account (No. 16417002-52025) and appropriate the same
amount into the Prop 1 IRWM Program, Improvements Other Than Building expenditure
account (No. 16417643-66220). With the approval of the amendment to the Fiscal Year
21-22 Capital Improvement Program, the remaining funding for this project will be
available in the amount of $114,023.44 from FY 2021-22 funds of the Cannabis Public
Benefit Fund from the Splash Pads Project. All funds will be budgeted and available for
expenditure in Fiscal Year 2021-22. Any remaining balances not expended at the end of
the fiscal year will be carried forward into FY 2022-23 for expenditure.
The following table summarizes the funds budgeted and available for expenditure to
deliver construction of this project.
Accounting Unit - Accounting Unit,
Fiscal Fund
Account No.Account No. Amount
YearDescription
(Project No.)Description
2018 Parks Bond Act-
PRCSA
16113264-66220SPD&CR,
2021-22Capital $1,626,904.56
(20-2730)Improvements Other
Grants
Than Building
Public
Works-Prop 1 IRWM Program,
16417643-66220
2021-22Water Improvements Other $1,670,000.00
(22-6621)
Quality & Than Building
Control
Cannabis PRCSA-Youth
01213020-66220Public Services,
2021-22$114,023.44
(20-2730)Benefit Improvements Other
FundsThan Building
Total$3,410,928.00
EXHIBIT(S)
1.Location Map
2.Bid Proposal
3.Construction Contract
4.Cost Analysis
5.Proposition 1 IRWM Grant Agreement – Link: https://www.santa-
ana.org/sites/default/files/pw/documents/IRWM_Grant_Agmt_Exh5_Raitt_and_M
yrtle_Park_Prop_1.pdf
6.FY 2021-22 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Lisa
Rudloff, Executed Director – Parks, Recreation & Community Services Agency
Approved By: Kristine Ridge, City Manager
Project Location
Exhibit 1
SANTA ANA
Project No. 16-7566:
PWA
Raitt and Myrtle Park
PUBLIC WORKS AGENCY
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 3
CITYOFSANTAANA
CONSTRUCTION CONTRACTAGREEMENT
PROJECTNO.:16-7566
MYRTLEPARK
RAITT
st
ThisCONSTRUCTIONCONTRACTismadeandenteredintothis 21dayof September, 2021 byand
between the City of SantaAna,California, a chartercityandmunicipalcorporationorganizedand
existing under the Constitution and laws of the State of California (hereinafter “CITY”), and CEM
Construction (hereinafter “CONTRACTOR”).
WITNESSETH:
TheCITYand the CONTRACTOR,for the considerationhereinafternamed,mutuallyagreeas follows:
1.CONTRACTORagreestoperformall the workandfurnishall the materialsatitsowncostand
expensenecessary to construct andcompletein a good and workmanlike mannerandtothe
satisfaction of theCityEngineer of the CITY, the Raitt and Myrtle Park Project (hereinafter referred
to as the “WORK OF IMPROVEMENT”) identifiedin and in accordance withthe Contracts
Documents prepared by the City’sPublic Works Agency and approved by the City Council.
2.
Standard SpecificationsforPublic Works Constructionandwhich include the following:
Notice Inviting Bids
Information toBidders
Bid Proposal
BidBond
ContractForm
ContractBonds
GeneralProvisions
SpecialProvisions
TechnicalProvisionsandProjectPlans
Community WorkforceAgreement
Appendices
Incase of conflictbetween the Contract Documents, the precedence of documentsshall be as
establishedin the StandardSpecificationsfor Public Works Construction.
3.CITYagreesto pay andCONTRACTORagreestoacceptinfull payment tocomplete the WORK
OFIMPROVEMENTthe sum totalamount not toexceed Two Million Seven Hundred Seventy Six
Thousand Four Hundred Six and No Cents ($2,776,406), assetforthandidentifiedin the BID
PROPOSAL,whichis attached hereto and incorporated herein as “Exhibit A.”
TheBIDPROPOSAL contains a schedule of unit price(s) or lumpsum(s)based on approximate
quantitiesonly,and the City does not expressly or byimplicationagreethat the actual amount of
workwillcorrespondtherewith,butreserves the righttoincrease or decrease the amount of any
class or portion of the work or toomitportions of the workasmay be deemednecessary or
advisable.
1of3
EXHIBIT 3
CITYOFSANTAANA
CONSTRUCTION CONTRACTAGREEMENT
PROJECTNO.:16-7566
MYRTLEPARK
RAITT
4.CONTRACTORagreestocomplete the WORKOFIMPROVEMENTwithin the timespecifiedin
commencing constructionwithinthe timeframetherein specifiedafter issuanceof a Noticeto
Proceed.
5.TheCONTRACTORwillpay,andwillrequireallsubcontractorstopay,allemployees on the
WORKOFIMPROVEMENT a salary or wageatleastequalto the prevailing salaryorwage
establishedforsuchworkassetforthin the wage determinations forthisworkinaccordancewith
applicable StateandFederallaw.
6. If applicable, the CONTRACTORshall adhereto the CITY’SCommunity Workforce Agreement
(CWA), a pre-hirecollective bargaining agreement,whichestablishes the labor relations policiesand
proceduresforCONTRACTOR to followin the crafts persons employed tocomplete the WORKOF
websiteat:
http://www.santa-ana.org/pwa/documents/CWA.pdf
7.CONTRACTORshall,afteraward of thisContract,furnishtwo bonds to be approved by the CITY,
one in the amount of One Hundred Percent(100%) of the Contractprice,toguarantee the faithful
performance of the work(Performance Bond), and one in the amount of One Hundred Percent
(100%) of the Contractpricetoguaranteepayment of allclaimsforlaborandmaterials furnished
(Payment Bond). ThisContractshall not becomeeffective until such bonds are supplied toand
approved by the CITY.
8.CONTRACTORshall,priorto the release of the performanceand payment bonds or the retention
payment, furnish a warrantyperformanceandpayment bond(Warranty Bond). SaidWarranty Bond
shallalso be requiredas a condition of projectacceptance.Forprojects up toFiveHundred
Thousand Dollars ($500,000), the WarrantyBondamountshall be the greater of TenThousand
Dollars ($10,000) or TwentyPercent(20%) of the finalcontractprice.Forprojects above Five
Hundred ThousandDollars ($500,000), the Warranty Bond amount shall be the greater of One
Hundred ThousandDollars ($100,000) or TenPercent(10%) of thefinalcontractprice.
9.CONTRACTORshall,afteraward of thisContract,furnishCertificates of Liability Insurance and
CITY.
10.INDEMNIFICATION.
To the fullestextentallowedbylaw,CONTRACTORandits Subcontractors herebyagreetodefend,
indemnify, and hold harmlessCITY,itsCity Council, boards andcommissions,officers,agents,
employees,representativesandvolunteers(hereinaftercollectivelyreferredtoas"Indemnitees"),
through legal counsel acceptabletoCITY,fromandagainstanyliability,claims,actions,costs,
damage
person or damagetoany property, arisingdirectly or indirectlyfrom, or inanymannerrelatingto,
anyof the following:
(i)Performance or nonperformance of the Workof Improvement byCONTRACTOR or its
Subcontractors of anylowertier;
(ii)Performance or nonperformance byCONTRACTOR or its Subcontractors of anylowertier,
2of3
EXHIBIT 3
EXHIBIT 3
EXHIBIT 3
EXHIBIT 3
EXHIBIT 3
EXHIBIT 3
Exhibit 4
Public Works Agency
www.santa-ana.org/pw
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Construction Funding and Construction Engineering Services
AGENDA TITLE
Approve Appropriation Adjustments and Amendments to the FY 2021-22 Capital
Improvement Program to Increase Project Contingencies and Construction Funding for
the South Main Street Corridor Improvements Project, and an Amendment to the
Agreement with Butier Engineering, Inc. to Increase the Agreement Amount by $200,000
and the Agreement Contingency by $100,000, for a Total Amount not to Exceed
$1,236,924 (Project Nos. 18-6911, 20-6958, 21-6451, 21-6461) (Non-General Fund)
RECOMMENDED ACTION
1.Approve an appropriation adjustment to recognize $275,000 of prior year fund balance
in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward
revenue account and appropriate the same amount to the Sanitary Sewer Fund,
Capital Recovery Charges, Improvements Other Than Building expenditure account.
2.Approve an appropriation adjustment to recognize $1,500,000 from prior year fund
balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward
and appropriate the same amount to the Acquisition & Construction, Water Utility
Capital Projects, Water Capital Project expenditure account.
3.Approve an appropriation adjustment to recognize $1,500,000 from prior year fund
balance in the Special Gas Tax Fund, Prior Year Carry Forward revenue account,
transferring the funds to the Select Street Construction revenue account, and
appropriating the same amount to the Select Street Construction, HUTA 2103 Gas
Tax, Improvements Other Than Building expenditure account.
4.Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $275,000 in construction funds for the South Main Street Sewer Improvements
Project (Project No. 21-6451).
5.Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $1,500,000 in construction funds for South Main Street Water Improvements
Project (Project No. 21-6461).
Approve Appropriation Adjustment
September 21, 2021
Page 2
6.Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $750,000 in construction funds for Main Street Rehabilitation from Edinger
Avenue to First Street (Project No. 18-6911).
7.Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $750,000 in construction funds for Main Street Rehabilitation from Warner
Avenue to Edinger Avenue (Project No. 20-6958).
8.Authorize the City Manager to execute an amendment to the agreement with Butier
Engineering, Inc. for construction engineering services to increase the agreement
amount by $200,000 and the contingency by $100,000, for a total agreement amount
of $1,236,924, subject to non-substantive changes approved by the City Manager and
the City Attorney.
9.Approve an amendment to the Project Cost Analysis in the amount of $3,275,000 for
$1,630,000 in additional contingency funds, $1,500,000 in street light contingencies,
and $145,000 in additional contract administration, inspection and testing for a new
estimated total construction delivery cost of $21,584,245. The new estimated total
construction delivery costs include $12,759,695 for the construction contract,
$1,899,050 for contract administration, inspection and testing, and a $6,925,500
project contingency for unanticipated or unforeseen work, subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
On January 19, 2021, the City Council awarded a construction contract to C.S. Legacy
Construction for the South Main Street Corridor Improvements (Exhibit 1). The project’s
scope of work includes: monument signs, enhanced lighting, hardscaping, landscaping,
irrigation, traffic signals, signing, striping, street pavement rehabilitation, sewer main
replacement, and water main repair over a 2.5-mile stretch of Main Street from First Street
to Dyer Road.
During construction, unidentified utilities were encountered along the sewer main
alignment, requiring a revision to the sewer main infrastructure at those locations.
Additionally, it was determined that existing soil conditions are not suitable to be reused
as backfill material within the sewer trench. Because of these unforeseen conditions,
staff recommends adding $275,000 in Sanitary Sewer funding to the project
contingencies (Exhibit 2).
The Public Works’ Water Resources staff has determined that the water main line and
laterals between Edinger Avenue and Warner Avenue have deteriorated and are
undersized. To prevent system failure, the main and laterals will need to be replaced. At
the time of the contract award, due to concerns about the condition of the existing water
main, the City Council approved $2,500,000 for “Water Main Repair Contingencies.”
However, upon conducting thorough field investigations and receiving quotes to do the
Approve Appropriation Adjustment
September 21, 2021
Page 3
required repair, additional monies are needed to complete the scope. Staff recommends
adding $1,355,000 of Water Utility Capital funding to the project contingencies (Exhibit
2).
The scope of the project also includes replacing the street lighting system on Main Street
from Warner Avenue to First Street. The original intent was to utilize the existing street
lighting conduit and replace the wiring; however, this is no longer feasible. The existing
conduit has deteriorated to a point where it is jeopardizing the existing lighting
infrastructure on Main Street. Approximately 21,000 linear feet of 2-inch electrical conduit
will need to be installed throughout the corridor. Because of these unsafe and
unforeseen conditions, staff recommends adding $1,500,000 in Gas Tax funding to the
project funding (Exhibit 2) for expenditure on the replacement of the existing conduit. The
installation of the new conduit will be performed by one of the City’s on-call emergency
contractors. Under a separate City Council action, the contractual capacity for the on-call
emergency construction agreement will be increased to accommodate this work.
On January 19, 2021, the City Council authorized the City Manager to execute an
agreement with Butier Engineering, Inc., to provide construction engineering services for
the South Main Corridor Improvement Project. Due to issues encountered during
construction and the significant expansion of the project scope, the $936,924 originally
allocated for this agreement will not be sufficient to complete the project.
Staff requests approval of an amendment to increase the agreement amount by $200,000
and the contingency by $100,000, for a total of $1,236,924, for construction engineering
services (Exhibit 3). The increased agreement capacity will allow for continued oversight
and consistency in delivering the project. These services augment City staff efforts to
ensure the timely delivery of the project. $155,000 for this amendment is available in
existing project funding. Staff recommends adding $145,000 of Water Utility Capital
funding to complete the funding for the agreement amendment.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review Nos. ER-
2020-103, ER-2020-105, ER-2020-109, and ER-2020-110 were filed for the project.
FISCAL IMPACT
Approval of the requested Appropriation Adjustments will provide the following funding:
1.Recognize $275,000 from prior year fund balance in the Sanitary Sewer Fund,
Capital Recovery Charges, Prior Year Carryforward revenue account (No.
05417002-50001) and appropriate the same amount to the Sanitary Sewer Fund,
Capital Recovery Charges, Improvements Other Than Building expenditure
account (No. 05417647-66220).
Approve Appropriation Adjustment
September 21, 2021
Page 4
2.Recognize $1,500,000 from prior year fund balance in the Water Fund, Public
Works Water Revenue, Prior Year Carryforward revenue account (No. 06017002-
50001) and appropriate the same amount to the Acquisition & Construction, Water
Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-
66301).
3.Recognize $1,500,000 from prior year fund balance in the Special Gas Tax Fund,
Prior Year Carry Forward revenue account (No. 02917002-50001), transferring the
funds to the Select Street Construction revenue account (No. 05917002-59000-
029), and appropriating the same amount to the Select Street Construction, HUTA
2103 Gas Tax, Improvements Other Than Building expenditure account (No.
05917663-66220).
All funds are available for expenditure in Fiscal Year 2021-22; however, any remaining
balances not expended at the end of the fiscal year will be carried forward into FY 2022-
23 for expenditure (Exhibit 4).
The following table summarizes the $3,275,000 that will be made available by this Council
action to fund the additional construction costs:
Accounting Unit - Accounting Unit –
Fiscal Fund
Account No.Account No. Amount
YearDescription
(Project No.)Description
APPROPRIATION ADJUSTMENTS
Capital Recovery
SanitaryCharges,
05417647-66220
2021-22SewerImprovements Other $275,000
(21-6451)
CapitalThan
Building
WaterWater Utility Capital
06617647-66301
2021-22Acquisition &Projects,$1,355,000
(21-6461)
ConstructionWater Capital Project
WaterWater Utility Capital
06617647-66301
2021-22Acquisition &Projects,$145,000
(21-6461)
ConstructionWater Capital Project
Gas Tax HUTA 2103,
Select Street
05917663-66220
Improvements Other $750,000
2021-22
(18-6911)
Construction
Than Building
Approve Appropriation Adjustment
September 21, 2021
Page 5
Gas Tax HUTA 2103,
Select Street
05917663-66220
Improvements Other $750,000
2021-22
(20-6958)Construction
Than Building
Total:$3,275,000
EXHIBIT(S)
1.Staff Report: Construction Contract Award 1/19/2021
2.Amendment to Fiscal Year 2021-22 CIP
3.Amendment to Agreement with Butier Engineering
4.Revised Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
Public Works Agency
https://www.santa-ana.org/pw
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 19, 2021
TOPIC: Approve Appropriation Adjustments, Amend CIP, and Award Construction
Contract South Main Street Corridor Improvements Project
AGENDA TITLE:
Approve appropriation adjustments, approve amendments to the FY 2020-21 Capital
Improvement Program, and award a construction contract to C.S. Legacy Construction,
Inc. in the amount of $12,759,695 for the South Main Street Corridor Improvements
Project with an estimated total delivery cost of $18,309,245 (Project Nos. 17-9001,18-
6911, 19-6940 20-6958, 21-6014, 21-6451, 21-6461) (Non-General & General Fund)
RECOMMENDED ACTION
1.Approve an appropriation adjustment to recognize $3,791,468 of prior year fund
balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year
Carryforward revenue account and appropriate the same amount to the Sanitary
Sewer Fund, Capital Recovery Charges, Improvements Other Than Building
expenditure account.
2.Approve an appropriation adjustment to recognize $3,863,143 of prior year fund
balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward
and appropriate the same amount to the Acquisition & Construction, Water Utility
Capital Projects, Water Capital Project expenditure account.
3.Approve an appropriation adjustment to recognize $71,407 of prior year fund
balance in the Peebler Fund Capital Project Revenue, Prior Year Carryforward and
appropriate the same amount to the Peebler Fund Capital Project, Improvements
Other Than Building expenditure account.
4.Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program
to include $3,791,468 in construction funds for the South Main Street Sewer
Improvements Project (Project No. 21-6451).
5.Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program
to include $3,863,143 in construction funds for South Main Street Water
Improvements Project (Project No. 21-6461).
6.Reject Bid Protest and award a construction contract to C.S. Legacy Construction,
Inc., the lowest responsible bidder, in accordance with the base bid and bid
alternatives 1, 2, 3, 4, 5, 7, and 8 in the amount of $12,759,695, for construction of
the South Main Street Corridor Improvements Project, for the term beginning
January 19, 2020 and ending upon project completion, and authorize the City
Approve Appropriation Adjustments, Amend CIP, and Award Construction Contract South
Main Street Corridor Improvements Project
January 19, 2021
Page 2
Manager to execute the contract subject to non-substantive changes approved by
the City Manager and the City Attorney.
7.Approve the Project Cost Analysis for a total estimated construction delivery cost
of $18,309,245, which includes $12,759,695 for the construction contract,
$1,599,050 for contract administration, inspection and testing; and a $3,950,500
project contingency for unanticipated or unforeseen work.
DISCUSSION
The South Main Street Corridor is a diverse and vibrant community with rich history and
culture. The South Main Street Corridor Improvements Project is the implementation of
many years of effort, community input and planning which resulted in the South Main
Street Vision Plan that was adopted in 2016. This project will create a safer and more
vibrant street for the community by revitalizing a 2.5-mile stretch of Main Street from First
Street to Dyer Road (Exhibit 1).
The construction scope of work includes monument signs, enhanced lighting,
hardscaping, landscaping, irrigation, traffic signals, signing, striping, and street pavement
rehabilitation, which will take place concurrently as part of a Water Resources Division
project. These improvements will establish a sense of arrival, safe walkability, and
promote effective placemaking through traffic calming, hardscape softening, and
community monuments.
In order to ensure all infrastructure is addressed as part of the South Main Corridor
project, the Water Resources Division identified needed water and sewer improvements.
The proposed improvements will replace aging and deficient water mains, sewer mains,
fire hydrants, sewer maintenance holes, water services, and sewer laterals within the
project limits. The proposed appropriation adjustment and Capital Improvement Projects
amendments will allow for these improvements to be included and built in coordination
with the South Main Street Improvements (Exhibit 2).
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 809
regional vendors via PlanetBids, many of which are Santa Ana based. One hundred
fifteen vendors requested bidding documents, and a total of seven bids were received.
Bids were not received from any Santa Ana contractors.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register
newspaper on September 1 and September 5, 2020. The project was also advertised in
PlanetBids from September 1, 2020 through November 4, 2020. Bids were received
electronically via PlanetBids on November 4, 2020.
Approve Appropriation Adjustments, Amend CIP, and Award Construction Contract South
Main Street Corridor Improvements Project
January 19, 2021
Page 3
Bid Results Summary
BASE BID +
ALTERNATE
RANK BIDDER’S NAMELOCATION
BID 1,2,3,4,5,7,&
8
1C.S. Legacy Construction, Inc.Chino $ 12,759,695
2Lonerock, Inc.Irvine $ 13,015,290
3Excel Paving Co.Long Beach $14,459,791
4EBS General Engineering, Inc.Corona $14,517,390
5Beador ConstructionCorona $15,159,700
6Griffith CompanySanta Fe Springs $15,699,283
7PUB Construction, Inc.Diamond Bar $17,794,905
A total of seven bids were received and all were deemed responsive. C.S. Legacy
Construction, Inc. submitted the lowest responsive base bid in the amount of
$9,018,834.03 (Exhibit 3). As specified in the bid documents, the lowest bid shall be
determined on the basis of the Base Bid. The City has the option to add one, all, or a
combination of alternate bids. Based on the bid analysis and a contractor’s reference
check, staff recommends awarding the construction contract to C.S. Legacy Construction,
Inc., in the amount of the base bid and bid alternates 1, 2, 3, 4, 5, 7, and 8, totaling
$12,759,695 (Exhibit 4).
A Bid Protest was submitted to the City by the second lowest bidder, Lonerock, Inc. who
challenged the responsiveness of the apparent low bidder. Subsequently, a hearing was
held on November 25, 2020 in which Lonerock, Inc articulated their position on the
Protest. Ultimately, the City’s legal counsel and Public Works staff found the minor
irregularities in the C.S. Legacy Construction, Inc. bid to be immaterial. Staff
recommends waiving the protest and awarding the contract to C.S. Legacy Construction
Inc.
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes construction administration, inspection, and testing, along
with an allowance for contingencies to account for unexpected or unforeseen conditions.
Construction administration and inspection includes construction management;
implementation of the City’s Community Workforce Agreement requirements; inspection
of the Contractor’s work to ensure contract compliance, workmanship, and quality; and
materials testing.
Approve Appropriation Adjustments, Amend CIP, and Award Construction Contract South
Main Street Corridor Improvements Project
January 19, 2021
Page 4
As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the
estimated total construction delivery cost of the project is $18,309,245. In accordance
with the Public Works Agency’s “Dig-Once” philosophy, during construction, the condition
of the waterline will be assessed. If it is determined that repairs or replacement are
needed, this work will be added to the project to avoid unnecessary future impacts to the
new improvements or disruptions to the community. An allowance of $2,500,000 is
budgeted for this potential water main work and will only be used if needed.
Project ItemTotal
Construction Contract
$12,759,695
Construction Administration, Inspection, Testing
$1,599,050
Project Contingencies
$1,450,500
Water Main Repair Contingencies
$2,500,000
TOTAL CONSTRUCTION DELIVERY COST
$18,309,245
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review Nos. ER-
2020-102, ER-2020-103, ER-2020-104, ER-2020-105, ER-2020-109, and ER-2020-110
were filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $18,309,245, which includes construction, contract administration, inspection,
testing, and authorized contingencies of $3,950,500. Approval of the requested
Appropriation Adjustments will provide the following funding:
1.Recognize $3,791,468 from prior year fund balance in the Sanitary Sewer Fund,
Capital Recovery Charges, Prior Year Carryforward revenue account (No.
05417001-50001) and appropriate the same amount to the Sanitary Sewer Fund,
Capital Recovery Charges, Improvements Other Than Building expenditure
account (No. 05717647-66220).
2.Recognize $3,863,143 from prior year fund balance in the Water Fund, Public
Works Water Revenue, Prior Year Carryforward revenue account (No. 06017002-
50001) and appropriate the same amount to the Acquisition & Construction, Water
Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-
66301).
3.Recognize $71,407 from prior year fund balance in the Peebler Fund Capital
Project Revenue, Prior Year Carryforward revenue account (no. 41818002-50001)
Approve Appropriation Adjustments, Amend CIP, and Award Construction Contract South
Main Street Corridor Improvements Project
January 19, 2021
Page 5
and appropriate the same amount to the Peebler Fund Capital Project,
Improvements Other Than Building expenditure account (No. 41818830-66220).
All funds are available for expenditure in Fiscal Year 2020-21; however, any remaining
balances not expended at the end of the fiscal year will be carried forward into FY 2021-
22 for expenditure.
The following table summarizes the funds budgeted for expenditure to deliver
construction of this project:
Accounting
Fiscal Unit - Account Fund Accounting Unit -
Amount
YearNo.DescriptionAccount No. Description
(Project No.)
APPROPRIATION ADJUSTMENTS
05417647-Sanitary Capital Recovery Charges,
2020-
66220Sewer Improvements Other Than $3,791,468
21
(21-6451)CapitalBuilding
06617647-Water Water Utility Capital
2020-
66301Acquisition & Projects,$3,863,143
21
(21-6461)ConstructionWater Capital Project
Peebler Fund Capital
2020-41818830-Projects,
CDA Capital$71,407
2166220Improvements Other Than
Building
EXISTING BUDGET
Peebler Fund Capital
41818830-
2020-Projects,
66220CDA Capital$3,702,362
21Improvements Other Than
(17-9001)
Building
41818831-South Main Redevelopment
2020-
66220 CDA CapitalProject, Improvements $2,024,774
21
(17-9001)Other Than Building
01117621-Bus Shelter Program,
2020-General
66220 Improvements Other Than $180,500
21Fund
(21-6014)Building
Measure M2 Local
03217662-Measure M
2020-Fairshare,
66220Street $607,000
21Improvements Other Than
(18-6911)Construction
Building
Approve Appropriation Adjustments, Amend CIP, and Award Construction Contract South
Main Street Corridor Improvements Project
January 19, 2021
Page 6
Accounting
Fiscal Unit - Account Fund Accounting Unit -
Amount
YearNo.DescriptionAccount No. Description
(Project No.)
Gas Tax SB1 Road
05917665-Maintenance &
2020-Select Street
66220Rehabilitation Account,$1,148,541
21Construction
(20-6958)Improvements Other Than
Building
05417647-Sanitary Capital Recovery Charges,
2020-
66220Sewer Improvements Other Than $2,365,000
21
(21-6451)CapitalBuilding
Gas Tax SB1 Road
05917665-Maintenance &
2020-Select Street
66220Rehabilitation Account,$555,050
21Construction
(19-6940)Improvements Other Than
Building
Total$18,309,245
EXHIBIT(S)
1. Location Map
2. Amended 20/21 CIP Sheets
3. Bid Proposal
4. Construction Contract
5. Cost Analysis
Submitted By:
Nabil Saba, Executive Dir Public Works
Approved By: Kristine Ridge, City Manager
.-.-
DATE:1:.Bvh.3132
FY 27/28FY 27/28
.-.-
FY 26/27FY 26/27
.-.-
FY 25/26FY 25/26
.-.-
FY 24/25FY 24/25
PROJECT NEED:Uijt!qspkfdu!jt!sfrvjsfe!up!nbjoubjo!fggfdujwf!pqfsbujpo!pg!uif!Djuz(t!tbojubsz!tfxfs!tztufn-!fmjnjobuf!tfxfs!nbjo!pctusvdujpot-!sfevdf!tfxfs!nbjoufobodf!sfrvjsfnfout-!boe!qsfwfou!tfxfs!
tqjmmt/
.-.-
FY 23/24FY 23/24
CONTACT:Bsnboep!Gfsoboef{-!Tfojps!Djwjm!Fohjoffs
FY 22/23FY 22/23
111 000
,000-111
FY 21/22FY 21/22
TOTALTOTAL
CITY OF SANTA ANA FY 21/22CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:Xbufs!Sftpvsdft
PROJECT DESCRIPTION:Uijt!qspkfdu!xjmm!sfqmbdf!fyjtujoh!efufsjpsbufe!boe!pwfs!dbqbdjuz!tfxfs!nbjot-!boe!sfmbufe!tfxfs!bttfut-!tvdi!bt!nboipmft!boe!mbufsbmt/
DpotusvdujpoTFXFS
PROJECT COSTSSOURCE OF FUNDS
PROJECT TITLE:Tpvui!Nbjo!Tusffu!Tfxfs!Nbjo!Jnqspwfnfout PROJECT CATEGORY:Vujmjuz0Esbjobhf0MjhiujohJnqspwfnfoutTfxfs!Jnqspwfnfout
LOCATION MAP
AGENCY:Qvcmjd!Xpslt
.-.-
DATE:1:.Bvh.3132
FY 27/28FY 27/28
.-.-
FY 26/27FY 26/27
.-.-
FY 25/26FY 25/26
.-.-
FY 24/25FY 24/25
PROJECT NEED:Sfqmbdfnfou!pg!pctpmfuf!xbufs!nbjot!up!fotvsf!tztufn!sfmjbcjmjuz!boe!up!qspufdu!xbufs!rvbmjuz/
.-.-
FY 23/24FY 23/24
CONTACT:Bsnboep!Gfsoboef{-!Tfojps!Djwjm!Fohjoffs
FY 22/23FY 22/23
11-111 00,000 11-111 00,000
FY 21/22FY 21/22
2-1,2-1,
TOTALTOTAL
CITY OF SANTA ANA FY 21/22CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:Xbufs!Sftpvsdft
PROJECT DESCRIPTION:Uijt!qspkfdu!xjmm!sfqmbdf!bhjoh!xbufs!ejtusjcvujpo!qjqfmjoft!boe!sfmbufe!bqqvsufobodft!jodmvejoh!gjsf!izesbout!boe!wbmwft!bmpoh!Tpvui!Nbjo!Tu!gspn!2tu!Tu!up!Xbsofs!Bwf/
DpotusvdujpoXBUFS!DBQJUBM
PROJECT COSTSSOURCE OF FUNDS
PROJECT TITLE:Tpvui!Nbjo!Tusffu!Xbufs!Nbjo!Jnqspwfnfout PROJECT CATEGORY:Vujmjuz0Esbjobhf0MjhiujohJnqspwfnfoutXbufs!Jnqspwfnfout
LOCATION MAP
AGENCY:Qvcmjd!Xpslt
.-.-
DATE:
FY 27/28FY 27/28
.-.-
FY 26/27FY 26/27
.-.-
FY 25/26FY 25/26
.-.-
FY 24/25FY 24/25
PROJECT NEED:
.-.-
FY 23/24FY 23/24
CONTACT:
.-.-
FY 22/23FY 22/23
861-111 750,000 861-111 750,000
FY 21/22FY 21/22
TOTALTOTAL
CITY OF SANTA ANA FY 21/22CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:
PROJECT DESCRIPTION:
DpotusvdujpoHBT!UBY
PROJECT COSTSSOURCE OF FUNDS
PROJECT TITLE:PROJECT CATEGORY:
LOCATION MAP
AGENCY:
.-.-
DATE:
FY 27/28FY 27/28
.-.-
FY 26/27FY 26/27
.-.-
FY 25/26FY 25/26
.-.-
FY 24/25FY 24/25
PROJECT NEED:
.-.-
FY 23/24FY 23/24
CONTACT:
.-.-
FY 22/23FY 22/23
861-111 750,000 861-111 750,000
FY 21/22FY 21/22
TOTALTOTAL
CITY OF SANTA ANA FY 21/22CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:
PROJECT DESCRIPTION:
DpotusvdujpoHBT!UBY
PROJECT COSTSSOURCE OF FUNDS
PROJECT TITLE:PROJECT CATEGORY:
LOCATION MAP
AGENCY:
COST ANALYSIS
CONSTRUCTION OF PROJECT NOS. 17-9001, 18-6911, 20-6958, 21-6451, 21-6461, & 19-6940: SOUTH MAIN
STREET CORRIDOR IMPROVEMENTS
Original Cost AnalysisAmount AddedUpdated Cost Analysis
Construction Contract$ 12,759,695.00$ 12,759,695.00
Contract Administration$ 942,191.00$ 145,000.00$ 1,242,191.00
Inspection and Testing$ 656,859.00$ 656,859.00
Contingencies$ 3,950,500.00$ 1,630,000.00$ 6,925,500.00
Street Light Contingencies 0.00$ 1,500,000.00
TOTAL ESTIMATED CONSTRUCTION COSTS$ 18,309,245.00$ 3,275,000.00$ 21,584,245.00
2118
Finance and Management Services
www.santa-ana.org/finance
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Carry-Over of Unspent Amounts from Fiscal Year 2020-21 to Fiscal Year 2021-
22
AGENDA TITLE:
Approve Appropriation Adjustment to Carry Over Unspent Amounts from Fiscal Year
2020-21 to Fiscal Year 2021-22
RECOMMENDED ACTION
1.Approve an Appropriation Adjustment to reduce the FY 2020-21 budget for unspent
amounts to be carried over to FY 2021-22.
2.Approve an Appropriation Adjustment to increase the FY 2021-22 budget for amounts
carried forward from FY 2020-21.
DISCUSSION
Carry Over Unspent Budgets from FY 2020-21
It is common for a city to budget for non-recurring (one-time) expenditures, such as
construction projects, which are not completed by the close of the fiscal year on June 30.
When this happens, the City Council may approve “carry-over” of the unspent budget
from one fiscal year to the next to provide resources for project completion. Staff typically
does not request carry-over for recurring operating budget amounts unless projects have
not begun, with initial maintenance/operating costs, as each annual budget already
includes provisions for operational expenses.
The City Council adopts a budget one year at a time and the City’s Charter requires City
Council approval for appropriation adjustments. Increasing the current year’s budget for
unspent amounts carried over from the prior year constitutes an appropriation adjustment.
Staff has compiled a list of carry-over requests (Exhibit 1) such as multi-year capital/grant
projects, delayed purchases impacted by COVID-19, and improvements to City-owned
fire stations. The list includes the: accounting unit, project description and status, and
amount. All requests were reviewed with City departments and analyzed to ensure the
unspent budget is available at the accounting unit and fund levels and the allocation is
non-recurring.
Approve appropriation adjustment to carryover unspent amounts from
Fiscal year 2020-21 to fiscal year 2021-22.
September 21, 2021
Page 2
Each amount on the list includes the amount available one month after the end of FY
2020-21. Staff continues to pay FY 2020-21 invoices through the end of August and
complete the reconciliation of accounts in October. The FY 2020-21 ledger will not be
final and closed until the financial statements have been audited in November. Therefore,
the requested carry-overs are “maximum” amounts. The actual amounts processed for
carryover will be limited to available budget once the FY 2020-21 ledger is closed and is
summarized by fund (Exhibit 2). Staff will update FY21-22 revenue estimates for
reimbursement grants tied to Carryover amounts (i.e. CDBG) to reflect reimbursement
timing.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with the recommended actions to carryover unspent
appropriations. The previously authorized expenditures will be spent in a later period,
which only impacts the timing of cash flow.
EXHIBIT
1.List of requests to carryover unspent appropriations
2.List of requests to carryover unspent appropriations by fund
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Kristine Ridge, City Manager
ListofRequeststoCarryoverUnspentAppropriationsbyFund
FY2021BalancestoFY2122
AsofAugust31,2021
FY2021
AvailableBalanceasof
FundFundNameBudgetExpendituresCarryForward
August31,2021
011GeneralFundClerkOfTheCouncil1,457,5391,131,287326,25250,000
011GeneralFundFinance9,626,2568,783,421842,836842,400
011GeneralFundLibraryServices5,568,7894,778,102790,688151,800
011GeneralFundRecreation&CommunityServices23,257,92221,562,0011,695,921359,800
011GeneralFundPoliceDepartment135,101,987133,818,7421,283,24559,200
011GeneralFundFireDepartment46,733,97745,772,912961,065625,000
011GeneralFundPlanning&Building17,109,03214,962,2272,146,804814,900
011GeneralFundPWA16,644,25813,843,3932,800,8651,172,400
011GeneralFundCommunityDevelopment4,232,8743,355,274877,60019,300
012CannabisSetAsideParks,Rec,&CommServ10,868,8084,158,5136,710,2946,137,400
029SPECIALGASTAX24,733,0189,559,97015,173,04814,614,400
031AIRQUALITYIMPR.(AB2766)1,467,260236,0951,231,16552,100
032MEASUREMSTREETCONSTRUCTION44,699,7387,899,83636,799,90236,695,500
034NEWTRANSPOSYSIMPRAREAE434,49625,597408,899409,000
035NEWTRANSPOSYSIMPRAREAF1,570,65658,6871,511,9691,512,000
051CAPITALOUTLAYFUND4,381,3311,213,2523,168,0792,832,300
053CITYSERVICES4,440,734937,4113,503,322119,900
054SANITARYSEWERCAPITAL22,097,7042,852,94119,244,76316,198,800
055SEWERCONNECTIONFEE11,005,4012,220,8018,784,6008,784,700
056SANITARYSEWERSERVICE8,877,4266,844,2862,033,1401,205,700
057FEDCLEANWATERPROTECTIONENT6,594,1571,874,2974,719,861889,500
059SELECTSTREETCONSTRUCTION30,612,3616,005,27724,607,08424,303,100
060WATERREVENUE93,687,18860,373,27633,313,912846,500
066ACQUISITION&CONSTRUCTION42,642,8077,995,08734,647,72019,577,800
067REGIONALTRANSPCENTER2,451,6151,904,541547,07495,600
068SANITATIONFUND10,426,1785,110,5525,315,6263,125,100
069REFUSECOLLECTIONSERVICE15,115,14312,937,8922,177,25191,100
070EQUIPMENTREPLACEMENT1,731,6481,048,951682,697391,800
071CENTRALSERVICES791,628649,190142,43821,800
080LIABILITYANDPROPERTYINSFND12,631,5267,848,1474,783,379203,300
082WORKERSCOMPENSATIONFUND11,379,7949,768,8881,610,90671,000
088QUALITYSERVICETRAINING332,50025,000307,500307,500
101PUBWKSADMIN&PLANNING8,744,3667,478,1721,266,194326,400
109INFORMATIONTECHNOLOGY16,768,2648,890,8127,877,452309,000
122EMERGENCYANDHEALTHGRANTS11,848,0025,580,5376,267,4655,342,400
123WORKFORCEINNOVANDOPPACT3,017,6972,445,587572,110571,900
124ORANGECOUNTYGRANTS1,366,851587,085779,766500,000
125OESUASI11,122,4711,624,2479,498,224903,500
130HOMEPROGRAMFEDERALGRANT7,574,593201,6627,372,9313,951,800
135COMMUNITYDEVBLOCKGRANT33,184,60415,499,32617,685,2786,279,200
140HOUSINGAUTHORITYVOUCHERADM3,352,9801,934,6221,418,35829,100
144PRISONTOEMPLOYMENTPROGRAM3,816,9701,035,5832,781,387428,900
147FEDERALAIDSAFETYPROGRAM2,017,6431,357,515660,128660,400
148TRAFFICSYSTEMMGMTGRANT37,761,5037,325,47530,436,02830,418,000
152PUBLICLIBRARYGRANTFUND80,00067,64712,35312,400
154LIBRARYSVCS&TECHNOLOGYACT16,50016,50016,500
157HSGADMINCARESACTCOVID191,280,6131,274,9135,7005,700
158PLANNINGGRANTSPROGRAM4,133,53884,9334,048,6053,550,200
161PRCSACAPITALGRANTS8,037,275350,4507,686,8257,687,000
162ENERGYCONSERVATIONPROGRAM176,807176,807176,900
164PUBWKSWTRQUALITY&CONTROL6,881,6741,272,1885,609,4865,509,500
165OFFICEOFSAFETYGRANT870,960592,574278,38680,700
166USDOJASSETFORFEITUREFUND1,602,443498,6661,103,777366,500
169RECREATIONGRANTSFUND336,50748,615287,8924,100
ListofRequeststoCarryoverUnspentAppropriationsbyFund
FY2021BalancestoFY2122
AsofAugust31,2021
FY2021
AvailableBalanceasof
FundFundNameBudgetExpendituresCarryForward
August31,2021
181AMERICANRESCUEPLANACT(ARPA)64,180,000265,00063,915,00063,915,000
223LOCALDRAINAGEAREAIII41,0551,82939,22639,300
224LOCALDRAINAGEAREAIV500,481117,046383,435383,600
301REC/COMMSVS129,7332,275127,458127,500
311RESIDENTIALDEVELOPDISTRICT12,104,05081,7612,022,2891,981,900
312RESIDENTIALDEVELOPDISTRICT22,742,267677,3122,064,9551,923,500
313RESIDENTIALDEVELOPDISTRICT35,226,22363,6445,162,5795,162,800
314RESIDENTIALDEVELOPDISTRICT4476,298358,649117,64948,700
417CDAINCLUSIONARYHOUSINGFEE6,078,830527,6185,551,21212,200
992TRANSYSIMPAUTAREAB3,738,571157,5103,581,0613,581,200
Total871,915,521459,959,101411,956,420286,886,500
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Facility Use Agreement with TKO Youth Foundation for Use of a Portion of the
Fitness Room at Jerome Community Center
AGENDA TITLE:
Approve a Facility Use Agreement with TKO Youth Foundation for Use of a Portion of the
Fitness Room at Jerome Community Center for Boxing Programs
RECOMMENDED ACTION
Authorize the City Manager to execute a facility use agreement with TKO Youth
Foundation for use of a portion of the fitness room at Jerome Community Center for
boxing programs, for a term beginning September 21, 2021 and ending September 30,
2023, for a monthly fee payable to the City starting September 1, 2022 through September
30, 2023, subject to non-substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
TKO Youth Foundation (TKO) is a non-profit California corporation founded in 1994,
whose purpose is to serve as a gang prevention and after school youth program. TKO
has been training local Santa Ana youth in boxing for two decades and offers educational
support that includes scholarships. TKO’s mission is to challenge the youth in their
program to achieve their academic and athletic potential. TKO requires participants in its
program to maintain a minimum grade point average and monitors their academic
performance.
The City acknowledges the community need for programs such as those offered by TKO
that encourage Santa Ana youth to engage in sports and offer supervised activities in a
safe environment after school. The City grants TKO the limited right to use designated
portions of City’s Jerome Community Center Fitness Room to provide boxing classes,
training, and to hold periodic tournaments pursuant to the terms of the proposed
agreement. The portion of the Jerome Center Fitness Room that TKO will be authorized
to use will be on a non-exclusive basis.
City staff, along with a representative from TKO, have prepared a facilities use agreement
Facility Use Agreement with TKO Youth Foundation for Use of a Portion of the Fitness
Room at Jerome Community Center
September 21, 2021
Page 2
(Exhibit 1) to allow TKO to use portions of Jerome Community Center. Below is an
overview of the terms of the agreement:
TERM: The term of this Agreement shall begin on September 21, 2021 and end on
September 30, 2023 unless terminated pursuant to Sections 14 or 16 of the
agreement.
FEES: TKO will pay to City monthly its proportional share of the space for use of the
facility as outlined further in Section 8 of the agreement and a fee determined by the
Miscellaneous Schedule starting September 1, 2022 per month for use of the Facility.
All payments shall be made by the first day of each month in the form of a cashier’s
check or ACH electronic transfer made payable to “City of Santa Ana.”
USE OF FACILITY: TKO will use the Jerome Community Center Fitness Room for
boxing programs. TKO will install a boxing ring (400 square feet), weights and other
strength training equipment (192 square feet), and speed bag mounts for heavy
boxing bag and speed bags (636 square feet). TKO will utilize a storage space (149
square feet) and City lockers exclusively for the boxing program. TKO will be allowed
to make certain non-permanent improvements to the facility as mutually agreed upon
in writing. These improvements include installation of a boxing ring, punching bags.
SERVICES: TKO will provide boxing programs Monday through Friday from 2 to 7
p.m., except when the community center is closed. TKO will provide programs for
youth, amateur, and professional boxers. Boxing Program services will be funded
through annual membership fees ($55) charged to each participant and payable to
TKO. TKO will provide boxing programs to approximately 200 participants annually
and volunteer staff to conduct programs.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Due to the fact that the monthly fee will commence on September 1, 2022, the amount of
the monthly fee will be determine at the time that the fiscal year 2022-2023 miscellaneous
fee schedule is available. Funds will be deposited in the Parks, Recreation and
Community Services, General Fund Revenue Account (No. 01113002-57361-PRCSA
Recreation Facility Rental).
EXHIBIT(S)
1. Facility Use Agreement
Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
Exhibit 1
FACILITY USE AGREEMENTWITH TKO YOUTH FOUNDATION FORUSE OF
THEFITNESS ROOM AT JEROME COMMUNITYCENTER
THIS FACILITYUSEAGREEMENT21, 2021 and
is entered into between the CITY OF SANTA ANA, a charter city and municipal corporation
fornia non-profitcorporation.City and
TKOalso collectively referred to here
RECITALS
A.The City is the owner of JeromeCommunity Center located at 726 South Center Street
in the City of Santa Ana;and
B.TKOis a non-profit Californiacorporationfounded in 1994whose purpose is to serve
as a gang prevention and after school youth program;and
C.TKO has been traininglocal Santa Ana youthin boxingfor two decades and offers
educational support including scholarships
in their program to achieve their academic and athletic potential;and
D.TKO requires participants in its program to maintain a minimum grade point average
and monitors their academic performance; and
E.City acknowledges the community need for programs such as those offered by TKO
that encourage Santa Ana youth to engage in sports and offer supervised activities in a
safe environment after school.
NOW THEREFORE, in consideration of mutual covenants herein contained, the Parties
do hereby promise and agree as follows:
The City hereby grants to TKO the limited right touse the Fitness Room inthe
toprovide boxing classes, training, tohold
periodic tournaments and for equipment storage pursuant tothetermsofthis
Agreement.AttachedasExhibitAand incorporated herein by reference isa
diagram of theCitye location ofthe
Fitness Room .)
Term. The termof this Agreement shall beginon the datesetforth above andend
onSeptember, 2023 unlessterminated pursuant toSections14or16ofthis
Agreement.
Consideration. City acknowledges thepublic benefit provided by TKO totheyouth
of the Cityof Santa Anathrough its program and the fact that, TKO is a non-profit
corporationwith501(c)(3)status.Starting September 1,2022,TKO will pay to
City a fee for use of the Fitness Room, per month, as determined by the
FacilityUse Agreement With TKO YouthFoundation
1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Exhibit 1
Public Works Agency
www.santa-ana.org/pw
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Tustin Avenue Corridor Traffic Signal Synchronization Project (Project 21-6983)
AGENDA TITLE
Approve a Cooperative Agreement with the City of Orange and Partnering Cities for the
Tustin Avenue Corridor Traffic Signal Synchronization Project in an Amount Not to
Exceed $89,305 for the Term Effective Until December 31, 2026 (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a Cooperative Agreement with the cities of
Orange, Anaheim, Placentia, Tustin, and Yorba Linda, which identifies each city’s roles
and responsibilities, including Santa Ana’s match requirement of $89,305, to implement
the Tustin Avenue Corridor Traffic Signal Synchronization Project, for the term beginning
upon full approval of the agreement by all parties and effective until December 31, 2026,
with an option for up to two, one-year extensions, subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
On April 21, 2020, the City Council authorized staff to submit joint applications with
participating agencies to the Orange County Transportation Authority (OCTA) to request
funding consideration of the renewed Measure M2 Regional Traffic Signal
Synchronization Program. The cooperative agreement for the Tustin Avenue project
would provide for inter-jurisdictional traffic signal synchronization and improvements
along the corridor traversing Santa Ana, Orange, Anaheim, Placentia, Tustin, Yorba Linda
and Caltrans jurisdictions (Exhibit 1).
On May 11, 2020, the OCTA Board approved the Measure M2 funding request for Tustin
Avenue project. While the City of Orange will act as lead agency for the project, a
cooperative agreement is necessary to identify the roles and responsibilities of each
participating agency, to maintain inter-jurisdictional synchronization during the three-year
grant period which is scheduled to begin by November 2021. Upon project completion,
responsibility for ongoing signal maintenance will revert to the respective local agencies.
The Measure M2 grant provides $2,762,360. The match commitments from the
participating cities will provide a combined total of $690,590. The City of Santa Ana’s
Tustin Avenue Corridor Project Cooperative Agreement
September 7, 2021
Page 2
share of the matching funds is $89,305, of which $75,905 is cash and $13,400 is in-kind
staff support.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds in the amount of $100,000 are budgeted and available in the Measure M2 Street
Construction Fund (Account No. 03217662-66220, Project No. 21-6983). $89,305 of the
funding is for the City’s share of the project costs and will be spent in the fiscal years
identified in the following estimated spending plan:
Accounting Unit - Accounting Unit -
Fiscal Fund
Account No.Account No. Amount
YearDescription
(Project No.)Description
Measure M
Measure M2 Local
03217662-66220
Fairshare, Improvements
2021-22Street $60,724
(21-6983)
Other Than Building
Construction
Measure M
Measure M2 Local
03217662-66220
Fairshare, Improvements
2022-23Street $12,500
(21-6983)
Other Than Building
Construction
Measure M
Measure M2 Local
03217662-66220
Fairshare, Improvements
2023-24Street $16,081
(21-6983)
Other Than Building
Construction
Total$89,305
EXHIBIT(S)
1.Project Location Map
2.Cooperative Agreement
Submitted By:
Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
5
Tustin Avenue Corridor
Traffic Signal
Synchronization
Improvements
55
NORTHNORTH
22
Westminster Ave
17th St
17th St
Main St
Civic Center Dr
5th St
4th St
Santa Ana Blvd Tustin Ave
1st St
Euclid StNewhope St
Harbor Blvd
Flower St
Raitt St
Bristol St
Fairview StGrand Ave
Edinger Ave
Warner Ave
Dyer Rd
Segerstrom Ave
Alton Ave
MacArthurBlvd.
Bear St
405
SANTA ANA
City Council
Project No. 21-6983:
Agenda Date
Tustin Avenue
PWA
Traffic Signal Synchronization
September 7, 2021
PUBLIC WORKS AGENCY
Exhibit 1
COOPERATIVE AGREEMENT
AMONG THE CITIES OF ORANGE, ANAHEIM, PLACENTIA, SANTA ANA,
TUSTIN AND YORBA LINDA FOR THE
TUSTIN AVENUE/ROSE DRIVE CORRIDOR TRAFFIC SIGNAL
SYNCHRONIZATION PROJECT
THIS COOPERATIVE AGREEMENT ("Agreement") is made and entered into this
day of , 2021 ("Effective Date"), by and among the CITY OF
ORANGE, a municipal corporation ("ORANGE"), the CITY OF ANAHEIM, a municipal
corporation ("ANAHEIM"), the CITY OF PLACENTIA, a municipal corporation
("PLACENTIA"), the CITY OF SANTA ANA, a municipal corporation ("SANTA
ANA"), the CITY OF TUSTIN, a municipal corporation ("TUSTIN"), and the CITY OF
YORBA LINDA, a municipal corporation ("YORBA LINDA"). ORANGE, ANAHEIM,
PLACENTIA, SANTA ANA, TUSTIN AND YORBA LINDA are collectively referred
to herein as "CITIES".
RECITALS
A. ORANGE applied for a grant from the Orange County Transportation
Authority (OCTA) as part of the Renewed Measure M (M2) Regional Traffic Signal
Synchronization Program ("RTSSP") (Project P), aimed to coordinate traffic signals across
multiple jurisdictions to enhance countywide traffic flow and reduce congestion (the
B. The Tustin Avenue/Rose Drive Traffic Signal Synchronization Project (the
"PROJECT") was selected by OCTA as one of the RTSSP projects to be funded in Fiscal
Year 2020-2021, based on an application submitted by ORANGE on behalf of CITIES.
C. OCTA and ORANGE entered into a Master Funding Agreement (Agreement
No. C-1-2777) defining the terms and conditions for approved Measure M2 projects.
D. CITIES desire to initiate and implement the PROJECT, with ORANGE as the
lead agency.
E. CITIES desire to enter into this Agreement to demonstrate their commitment to
improving traffic signal synchronization opportunities for Orange County and to develop and
implement the PROJECT.
F. CITIES desire to set the specific terms, conditions and funding responsibilities
between the CITIES for the implementation of the PROJECT.
NOW, THEREFORE, it is mutually understood and agreed by the CITIES as
follows:
1. TERM
This Agreement shall commence on the Effective Date and continue in full force and
effect until December 31, 2026. This Agreement may be extended for up to two additional
one-year periods upon the mutual written consent of the CITIES.
2. SCOPE OF PROJECT
A. The PROJECT includes improvement at fifty-four (54) traffic signals along Tustin
Avenue (known as Tustin Street in portions of the PROJECT area) and Rose Drive as described
in and at an estimated cost as set forth in the
as Aand incorporated herein by this reference.
B. The PROJECT includes elements identified in the APPLICATION, including
certain hardware and software upgrades to traffic controllers, traffic telecommunications, master
controllers and associated systems (collectively referred to as Traffic Control Elements"), and
these Traffic Control Elements will be constructed and/or installed and implemented as part of the
PROJECT as identified in the APPLICATION, attached as Exhibit .
3. SHARED RESPONSIBILITIES
A. CITIES agree to coordinate the inclusion of other Traffic Control Elements and in-
kind services to be integrated during the construction of the PROJECT that are not included in the
project application and that the applicable city will have the responsibility for verifying and
coordinating during the course of the PROJECT. All costs associated with the inclusion of other
Traffic Control Elements, if any, are the sole responsibility of the city owning each and any of
those other elements during the PROJECT.
B. CITIES agree to implement the PROJECT based on Exhibit A, including a
combined cash and in-kind match of approximately Six Hundred Ninety Thousand Five Hundred
Ninety Dollars ($690,590.00), which equals twenty percent (20%) of the PROJECT cost split with
the following cost contribution of cash and in kind services:
CASH IN-KIND TOTAL MATCH
AGENCY
PI* O&M** PI O&M PI O&M
City of Anaheim $118,412.50 $0.00 $0.00 $3,360.00 $118,412.50 $3,360.00
$118,412.50 $3,360.00 $121,772.50
City of Orange $224,520.00 $12,000.00 $0.00 $0.00 $224,520.00 $12,000.00
$236,520.00 $0.00 $236,520.00
City of Placentia $82,917.50 $3,360.00 $0.00 $0.00 $82,917.50 $3,360.00
$86,277.50 $0.00 $86,277.50
City of Santa Ana $73,545.00 $2,360.00 $12,400.00 $1,000.00 $85,945.00 $3,360.00
$75,905.00 $13,400.00 $89,305.00
City of Tustin $30,225.00 $1,440.00 $0.00 $0.00 $30,225.00 $1,440.00
$31,665.00 $0.00 $31,665.00
City of Yorba Linda $105,220.00 $2,400.00 $17,430.00 $0.00 $122,650.00 $2,400.00
$107,620.00 $17,430.00 $125,050.00
TOTAL MATCH $634,840.00 $21,560.00 $29,830.00 $4,360.00 $664,670.00 $25,920.00
$656,400.00 $34,190.00 $690,590.00
* Primary Implementation Phase
** Operations and Maintenance Phase
2
CITIES agree the final amount and corresponding match may vary and will be based on
the 20% of actual cost of implementing all timing, improvements, and maintenance, as identified
in the project application. OCTA will fund the remaining 80% of the project cost estimated at
Two Million Seven Hundred Sixty-Two Thousand Three Hundred Sixty Dollars ($2,762,360.00).
C. Upon issuance of a Notice to Proceed to the consultant that is selected by ORANGE
through a Request for Proposal, ORANGE may issue invoices to CITIES for up to eighty percent
(80%) of the cash match amount identified in Section 3.B, above, and Exhibit The remaining
cash match amount will be invoiced after the completion of the Primary Implementation Phase of
the PROJECT.
D. CITIES agree that unused PROJECT funds from one city may be used by another
city (with matching fund responsibility) upon mutual written agreement of CITIES.
E. In the event the cost of the PROJECT exceeds the estimates as submitted in the
APPLICATION, ORANGE shall meet with the affected city to determine revisions to the
PROJECT. Any revisions necessitating an increase to the budget(s) or revised funding proposal(s)
are subject to advanced written approval by the affected city. Any cost overruns shall be the
financial responsibility of the jurisdiction where the work improvement occurs or as the case may
be, causes the required improvement.
F. CITIES agree to:
(1) Designate a technical lead person to act as the liaison for the PROJECT.
The liaison and any other required personnel shall attend and participate in all PROJECT-related
meetings and participate on the OCTA Traffic Forum.
(2) Participate, cooperate and coordinate with contractors, consultants, vendors
and staff in good faith using reasonable efforts to resolve any unforeseen issues and disputes
arising out of the PROJECT to the extent practicable with respect to the performance of the
PROJECT.
(3) Participate and support the PROJECT implementation within the timeframe
(4) Provide ORANGE all current intersection, local field master, and/or central
control system timing plans and related data upon request.
(5) Identify and verify the upgrades to Traffic Control Elements to be
constructed and installed as part of the PROJECT and as identified in the project application for
each city.
(6) Coordinate the inclusion of other Traffic Control Elements and in-kind
services, where necessary, that CITIES require for the implementation of the PROJECT but are
3
not included in the project application. Each city shall be responsible for the inclusion of such
elements within reason.
(7) Maintain PROJECT-related signals and telecommunications equipment
with high priority during the PROJECT and be responsible for repair of the signal control systems
in jurisdiction.
(8) Provide on-site support for signal control systems, timing plans, detection
systems and related equipment during construction, installation and integration, and be available
to change or make adjustments to timing plans at a central or field location when necessitated by
the PROJECT.
(9) Waive all fees associated with any local agency permits that may be
required of the consultant, sub-consultants, contractors and/or service or equipment providers in
the performance of the PROJECT.
(10) Document in-kind match or dollar match funding as identified in the project
application and provide verification of such expenditures as part of any required review or audit
process, which may include payroll records, contracts and purchase orders.
(11) Maintain and operate the traffic signals and improvements for a period of
two (2) years following the completion of the Primary Implementation Phase of the PROJECT.
(12) Maintain a complete set of records in accordance with generally accepted
accounting principles. Upon reasonable notice, CITIES shall permit the authorized representatives
of ORANGE to inspect and audit all work, materials, payroll, books, accounts, and other data and
records of CITIES for a period of four (4) years after final payment, or until any on-going audit is
completed, whichever is later. For purposes of audit, the date of completion of this Agreement
applicable, under this Agreement. ORANGE shall have the right to reproduce any such books,
records, and accounts. The above provision with respect to audits shall extend to and/or be
(s).
4. RESPONSIBILITIES OF ANAHEIM, PLACENTIA, SANTA ANA, TUSTIN AND
YORBA LINDA
A. ANAHEIM, PLACENTIA, SANTA ANA, TUSTIN and YORBA LINDA agree to
the following responsibilities for implementation and funding of the PROJECT:
(1) To designate ORANGE as the Administering Agency for the PROJECT,
authorizing ORANGE to manage, procure and implement all aspects of the PROJECT.
(2) To authorize ORANGE to enter into a Cooperative Agreement on
behalf with the State of California Department of Transportation (Caltrans) to coordinate the
implementation of Intelligent Transportation System (ITS) equipment and coordinated signal
synchronization at intersections between city streets and State Highway System Off-Ramps
4
(Caltrans Improvements). Such Cooperative Agreement for General Traffic Signal
Synchronization is required by Caltrans. (This Section is not applicable to PLACENTIA.)
(3) To reimburse ORANGE for the costs of improvements and coordination
(30) days of receipt of invoice from ORANGE. (This Section is not applicable to PLACENTIA.)
(4) To authorize OCTA to distribute its grant allocation of approximately Two
Million Seven Hundred Sixty-Two Thousand Three Hundred Sixty Dollars ($2,762,360.00) to
ORANGE in order to pool the CITIES' grant funds to effect completion of a more thorough
PROJECT than could be accomplished by each city individually.
(5) To contribute match share of cash and in-kind services as set forth
in Section 3.B, above. Payment shall be within thirty (30) days of receipt of invoice from
ORANGE.
(6) To provide detailed documentation supporting any in-kind match set forth
in Section 3.B, above, to the reasonable satisfaction of ORANGE.
(7) To help develop the PROJECT scope, attend team meetings, and review all
consultant and administrative reports pertaining to the scope of work in their individual
jurisdictions.
(8) To provide required updates as requested by OCTA as part of the
semi-annual review process until the completion of the three-year grant period. Documents to be
provided include but are not limited to payroll records, contracts, and purchase orders related to
the PROJECT.
B. ANAHEIM may request to implement, within its own jurisdiction, Tasks 3 and/or
7 as listed in the Primary Implementation Phase, in coordination with and the written approval of
ORANGE as follows:
(1)
shall initiate discussions with and obtain concurrence from OCTA.
(2) ANAHEIM shall assume responsibility for the coordination, design,
construction and integration of all field and Traffic Management Center elements in the assigned
Tasks and according to the timeline as set forth in the APPLICATION.
(3) ANAHEIM shall ensure its PROJECT Tasks are performed in accordance
(4)
3.B as it pertains to any Tasks undertaken by ANAHEIM shall require prior written approval from
ORANGE.
5
(5)
a separate writing, signed by the designated project managers for ANAHEIM and ORANGE.
(6) Failure of ANAHEIM to perform Tasks 3 and/or 7 within the approved
timeline and according to the approved scope may result in a loss of funding or costs deemed
ineligible for reimbursement. Costs incurred by ANAHEIM that are deemed ineligible shall be
the sole responsibility of ANAHEIM.
(7) ANAHEIM shall fund the approved Tasks as the costs are incurred.
ANAHEIM shall receive reimbursement for said Tasks after OCTA approves such expenses.
RESPONSIBILITIES
5. OF ORANGE
ORANGE agrees to the following responsibilities for implementation and funding of the
PROJECT:
A. To manage the PROJECT for CITIES. ORANGE shall act as the Administering
Agency for the work for all CITIES. Within ten (10) days after this Agreement has been executed,
ORANGE will provide an executed copy of this Agreement to OCTA, pursuant to the terms and
conditions set forth herein.
B. To contribute its match share of cash as set forth in Section 3.B, above.
C. To enter into any required Cooperative Agreement with Caltrans regarding Caltrans
Improvements in CITIES; to comply with all the terms and conditions of said Cooperative
Agreement; to pay invoices for such Caltrans Improvements as required by Caltrans; and to invoice
CITIES in a timely manner with detailed documentation of said Caltrans Improvements.
D. To work cooperatively with CITIES; to ensure that CITIES have the opportunity to
provide meaningful input into all phases of the PROJECT; to ensure that staff has
adequate time to review all draft reports, contracts, the proposed scope of work, and any other
pertinent information; and to convene regular meetings of staff representatives from CITIES to
provide a regular process of input from CITIES to the consultant team.
E. To enter into an agreement with a qualified consultant and contractor to assist in
the completion and monitoring of the PROJECT.
F. To coordinate the work effort of the PROJECT, provide the day to-day management
of the consultant, and manage all consultant administration and contracting. ORANGE shall
review and pay the consultant's invoices accordingly after ensuring that the work has been
satisfactorily performed.
G. To provide ongoing maintenance and operation of optimized signal timing after the
Primary Implementation phase of the PROJECT is completed and to continue such maintenance
until the end of the grant period and provide verification of such activities as required by Measure
M2 program funding.
6
H. To comply with all of the terms and conditions of its Cooperative Agreement with
OCTA, including the project reporting and auditing requirements contained therein.
I. ORANGE, or its authorized representatives, may upon close-out of PROJECT
under this Agreement, perform an audit and or technical review to ensure that the CTFP Guidelines
policies and procedures were followed. Such an audit shall be performed within one hundred
determines that any of the activities performed are ineligible for CTFP funding, the city that
incurred the ineligible expense must return the amount of funding used to perform the ineligible
activity to ORANGE.
6. MUTUAL INDEMNIFICATION
ORANGE and the participating CITIES (PARTNERS) agree to indemnify, defend and
hold harmless all PROJECT partners, their elected officials, officers, agents and employees from
and against all claims (including attorney's fees and reasonable expenses for litigation and
settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused by
negligent acts, omission or willful misconduct of the PARTNERS, their officers, agents and
employees in connection with or arising out of the performance of this Agreement.
7. INSURANCE
A. CITIES shall each maintain and keep in full force and effect during the term of this
Agreement insurance or a program of self-insurance against claims for injuries to persons or
damages to property which may arise in connection with performance of their obligations
hereunder.
B. CITIES shall require their consultants and contractors performing work in
connection with this Agreement to obtain and maintain the following minimum amount of
insurance during the term of this Agreement as described below:
(1) General liability insurance in the amount of $1,000,000 per occurrence and
$2,000,000 in the aggregate. Such insurance shall: (a) cover bodily injury, death and property
damage; (b) name CITIES, and their elected officials, officers, employees, agents, volunteers and
representatives as additional insured(s); and (c) be primary and not contributory with respect to
insurance or self-insurance programs maintained by the city.
(2) Business automobile liability with a combined single limit of $1,000,000.
Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and
hired vehicles and be written on an occurrence basis.
(3) Workers' compensation insurance as required by law with any required
employer's liability insurance with limits not less than $1,000,000 per accident.
7
(4) Professional liability insurance covering errors and omissions arising out of
the performance of this Agreement with a minimum limit of $1,000,000 per claim. Contractor
shall agree to keep such policy in force and effect for PROJECT duration.
C. The insurance policies maintained by a consultant or contractor shall be primary
insurance and no insurance held or owned by CITIES shall be called upon to cover any loss under
the policy. A consultant or contractor will determine its own needs in procurement of insurance
to cover liabilities other than as stated above.
D. Before a consultant or contractor performs any work or prepares or delivers any
materials, it shall furnish certificates of required insurance and endorsements to CITIES,
evidencing the aforementioned minimum insurance coverages on forms acceptable to ORANGE,
which shall provide that the insurance in force will not be canceled or allowed to lapse without at
E. If a consultant or contractor maintains broader coverage and/or higher limits than
the minimums described above, the CITIES shall require and shall be entitled to the broader
coverage and/or higher limits maintained by the consultant or contractor.
8. GENERAL PROVISIONS
A. Complete Agreement. This Agreement, including any attachments incorporated
herein and made applicable by reference, constitutes the complete and exclusive statement of the
terms and conditions of the agreement among CITIES and it supersedes all prior representations,
understandings and communications among the parties.
B. Representatives. CITIES each designate their City Manager or his/her designee to
be the representative of CITIES for purposes of this Agreement. The City Manager may issue all
consents, approvals, directives, and agreements called for by this Agreement, except as otherwise
expressly provided in this Agreement.
C. Waiver. The delay or failure of any city at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver
of those rights to require such performance or compliance. No waiver of any provision of this
Agreement shall be effective unless in writing and signed by a duly authorized representative of
the city against whom enforcement of a waiver is sought. The waiver of any right or remedy in
respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect
to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
D. Severability. If any term, provision, covenant or condition of this Agreement is
held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent
jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term,
provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
8
E. Compliance with All Laws. CITIES shall comply with all applicable federal, state
and local laws, statutes, ordinances and regulations of any governmental agency having
jurisdiction over the PROJECT.
F. Force Majeure. CITIES shall not be responsible for delays or lack of performance
resulting from acts beyond their reasonable control. Such acts include, but are not limited to, any
incidence of fire, flood, acts of God, commandeering of material, products, plants or facilities
by the federal, state or local government, national fuel shortage, pandemic, and any other
conditions beyond the reasonable control of a city.
G. Assignment. Neither this Agreement, nor any of the rights,
obligations, or duties hereunder may be assigned in whole or in part by any city without the
prior written consent of the other CITIES in their sole and absolute discretion. Any attempted
assignment shall be deemed void and of no force and effect. Consent to one assignment shall
not be deemed consent to any subsequent assignment, nor the waiver of any right to consent
to such subsequent assignment.
H. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California and applicable local and federal laws, regulations and
guidelines. In the event of any legal action to enforce or interpret this Agreement, the parties
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
I. Attorneys' Fees. If litigation is brought by any city in connection with this
Agreement, the prevailing party(ies) shall be entitled to recover from the opposing party(ies)
all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing
party(ies) in the exercise of its rights and remedies hereunder or the enforcement of any of the
terms, conditions, or provisions hereof.
J. Notices. Any notices, requests, or demands made among the CITIES pursuant
to this Agreement are to be directed as follows:
To ORANGE: To ANAHEIM:
City Clerk City Clerk
City of Orange City of Anaheim
300 E. Chapman Ave. 200 S. Anaheim Blvd.
nd
Orange, CA 92866 2 Floor, Room 217
Anaheim, CA 92805
To PLACENTIA: To SANTA ANA:
City Clerk Clerk of the Council
City of Placentia City of Santa Ana
401 E. Chapman Ave. 20 Civic Center Plaza
Placentia, CA 92870 Santa Ana, CA 92701
9
To TUSTIN: To YORBA LINDA:
City Clerk City Clerk
City of Tustin City of Yorba Linda
300 Centennial Way 4845 Casa Loma Ave.
Tustin, CA 92780 Yorba Linda, CA 92886
K. Order of Precedence. In the event of an inconsistency between this Agreement
and the attached Exhibit, the terms set forth in this Agreement shall prevail. If, and to the
extent this Agreement incorporates by reference any provision of any document, such
provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict
among the terms and conditions of this Agreement and those of any such provision or
provisions so incorporated by reference, this Agreement shall govern over the document
referenced.
L. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
M. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and
in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or
disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
N. Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
O. Counterparts of Agreement. This Agreement may be executed and delivered in any
number of counterparts, each of which, when executed and delivered shall be deemed an original
and all of which together shall constitute one agreement.
P. Corporate Authority. 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 doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, CITIES have caused this Agreement to be executed by and
through their respective authorized officers, as of the date first above written.
10
CITY OF ORANGE, a California CITY OF ANAHEIM, a California
municipal corporation municipal corporation
By: By:
Rick Otto Harry Sidhu
City Manager Mayor
APPROVED AS TO FORM: ATTEST:
Mary E. Binning Theresa Bass
Senior Assistant City Attorney City Clerk
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
Chris Cash Bryn M. Morley
Public Works Director Deputy City Attorney
11
CITY OF PLACENTIA, a CaliforniaCITY OF SANTA ANA, a California
municipal corporationmunicipal corporation
By:By:
Damien R. ArrulaKristine Ridge
City AdministratorCity Manager
ATTEST:ATTEST:
Robert S. McKinnellDaisy Gomez
City ClerkCity Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:Sonia R. Carvalho, City Attorney
Christian L. BettenhausenJohn M. Funk
City AttorneyAssistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
12
CITY OF TUSTIN, a California CITY OF YORBA LINDA, a California
municipal corporation municipal corporation
By: By:
Letitia Clark Peggy Huang
Mayor Mayor
ATTEST: ATTEST:
Erica N. Yasuda Marcia Brown
City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
David E. Kendig Todd O. Litfin
City Attorney City Attorney
13
EXHIBIT A
PROJECT APPLICATION
SCOPE OF WORK AND ESTIMATED COSTS
Public Works Agency
https://www.santa-ana.org/pw
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Warner Avenue Street Improvements (Oak Street to Grand Avenue)
AGENDA TITLE
Authorize a Purchase Agreement in the Amount of $7,200 for Partial Real Property
Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: Gates Warner,
LLC) (Project No. 18-6901) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a purchase agreement with property owner Gates
Warner, LLC, a California limited liability company, for the partial property acquisition and
goodwill (if any) for the real property located at 1301 E. Warner Avenue (APN 014-281-
19) in the amount of $7,200, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
Warner Avenue is classified as an East-West Major Arterial in the City’s General Plan
Circulation Element and the County of Orange Master Plan of Arterial Highways.
Improving the one-mile segment of Warner Avenue from Main Street to Wright Street has
been a long-term priority project that is being constructed in several phases.
Improvements include widening the street from a four-lane roadway to a six-lane arterial
to address safety issues, provide adequate vehicular capacity, installing parkways, raised
median landscaping, storm drains, protected bike lanes, sound walls, street lights, and
traffic signals. The City is acquiring properties for the development of Phase 2 of the
Warner Avenue Improvements project, bounded by Oak Street and Grand Avenue.
Construction is anticipated to begin in winter 2021.
The proposed improvements for the project originated as a mitigation measure for the Tustin
Legacy project, which involves the redevelopment of the former Tustin Marine Corps Air
Station as a mixed-use commercial, residential, and industrial project. As such, the City of
Tustin agreed to partially fund the improvements on Warner Avenue between Main Street
and Grand Avenue.
The recommended partial property acquisition (Exhibit 1) is necessary to accommodate
the street improvements for Phase 2. The purchase offer was determined based on the
Real Property Purchase Agreement – Warner Avenue Improvements, Phase 2
September 21, 2021
Page 2
appraised value prepared by a California State licensed appraiser and accepted by the
property owner (Exhibit 2).
ENVIRONMENTAL IMPACT
On September 1, 2015, City Council approved the Warner Avenue Final Environmental
Impact Statement (SCH No. 2012101004).
FISCAL IMPACT
Funds in the amount of $7,200 are budgeted and available in the Warner Avenue
Improvements Project (No. 18-6901) for property acquisition expenditures in FY 2021-22
as follows:
Accounting Accounting Unit,
Fiscal
Unit–Account Fund DescriptionAccount No. Amount
Year
No.Description
Measure M-Measure M2 Competitive
2021-2203217663-66100$5,400
Street ConstructionStreet, Land
Select Street
Warner Ave-Tustin
Construction
2021-2205917668-66100Community Facilities $1,800
(City of Tustin
District, Land
Contribution)
TOTAL $7,200
EXHIBIT(S)
1.Location Map
2.Purchase Agreement – APN 014-281-19
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
EXHIBIT 2
8-9-21
Public Works Agency
www.santa-ana.org/pw
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: On-Call Construction Services
AGENDA TITLE
Approve Amendments to Agreements with Palp, Inc., dba Excel Paving, Big Ben
Engineering, TE Roberts, and Paulus Engineering, Inc. to Increase the Shared
Agreement Amount by $1,600,000, for a Total Amount not to Exceed $2,500,000 for
miscellaneous projects
RECOMMENDED ACTION
Authorize the City Manager to execute agreement amendments for on-call construction
services with Palp, Inc. dba Excel Paving, Big Ben Engineering, TE Roberts, and Paulus
Engineering, Inc. to increase shared agreement amount by $1,600,000, for a total
agreement amount not to exceed $2,500,000, subject to non-substantive changes
approved by the City Manager and the City Attorney.
DISCUSSION
On September 24, 2020, the Public Works Agency issued a request for proposals (RFP)
for emergency on-call infrastructure repairs via the City’s Planet Bids website. A total of
978 vendors were notified of the RFP and 16 downloaded the proposal files. Four
proposals were received and evaluated by a selection committee based on criteria as
outlined in the RFP.
On December 1, 2020, the City Council authorized the City Manager to execute
agreements with Palp, Inc. dba Excel Paving, Big Ben Engineering, TE Roberts, and
Paulus Engineering, Inc. to provide on-call engineering services. City construction staff
recently discovered that the existing street lighting conduit within the South Main Street
Corridor is in critical condition. It has deteriorated to a point where it is jeopardizing the
existing lighting system. Replacement of the existing conduit is required immediately to
prevent the risk of street lights along South Main suddenly short circuiting. The cost to
perform the emergency work is $1,600,000, exceeding the contractual balance of the
agreement. Staff recommends increasing the shared agreement amount by $1,600,000,
for a total amount not to exceed $2,500,000. This amendment will allow staff to have
continued access to qualified contractors who can respond to the City’s emergency
infrastructure needs.
Amend Agreements for On-Call Construction Services
September 21, 2021
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public
Works staff must receive Finance & Management Services Agency approval of funding
and accounts to ensure that funds are available under the authorization and aggregate
limit of the agreements.
Upon successful completion of this fiscal review, a corresponding Notice to Proceed
containing specific scope and maximum expenditure for the task order will be issued to a
firm. Funding for these services is available in approved Capital Improvement Program
(CIP) budget and will be budgeted in future CIPs.
EXHIBIT(S)
1.First Amendment to Agreement Palp, Inc. dba Excel Paving
2.First Amendment to Big Ben Engineering
3.First Amendment to TE Roberts
4.First Amendment to Paulus Engineering, Inc.
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
FIRST AMENDMENT TO ON-CALL GENERAL ENGINEERING SERVICES
AGREEMENT WITH BIG BEN ENGINEERING
st
THIS FIRST AMENDMENT is entered into on this 21 day of September, by and between Big
Ben Engineering , 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
RECITALS
A. On December 1, 2020, the City entered into Agreement A-2020-245-03
with Big Ben Engineering, to provide on-call asphalt pavement, concrete pavement, and
stormdrain repair services for a three (3) year term until November 30, 2023, with an option
for the parties to extend the Agreement for up to one (1) two-year period. The Agreement
is current and in effect.
B. Contactor is one of four selected contractors providing services on an on-call basis and
shares an aggregate compensation as detailed in Section 2.a. of the Agreement.
C. The parties now wish to amend the Agreement to increase the shared aggregate amount of
the compensation to pay for emergency services recently discovered by the City.
The Parties therefore agree:
1. Section 2a, COMPENSATION, shall be amended to increase the shared aggregate
compensation in the amount of $1,600,000. Therefore, the total shared aggregate amount shall not
exceed two million five hundred thousand dollars and zero cents ($2,500,000) to pay for the
additional emergency services during the term of this agreement, including any extension periods.
2. Except as hereinabove modified, the terms and conditions of said Agreement remain
unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed the First Amendment to the
Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
\[Signatures continue on the next page\]
APPROVED ASTO FORM:
SoniaR. CarvalhoCONTRACTOR:
City Attorney
By:
Jose MontoyaName:
Sep Sharifi
Deputy City AttorneyTitle:
President
RECOMMENDED FOR APPROVAL
Nabil Saba
Executive Director
Public Works Agency
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Approve a Substantive Change to the Facilities Use Agreement with Training and
Research Foundation
AGENDA TITLE:
Approve a Substantive Change to the Facilities Use Agreement with Training and
Research Foundation to Modify Indemnification Language in the Agreement
RECOMMENDED ACTION
Approve a substantive change to the facilities use agreement with Training and Research
Foundation that was approved on August 17, 2021 to modify indemnification language in
the agreement in order to operate childcare centers at Corbin Community Center and El
Salvador Community Center.
DISCUSSION
On August 17, the Santa Ana City Council approved an agreement of a facilities use
agreement with Training and Research Foundation to operate childcare centers at Corbin
Community Center and El Salvador Community Center, for a term beginning August 17,
2021 and ending August 31, 2021, subject to non-substantive changes approved by the
City Manager and City Attorney.
Since approval of the facilities use agreement, the Training and Research Foundation
(TRF) has requested a substantive change. Based on a recommendation by TRF’s
insurance provider, the requested modification to the indemnification language would be
to remove Paragraph 10. Indemnification, Section B., which states:
TRF agrees to indemnify the City from and against any contamination of the Facilities
with hazardous materials by TRF occurring after the commencement of this Agreement.
TRF further agrees to defend and hold harmless the City from and against all actions,
agreements, attorney's fees, causes of action, claims, contracts, costs, covenants,
damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses,
obligations, and orders which arise during or after the term of this Agreement related to
the existence of hazardous materials at the Facilities or in the groundwater under the
Facilities except for: (1) the cost of any remediation of Hazardous Materials deposited in
Approve a substantive change to the facilities use agreement with Training and Research
Foundation
September 21, 2021
Page 2
the soil by City or its employees, agents or contractors; and (2) any third party personal
injury actions which allege exposure to such undiscovered Hazardous Materials as a
result of use of the Facilities. "Hazardous Materials" as used herein shall be interpreted
broadly to mean any hazardous or toxic substance, material or waste that now is or
hereafter becomes regulated by any local government authority, the State of California,
or the United States Government.
The facilities use agreement will still contain the following language related to
indemnification:
TRF shall defend, indemnify, and hold harmless the City and its officers, officials,
employees, and volunteers from and against any claims, liabilities, damages, losses,
costs, expenses incurred or suffered by City on account of any personal injuries or
property damage caused by the use of Facilities pursuant to this Agreement or any activity
or negligent omission of TRF or its employees, agents, volunteers or contractors. In the
event that City is named as a codefendant, TRF shall notify City of such fact and shall
represent City in such legal action unless City undertakes to represent itself in such legal
action. TRF further agrees to indemnify, hold harmless, and pay all costs of defense of
the City, including fees and cost for special counsel to be selected by the City, regarding
any action 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, or effects of this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceedings.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Revised Agreement
Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
FACILITIES USE AGREEMENT WITH TRAINING AND RESEARCH FOUNDATION
FOR CORBIN CENTER AND EL SALVADOR CENTER
THIS FACILITIES USE AGREEMEN, 2021 and is
entered into between the CITY OF SANTA ANA, a charter city and municipal corporation
Research fornia non-profit corporation.
City and TRF also collectively referred to here
RECITALS
A. The City is the owner of Corbin Center located at 2215 West McFadden Avenue and
El Salvador Center located at 1825 West Civic Center Drive, both in the City of Santa
Ana;
B. TRF is a non-profit California corporation founded in 1966 that serves low-income
preschool children and their families by providing comprehensive child development
and school readiness services including education, health, nutrition, and mental health
services;
C. TRF operates childcare centers in Inglewood, Hawthorne, Lennox, and West Los
Angeles;
D. Most recently, TRF expanded its operations into Riverside and Orange County;
E. TRF has identified a critical need in areas of Orange County that are unfunded and
unserved and desires to operate a licensed childcare center at Corbin Center and El
Salvador Center to provide services to low and mid-income preschool children and
families in Santa Ana; and
F. City acknowledges the community need for programs such as those offered by TRF
that prepare preschool children to succeed in school and life and offer a
comprehensive approach to meeting the developmental needs of preschool children.
NOW THEREFORE, in consideration of mutual covenants herein contained, the Parties
do hereby promise and agree as follows:
1. The City hereby grants to TRF the limited right to use designated portions of
Corbin Center and El Salvador Center to provide licensed childcare pursuant to
the terms of this Agreement.
A. City grants TRF the right to provide licensed childcare services at Corbin
Center in the area specified in Exhibit A and attached hereto and
incorporated by reference.
Facilities Use Agreement With Training and Research Foundation
1
B. City grants TRF the right to provide licensed childcare services at El
Salvador Center in the area specified in Exhibit B and attached hereto and
incorporated by reference.
C. The areas governed by this Agreement and set forth in Exhibit A and
2. Term. The term of this Agreement shall begin on the date set forth above and end
on August 31, 2026 unless terminated pursuant to Sections 14 or 16 of this
Agreement. This Agreement shall have two, one-year extensions exercisable at
and signed by the
City Manager and City Attorney.
3. Consideration. TRF will pay to City monthly its proportional share of the utilities
for use of the Facilities as outlined further in Section 8 of this Agreement and a
fee of $2,000 per month for use of the Facilities. All payments shall be made by
the 1st day of each month in the form of a
4. Improvements to the Facilities.
A. TRF will be allowed by City to make certain improvements to Facilities as
mutually agreed upon in writing between the Parties and approved by the
appropriate or applicable government entity. The attached Exhibits A and
B include renderings of the proposed improvements to the Facilities.
Notwithstanding, minor modifications may be made as directed or
required by governing authorities with jurisdiction over necessary
approvals.
B. All improvements shall be paid for by TRF. City will not pay any costs
associated with any improvements pursuant to this Agreement.
C. City shall have final approval of all design, engineering, construction,
specifications and improvements.
D. TRF agrees to take whatever steps may be necessary to submit plans and
applications required to make improvements to the Facilities including but
not limited to:
i. Conducting a walk thru of the Facilities with an architecture and
design firm;
ii. Having a feasibility study prepared to determine the needed
changes and submitting a design and rendering to the City for
Facilities Use Agreement With Training and Research Foundation
2
review and approval prior to submission to any other licensing or
government entity;
iii. Submission of plans and applications as needed to City Planning
and Building Department;
iv. Request for construction bids;
v. Complete construction; and
vi.
use as authorized pursuant to this Agreement, including but not
limited to, obtaining a certificate of occupancy or related
documents as necessary.
E. The Parties acknowledge that TRF has secured grant funding to support its
funding requires approval by other government entities of expenses above
a certain threshold and paid with grant funds.
F. After improvements are completed, TRF will not make any additional
improvements or alterations to the Facilities without the prior written
consent of the City Manager. Any additions, repairs, replacements, or
improvements made by TRF shall not be removed by TRF without the
written approval of the City Manager. The Facilities, including any area
utilized by TRF, shall remain the property of the City. City reserves the
right upon expiration or termination of this Agreement to require TRF to
return Facilities to their original condition.
5. Operational Rules and Regulations. TRF shall comply with all operational rules
and regulations promulgated by the Executive Director of Parks, Recreation and
Community Services, City Manager or City Council regarding the operation of
Center and El Salvador Center, including but not limited to hours of
operation.
6. Maintenance. TRF shall at all times maintain Facilities in good condition and
repair, and in a clean and safe condition reasonably satisfactory to the City
Manager.
7. Damage to Facilities. TRF shall be liable for any damages to the Facilities caused
by any act of negligence of TRF, its partners, agents, servants, contractors,
representatives, guests, employees, invites or customers. City may at its option,
repair such damage, and TRF agrees to reimburse City for the total cost of repair.
8. Utilities. TRF shall pay when due all charges for water, gas, electricity,
telephone, internet, video (cable or satellite), trash and other public utility charges
furnished to TRF. For some or all utilities where a separate meter or bill is not
Facilities Use Agreement With Training and Research Foundation
3
feasible, TRF will be assessed a proportional share of all utility charges noted
above, on a monthly basis, as determined in writing by the Parties.
9. Compliance with Laws and Licensing. TRF shall comply with all applicable
federal, state and local laws. TRF shall at all times during the term of this
Agreement have and maintain in force any and all licenses, permits or approvals
This
includes all state licensing for daycare or childcare activities.
10. Indemnification. TRF shall defend, indemnify, and hold harmless the City and its
officers, officials, employees, and volunteers from and against any claims,
liabilities, damages, losses, costs, expenses incurred or suffered by City on
account of any personal injuries or property damage caused by the use of
Facilities pursuant to this Agreement or any activity or negligent omission of TRF
or its employees, agents, volunteers or contractors. In the event that City is
named as a codefendant, TRF shall notify City of such fact and shall represent
City in such legal action unless City undertakes to represent itself in such legal
action. TRF further agrees to indemnify, hold harmless, and pay all costs of
defense of the City, including fees and cost for special counsel to be selected by
the City, regarding any action 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, or
effects of this Agreement. City may make all reasonable decisions with respect to
its representation in any legal proceedings.
11. Insurance. TRF shall procure and maintain for the duration of the Agreement
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the use allowed hereunder and the results of that
use by TRF, its agents, representatives, employees and subcontractors pursuant to
the scope and coverage noted below:
A. Commercial General Liability (CGL): Insurance Services Office Form CG
completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $2,000,000 per occurrence. If a
general aggregate limit applies, either the general aggregate limit shall
apply separately to this project/location (ISO CG 25 03 or 25 04) or the
general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: ISO Form Number CA 00 01 covering any auto
(Code 1), or if TRF has no owned autos, hired, (Code 8) and non-owned
autos (Code 9), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
Facilities Use Agreement With Training and Research Foundation
4
C. : as required by the State of California, with
than $1,000,000 per accident for bodily injury or disease.
D. Sexual Abuse or Molestation (SAM) Liability: If the CGL policy
referenced above is not endorsed to include affirmative coverage for
sexual abuse or molestation, TRF shall obtain and maintain a policy
covering Sexual Abuse and Molestation with a limit no less than
$5,000,000 per occurrence or claim.
E. Other Provisions Applicable to Insurance Requirements:
i. If the TRF maintains broader coverage and/or higher limits than
the minimums shown above, the City requires and shall be entitled
to the broader coverage and/or the higher limits maintained by the
contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be
available to the City.
ii. The insurance policies are to contain, or be endorsed to contain,
the following provisions:
iii. Additional Insured Status- the City, its officers, officials,
employees, and volunteers are to be covered as additional insureds
on the CGL policy with respect to liability arising out of work or
operations performed by or on behalf of TRF including materials,
parts, or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form
of an endorsement to TRF
Form CG 20 10 11 85 or if not available, through the addition of
both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37
if a later edition is used).
iv. Primary Coverage- For any claims related ts
insurance coverage shall be primary coverage at least as broad as
ISO CG 20 01 04 13 as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the TRF
contribute with it.
v. Notice of Cancellation- Each insurance policy required above shall
provide that coverage shall not be canceled, except with notice to
the City.
vi. Waiver of Subrogation- TRF hereby grants to City a waiver of any
right to subrogation, which any insurer of TRF may acquire against
the City by virtue of the payment of any loss under such insurance.
TRF agrees to obtain any endorsement that may be necessary to
affect this waiver of subrogation, but this provision applies
Facilities Use Agreement With Training and Research Foundation
5
regardless of whether or not the City has received a waiver of
subrogation endorsement from the insurer.
vii. Self-Insured Retentions- Self-insured retentions must be declared
to and approved by the City. The City may require TRF to
purchase coverage with a lower retention or provide proof of
ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the
self-insured retention may be satisfied by either the named insured
or City.
viii. Acceptability of Insurers- Insurance is to be placed with insurers
authorized to conduct business in the state with a current A.M.
herwise acceptable to
the City.
ix. Claims Made Policies- If any of the required policies provide
claims-made coverage:
1. The Retroactive Date must be shown, and must be before
the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance
must be provided for at least five (5) years after completion
of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced
with another claims-made policy form with a Retroactive
Date prior to the contract effective date, TRF must
five (5) years after completion of work.
x. Verification of Coverage- TRF shall furnish the City with original
Certificates of Insurance including all required amendatory
endorsements (or copies of the applicable policy language
effecting coverage required by this clause) and a copy of the
Declarations and Endorsement Page of the CGL policy listing all
policy endorsements to City before work begins. However, failure
to obtain the required documents prior to the work beginning shall
obligation to provide them.
xi. The City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements required by
these specifications, at any time.
xii. Special Risks or Circumstances- The City reserves the right to
modify these requirements, including limits, based on the nature of
the risk, prior experience, insurer, coverage, or other special
circumstances.
Facilities Use Agreement With Training and Research Foundation
6
12. Assignment. TRF shall not assign all or any portion of this Agreement, nor shall
TRF, without the written consent of the City Council, enter into any agreement
allowing the operation by another person of the use of the Facilities granted by
this Agreement.
13. Relationship of the Parties. Nothing in this Agreement shall effect or create a
partnership between the Parties. Any persons retained by TRF shall at all times
be its employees or independent contractors and not employees or independent
contractors of the City. TRF shall have no power to incur debt, obligation or
liability on behalf of the City. The City shall not have control over the conduct of
TRF, except as set forth in this Agreement. TRF shall not, at any time, or in any
manner, represent that it or any of its officers, agents, employees, contractors or
volunteers are in any manner employees or contractors of the City.
14. Termination for Cause. Should TRF be dissolved or if a petition in bankruptcy or
insolvency be filed by or against TRF, whether voluntarily or involuntarily, or if
use of Facilities is abandoned for a period of forty-five (45) days; or if the uses
conducted so as to constitute a public nuisance, or if any of the provisions of this
Agreement are breached and the breach if not corrected within ten (10) days after
written notice from the City to TRF, then the City may immediately terminate this
Agreement by written notice to TRF and recover and resume possession of
Facilities.
15. Remedies for Termination for Cause breach, default,
abandonment or insolvency, City may:
A. Terminate the Agreement and recover from TRF any amount necessary to
compensate
perform its obligations under this Agreement.
B. Should TRF default in the performance of any of the terms, conditions, or
obligations contained in this Agreement, City may, in addition to the
remedies available pursuant to the law and this Agreement, re-enter and
regain possession of the Facilities in the manner provided by the laws of
the State of California.
16. Termination without cause. The Parties each may terminate this Agreement with
nine
17. Fingerprinting, Background Checks and Identification Badges. TRF shall provide
proof to City that all TRF officials, employees and any volunteers are
fingerprinted and background checked prior to conducting any work at Facilities.
TRF employees and volunteers shall prominently display badges or identification
Facilities Use Agreement With Training and Research Foundation
7
cards, in a form mutually agreed upon by the Parties, at all times while at
Facilities. TRF badges or identification cards shall state that official, employee or
volunteer works for or is affiliated with TRF. Badges or identification cards shall
not display City name or logo.
18. Taxes. The Parties agree that if the Facilities are assessed any taxes or similar
fees or charges due to the activi
shall bear the entire cost of said taxes, assessment, fees or charges.
19. Liens
other type of lien to stand against the Facilities by any use, occupancy or
improvement by TRF or any agent, employee, or contractor of TRF.
20. Nondiscrimination: TRF shall not discriminate in the course of its activities in or
about the Facilities on the basis of race, color, disability, religion, sex, marital
status, sexual orientation, gender identity, age, national origin, ancestry, military
disability, or any other basis prohibited by law. TRF affirms
that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
21. Jurisdiction and 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.
22. Surrender of Premises. Upon termination or expiration of this Agreement, TRF
shall immediately surrender and deliver the premises to the City in good condition
and repair, together with all improvements and alternations made by TRF, and
any and all furniture, furnishings, equipment, and other personal property then
located on the premises.
23. . The prevailing Party shall pay all costs and reasonable
incurs in enforcing any of the rights or
remedies provided for pursuant to this Agreement.
24. Exclusivity and Amendment. This Agreement represents the complete and
exclusive statement between the City and TRF regarding the subject matter
herein, and supersedes any and all other agreements, oral or written, between the
Parties regarding the use of the Facilities. In the event of 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
Facilities Use Agreement With Training and Research Foundation
8
signed by the City and an authorized representative of TRF. The Parties
acknowledge that no representatives, inducements, promises or agreements, orally
or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
25. Assignment. TRF may not assign, transfer, delegate or subcontract any interest
herein without the prior written consent of the City and any such assignment,
be considered null and void. TRF shall not allow any other person or entity to use
the Facilities without the prior written consent of City.
26. Force Majeure. Should the performance of an act required by this Agreement to
be performed by either the City or TRF be prevented or delayed by reason of an
act of God, strike, lockout, labor troubles, inability to secure materials, restrictive
government laws or regulations, or any other cause except financial inability not
the fault of the Party required to perform the act, the time for performance of the
act will be extended for a period of time equivalent to the period of the delay, and
performance of the act during the period of delay will be excused, provided,
however, that nothing contained in this section shall excuse the prompt payment
of compensation by TRF as required by this Agreement or the performance of any
act rendered difficult solely because of the financial condition of the party, City or
TRF, required to perform the act.
27. Construction. The Parties acknowledge that each Party and its counsel have
reviewed and revised this Agreement and that the normal rule of construction to
the effect that any ambiguities are resolved against the drafting party shall not be
employed in the interpretation of this Agreement.
28. Severability. If any one or more of the provisions contained in this Agreement
shall for any reason be held invalid, illegal or unenforceable in any respect such
invalidity, illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable term or provision had never been contained herein.
29. Conflict of Interest. TRF covenants that it presently has no interests and shall
have no interests direct or indirect, which would conflict in any manner with the
use authorized pursuant to this Agreement.
30. Non-Recording. Unless required by law, neither Party shall record this
Agreement.
31. No Waiver. Any waiver, consent or approval by either Party of any breach,
default or event of default of any provision, condition or covenant of this
Facilities Use Agreement With Training and Research Foundation
9
Agreement must be in writing and shall be effective only to the extent set forth in
writing. No waiver of any breach, default or event of default shall be deemed a
waiver of any later breach, default or event of default of the same or any other
provision of this Agreement. Any failure or delay on the part of either Party in
exercising any power, right or privilege under this Agreement shall not operate as
a waiver thereof, nor shall any single or partial exercise of any such power, right
or privilege preclude any further exercise thereof.
32. Notice. Any notice, tender, demand, delivery, or other communication pursuant
to this Agreement shall be in writing and directed to the addresses below or such
addresses as either party may later specify in writing. Notice is deemed effective
on the date it is given if hand-delivered or received by facsimile that day. Notice
given by U.S. mail shall be deemed to have been given three (3) business days
after it is deposited in the U.S. mail, postage prepaid and addressed as follows:
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
With copies to: Executive Director of Parks, Recreation and Community
Services
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
To TRF: Renee Jacobs, Agent for Service
Training and Research Foundation
1442 East Lincoln Avenue, Suite 371
Orange, California 92865
33. Authority: 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.
34. Counterparts and Electronic Signature. The Parties agree that this Agreement
may be signed in counter parts and compiled to make one original Agreement.
The Parties further agree that this Agreement may be signed electronically by any
means that reasonably ensures authenticity.
Facilities Use Agreement With Training and Research Foundation
10
Planning and Building Agency
www.santa-ana.org/pb
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Second Extension of Entitlements for the Hampton Inn Hotel Project to be
Located at 2129 North Main Street
AGENDA TITLE:
Second Extension of Conditional Use Permit No. 2017-29 and Variance No. 2017-07 for
the Hampton Inn Hotel Project to be Located at 2129 North Main Street
RECOMMENDED ACTION
Adopt a resolution approving a second one-year extension of Conditional Use Permit No.
2017-29 and Variance No. 2017-07 to August 20, 2022.
DISCUSSION
On February 20, 2018, the City Council affirmed the Planning Commission’s decision to
approve a conditional use permit and a variance for a new six-story, 135-room Hampton
Inn Hotel at 2129 North Main Street. Specifically, the conditional use permit was to allow a
hotel in the Community Commercial – Museum District (C1-MD) zoning district, while the
variance was to allow a reduction in parking, setbacks, wall height, and signage. Due to
difficulties stemming from the COVID-19 global pandemic, which affected the hospitality
industry worldwide, and the difficulties in securing financing for hospitality projects such as
the proposed hotel, the applicant has been unable to move forward with the permitting for
the new hotel development.
Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), entitlements such
as conditional use permits and variances automatically become void should the property
owner fail to institute an action to comply with the provisions of the entitlements within two
years of its approval. This section of the SAMC also allows the property owner to request
an extension of the entitlement up to a period of three years from the date of expiration,
which the applicant applied for on February 20, 2020. On March 17, 2020, the City Council
adopted a resolution approving the first of three possible one-year entitlement extensions
for the project. Shortly thereafter, a state of local emergency was declared stemming from
the COVID-19 pandemic. The extension, which was set to expire on February 20, 2021,
was therefore automatically extended to August 20, 2021 due to several local executive
Second extension of entitlements for the Hampton Inn hotel project to be located at 2129
North Main Street.
September 21, 2021
Page 2
orders providing relief for entitled projects. The applicant submitted a second request for a
one-year extension before the August 20, 2021 expiration.
The applicant has completed the plan check process, with permits being able to be issued
once the applicant pays the necessary City fees. As a result, the applicant would like to
maintain the entitlements and is requesting a second one-year extension of the conditional
use permit and variance. Since the applicant may obtain building permits later this year,
the Planning Division recommends that the entitlements for the development be extended
by another period of one year to August 20, 2022.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the approval of the time
extension is exempt from CEQA per Section 15061 (b)(3). This determination has been
made as it has been determined that the proposed action will not cause a significant effect
on the environment.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1.Resolution
2.Full project plans
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager
jmf 8-31-21
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A SECOND ONE-YEAR
EXTENSION OF CONDITIONAL USE PERMIT NO. 2017-29
AND VARIANCE NO. 2017-07 FOR THE HAMPTON INN
HOTEL DEVELOPMENT TO BE LOCATED AT 2129
NORTH MAIN STREET
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. On February 20, 2018, the City Council affirmed the Planning Commi
recommendation to approve Conditional Use Permit No. 2017-29 and
Variance No. 2017-07 to allow the development of a six-story, 135-room
hotel development at 2129 North Main Street. On February 20, 2020, the
applicant requested an extension of the entitlements.
B. On March 17, 2020, the City Council adopted a resolution approving the
first of three possible one-year entitlement extensions for the project.
Shortly thereafter, a state of local emergency was declared stemming from
the COVID-19 pandemic. Successive executive orders extended the
expiration date from February 20, 2021 to August 20, 2021.
C. Due to difficulties in securing funding for hospitality projects such as the
proposed hotel stemming from the global COVID-19 pandemic, the
applicant has been unable to move forward with the development and is
requesting a second extension for the conditional use permit and variance.
Ino more than one-year
extensions at a time, mainly in an effort to encourage the construction of
previously approved projects.
D. Upon the securing of funding for the project, the applicant intends to
obtain all necessary building permits for the project. The plans for the
project have completed the plan check phase of development and are
ready for permit issuance. The applicant expects to obtain permits and
start construction later this year.
E. Pursuant to City of Santa Ana Municipal Code Section 41-647, where
construction does not commence, these types of entitlements expire after
two (2) years unless the applicant applies for, and the City Council
approves, an extension. Up to three extensions may be granted.
Resolution No. 2021-XXX
Page 1 of 3
F.The applicant filed a request for the extension on August 17, 2021. The
extension request camebefore the City Council on September 21, 2021.
G.In accordance with the California Environmental Quality Act(CEQA) and
the CEQA Guidelines, theextension for this project is exempt pursuant to
Section 15061(b)(3). This determination has been made as it has been
determined that the proposed actiondoes not have the potential to cause a
significant effect on the environment.
Section 2.Conditional Use Permit No. 2017-29 and Variance No. 2017-07are
each hereby extended for a period of one (1) year until August 20, 2022. This decision
is based upon the evidence submitted, which includes,but is not limited to, the Request
for Council Action dated September 21, 2021,and exhibits attached thereto, and any
public testimony, all of which are incorporated hereinby 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.
ADOPTED this day of September, 2021.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:________________________
John M. Funk
Sr. Assistant City Attorney
AYES:Councilmembers ___________________________________
NOES:Councilmembers ___________________________________
ABSTAIN:Councilmembers ___________________________________
NOT PRESENT:Councilmembers ___________________________________
Resolution No. 2021-XXX
Page 2of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2021-______ to be the original resolution adopted by the City Council of
the City of Santa Ana on _______________, 2021.
Date: ____________ ________________________________
Clerk of the Council
City of Santa Ana
Resolution No. 2021-XXX
Page 3 of 3
ENTITLEMENT SUBMITTAL 07-21-2017
2129 NORTH MAIN STREET SANTA ANA, CA
MAIN STREET HOTEL
SANTA ANA, CALIFORNIA
GRADING-DRAINAGE PLAN
SOUTH EAST OF MAIN STREET & HIGHWAY 5
PRELIMINARY
HAMPTON INN
andyby:Jan/17/2018 9:50 AMborder last saved:
ENTITLEMENT SUBMITTAL 07-21-2017
2129 NORTH MAIN STREET SANTA ANA, CA
SANTA ANA, CALIFORNIA
MAIN STREET HOTEL
SOUTH EAST OF MAIN STREET & HIGHWAY 5
PRELIMINARY UTILITY PLAN
HAMPTON INN
andyby:Jan/17/2018 9:50 AMborder last saved:
ENTITLEMENT SUBMITTAL 07/21/2017
2129 NORTH MAIN STREET SANTA ANA, CA
MAIN STREET HOTEL
SANTA ANA, CALIFORNIA
WQMP PLAN
SOUTH EAST OF MAIN STREET & HIGHWAY 5
PRELIMINARY
HAMPTON INN
andyby:Nov/17/2017 11:08 AMborder last saved:
ENTITLEMENT SUBMITTAL 07-21-2017
andyby:Jul/21/2017 10:54 AMborder last saved:
ENTITLEMENT SUBMITTAL 07-21-2017
andyby:Jul/21/2017 10:54 AMborder last saved:
ENTITLEMENT SUBMITTAL 07-21-2017
andyby:Jul/20/2017 7:39 PMborder last saved:
Clerk of the Council Office
www.santa-ana.org/cc
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Redistricting Ward Boundaries
AGENDA TITLE:
Adopt a Resolution Declaring Intent to Change the Ward Boundaries and Consider the
Timeline for the Redistricting Process
RECOMMENDED ACTION
Adopt a resolution declaring the City’s intention to consider changes to boundary lines of
Wards and fixing the time and place of said Hearings to be held on October 5, October
19, November 2, November 16, and December 7, 2021 at 7:00 p.m. at each hearing.
DISCUSSION
Each city with ward-based elections is required to update (redistrict) the ward boundaries
every ten years, following the receipt of updated population data from each federal
decennial census. It is anticipated that the 2020 federal census will be published and
available to the City on September 20, 2021. Since the City of Santa Ana has ward-based
elections for six Councilmembers and a Citywide Mayor seat, the City is required to
redistrict the ward boundaries prior to the next election of Councilmembers in 2022.
Councilmember Wards 1, 3, and 5 were on the ballot on November 3, 2020, and
Councilmember Wards 2, 4, and 6 will be on the ballot on November 8, 2022. Although
the City recently established the ward boundaries on December 4, 2018 for the November
2020 election, the boundaries are based on the 2010 federal census, which means the
City must now update the boundaries through the redistricting process based on the 2020
federal census.
All city redistricting must follow charter guidelines and current municipal code listed below:
Charter Article I
Section 101.1 – Wards of the city
Prior to the general election in 1988 the City Council shall divide the City into six
(6) wards by ordinance according to the following formula:
Each of the wards is to be as nearly equal in population as possible. The wards
shall be composed of contiguous and compact territory and bounded by natural
boundaries of street lines wherever possible. Any territory hereafter annexed to
Redistricting Ward Boundaries
September 21, 2021
Page 2
or consolidated with the City shall become a part of the ward to which it is most
contiguous, pending any redistricting necessary to promote equality of population
among the wards.
(Prop. of 4-9-57, approved on 4-16-57; Prop. of 2-4-63, approved on 4-2-63; Res.
No. 63-027; Ord. No. NS-1316, 8-24-76, approved at election 11-2-76; Ord. No.
NS-1521, 3-17-80, approved at election 6-3-80; Ord. No. NS-1864, 8-19-86,
approved at election 11-4-86)
Section 101.2 – Wards, boundary changes
Ward boundaries shall not be altered except as reasonably necessary to promote greater
equality of population among the wards when such necessity is shown by the most recent
federal decennial census, or by more current census data certified by the City Council as
sufficiently reliable and detailed to serve as a basis for ward boundary alteration, or by
annexation or consolidation of territory. Such boundary alteration shall be made only
by ordinance adopted by affirmative vote of at least two-thirds ( 2/3 ) of the full
membership of the City Council in accordance with section 101.4. Any such
ordinance adopted within one hundred twenty (120) days immediately preceding any
election of council members shall not become effective until the day following such
election.
(Prop. of 4-9-57, approved on 4-16-57; Prop. of 2-4-63, approved on 4-2-63; Res. No. 63-
027; Ord. No. NS-1316, 8-24-76, approved at election 11-2-76)
Section 101.4 – Notice and public hearing
Before making any change, modification or realignment of ward boundaries or numbers
of wards, the City Council shall pass a resolution declaring its intention to make such
changes. Such resolution shall set forth a convenient day, hour, and place when and
where any persons having any interest therein, or any objection to the making thereof,
may appear before the City Council and be heard thereon. The City Council shall direct
the Clerk of the Council to give notice by publishing said resolution once a week
for two (2) weeks in the official newspaper prior to the date set for hearing. Said
hearing in the event of increasing the number of wards shall be held not less than
sixty (60) days prior to the succeeding general municipal election. In any event, not
less than thirty (30) days prior to the general municipal election, publication shall
be made by map diagram in the official newspaper showing the new boundary lines
of each and every ward.
Charter Article IV – Section 400 – Number, selection and terms of members
Ordinance No. NS-2958 (2018)
Staff is recommending that the City Council adopt the attached Resolution of Intention to
modify the Ward Boundaries (Exhibit 2). The City’s Charter requires that a resolution be
approved and published in a paper of general circulation prior to adoption of Ward
Boundaries and be adopted by a majority vote.
Redistricting Ward Boundaries
September 21, 2021
Page 3
The Public Hearings scheduled on October 5, October 19, November 2, and November
16, 2021 are required pursuant to Elections Code Section 21627.1. Staff has scheduled
two Hearings to receive input from the community about their ideas for potential
“communities of interest” and to provide criteria for mapping of new Ward boundaries.
The culmination of these two Hearings will result in the development of proposed new
Ward map(s) for consideration at the subsequent Hearings scheduled on November 2
and November 16, 2021. The Hearing on December 7, 2021 will be for the City Council
to consider the first reading to adopt an ordinance setting new Ward boundaries. A
timeline of events is attached as reference in Exhibit 1. The City Charter requires new
Ward Boundary Map to be approved by a 2/3 affirmative vote and at least 120 days before
an election.
Staff has hired the firm Redistricting Partners to assist the City in conducting the public
outreach effort and preparing the maps for consideration that will comply with the Federal
and California law. Also, the firm will provide a web-based platform for residents to review
proposed maps and engage the community throughout the process.
October 5, 2021: The City will hold its first public hearing before maps are drawn.
Updated Public Input Workshops:
Saturday, September 25, 2021, 10:00 a.m. – Delhi Center, 505 E. Central
Ave.
Thursday, October 7, 2021, 6:00 p.m. – Pentecostal Church of God, 1025
W. Memory Lane
Saturday, October 9, 2021, at 10:00a.m. at Southwest Senior Center, 2201
W McFadden Ave
Saturday, October 23, 2021, at 1:00 p.m. at Salgado Recreation Center,
706 N. Newhope St.
Friday, October 29, 2021, at 6:00 p.m. at El Salvador Community Center,
1825 W Civic Center Dr.
Saturday, November 06, 2021, at 10:00 a.m. at Memorial Community
Center, 2102 S Flower St.
October 19, 2021: The City will hold its second public hearing to present 2020
Census findings to the Mayor and City Council during a regular meeting, including
redistricting process updates.
November 2, 2021: The City will hold its third public hearing to present staff
recommended initial draft map (or maps) and accompanying technical report to
Mayor and City Council during a regular meeting, along with public comment and
submitted proposed maps analysis, and conduct the first public hearing on the draft
map.
November 16, 2021: The City will hold the fourth public hearing on the draft map.
Redistricting Ward Boundaries
September 21, 2021
Page 4
December 7, 2021: Present staff recommended final map for approval. Adoption
of final map and first reading of ordinance by the City Council.
December 21, 2021: Adoption of final map and second reading of ordinance by
the City Council.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Timeline of Events
2. Resolution of Intent
Submitted By: Daisy Gomez, Clerk of the Council
Approved By: Kristine Ridge, City Manager
EXHIBIT 1:
TIMELINE OF EVENTS FOR
WARD-REDISTRICTING PROCESS
DATEDESCRIPTION OF EVENT / ACTION
COMMUNITY MEETING #1 – Saturday, September 25, 2021, at
September 25
10:00 a.m. at Delhi Center, 505 E. Central Ave, Santa Ana, CA
October 5 PUBLIC HEARING #1 – City Council Meeting at 7:00 p.m.
COMMUNITY MEETING #2 – Thursday, October 7, 2021, at 6:00
October 7p.m. at Pentecostal Church of God, 1025 W. Memory Lane, Santa
Ana, CA
COMMUNITY MEETING #3 – Saturday October 9, 2021 at
October 910:00a.m. at Southwest Senior Center, 2201 W McFadden Ave,
Santa Ana, CA
October 19 PUBLIC HEARING #2 – City Council Meeting at 7:00 p.m.
COMMUNITY MEETING #4 – Saturday, October 23, 2021, at 1:00
October 23p.m. at Salgado Recreation Center, 706 N. Newhope St., Santa
Ana, CA
COMMUNITY MEETING #5 – Friday, October 29, 2021, at 6:00
October 29p.m. at El Salvador Community Center, 1825 W Civic Center Dr,
Santa Ana, CA
PUBLIC HEARING #3 – (Map Development Session) at 7:00 p.m.
Presentation and Adoption of Draft City Council Member Ward
Boundaries Map (NOTE: requires 7 days of publication prior to
November 2
Hearing and adoption)
Pre- Final Map Public Hearing
Adjourn Hearing #3 to Hearing #4 for further consideration.
COMMUNITY MEETING #6 – Saturday, November 06, 2021, at
November 610:00 a.m. at Memorial Community Center, 2102 S Flower St, Santa
Ana, CA
PUBLIC HEARING #4 – City Council Meeting at 7:00 p.m.
November 16
(Map Development Session Cont.)
st
PUBLIC HEARING #5 - Adoption (1 reading) of Ordinance
establishing New Ward Boundaries at 7:00 p.m.
Review Proposed Maps as published and considered at previous
December 7Meeting. If any changes, will need to republish (NOTE: requires 7
days of publication prior to Hearing and adoption)
Approve first reading of Ordinance and authorize publication of
Ordinance (Requires five affirmative votes.)
Adoption (2nd reading) of Ordinance establishing New Ward
December 21
Boundaries.
CURRENT WARD BOUNDARIES
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, DECLARING ITS INTENTION TO CONSIDER
CHANGES TO BOUNDARY LINES OF WARDS, AND
FIXING THEDATE,TIME AND PLACE OF SAID
HEARINGS THEREON
WHEREAS,In2020thefederaldecennialcensuswasconductedandcensus
data wasrecentlyreleasedbythefederal government.
WHEREAS,pursuanttoCalifornia FmfdujpotDpef Section21621,afterthe
federaldecennial census,theCity CouncilshalladoptboundariesofallCouncilwards.
WHEREAS,SantaAnaCharterSection101.4requiresthat,beforemakingany
change,modificationorrealignmentofwardboundaries,theCityCouncilshallpassa
resolution declaring its intention to make such change.
WHEREAS, The City Council will set Public Hearing dates and locations in which
any person having an interest in, objection to, or suggestion regarding the making of
changes in ard boundary lines may appear before the City Council and be heard
thereon.
WHEREAS, Santa Ana Charter Section 101.4 provides that the City Council shall
directtheClerkoftheCounciltogivenoticeofsaidhearingsbypublishingthis
Resolution once a week for two weeks in a newspaper of general circulation in the City.
NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFSANTAANA
RESOLVESASFOLLOWS:
SECTION 1.TheCityCouncilherebydeclares its intentiontoconsidermaking
changes,modificationsor realignmentofward boundaries.
SECTION 2.PublicHearingdatestoconsidermakingchangestocurrentward
boundarylinesareherebyscheduledforOctober5,2021at7:00p.m.,October19,
2021at7:00p.m.,November2,2021at7:00p.m.,November16,2021at7:00p.m.,
andDecember7,2021at7:00p.m.Thefirsttwo(2) PublicHearingswillseekinput
regardingpossiblechangestothewardboundariesbeforeanyproposedwardmap(s)
aredrawn.Thenexttwo(2) PublicHearingswillseekinputregardingthecontentof
the draft map(s). TheCityCouncil will consider the introduction and first reading of an
OrdinanceestablishingthenewardboundariesonDecember7,2021.On
December 21, 2021,the City Council will consider final adoption of an Ordinance
establishing the new ward boundaries.
Resolution No. 2021-XXX
Page 1of 3
SECTION 3. Additional public input workshop dates have been scheduled for
Saturday, September 25, 2021, 10 a.m. Delhi Center, 505 E. Central Ave.,Thursday,
October 7, 2021, 6:00 p.m. Pentecostal Church of God, 1025 W. Memory Lane,
Saturday October 9, 2021, 10 a.m.Southwest Senior Center, 2201 W. McFadden
Ave.,Saturday October 23, 2021,1 p.m. Salgado Recreation Center, 706 N.
Newhope St, Friday October 29, 2021,6 p.m -El Salvador Community Center, 1825 W
Civic Center Dr, and Saturday November 6,2021,10 a.m.Memorial Community
Center, 2102 S Flower St.
SECTION 4.The City Council directs the Clerk of Council to give notice of the
public hearings and public input workshops by publishing this resolution once a week for
two (2) weeks in a newspaper of general circulation.
SECTION 5. The City Council directs staff to work with the demographerand
current demographics and any other information or data necessary to prepare ward re-
boundary maps that divides the City into voting wards in a manner consistent with
federal and state law, including, but not limited to theU.S. Constitution, the California
Constitution, the federal Voting Rights Act,and the City Charter.
SECTION 6. The City Council directs staff to establish a means of
communication to answer questions from the public regarding hearings dates andto
makeevery effort possible to translate material and notices in multiple languages,
including Spanish, Vietnamese, Chinese and Korean.
SECTION 7. This Resolution shall take effect immediately upon its adoption by
a majority of the City Council, and the Clerk of the Council shall attest to and certify the
vote adopting this Resolution.
ADOPTED this ___day of___________, 2021.
_
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney
Resolution No. 2021-XXX
Page 2of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No.
2021 -XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on__________________.
Date:
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2021-XXX
Page 3 of 3
Human Resources
www.santa-ana.org/hr
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Create the Job Classification Homeless Services Division Manager - Retired
Annuitant and Appoint Kenneth Gominsky Jr. into the position of Homeless Services
Division Manager - Retired Annuitant.
AGENDA TITLE:
Adopt Two Resolutions i) Amending Resolution No. 2015-026 Establishing an Extra-help
Classification of Homeless Services Division Manager - Retired Annuitant and ii)
Appointing Kenneth Gominsky Jr. into the Classification of “Homeless Services Division
Manager - Retired Annuitant” at the Rate of $84.47 per Hour
RECOMMENDED ACTION
Adopt two resolutions:
i)amending Resolution No. 2015-026 establishing an extra-help classification of
Homeless Services Division Manager - Retired Annuitant and
ii)appointing Kenneth Gominsky Jr. into the classification of “Homeless Services
Division Manager - Retired Annuitant” at the rate of $84.47 per hour.
DISCUSSION
Kenneth Gominsky Jr. served 32 years with City of Santa Ana Police Department, retiring
as Police Captain on August 4, 2021. Prior to his retirement, Mr. Gominsky was an
integral part of the City’s team addressing homelessness.
Pursuant to California Government Code Section 7522.56, a retiree through the California
Public Employees Retirement System (“CalPERS”) can be appointed by the appointing
power of the employer without reinstatement or loss of retirement benefits either during
an emergency to prevent stoppage of public business or because the retiree has skills
needed to perform work of limited duration. However, the retiree shall not be eligible to
be employed for a period of one hundred eighty (180) days following date of retirement,
unless an employer certifies the nature of employment and that the appointment is
necessary to fill a critically needed position before one hundred eighty (180) days have
passed and the appointment has been approved by the governing body of the employer
in a public meeting. Mr. Gominsky’s retirement from CalPERS leaves the City in critical
need in its continuing efforts to address and remedy homelessness.
Retired Annuitant
September 21, 2021
Page 2
In 2019, a point-in-time count indicated approximately 1,663 homeless individuals resided
in the Santa Ana868 of them were sheltered, leaving the other 795 individuals living on
the streets. Moreover, Santa Ana 911 Police Dispatch has received over 21,000
emergency calls in the last 12 months regarding the homeless. Creation of this
classification, when combined with the additional services provided by non-profits, will
bridge the City’s efforts to divert the high number of homeless related calls coming into
our 911 dispatch. Onboarding this individual is critical prior to us expanding our services
and outreach. This is a critical function that the City must be able to provide as soon as
possible to assist the multitude of homeless residents.
Mr. Gominsky will provide essential facilitation and oversight to the City’s homeless
services and efforts. Mr. Gominsky has specialized knowledge and expertise of the
homeless services provided by the City across multiple City departments and in the
community. It is imperative that Mr. Gominsky provide his expertise immediately so the
City can continue to expand its services and coordination with other agencies to ensure
the homeless residents of Santa Ana are receiving the assistance and programs they
need.
Approval of the aforementioned actions will enable the City to provide the ongoing critical
services to the community.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this amendment are budgeted and available in the following account:
Fiscal Accounting Unit-Fund Accounting Unit, Amount
YearAccount #DescriptionAccount Description
FY21-2201103010-61020General Fund City Manager’s Office $82,000
Salary
EXHIBIT(S)
1.Resolution to create the job classification of Retired Annuitant
2.Resolution to appoint Kenneth Gominsky Jr. to the position of Homeless Services
Division Manager - Retired Annuitant
Submitted By: Jason R. Motsick, Executive Director of Human Resources
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
RESOLUTION NO. 2021-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA TO AMEND RESOLUTION NO. 2015-026, AS
AMENDED,TO EFFECT CERTAIN CHANGES TO THE
ASIC CLASSIFICATION AND COMPENSATION
PLAN.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Councilof the City of Santa Anahereby finds, determines,
and declares as follows:
Section 1004, Article X of the City Charter of the City of Santa Ana
requires the City Manager to prepare,install, and maintain a position
classification and pay plan subject to civil service rules and regulations
and the approval of theCityCouncil.
On June 16, 2015, the City Council adopted Resolution
No. 2015-026 amending and re-establishing the Basic Classification and
Compensation Plan for all Full- and Part-Time Classifications of Officers
and Employees of the City of Santa Ana. This Resolution has been
amended numerous times since itsadoption.
The City desires to amend the Classification and Compensation plan, as
amended, to include a position designated as Homeless Services Division
Manager - Retired Annuitant
limited duration or during an emergency to prevent stoppage of public
business, as defined in the California Government Code sections 7522.56
and21224
The City Council has amended and reestablished the Basic Classification
andCompensationPlanonnumerous occasions since itsadoption.
It is now desiredto amend Council ResolutionNo.2015-026, as amended,
inorder to effectthisaddition, as shown below:
Section 2:The Santa Ana City Council amends Resolution No. 2015-026,as
amended,as follows:
Establishing the followingextra helpclassificationto perform work of a limited
durationat thehourly rate range:
Resolution 2021-XXX
Page 1of 3
HourlyRate Range Effective9/21/2021
Classification TitleMinimum-Maximum
HomelessServicesDivisionManager- Retired Annuitant
$56.91 - $84.47
Section 3: All salaryand hourlyrate range classifications are set forth in the
Section4:That except as amended by this Resolution, allother provisions of
Resolution No. 2015-026,as amended,shall remain in full force and effect.
Section 5:This Resolutionshall take effect immediately upon itsadoption by
the City Council, and the Clerk of Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this21st day ofSeptember2021.
___________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: __________________
Laura A. Rossini
Chief Assistant City Attorney
Resolution2021-XXX
Page 2of 3
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2021-___ to be the original Resolution adopted by the City Council of the
City of Santa Ana on September 21, 2021
Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana
ATTACHMENT 1: EXHIBIT L
Resolution 2021-XXX
Page 3 of 3
Attachment 1
EXHIBIT L
THE CITY OF SANTA ANA
POSITION CLASSIFICATION AND PAY PLAN
FOR CLASSIFICATION AND TITLE
OF EXTRA HELP FOR A LIMITED DURATION OR DURING AN
EMERGENCY TO PREVENT STOPPAGE OF PUBLIC BUSINESS.
Hourly Rate Range Effective 9/21/2021
Classification Title Minimum-Maximum
Homeless Services Division Manager - Retired Annuitant $56.91 - $84.47
EXHIBIT 2
RESOLUTION NO. 2021-XX
ARESOLUTIONOF THECITYCOUNCILOF THECITYOF
SANTAANAFOREXCEPTIONTO THE180-DAYWAIT
PERIOD IN COMPLIANCE WITH GOVERNMENT CODE
SECTIONS 7522.56 AND 21224
WHEREAS,In compliance with Government Code Section 7522.56,the City
Council of the City of Santa Ana must provide CalPERS this certification resolution
when hiring a retiree before 180-days havepassed since his or her retirement date; and
WHEREAS, Kenneth Gominsky Jr., CalPERS ID1833203649, retired from the
City of Santa Ana from the position of Police Captain, effective August 4, 2021; and
WHEREAS, Government Code Section 7522.56 requires that post-retirement
employment commence no earlier than 180-days after the retirement date,which is
January 31, 2022without this certification resolution; and
WHEREAS, Government Code Section 7522.56 provides that this exception to
the 180-day wait period shall not apply if the retiree accepts any retirement-related
incentive; and
WHEREAS, TheCity Council of the Cityof Santa Ana, the City of Santa Ana and
Kenneth Gominsky Jr. certify that Kenneth Gominsky Jr. has not and will not receive a
Golden Handshake or any other retirement-related incentive; and
WHEREAS, TheCity Council of the City of Santa Ana hereby appoints Kenneth
Gominsky Jr. as an extra-help retired annuitant to perform the duties of aHomeless
Services Division Manager-Retired Annuitantfor the City of Santa Ana under
Government Code Section 21224 effective September 22, 2021;and
WHEREAS, the entireemployment agreement, contract or appointment
document between Kenneth Gominsky, Jr. and the City of Santa Ana has been
reviewed by this body and is attached herein; and
WHEREAS, Nomatters, issues, terms,or conditions related to this employment
and appointment have been or will be placed on a consent calendar; and
WHEREAS, The employment shall be limited to 960 hours per fiscal year; and
WHEREAS, Thecompensation paid to retirees cannot be less than the minimum
nor exceed the maximum monthly base salary paid to other employees performing
comparable duties, divided by 173.333 to equal the hourly rate; and
Resolution 2021-XXX
Page 1of 3
WHEREAS, Theminimum base salary for this position is $9,865 and the hourly
equivalent is $56.91 and the maximum base salary for this position is $14,642and the
hourly equivalent is $84.47;and
WHEREAS, The hourly rate paid to Kenneth Gominsky Jr. will be$84.47; and
WHEREAS, Kenneth GominskyJr.has not and will not receive any other benefit,
incentive, compensation in lieu of benefit,or other form of compensation in addition to
his hourly pay rate.
NOW THEREFORE, BE IT RESOLVED bythe City Council of the City of Santa
Anaas follows:
Section 1.The City Council of the City of Santa Ana hereby certifies the
nature of the employmentof Kenneth Gominsky Jr. as described hereinand detailed in
the attached employment agreement, appointment document, or employment document
andthat this appointment is necessary to fill the critically needed position ofHomeless
Services Division Manager Retired Annuitant for the City of Santa Anaby September
22, 2021, to provide essential and specialized knowledge and expertise to expand the
Section 2.This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this21st day ofSeptember2021.
___________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: __________________
Laura A. Rossini
Chief Assistant City Attorney
Resolution 2021-XXX
Page 2of 3
AYES:Councilmembers
NOES:Councilmembers
ABSTAIN:Councilmembers
NOT PRESENT:Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I,Daisy Gomez, Clerk of the Council, do hereby attest to and certifythe attached
Resolution No. 2021-___ to be the original Resolution adopted by the City Council of the
City of Santa Ana on September 21,2021
Date: ___________________ ____________________________
Clerk of the Council
City of Santa Ana
Resolution 2021-XXX
Page 3of 3
CITY OF SANTA ANA
HUMAN RESOURCES DEPARTMENT
Jason R. Motsick
Executive Director of Human Resources
Santa Ana, California 92702
vmw.santa-ana.orq
September 14, 2021
Kenneth Gominsky Jr.
Dear Kenneth:
Congratulations, it is with great pleasure that I provide you with additional details regarding your
offer of employment as a Homeless Services Division Manager Retired Annuitant for the City
of Santa Ana. To summarize our understanding, discussed below are the details of our
arrangement:
You are an "at-will" employee and serve at the pleasure of the City Manager. Your rate of pay is
$84.47 per hour with no other benefit, incentive, compensation in lieu of benefits, or other form
th th
of compensation in addition to this hourly pay rate. You will be paid bi-monthly (the 5& 20of
each month). Your start date is Wednesday, September 22, 2021. Your duties include but are not
limited to:
Facilitation and oversight to the City's homeless services and efforts.
Coordinate homeless policies and initiatives with local government agencies, law
enforcement, city staff, and other community based organizations.
Perform other specific projects as assigned.
In addition, your employment as a retired annuitant is contingent upon Council approval and
compliance with CalPERS regulations for retired annuitants. You are hired by the City of Santa
Ana as a retired annuitant in a temporary, limited duration assignment not to exceed 960-hours
st th
in a fiscal year (July Ithrough June 30). You must ensure your employment remains in
compliance with CalPERS regulations as stated in their "Employment After Retirement,
Publication 33". By signing this offer, you are also certifying that you have not received any
unemployment insurance compensation for prior retired annuitant employment with any public
Your knowledge, expertise, and work history demonstrating your skills to perform the work
required for these projects will assist the City in successfully implementing projects/programs.
We will contact you with the details for arriving on your first day.
Department Head or Designee:
I have discus ed the conditional offer of employment with the retiree.
Retiree:
I have received, read, and agree to the contents of this offer of employment. I understand that
this is an offer of at-will employment and that I do not have any recourse or right to appeal
should I not successfully meet the established qualification standards.
09/14/2021
Signature Date
City Manager Office
www.santa-ana.org/cm
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Police Oversight Ad Hoc Committee
AGENDA TITLE:
Establish and Appoint Two to Three Members of the City Council to the Police Oversight
Ad Hoc Committee
RECOMMENDED ACTION
It is recommended that the Mayor establish the Police Oversight Ad Hoc Committee and
appoint two to three members of the City Council to serve on it.
DISCUSSION
Introduction
As local elected officials, members of the City Council engage in policymaking relating to
matters of importance for the City of Santa Ana. While some policy issues may be routine
in nature, from time to time the City Council is presented with specific issues, such as
police oversight, which may require the establishment of an ad hoc committee to meet for
a limited time duration to address such issues. Ad hoc committees are established by the
Mayor and at his discretion.
Police Oversight
At the September 7, 2021 meeting, staff presented an informational report regarding
police oversight. The informational report provided an overview of the Auditor/Monitor and
Investigation-Focused models of police oversight. Additionally, the report explored the
make-up of police oversight mechanisms in Berkeley, Oakland, Riverside, and Anaheim,
including their scope of responsibility, use of subpoena, operating budgets, and staffing.
Finally, the report shared findings of a community survey. At the conclusion of the
presentation, members of the City Council deliberated and ultimately directed staff to
return to the City Council to request that Mayor Sarmiento appoint an ad hoc committee
to discuss police oversight.
Police Oversight Ad Hoc Committee
To move forward in the most efficient manner, staff is requesting that the Mayor establish
the Police Oversight Ad Hoc Committee in compliance with the Ralph M. Brown Act. In
Police Oversight Ad Hoc Committee
September 21, 2021
Page 2
establishing the ad hoc committee, the City Council must articulate the specific task or
objective that the ad hoc committee is expected to complete or perform and further
requires the City Council to establish a time frame for the completion of that task or
objective. If established as requested, the proposed ad hoc committee will meet to carry
out a specific purpose and for a limited duration of time as further discussed below.
The proposed scope of the Police Oversight Ad Hoc Committee is as follows:
Composed solely of two to three members of the City Council
o Members are appointed by the Mayor
Serves in an advisory capacity to the City Council
Studies, reviews, or discusses the following topics:
o Identify the advantages and disadvantages of various police oversight
models.
o Assess the legal requirements to establish a police oversight mechanism.
o Discuss collective bargaining limitations.
o Identify objectives and scope of a police oversight mechanism.
o Develop a specific and detailed budget estimate.
o Receive reports from law enforcement to understand their perspective.
Reports in intervals as needed
Automatically dissolves upon the report to the full City Council
To ensure progress, the ad hoc committee should report to the City Council at regular
intervals (e.g. three months, six months, and nine months) with the expectation that a
final set of recommendations shall be prepared within one year, for consideration by the
City Council.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
N/A
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Manager Office
www.santa-ana.org/cm
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: School Collaboration City Council Subcommittee
AGENDA TITLE:
Appoint Two to Three Members of the City Council to the School Collaboration City
Council Subcommittee
RECOMMENDED ACTION
Appoint two to three Members of the City Council to the School Collaboration City Council
Subcommittee for terms expiring on December 21, 2022.
DISCUSSION
Introduction
At the September 7, 2021 meeting, the City Council received an informational report that
detailed the findings of the School Collaboration Ad Hoc Committee. The Ad Hoc
Committee, composed of Councilmembers Mendoza, Hernandez, and Lopez, had met
five times to discuss opportunities to collaborate with the various educational institutions
in Santa Ana, joint-use agreements, and the Santa Ana Water Tower. One of the
recommendations of the Ad Hoc Committee was to disband the Ad Hoc Committee and
establish a standing subcommittee of the City Council to continue to meet to study,
review, and discuss school collaboration.
Resolution Establishing the School Collaboration City Council Subcommittee
At this same meeting, the City Council adopted a resolution to establish a standing
subcommittee, the School Collaboration City Council Subcommittee. The purpose of the
Subcommittee is to study, review, and/or discuss the following topics:
Create opportunities to collaborate with educational institutions that serve Santa
Ana, including public school districts (such as the Santa Ana Unified School
District, Garden Grove Unified School Districts, and others), private schools,
charter schools, higher education institutions, and others to improve service
delivery.
Identify existing and future joint-use agreements for City-owned and school district-
owned facilities to streamline and modernize service delivery.
School Collaboration City Council Subcommittee
September 21, 2021
Page 2
The Subcommittee will create and approve its own by-laws that will provide further detail
relating to its scope of work of advising the City Council. Provisions of these by-laws will
include, among other parameters, a recurring meeting schedule. Additionally, the City will
seek to convene Subcommittee meetings jointly with legislative bodies from other
educational institutions. To date, the City has received notification from the Santa Ana
Unified School District that their Governing Board is interesting in meeting jointly with the
Subcommittee.
Make-Up of the Subcommittee
The School Collaboration City Council Subcommittee will consist of two or three members
who are appointed by a majority of the entire City Council at a public meeting. Additionally,
each member of the subcommittee will serve for a two-year term commencing with the
first meeting of the newly installed City Council following a general election (note: since
this subcommittee was established on September 7, 2021, councilmembers who are
appointed to serve on it will serve a term through the first meeting of the newly installed
City Council following the November 8, 2022 general election, or on December 21, 2022).
These provisions are consistent with the provisions established in Resolution 2017-009,
which established the last series of City Council subcommittees.
Standing committees are subject to the various meeting requirements of the Brown Act.
Agendas for standing committees must be posted, minutes must be taken, and the
meetings must be open and accessible to the public, among other requirements.
Action Required
At this time, staff is requesting that the City Council, by a majority vote, appoint two to
three councilmembers to serve on the School Collaboration City Council Subcommittee.
Once members are appointed to the subcommittee, staff will schedule the first
subcommittee meeting.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
Community Development Agency
www.santa-ana.org/cd
Item # 33
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Rent Stabilization Ordinance and Just Cause Eviction Ordinance
AGENDA TITLE:
Adoption of Rent Stabilization Ordinance and Just Cause Eviction Ordinance
RECOMMENDED ACTION
Receive direction from the Housing Ad Hoc Committee and consider the following
options:
1.Adopt an urgency rent stabilization ordinance prohibiting residential real property and
mobilehome space rental increases that exceed three percent (3%) annually, or eighty
percent (80%) of the change in Consumer Price Index, whichever is less, within the
City. (Requires five affirmative votes)
2.Adopt an urgency ordinance requiring just cause evictions. (Requires five affirmative
votes)
3.Adopt a Resolution directing further study and implementation of the additional
regulatory framework and infrastructure necessary to implement residential rent
stabilization, just cause eviction, and other protections for tenants facing housing
instability.
4.Authorize the City Manager to reallocate up to $300,000 from the Revive Santa Ana
Plan to create an Eviction Defense Fund by entering into an Agreement with a
consultant for the administration, management and implementation of the rent
stabilization ordinance and just cause eviction ordinance, and direct the City Attorney
to finalize and authorize the City Manager to enter into negotiations, execute
agreements, and approve any other required actions necessary with various service
providers, contractors, and sub-recipients, who will implement and manage the
ordinances, subject to non-substantive changes approved by the City Manager and
City Attorney.
Rent Stabilization Ordinance and Just Cause Eviction Ordinance
September 21, 2021
Page 2
ALTERNATIVE OPTION:
1.Approve first reading of a rent stabilization ordinance prohibiting residential real
property and mobilehome space rental increases that exceed three percent (3%)
annually, or eighty percent (80%) of the change in Consumer Price Index, whichever
is less, within the City.
2.Approve first reading of an ordinance requiring just cause evictions.
3.Adopt a Resolution directing further study and implementation of the additional
regulatory framework and infrastructure necessary to implement residential rent
stabilization, just cause eviction, and other protections for tenants facing housing
instability.
4.Authorize the City Manager to reallocate up to $300,000 from the Revive Santa Ana
Plan to create an Eviction Defense Fund by entering into an Agreement with a
consultant for the administration, management and implementation of the rent
stabilization ordinance and just cause eviction ordinance, and direct the City Attorney
to finalize and authorize the City Manager to enter into negotiations, execute
agreements, and approve any other required actions necessary with various service
providers, contractors, and sub-recipients, who will implement and manage the
ordinances, subject to non-substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
On March 2, 2021, the Mayor and City Council formed a Housing Ad Hoc Committee. The
Housing Ad Hoc Committee members consist of Mayor Sarmiento and Councilmembers
Lopez and Phan. The Committee convened its first meeting on March 22, 2021, and has
since conducted four additional meetings to discuss various housing issues. The first set
of recommendations from the Committee are related to the Housing Opportunity
Ordinance, which is still being reviewed and considered by City Council. The next set of
recommendations from the Committee are related to rent stabilization, rental protections
for tenants, just cause eviction policies, and tenant displacement and protection policies.
On September 9, 2021, and September 15, 2021, the Housing Ad Hoc Committee
convened and directed staff to:
1.Draft a rent stabilization ordinance and a just cause eviction ordinance.
2.Draft a Resolution to conduct due diligence and research into the administrative
formation of a rent control board following the adoption of a rent stabilization ordinance
and a just cause eviction ordinance.
Rent Stabilization Ordinance and Just Cause Eviction Ordinance
September 21, 2021
Page 3
3.Authorize staff to reallocate Revive Santa Ana funding to create an Eviction Defense
Fund, based on the model of the City’s Deportation Defense Fund.
Following the direction from the Housing Ad Hoc Committee staff have drafted an
ordinance adopting rent stabilization, a second ordinance adopting just cause eviction
protections, a resolution, and a reallocation of Revive Santa Ana funding to create an
Eviction Defense Fund as further described below. These two Ordinances are
recommended by the Housing Ad Hoc Committee as an emergency measure to protect
and preserve the health, safety, and welfare of the residents of the City of Santa Ana in
response to the pending expiration of the State’s COVID-19 emergency residential
eviction moratorium on September 30, 2021. Pursuant to the disclosure of the Mayor at
the City Council meeting on September 7, 2021, the Housing Ad Hoc Committee would
be reviewing policies to protect tenants before the end of the State’s eviction moratorium.
The two Urgency Ordinances will become effective immediately if passed by the
affirmative votes of at least two-thirds (2/3) of the members of the City Council.
Rent Stabilization Ordinance
The Housing Ad Hoc Committee recommends the adoption of an urgency rent
stabilization ordinance prohibiting residential real property and mobilehome space rental
increases that exceed three percent (3%) annually, or eighty percent (80%) of the change
in Consumer Price Index, whichever is less, within the City (Exhibit 1 or 2).
The term Consumer Price Index means, at the time of the adjustment calculation, the
percentage increase in the United State Consumer Price Index (CPI) for all Urban
Consumers in the Los Angeles-Long Beach-Anaheim Metropolitan Area published by the
Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month
period ending prior to the proposed rent increase/adjustment. Regarding the 80% of the
percentage increase in CPI, this is equal to eighty percent (80%) of the percentage
increase in the CPI (All Items, All Urban Consumers for Los Angeles-Long Beach-
Anaheim, California area, or any successor designation of that index that may later be
adopted by the U.S. Bureau of Labor Statistics). For example, if the percentage increase
in the CPI for All Items were 2.5%, the final percentage would be calculated by multiplying
2.5% by 80%. The new amount equals 2%. The amount is then compared to 3% and a
landlord may not increase their rent greater than the lower of the two percentages. In this
example, the landlord would be prohibited from increasing their rent more than 2%. If the
CPI is negative, no rent increase will be permitted. The Ordinance also prohibits more
than one rent increase in any twelve (12) month period. A violation of the Ordinance
occurs upon the service of notice or demand for a prohibited increase in rent.
The rent stabilization cap will apply to buildings built in 1995 or earlier. The rent
stabilization cap for mobilehomes will apply to those mobilehome parks established in
1990 or before—regardless of ownership. (A new mobilehome park name/owner will not
be a loophole to the rent stabilization ordinance.) Mobilehome parks comprise
approximately 5.2% of all housing in the City according to the Mobile Home Parks Report
Rent Stabilization Ordinance and Just Cause Eviction Ordinance
September 21, 2021
Page 4
that was received and filed by City Council on May 21, 2019. There are twenty-nine
mobilehome parks containing 3,913 spaces. Six of the mobilehome parks and 1,020
spaces in the City are currently age-restricted to persons 55 years of age or older.
Relative to the State’s Tenant Protection Act of 2019 (“AB 1482”), the State’s rent
stabilization law caps the statewide rent increases to 5% plus the percentage change in
the CPI, or 10%, whichever is lower. The City’s local Ordinance will go further than
AB 1482 and the protections provided in this Ordinance are more restrictive than those
set forth in AB 1482.
An owner must, on or before the date of commencement of a tenancy, give the tenant or
mobilehome resident a written notice in a form prescribed by the City information on the
existence and scope of the Ordinance and the tenant’s right to respond to any petition
filed with the City as described in detail below. A rent increase cannot take effect until
the notice has been provided.
Fair Return in Response to Takings Clause
In cases where a cap on rent increases poses difficulty for a particular landlord, the legal
requirement for a fair return under the Fifth Amendment takings clause is satisfied so long
as an adequate process is established for the landlord to seek an individualized
adjustment. A CPI-based increase in the Ordinance will provide a just and reasonable
return on an owner’s property, and has been included in the Ordinance to encourage
good management, reward efficiency, and discourage the flight of capital, as well as to
be commensurate with returns on comparable investments, but not so high as to defeat
the purpose of curtailing excessive rents and rental increases. Courts in California have
long upheld the constitutionality of the maintenance of net operating income (MNOI)
standard in these individualized determinations. The MNOI standard typically indexes
increases to those found in the CPI, including indexing the MNOI standard at less than
100% of the change in the CPI. One reason is that such indexing accounts for the fact
that a landlord’s return on investment is not limited to the revenue from rent rolls, but also
includes increases to the landlord’s equity in the property and overall appreciation of the
property. Another reason is that a major component of the CPI is determined by increases
in housing costs, which are often driven by speculation rather than maintenance costs,
and thus these costs unduly influence the rise in the overall CPI. Over the last 40 years,
the change in the CPI for the Los Angeles-Long Beach-Anaheim region for “All Items,
less shelter” was approximately 80% of the change in the CPI for “All Items.” The
Ordinance will index the MNOI standard at 80% of the change in the CPI for “All Items”
as a reasonable guarantee that landlords will obtain a fair rate of return on their
investments.
However, any owner of residential real property or a mobilehome park who contends that
the limit on rental increases set forth in the Ordinance will prevent the owner from
receiving a fair and reasonable return on their property, may petition for relief from the
cap. The owner’s petition must be on an application form prescribed by the City Manager
Rent Stabilization Ordinance and Just Cause Eviction Ordinance
September 21, 2021
Page 5
and shall be decided by the City Manager, or her designee. The owner shall also provide
a copy of any petition submitted to the City to the applicable tenant(s), and provide the
City with proof of completing such service to the applicable tenant(s). The tenant(s) will
then have thirty (30) days from the date of receiving the petition to reply or provide
additional materials to the City in response to the petition. The applicant shall bear the
burden of establishing that a rate increase in excess of the rent stabilization cap is
necessary to provide the applicant with a fair and reasonable return on their property,
including by providing an independent financial report and verified financial data
demonstrating that without such an increase, they will not realize a fair and reasonable
return on their property.
The owner will be responsible for all costs associated with the City’s review of the petition.
Upon receipt of a fair return petition/application, the City Manager shall determine if the
employment of expert(s) will be necessary or appropriate for a proper analysis of the
applicant’s request. If the City Manager so determines, she shall also determine the
anticipated costs of employing such expert(s). The resulting figure shall be
communicated to the applicant, and the application will not be processed until the
applicant has paid to the City the estimated cost of the expert analysis (e.g. cost
recovery). The entire list of factors the City Manager may consider in deciding a fair return
petition/application are provided in the Ordinance. The most notable factors include
consideration of the completion of any capital improvements or rehabilitation work related
to the residential real property or mobilehome space; changes in property taxes; changes
in reasonable operating and maintenance expenses; the need for repairs caused by
circumstances other than ordinary wear and tear; or any existing written lease lawfully
entered into between the applicant and the affected tenant(s). The petition will be decided
by the City Manager within sixty (60) days of the date that the petition was deemed
complete.
Any appeal of the City Manager decision on an application for a fair return adjustment
shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the
Santa Ana Municipal Code. This procedure involves the Clerk of the Council contracting
with an independent hearing officer to adjudicate the appeal.
Exemptions
Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of the Ordinance
regulating the amount of rent that a residential real property owner may charge shall not
apply to any residential real property that has a certificate of occupancy issued after
February 1, 1995; and, any other provisions of the Costa-Hawkins Rental Housing Act
addressing exemptions, as applicable. Pursuant to the Mobilehome Residency Law
(MRL), the provisions of the Ordinance regulating the amount of rent that a mobilehome
park owner may charge for a mobilehome space shall not apply to the following: any
mobilehome space subject to a long term (more than one year) rental agreement; any
newly constructed mobilehome space first offered for rent on or after January 1, 1990;
mobilehomes not being used as a person’s primary residence that are not being leased
Rent Stabilization Ordinance and Just Cause Eviction Ordinance
September 21, 2021
Page 6
to someone else; and, any other provisions of the MRL addressing exemptions, as
applicable.
Just Cause Eviction Ordinance
The Housing Ad Hoc Committee recommends the adoption of an urgency ordinance
requiring just cause evictions (Exhibit 3 or 4). The Just Cause Eviction Ordinance
incorporates AB 1482 as a local Ordinance in the Santa Ana Municipal Code and adds
additional tenant protections. Specifically, AB 1482 provides that a local ordinance
adopted after September 1, 2019, requiring just cause for termination of a residential
tenancy shall supersede AB 1482 only if the ordinance is “more protective.” The
Ordinance therefore adds the following additional tenant protections that are not already
available to Santa Ana residents under AB 1482:
1.Reduces the prior occupancy requirement from 12 months to 30 days before
qualifying for protections;
2.Adds notice of termination of tenancy requirements, including:
a.The owner must serve a written notice to the tenant that states that, in
addition to any information required by federal or state law, the owner will
terminate the tenancy, and that indicates at least one at-fault or no-fault just
cause reason as provided in the Ordinance; and
b.The owner is not allowed to accept rent for use of property beyond the
termination date; and
c.The owner qualifies the termination as at-fault or no-fault just cause, as
specified in the Ordinance; and
d.A copy of the owner’s Notice of Termination of Tenancy sent to the tenant
must be provided to the City within five (5) days after service of the Notice
of Termination to the tenant.
e.The owner must provide the notice in the language that the owner and
tenant used to negotiate the terms of the lease.
3.Adds a requirement that the owner must provide written notice to tenants and/or
mobilehome residents of their rights under the Ordinance on a form prescribed by
the City in the language that the owner and tenant used to negotiate the terms of
the tenancy.
4.The following violations of leases or rental agreements shall not be grounds for
evictions:
a.The obligation to limit occupancy, provided that the additional
tenant/resident who joins the occupants of the unit thereby exceeding the
limits on occupancy set forth in the rental agreement is a dependent under
18, or is a replacement tenant/resident who moved in after an approved
tenant/resident vacated the rental unit, so long as the addition does not
exceed the Uniform Housing Code.
Rent Stabilization Ordinance and Just Cause Eviction Ordinance
September 21, 2021
Page 7
b.A change in the terms of the tenancy that is not the result of an express
written agreement signed by both of the parties.
c.A landlord shall not take any action to terminate a tenancy based on a tenant
/resident’s sublease of the rental unit if certain requirements are met as
described in the Ordinance.
d.Eviction Protections for Victims of Domestic Violence, Elder or Dependent
Adult Abuse, or Sexual Assault, Human Trafficking, or Stalking.
5.Adds a requirement that the owner must provide advance notice to the tenant of
the ability to reoccupy the unit upon completion of repairs or the right of first refusal
of a comparable unit.
6.Adds relocation assistance equal to three (3) months of the tenant’s rent if an
owner issues a notice to terminate for no-fault just cause.
7.Adds retaliatory eviction and anti-harassment regulations.
Enforcement
In the interim period, the City of Santa Ana will not be responsible for the enforcement of
the Ordinances. This is similar to how the State’s Tenant Protection Act of 2019 (AB 1482)
is enforced. When a landlord accepts, receives, or retains any payment or payments in
excess of the lawful rent pursuant to the Ordinance, the tenant/mobile home owner/
resident may file a civil suit against the landlord. A tenant/mobile home owner/resident
may bring a civil suit in the court alleging that a landlord has violated any of the provisions
of the Ordinance(s). A landlord found to violate the Ordinance(s) shall be liable to the
tenant/mobile home owner/resident for all actual damages. Tenants/mobile home
owners/residents and landlords of rental units or mobile homes may seek relief from the
appropriate court in the City of Santa Ana to enforce any provision of the Ordinance(s) or
its implementing regulations or to restrain or enjoin any violation of the Ordinance(s) and
of the rules, regulations, orders, and decisions of the City. However, a consultant hired
by the City will enforce and administer an owner’s right to a fair return process under the
Rent Stabilization Ordinance as required in the Ordinance.
Resolution to Conduct due Diligence and Research on Rent Control Board
The Housing Ad Hoc Committee recommends adoption of a Resolution directing staff to
conduct further study of the additional regulatory framework and infrastructure necessary
to implement residential rent stabilization, just cause eviction, and other protections for
tenants facing housing instability (Exhibit 5). These measures are to include the creation
and operation of a Rent Control Board or similar body, a rent registry, and the related
costs thereof.
Due to the nature of this due diligence process, which could take staff from nine to 12
months to complete, the Committee determined that a resolution to conduct this due
diligence would be the most effective method to adopt the Ordinances. On February 6,
Rent Stabilization Ordinance and Just Cause Eviction Ordinance
September 21, 2021
Page 8
2018, City Council held a work-study session on rent control, which included a
presentation by Tracy Condon, Executive Director of the Santa Monica Rent Control
Board. At the time of the presentation, the Santa Monica Rent Control Board consisted
of 25 staff required to administer and enforce their City’s rent stabilization
ordinance. Building upon this work-study and research that staff started in February 2018
regarding how to administer a rent stabilization ordinance; this resolution directs staff to
conduct further study.
Eviction Defense Fund
In response to the pending expiration of the state COVID-19 emergency residential
eviction moratorium on September 30, 2021, the Housing Ad Hoc Committee
recommends to reallocate up to $300,000 of Revive Santa Ana funding to create an
Eviction Defense Fund by entering into an Agreement with a consultant for the
administration, management and implementation of the rent stabilization ordinance and
just cause eviction ordinance. Specifically, staff will work with the City Attorney’s Office
to enter into negotiations, execute agreements, and approve any other required actions
necessary with various service providers, contractors, and sub-recipients, who will
implement and manage the City’s rent stabilization ordinance and just cause eviction
ordinance. This will be an interim solution to bridge the time between the effective date
of the Ordinances and the full implementation of the Ordinances through the formation of
a rent control board with full-time staff. The consultant will assist the City to transition the
management of the rent control ordinance to the City’s full-time staff and rent control
board. This solution will ensure the successful and efficient implementation of the
Ordinances in the short-term with the least impact to City staff. The full long-term
implementation of the Ordinance may require an amendment to the Rent Stabilization
Ordinance for the collection of fees from owners and the hiring of at least 25 staff, based
upon the model in the City of Santa Monica.
The consultant who is selected by staff and the corresponding Agreement will not return
to City Council for approval. However, staff have preliminarily identified RSG as one
consultant with experience administering rent stabilization ordinances. RSG is currently
administering two mobilehome park rent control ordinances. They have been
administering the mobilehome park rent control ordinance for the City of El Monte and
Carson. For the City of Carson, they have been directly administering their City’s
ordinance for over four years. For the administration of their rent stabilization ordinance,
the City of Carson calculates and publishes information on the CPI adjustment each year
while RSG administers the right to a fair return process for landlords. RSG also assisted
the City of Hollywood in the past when their City was re-evaluating their
ordinance. Currently RSG is assisting the City of Southgate to evaluate the feasibility of
creating a rent stabilization ordinance. RSG is locally based in the City of Irvine. The
Agreement will be a full-service contract to ensure there are no issues or delays for
tenants and owners after the initial approval of the Ordinances.
Rent Stabilization Ordinance and Just Cause Eviction Ordinance
September 21, 2021
Page 9
Next Steps
Following adoption of the Ordinances, an Agreement will be drafted and executed with a
consultant who will establish a webpage and phone line to provide clear and consistent
information on the new protections under the Ordinances. A right to a fair return process
will be established for owners to submit a petition as required in the Ordinance. A press
release will also be issued prior to the expiration of the State eviction moratorium on
September 30, 2021.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Following the adoption of the Urgency Rent Stabilization Ordinance, Just Cause Eviction
Ordinance and Resolution, staff will reallocate up to $300,000 in Revive Santa Ana
funding to create an Eviction Defense Fund by entering into an agreement with a
consultant for the administration, management and implementation of the rent
stabilization ordinance and just cause eviction ordinance. Funds will be available upon
carry forward of the American Rescue Plan Act (ARPA) grant funds from FY 20-21 to FY
21-22 in account no. 18118013-62300.
The future fiscal impact of the Ordinances is unknown but may require an amendment to
the Rent Stabilization Ordinance for the collection of fees from owners and the hiring of
at least 25 staff following the due diligence process as directed in the Resolution.
EXHIBIT(S)
1. Urgency Rent Stabilization Ordinance
2. Rent Stabilization Ordinance
3. Urgency Just Cause Eviction Ordinance
4. Just Cause Eviction Ordinance
5. Resolution
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
ORDINANCE NO. NS-XXXX
ANURGENCYORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA PROHIBITING RESIDENTIAL
REAL PROPERTY AND MOBILEHOME SPACE RENTAL
RATE INCREASES THAT EXCEED THREE PERCENT
(3%)ANNUALLY, OR EIGHTY PERCENT (80%) OF THE
CHANGE IN CONSUMER PRICE INDEX, WHICHEVER IS
LESS,WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1.The City Council of Santa Ana hereby finds, determines and
declares as follows:
A.At the City Council meeting on September 21, 2021, the City Council discussed
the City of Santa Anaability to address rent increases
on residential real property and inmobilehomeparks.
B.The increasing housing rent burden and poverty faced by many residents in the
City of Santa Ana threatens the health, safety, and welfare of its residents by
forcing them to choose between paying rent and providing food, clothing, and
medical care for themselves and their families.
C.According to the May 2017 report by the California Housing Partnership
Corporation, median rent in Orange County, which includes Santa Ana, has
increased twenty-eight percent (28%) since 2000, while median renter household
income has declined by 9%, when adjusted for inflation. Additionally, the May
2020 report by the California Housing Partnership Corporation demonstrated that
renters need to earn $42.23/hr, or, 3.2 times the state minimum wage to afford
an average monthly asking rent of $2,196 for a two-bedroom apartment in
Orange County.
D.lowest income renters spend eighty-one percent (81%) of their
income on rent, leaving very little to meet other basic human needs such as food
and health.
E.If Santa Ana renter-occupied households paid thirty percent (30%) of their
income on housing, renters would have an extra $176 million dollars of
disposable income (income minus housing costs) to spend in the community
each year, or $7,000 per household. Additionally, racial inequities would
decrease, as the yearly disposable income would increase by 14%for Latinos,
13% for Asian or Pacific Islanders, and 7% for Whites.
EXHIBIT 1
F.The housing rent burden and poverty faced by many residents in Santa Ana
threatens the health, safety, and welfare of its residents, particularly when
resulting in eviction and displacement. Studies have shown that evictions play an
impactful role in the lives of low income renter households and can also
contribute to poverty through disruptive effects such as job loss, adverse health
effects, and negative consequences for children.
G.More
.
H.The Costa-Hawkins Rental Housing Act, Dbmjgpsojb!Djwjm!Dpef section 1954.50, et
seq.,limits the applicability of local rent stabilization policies, including prohibiting
local jurisdictions from applying rent stabilization to certain residential rental
properties. This Ordinance intends to comply with the Costa-Hawkins Rental
Housing Act, and all other applicable state and federal laws.
I.Mobilehome Parks comprise approximately five percent (5.1%) of all housing in
Santa Ana. The city has 29 Mobilehome Parks containing 3,913 spaces. Six of
the Mobilehome Parks and one thousand twenty spaces in Santa Ana are
currently age-restricted to persons 55 years of age or older.
J.Many residents of mobilehomeparks could become homeless if mobilehome
park owners were to impose significant rent increases.
K.Increasing the number of homeless residents in Santa Ana, particularly elderly
residents who may be in need of medical or other care, could create a public
health and safety risk.
L.The economic conditions and recognized housing shortage in Southern
California has the potential to detrimentally impact a substantial numberof
residents in Santa Ana, and impose a particular hardship on senior citizens,
persons living on fixed incomes, and other vulnerable persons living in
mobilehomeparks in Santa Ana.
M.The Mobilehome Residency Law,Dbmjgpsojb!Djwjm!Dpef sections798,et
seq., expressly authorizescitiesto regulate the setting and/or increasing of rents
for the use and occupancy of a mobilehomespace,subject to certain exceptions.
N.Santa Ana Municipal Code, Chapter 41, Article X, establishes
standards for the development of mobilehomeparks as a type of multiple-family
residential development, and providesfor the establishment of said development
in areas throughout the City that will ensure their compatibility with other
permitted uses in the district, co
General Plan.
EXHIBIT 1
O.The City has not previously regulated the setting and increasing of rents for
residential real property or mobilehomespaces.However, given the concerns
discussed herein, the City Council desires to evaluate rent stabilization policies
protecting residents from unreasonable rent increases,while ensuring that the
owners of residential real property and mobilehomeparks may earn a fair and
reasonable return on their property.
P.Pursuant to the Cnted broadly under Article XI, section 7
of the California Constitution,and Santa Ana Charter section 200, the Santa Ana
City Council has the authority to enact and enforce ordinances and regulations
for the public peace, health,and welfare of the City and its residents.
Q.Based on the foregoing facts,and the facts presented to the City Council at the
meeting at which this ordinance was introduced and adopted, the City Council
finds thatallowing owners ofresidential real property andmobilehomeparks to
study of the legality, feasibility, impacts,and regulation of rent increases in an
effort to avoid displacing large numbers of Santa Ana residents,would pose a
current and immediate threat to the public health, safety or welfare, and that a
prohibition of rent increases, except as allowed herein, is therefore necessary.
R.Pursuant to Santa Ana City Charter Sections 415 and 417, this Ordinance is
declared by the City Council to be necessary as an emergency measure to
protect and preserve the health, safety and welfare of the residents of the City of
Santa Ana and will become effective immediately if passed by the affirmative
votes of at least two-thirds (2/3) of the members of the City Council. The City
Council hereby finds that there is an urgent need to adopt these regulations in
order to address the current and immediate threats set forth below.
1.Absent the adoption of this ordinance, as a result of the economic conditions
and recognized housing shortage in Southern California, significant rent
increases will impact a substantial number of residents in Santa Ana and
constitute a threat to public health, safety and welfare, and a particular
hardship for senior citizens, persons living on fixed incomes, and other
vulnerable persons living in Santa Ana;
2.Housing costs continue to escalate in Orange County, and mobilehomeparks
serve as an important affordable housing option for Santa Ana residents;
3.Because amobilehomeis affixed to the property on which it resides, it is
generally not cost effective to move it, resulting in the owner losing the
mobilehomeif theycannot pay the rent imposed by the landlord;
4.Certain aspects of public health, safety,and welfare are not adequately
protected due to the lack of rent stabilization mechanics orcontrols in Santa
Ana, and it isthe interest of the City, the owners,residents,and the
EXHIBIT 1
community as a whole that the City consider regulations to protect affordable
housing withinthe City, including, but not limited to, rent stabilization
regulations applicable to residential real property and mobilehomes.
S.The Request for Council Action for this ordinance dated September21,2021,
shallbe incorporated hereinby this reference, and together with this ordinance,
any amendments or supplements, and oral testimony,shall constitute the
necessary findings for this ordinance.
T.The City Council finds, determines and declares that the current and immediate
threat to thepublic health, safety and welfare of the City and its residents
necessitates the immediate enactment of the ordinance. The facts constituting
such urgencyare set forth in this Section 1, paragraphs A-S,of this ordinance.
Section 2.The recitals andstatements of fact set forth in the preamble to this
ordinance are true and correct, constitute a substantive part of this ordinance, and are
incorporated herein by this reference.
Section 3.Section8-1998of the Santa Ana Municipal Code isdeleted inits
entirety.
Section 4.Division 5 is hereby added to Article X (Property Maintenance)of
Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code to read as
follows:
Division 5.RENT STABILIZATION
Section 8-1998.1Prohibited Increases.
(a)Increases in rent on residential real property or mobilehomespaces in the
City of Santa Ana in excess of three percent (3%), or eighty (80%) of the
change in the Consumer Price Index, whichever is less, and more than
one rent increase in any twelve(12) month period, are prohibited, unless
expressly exempt under the Costa-Hawkins Rental Housing Act codified in
Dbmjgpsojb!Djwjm!Dpef section 1954.50, et seq., or the Mobilehome
Residency Lawcodified in Dbmjgpsojb!Djwjm!Dpef sections 798, et seq. If
the change in the Consumer Price Indexis negative, no rent increase is
permitted.The term Consumer Price Index means, at the time of the
adjustment calculationcompleted by the City pursuant to subsection (b),
the percentage increase in the United State Consumer Price Index for all
Urban Consumers in theLos Angeles-Long Beach-Anaheim Metropolitan
Area published by the Bureau of Labor Statistics, not seasonally adjusted,
for the most recent twelve (12) month period ending prior to the
calculation pursuant to subsection (b).A violation of this section occurs
upon the service of notice or demand for a prohibited increase in rent.
EXHIBIT 1
(b)No later than June 30th each year, beginning with the year 2022, the City
shall announce the amount of allowable rent increase based on
subsection (a) herein, which shall be effective as of September 1st of that
year.
Section 8-1998.2Reasonable Rate of Return.
This ordinance allows for an annual adjustment of residential real property or
mobilehomespace rent of up to three percent (3%), or eighty (80%) of the change in the
Consumer Price Index, whichever is less.A ConsumerPrice Index-based increase is
found and determined to provide a just and reasonable return on an
and has been adopted to encourage good management, reward efficiency,and
discourage the flight of capital, as well as to be commensurate with returns on
comparable investments, but not so high as to defeat the purpose of curtailing
excessive rents and rental increases. Notwithstandingthe foregoing, however, any
owner of residential real property or a mobilehomepark who contends that the limit on
rental increases set forth in Section 8-1998.1above will prevent the owner from
receiving a fair and reasonable return on theirproperty may petition for relief from the
cap set forth in section 8-1998.1pursuant to the procedures set forth in section 8-
1998.3.
Section 8-1998.3Fair Return Petition for Rent Increase.
(a)An owner of residential real property or a mobilehomepark ownermay
petition for a rent increasein excess of that provided in section 8-1998.1in order to
obtain a fair and reasonable return on theirproperty.Such Fair
Return Petition shall be on an application form prescribed by the City Manager and shall
be decided by the City Manager,or theirOwner shall
provide a copy of any Fair Return Petition submitted to the City to the applicable
tenant(s), and provide City with proof of completing such service to the applicable
tenant(s). The tenant(s) will then have thirty (30) days from the date of receiving the
Fair Return Petition to reply or provide additional materials to the City in response to the
Fair Return Petition. The applicant shall bear the burden of establishing that a rate
increasein excess of that provided in section 8-1998.1is necessary to provide the
applicant with a fair and reasonable return on theirproperty, including by providing an
independent financial report and verified financial data demonstrating that without such
an increase, theywill not realize a fair and reasonable return on theirproperty.
(b)
review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the City
Manager shall determine the anticipated costs of review and if the employment of
request. If the City Manager so determines, the City Managershall also determine the
anticipated costs of employing such expert(s).The resulting figure shall be
communicated to the applicant, and the Fair Return Petitionshall not be processed until
the applicant has paid to the City the estimated cost of the completeanalysis.City will
EXHIBIT 1
provide applicant with an invoice of all costs incurred after the review of the Fair Return
Petition. Any unused portion of the advance payment for analysis shall be refunded to
the applicant.If additional funds are required, payment will be required before applicant
receives the determination on the Fair Return Petitionfrom the City.
(c)The factors the City Manager may consider in deciding a Fair Return
Petitionmay include, but not be limited to:
(1)Changes in the Consumer Price Index for All Urban Consumers in
the Los Angeles-Long Beach-AnaheimMetropolitan Area published
bythe Bureau of Labor Statistics.
(2)The rent lawfully charged for comparable residential real property
or mobilehomespaces in the City.
(3)The length of timesince the last determination by the City Manager
on a rent increase application, or the last rent increase if no
previous rent increase application has been made.
(4)The completion of any capital improvements or rehabilitation work
related to the residential real property or mobilehomespace or
spaces specified in the Fair Return Petition, and the cost thereof,
including materials, labor, construction interest, permit fees,and
other items the City Manager deems appropriate.
(5)Changes in property taxes or other taxes related to the subject
residential real property ormobilehomepark.
(6)Changes in the rent paid by the applicant for the lease of the
residential real property or land on which the subject mobilehome
park is located.
(7)Changes in the utility charges for the subject residential real
property or mobilehomepark paid by the applicant,and the extent,
if any, of reimbursement from the tenants.
(8)Changes in reasonable operating and maintenance expenses.
(9)The need for repairs causedby circumstances other than ordinary
wear and tear.
(10)The amount and quality of services provided by the applicant to the
affected tenant(s).
(11)Any existing written lease lawfully entered into between the
applicant and the affected tenant(s).
EXHIBIT 1
(d)AFair Return Petitionshall be decided by the City Manager within sixty
(60) calendar days of the date that the application has been deemed complete,
including proof of service of the Fair Return Petition on the applicable tenant(s). The
decision shall be emailed and sent by mail, with proof of mailing to the subject property
owner, the owner's designated representative(s) for the Fair Return Petition, and a
designated representative of the tenant(s).Any appeal of the City Manager decision on
aFair Return Petitionshall proceed pursuant to the administrative appeal procedures
found in Chapter 3 of the Santa AnaMunicipal Code.
Section 8-1998.4Exemptions.
(a)Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this
ordinance regulating the amount of rent thataresidential real propertyowner may
charge shall not apply to the following:any residential real property that has a certificate
of occupancy issued after February 1, 1995 (Dbmjgpsojb!Djwjm!Dpef section
1954.52(a)(1)); and,any other provisions of the Costa-Hawkins Rental Housing Act
addressing exemptions, as applicable.
(b)Pursuant to the Mobilehome Residency Law,the provisions of this interim
ordinance regulating the amount of rent thatamobilehomepark owner may charge for a
mobilehomespace shall not apply to the following: any mobilehomespace subject to a
long term (more than one year) rental agreement(Dbmjgpsojb!Djwjm!Dpef section 798.17);
any newly constructed mobilehomespace first offered for rent on or after January 1,
1990(Dbmjgpsojb!Djwjm!Dpef section 798.45);mobilehome
primary residence that are not being leased to someone else(Dbmjgpsojb!Djwjm!Dpef
section 798.21); and, any other provisions of the Mobilehome Residency Law
addressing exemptions, as applicable.
Section 8-1998.5Rent Increase Ineffective.
No rent increase shall be effective if the owner:
(a)Failsto substantially comply with all provisions of this Division,including
but not limited to the failure to provide notices as required; or
(b)Failsto maintain the residential real property or mobilehome spacein
compliance with California Civil Code Sections 1941.1 et seq. and California Health and
Safety Code sections 17920.3 and 17920.10; or
(c)Failsto make repairs ordered by the Cityor court of competent
jurisdiction.
EXHIBIT 1
Section 8-1998.6 Notice Requirements.
(a)An owner of any residential real property or mobilehome space subject to
this provision shall, on or before the date of commencement of a tenancy, give the
tenant a written notice in a form prescribed by the Citywhich must include the following
information:
(1)The existence and scope of this Division 5 of Chapter 8 of the
Santa Ana Municipal Code; and
(2)The right to respond to any Fair Return Petition filed with
the City by the owner pursuant to section 8-1998.3.
(b)As part of any notice to increase rent, anowner must include:
(1)Notice of the existence of this Division5 of Chapter 8 of the Santa
Ana Municipal Code; and
(2)The right to respond to any Fair Return Petition filed with
the City by the owner pursuant to section 8-1998.3,unless such
rent increase is pursuant to an approved Fair Return Petition.
(3)Norent increase shall take effect until the requirements of this
Divisionhave been met.
(c)Theownermust give noticesto the tenantin the language that the owner
andtenantused to negotiate the terms of the tenancy (e.g., English, Spanish, Chinese,
Tagalog, Vietnamese, and Korean)as well as English.
Section 8-1998.7 Violations.
It shall be unlawful and a misdemeanor for any person to violate or fail to comply
with any provision of the ordinance. The violation of any provision of this ordinance
shall be punished as provided inSAMC section 1-8.
Section5.The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility it will have a significant effect on the environment, and it is not a
"project", as defined in section 15378 of the State CEQA Guidelines.
Section 6.If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phrase or clause thereof
EXHIBIT 1
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 7.The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
Section 8.This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective. The City Council finds that this
ordinance is necessary to protect thepublic safety, health and welfare. The reasons for
the emergency are set forth in Section 1, paragraphs A-S, inclusive of this ordinance.
EXHIBIT 1
ADOPTED this ___day of ___________________,2021.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Ryan O. Hodge
Assistant City Attorney
AYES:Councilmembers:________________________________________
NOES:Councilmembers:________________________________________
ABSTAIN:Councilmembers:________________________________________
NOT PRESENT: Councilmembers:________________________________________
EXHIBIT 1
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I,Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No.NS-XXXXto be the original ordinance adopted by the City Council of the
City of Santa Ana on_________________,2021.
Date: ____________________________________________________
Clerk of the Council
City of Santa Ana
EXHIBIT 2
ORDINANCE NO. NS-XXXX
ANORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA PROHIBITING RESIDENTIALREAL
PROPERTY AND MOBILEHOME SPACE RENTAL RATE
INCREASES THAT EXCEED THREE PERCENT (3%)
ANNUALLY, OR EIGHTY PERCENT (80%) OF THE
CHANGE IN CONSUMER PRICE INDEX, WHICHEVER IS
LESS,WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1.The City Council of Santa Ana hereby finds, determines and
declares as follows:
A.At the City Council meeting on September 21, 2021, the City Council discussed
the City of Santa Anaability to address rent increases
on residential real property and inmobilehomeparks.
B.The increasing housing rent burden and poverty faced by many residents in the
City of Santa Ana threatens the health, safety, and welfare of its residents by
forcing them to choose between paying rent and providing food, clothing, and
medical care for themselves and their families.
C.According to the May 2017 report by the California Housing Partnership
Corporation, median rent in Orange County, which includes Santa Ana, has
increased twenty-eight percent (28%) since 2000, while median renter household
income has declined by 9%, when adjusted for inflation. Additionally, the May
2020 report by the California Housing Partnership Corporation demonstrated that
renters need to earn $42.23/hr, or, 3.2 times the state minimum wage to afford
an average monthly asking rent of $2,196 for a two-bedroom apartment in
Orange County.
D.ncome renters spend eighty-one percent (81%) of their
income on rent, leaving very little to meet other basic human needs such as food
and health.
E.If Santa Ana renter-occupied households paid thirty percent (30%) of their
income on housing, renters would have an extra $176 million dollars of
disposable income (income minus housing costs) to spend in the community
each year, or $7,000 per household. Additionally, racial inequities would
decrease, as the yearly disposable income would increase by 14% for Latinos,
13% for Asian or Pacific Islanders, and 7% for Whites.
EXHIBIT 2
F.The housing rent burden and poverty faced by many residents in Santa Ana
threatens the health, safety, and welfare of its residents, particularly when
resulting in eviction and displacement. Studies have shown that evictions play an
impactful role in the lives of low income renter households and can also
contribute to poverty through disruptive effects such as job loss, adverse health
effects, and negative consequences for children.
G.Moreover, an
.
H.The Costa-Hawkins Rental Housing Act, Dbmjgpsojb!Djwjm!Dpef section 1954.50, et
seq.,limits the applicability of local rent stabilization policies, including prohibiting
local jurisdictions from applying rent stabilization to certain residential rental
properties. This Ordinance intends to comply with the Costa-Hawkins Rental
Housing Act, and all other applicable state and federal laws.
I.Mobilehome Parks comprise approximately five percent (5.1%) of all housing in
Santa Ana. The city has 29 Mobilehome Parks containing 3,913 spaces. Six of
the Mobilehome Parks and one thousand twenty spaces in Santa Ana are
currently age-restricted to persons 55 years of age or older.
J.Many residents of mobilehomeparks could become homeless if mobilehome
park owners were to impose significant rent increases.
K.Increasing the number of homeless residents in Santa Ana, particularly elderly
residents who may be in need of medical or other care, could create a public
health and safety risk.
L.The economic conditions and recognized housing shortage in Southern
California has the potential to detrimentally impact a substantial number of
residents in Santa Ana, and impose a particular hardship on senior citizens,
persons living on fixed incomes, and other vulnerable persons living in
mobilehomeparks in Santa Ana.
M.The Mobilehome Residency Law,Dbmjgpsojb!Djwjm!Dpef sections798,et
seq., expressly authorizescitiesto regulate the setting and/or increasing of rents
for the use and occupancy of a mobilehomespace,subject to certain exceptions.
N.Santa Ana Municipal Code, Chapter 41, Article X, establishes
standards for the development of mobilehomeparks as a type of multiple-family
residential development, and providesfor the establishment of said development
in areas throughout the City that will ensure their compatibility with other
permitted uses in the district, consistent
General Plan.
EXHIBIT 2
O.The City has not previously regulated the setting and increasing of rents for
residential real property or mobilehomespaces.However, given the concerns
discussed herein, the City Council desires to evaluate rent stabilization policies
protecting residents from unreasonable rent increases,while ensuring that the
owners of residential real property and mobilehomeparks may earn a fair and
reasonable return on their property.
P.Plice power, as granted broadly under Article XI, section 7
of the California Constitution,and Santa Ana Charter section 200, the Santa Ana
City Council has the authority to enact and enforce ordinances and regulations
for the public peace, health,and welfare of the City and its residents.
Q.Based on the foregoing facts,and the facts presented to the City Council at the
meetingsat which this ordinance was introduced and adopted, the City Council
finds thatallowing owners ofresidential real property andmobilehomeparks to
have unfettered discretion to increase rents, would pose a threat to the public
health, safety or welfare, and that a prohibition of rent increases, except as
allowed herein, is therefore necessary.
R.The City Council hereby adoptsthese regulations in order to address the threats
set forth below.
1.Absent the adoption of this ordinance, as a result of the economic conditions
and recognized housing shortage in Southern California, significant rent
increases will impact a substantial number of residents in Santa Ana and
constitute a threat to public health, safety and welfare, and a particular
hardship for senior citizens, persons living on fixed incomes, and other
vulnerable persons living in Santa Ana;
2.Housing costs continue to escalate in Orange County, and mobilehomeparks
serve as an important affordable housing option for Santa Ana residents;
3.Because amobilehomeis affixed to the property on which it resides, it is
generally not cost effective to move it, resulting in the owner losing the
mobilehomeif theycannot pay the rent imposed by the landlord;
4.Certain aspects of public health, safety,and welfare are not adequately
protected due to the lack of rent stabilization mechanics orcontrols in Santa
Ana, and it isthe interest of the City, the owners,residents,and the
community as a whole that the City consider regulations to protect affordable
housing withinthe City, including, but not limited to, rent stabilization
regulations applicable to residential real property and mobilehomes.
S.The Request for Council Action for this ordinance dated September21,2021,
shallbe incorporated hereinby this reference, and together with this ordinance,
EXHIBIT 2
any amendments or supplements, and oral testimony,shall constitute the
necessary findingsfor this ordinance.
T.The City Council finds, determines and declares that the threat to the public
health, safety and welfare of the City and its residentsnecessitates the
enactment of the ordinance.
Section 2.The recitals and statements of fact set forth in the preamble to this
ordinance are true and correct, constitute a substantive part of this ordinance, and are
incorporated herein by this reference.
Section 3.Section8-1998of the Santa Ana Municipal Code isdeleted in its
entirety.
Section 4.Division 5 is hereby added to Article X (Property Maintenance)of
Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code to read as
follows:
Division 5.RENT STABILIZATION
Section 8-1998.1Prohibited Increases.
(a)Increases in rent on residential real property or mobilehomespaces in the
City of Santa Ana in excess of three percent (3%), or eighty (80%) of the
change in the Consumer Price Index, whichever is less, and more than
one rent increase in any twelve (12) month period, are prohibited, unless
expressly exempt under the Costa-Hawkins Rental Housing Act codified in
Dbmjgpsojb!Djwjm!Dpef section 1954.50, et seq., or the Mobilehome
Residency Lawcodified in Dbmjgpsojb!Djwjm!Dpef sections 798, et seq. If
the change in the Consumer Price Indexis negative, no rent increase is
permitted.The term Consumer Price Index means, at the time of the
adjustment calculationcompleted by the City pursuant to subsection (b),
the percentage increase in the United State Consumer Price Index for all
Urban Consumers in theLos Angeles-Long Beach-Anaheim Metropolitan
Area published by the Bureau of Labor Statistics, not seasonally adjusted,
for the most recent twelve (12) month period ending prior to the
calculation pursuant to subsection (b).A violation of this section occurs
upon the service of notice or demand for a prohibited increase in rent.
(b)No later than June 30th each year, beginning with the year 2022, the City
shall announce the amount of allowable rent increase based on
subsection (a) herein, which shall be effective as of September 1st of that
year.
EXHIBIT 2
Section 8-1998.2Reasonable Rate of Return.
This ordinance allows for an annual adjustment of residential real property or
mobilehomespace rent of up to three percent (3%), or eighty (80%) of the change in the
Consumer Price Index, whichever is less.A ConsumerPrice Index-based increase is
found and determined to provide a just and reasonable return on an
and has been adopted to encourage good management, reward efficiency,and
discourage the flight of capital, as well as to be commensurate with returns on
comparable investments, but not so high as to defeat the purpose of curtailing
excessive rents and rental increases. Notwithstanding the foregoing, however, any
owner of residential real property or a mobilehomepark who contends that the limit on
rental increases set forth in Section 8-1998.1above will prevent the owner from
receiving a fair and reasonable return on theirproperty may petition for relief from the
cap set forth in section 8-1998.1pursuant to the procedures set forth in section 8-
1998.3.
Section 8-1998.3Fair Return Petition for Rent Increase.
(a)An owner of residential real property or a mobilehomepark owner may
petition for a rent increasein excess of that provided in section 8-1998.1in order to
obtain a fair and reasonable return on theirproperty.Such Fair
Return Petition shall be on an application form prescribed by the City Manager and shall
be decided by the City Manager,or theirOwner shall
provide a copy of any Fair Return Petition submitted to the City to the applicable
tenant(s), and provide City with proof of completing such service to the applicable
tenant(s). The tenant(s) will then have thirty (30) days from the date of receiving the
Fair Return Petition to reply or provide additional materials to the City in response to the
Fair Return Petition. The applicant shall bear the burden of establishing that a rate
increasein excess of that provided in section 8-1998.1is necessary to provide the
applicant with a fair and reasonable return on theirproperty, including by providing an
independent financial report and verified financial data demonstrating that without such
an increase, theywill not realize a fair and reasonable return on theirproperty.
(b)
review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the City
Manager shall determine the anticipated costs of review and if the employment of
request. If the City Manager so determines, the City Managershall also determine the
anticipated costs of employing such expert(s).The resulting figure shall be
communicated to the applicant, and the Fair Return Petitionshall not be processed until
the applicant has paid to the City the estimated cost of the completeanalysis. City will
provide applicant with an invoice of all costs incurred after the review of the Fair Return
Petition. Any unused portion of the advance payment for analysis shall be refunded to
the applicant.If additional funds are required, payment will be required before applicant
receives the determination on the Fair Return Petitionfrom the City.
EXHIBIT 2
(c)The factors the City Manager may consider in deciding a Fair Return
Petitionmay include, but not be limited to:
(1)Changes in the Consumer Price Index for All Urban Consumers in
the Los Angeles-Long Beach-AnaheimMetropolitan Area published
bythe Bureau of Labor Statistics.
(2)The rent lawfully charged for comparable residential real property
or mobilehomespaces in the City.
(3)The length of time since the last determination by the City Manager
on a rent increase application, or the last rent increase if no
previous rent increase application has been made.
(4)The completion of any capital improvements or rehabilitation work
related to the residential real property or mobilehomespace or
spaces specified in the Fair Return Petition, and the cost thereof,
including materials, labor, construction interest, permit fees,and
other items the City Manager deems appropriate.
(5)Changes in property taxes or other taxes related to the subject
residential real property ormobilehomepark.
(6)Changes in the rent paid by the applicant for the lease of the
residential real property or land on which the subject mobilehome
park is located.
(7)Changes in the utility charges for the subject residential real
property or mobilehomepark paid by the applicant,and the extent,
if any, of reimbursement from the tenants.
(8)Changes in reasonable operating and maintenance expenses.
(9)The need for repairs caused by circumstances other than ordinary
wear and tear.
(10)The amount and quality of services provided by the applicant to the
affected tenant(s).
(11)Any existing written lease lawfully entered into between the
applicant and the affected tenant(s).
(d)AFair Return Petitionshall be decided by the City Manager within sixty
(60) calendar days of the date that the application has been deemed complete,
including proof of service of the Fair Return Petition on the applicable tenant(s). The
decision shall be emailed and sent by mail, with proof of mailing to the subject property
EXHIBIT 2
owner, the owner's designated representative(s) for the Fair Return Petition, and a
designated representative of the tenant(s).Any appeal of the City Manager decision on
aFair Return Petitionshall proceed pursuant to the administrative appeal procedures
found in Chapter 3 of the Santa AnaMunicipal Code.
Section 8-1998.4Exemptions.
(a)Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this
ordinance regulating the amount of rent thataresidential real propertyowner may
charge shall not apply to the following:any residential real property that has a certificate
of occupancy issued after February 1, 1995 (Dbmjgpsojb!Djwjm!Dpef section
1954.52(a)(1)); and, any other provisions of the Costa-Hawkins Rental Housing Act
addressing exemptions, as applicable.
(b)Pursuant to the Mobilehome Residency Law,the provisions of this interim
ordinance regulating the amount of rent thatamobilehomepark owner may charge for a
mobilehomespace shall not apply to the following: any mobilehomespace subject to a
long term (more than one year) rental agreement(Dbmjgpsojb!Djwjm!Dpef section 798.17);
any newly constructed mobilehomespace first offered for rent on or after January 1,
1990(Dbmjgpsojb!Djwjm!Dpef section 798.45);mobilehome
primary residence that are not being leased to someone else(Dbmjgpsojb!Djwjm!Dpef
section 798.21); and, any other provisions of the Mobilehome Residency Law
addressing exemptions, as applicable.
Section 8-1998.5Rent Increase Ineffective.
No rent increase shall be effective if the owner:
(a)Failsto substantially comply with all provisions of this Division,including
but not limited to the failure to provide notices as required; or
(b)Failsto maintain the residential real property or mobilehome spacein
compliance with California Civil Code Sections 1941.1 et seq. and California Health and
Safety Code sections 17920.3 and 17920.10; or
(c)Failsto make repairs ordered by the Cityor court of competent
jurisdiction.
Section 8-1998.6 Notice Requirements.
(a)An owner of any residential real property or mobilehome space subject to
this provision shall, on or before the date of commencement of a tenancy, give the
tenant a written notice in a form prescribed by the Citywhich must include the following
information:
EXHIBIT 2
(1)The existence and scope of this Division 5 of Chapter 8 of the
Santa Ana Municipal Code; and
(2)The right to respond to any Fair Return Petition filed with
the City by the owner pursuant to section 8-1998.3.
(b)As part of any notice to increase rent, anowner must include:
(1)Notice of the existence of this Division5 of Chapter 8 of the Santa
Ana Municipal Code; and
(2)The right to respond to any Fair Return Petition filed with
the City by the owner pursuant to section 8-1998.3,unless such
rent increase is pursuant to an approved Fair Return Petition.
(3)Norent increase shall take effect until the requirements of this
Divisionhave been met.
(c)The ownermust give noticesto the tenantin the language that the owner
andtenantused to negotiate the terms of the tenancy (e.g., English, Spanish, Chinese,
Tagalog, Vietnamese, and Korean)as well as English.
Section 8-1998.7 Violations.
It shall be unlawful and a misdemeanor for any person to violate or fail to comply
with any provision of the ordinance. The violation of any provision of this ordinance
shall be punished as provided inSAMC section 1-8.
Section5.The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility it will have a significant effect on the environment, and it is not a
"project", as defined in section 15378 of the State CEQA Guidelines.
Section 6.If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 7.The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
EXHIBIT 2
ADOPTED this ___day of ___________________,2021.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Ryan O. Hodge
Assistant City Attorney
AYES:Councilmembers:________________________________________
NOES:Councilmembers:________________________________________
ABSTAIN:Councilmembers:________________________________________
NOT PRESENT: Councilmembers:________________________________________
EXHIBIT 2
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I,Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No.NS-XXXXto be the original ordinance adopted by the City Council of the
City of Santa Ana on_________________,2021.
Date: ____________________________________________________
Clerk of the Council
City of Santa Ana
EXHIBIT 3
ORDINANCE NO. NS-XXXX
ANURGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA REQUIRING JUST CAUSE
EVICTIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1.The City Council of Santa Ana hereby finds, determines,and
declares as follows:
A.At the City Council meeting on September21, 2021, the City Council discussed
the City of Santa Anaability to address just cause
evictions.
B.Housing instability threatens the public peace, health, and safety as eviction from
loss of community; strain on household finances due to the necessity of paying
rental application fees and security deposits; stress and anxiety experienced by
those displaced; increased commute times and traffic impacts if displaced
workers cannot find affordable housing within the city in which they work; and
interruption of the education of children in the home.
C.Eviction creates particular hardships for individuals and households of limited
means, given the shortage of affordable housing within the City of Santa Anaand
the region generally.
D.According to the May 2017 report by the California Housing Partnership
Corporation, median rent in Orange County, which includes Santa Ana, has
increased twenty-eight percent (28%) since 2000, while median renter household
income has declined by 9%, when adjusted for inflation. Additionally, the May
2020 report by the California Housing Partnership Corporation demonstrated that
renters need to earn $42.23/hr, or, 3.2 times the state minimum wage to afford
an average monthly asking rent of $2,196 for a two-bedroom apartment in
Orange County.
E.-one percent (81%) of their
income on rent, leaving very little to meet other basic human needs such as food
and health.
F.If Santa Ana renter-occupied households paid thirty percent (30%) of their
income on housing, renters would have an extra $176 million dollars of
disposable income (income minus housing costs) to spend in the community
each year, or $7,000 per household. Additionally, racial inequities would
Ordinance No. NS -____
Page 1of 22
EXHIBIT 3
decrease, as the yearly disposable income would increase by 14% for Latinos,
13% for Asian or Pacific Islanders, and 7% forWhites.
G.The housing rent burden and poverty faced by many residents in Santa Ana
threatens the health, safety, and welfare of its residents, particularly when
resulting in eviction and displacement. Studies have shown that evictions play an
impactful role in the lives of low income renter households and can also
contribute to poverty through disruptive effects such as job loss, adverse health
effects, and negative consequences for children.
H.r at least seven
.
I.Mobilehome Parks comprise approximately five percent (5.1%) of all housing in
Santa Ana. The city has 29 Mobilehome Parks containing 3,913 spaces. Six of
the Mobilehome Parks and one thousand twenty spaces in Santa Ana are
currently age-restricted to persons 55 years of age or older.
J.The City Council has received public testimony at multiple meetings from Santa
Anaresidents who declared that they and their neighbors were unwilling to
register complaints against their landlords over unsuitable living conditions and/or
violations of their leases by landlords or management companies, based on a
fear of being evicted without just cause.
K.The California State Legislature
codified in part inCalifornia Civil Codesection 1946.2,
which became effective by its own terms onJanuary1, 2020,and, with certain
exceptions, prohibitsan owner of residentialproperty from terminating a tenancy
without just cause.
L.AB 1482 provides that a local ordinance adopted after September 1, 2019,
requiring just cause for termination of a residential tenancy shall supersede
California Civil Codesection 1946.2 only if th
than section 1946.2.
M.In accordance with California Civil Codesection 1946.2(g)(1)(B), the City Council
finds that the provisions of this Ordinance regulating just cause terminations or
tenancies are more protective than California Civil Codesection 1946.2 for the
following reasons:
1.The just cause for termination of a residential tenancy under this Ordinance is
consistent with California Civil Codesection 1946.2.
2.This Ordinance provides additional tenant protections that are not prohibited
by any other provisions of applicable law.
Ordinance No. NS -____
Page 2of 22
EXHIBIT 3
N.The City Council finds and determines that regulating the relations between
residential landlords and tenants will increase certainty and fairness within the
residential rental market in the City and thereby serve the public peace, health,
and safety.
O.Pnted broadly under Article XI, section 7
of the California Constitution,and Santa Ana Charter section 200, the Santa Ana
City Council has the authority to enact and enforce ordinances and regulations
for the public peace, health,and welfare of the City and its residents.
P.Pursuant to Santa Ana City Charter sections415 and 417, this Ordinance is
declared by the City Council to be necessary as an emergency measure to
protect and preserve the health, safety and welfare of the residentsof the City of
Santa Anaand will become effective immediately if passed by the affirmative
votes of at least two-thirds (2/3) of the members of the City Council. The City
Council hereby finds that there is an urgent need to adopt these regulations in
order to address the current and immediate threats set forth below.
1.Housing, particularly affordable housing, is difficult to procure in this region,
including in Santa Ana.Evictions without just cause destabilize the housing
market and can result inthe loss of affordable housing;
2.For the immediate preservation of the public peace, health,and safety, the
City Council finds that it is necessary to adopt an ordinance regulating just
cause evictions, for all of the reasons set forth in the recitals above, which are
hereby incorporated by reference;
3.Without the imposition of this Urgency Ordinance, evictions without just cause
may result in the displacement of residential tenants who would be forced to
find new housing in an ever-more expensive housing market before a non-
urgency ordinance would become effective, and would significantly increase
the risk of residential tenants becoming homeless; and,
4.There is a current and immediate threat to the public peace, health, and
safety of the City and its community due in part to the pending expiration of
the state COVID-19 emergency residential eviction moratoriumon
September30, 2021,which increases the risk of evictions without just cause,
thereby necessitating the immediate enactment of this Urgency Ordinance in
order to ensure that tenants are not turned out of their homes without just
cause.
Q.The Request for Council Action for this ordinance dated September21,2021,
shallbe incorporated hereinby this reference, and together with this ordinance,
any amendments or supplements, and oral testimony,shall constitute the
necessary findings for this ordinance.
Ordinance No. NS -____
Page 3of 22
EXHIBIT 3
R.The City Council finds, determines,and declares that the current andimmediate
threat to the public health, safety,and welfare of the City and its residents
necessitates the immediate enactment of the ordinance. The facts constituting
such urgencyare set forth in this Section 1, paragraphs A-Q,of this ordinance.
Section 2.The recitals and statements of fact set forth in the preamble to this
ordinance are true and correct, constitute a substantive part of this ordinance, and are
incorporated herein by this reference.
Section 3.Sections 8-1993 through 8-1997of the Santa Ana Municipal Code
are deleted in their entirety.
Section 4.Division 4 is hereby added to Article X(Property Maintenance)of
Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code to read as
follows:
Division 4. JUST CAUSE EVICTIONS
Section 8-1993Citation.
This Division
Section 8-1994Restrictions on Termination of Tenancy Without Just Cause
(a)Notwithstanding any other law, after a tenant has continuously and
lawfully occupied a residential real propertyfor thirty (30) days, the Owner
of the residential real property shall not terminate the Tenancy without just
cause, which shall be stated in the written notice to terminate Tenancy.
1)The Owner shall post a notice on a form prescribedby the City,
providing information about the existence of this Division4 of Chapter
8 of the Santa Ana Municipal Code, including protections related to
immigration or citizenship status of tenant found under Civil Code
section 1940.35 and Code of Civil Procedure section 1161.4, as may
be amended. Notice must be posted in a conspicuous location onthe
property. The notice shall be written in the language that the Owner
and tenant used to negotiate the terms of the Tenancy (e.g., Spanish,
Chinese, Tagalog, Vietnamese and Korean),as well as English.
2)In addition to all other notice requirements specified elsewhere in this
Division, the Ownerof any residential real property or mobilehome
space, is required to provide written notice to tenantsof their rights
under this Divisionas follows:
A.The notice required by this Divisionmust be on a form
prescribed by the Cityand include the following information:
Ordinance No. NS -____
Page 4of 22
EXHIBIT 3
i.The existence and scope of this Division4 of Chapter 8
of the Santa Ana Municipal Code;and,
ii.Theright to relocation assistancein limited
circumstances pursuant to subsection (d)(2) herein.
B.The Ownermust provide tenantwith the notice upon serving
any notice of change in terms of Tenancy.
C.The Ownermust provide the notice on or before the
commencement of all Tenancies initiated after the effective date
of this Division.
(b)
1)At-fault just cause, which is any of the following:
A.Default in the payment of rent.
B.A breach of a material term of the lease, as described in
paragraph (3) of Section 1161 of the Code of Civil Procedure,
including, but not limited to, violation of a provision of the lease
after being issued a written notice to correct the violation.A
i.The obligation to limit occupancy, provided that the
additional occupantwho joins the tenantof the residential
real propertythereby exceeding the limits on occupancy
set forth in the leaseis:
I.Adependent under age 18,or
II.Areplacement tenantwho moved in after an
approved tenantvacated the residential real
property, so long as the addition does not exceed
the Uniform Housing Code.
i.The Ownershall havethe right to approve
or denythe prospective additional or
replacement tenant, who is not a minor
dependent child, provided that the Owner
does not unreasonably withhold approval. If
the Ownerfails to respond to the tenantin
writing with a description of the reasons for
the denial of the request within a
Ordinance No. NS -____
Page 5of 22
EXHIBIT 3
reasonable amount of timeof receipt of the
written request, the
request shall be deemed approved by the
Owner if the lease is for a period of one (1)
year or less.
ii.A change in the terms of the Tenancy that is not the
result of an express written agreement signed by both of
the parties. An Owner is not required to obtain a
written consent to a change in the terms of the Tenancy if
the change in the terms of the Tenancy is authorized by
this section, or if the Owneris required to change the
terms of the Tenancy pursuant to federal, State, or local
law. Nothing in this subsectionshall exempt anOwner
from providing legally required notice of a change in the
terms of the Tenancy.
C.Maintaining, committing, or permitting the maintenance or
commission of a nuisance as described in paragraph (4) of
Section 1161 of the Code of Civil Procedure.
D.Committing waste as described in paragraph (4) of Section
1161 of the Code of Civil Procedure.
E.The tenant had a written lease that terminated on or after the
effective date of this Ordinance, and after a written request or
demand from the Owner, the tenant has refused to execute a
written extension or renewal of the lease for an additional term
of similar duration with similar provisions, provided that those
terms do not violate this section or any other provision of law.
F.Criminal activity by the tenant on the residential real property,
including any common areas, or any criminal activity or criminal
threat, as defined in subdivision (a) of Section 422 of the Penal
Code, on or off the residential real property, that is directed at
any Owner or agent of the Owner of the residential real property
residential real property.This at-fault, just causeprovision shall
apply if the Owner has, within a reasonable time, reported the
criminal activity to law enforcement. Further, at-fault, just cause
eviction of a tenant under this provision shall only apply to that
tenant who committed the criminal activity described herein. If a
tenant is acquitted or found not guilty of the charges giving rise
to eviction, or if charges are not filed against the tenantwithin
the applicable statute of limitations period, the tenant shall be
Ordinance No. NS -____
Page 6of 22
EXHIBIT 3
offered the right to restore theTenancy only if the same
residential real property is available.
G.
lease, as described in paragraph (4) of Section 1161 of the
Code of Civil Procedure.
i.Notwithstanding any contrary provision in this section, an
Ownershall not take any action to terminate a Tenancy
based on a sublease of the residential real
propertyif all the following requirements are met:
I.The tenant requests permission fromthe Ownerin
writing to sublease theresidential real property;
II.The tenant continues to reside in the residential
real propertyas theirprimary residence;
III.The sublease replaces one or more departed
tenants under the leaseon a one-for-one basis;
and
IV.The Ownerfails to respond to the tenant in writing
within a reasonable amount of timeof the receipt
of the written request. If the Ownerfails to
respond to the written request, the
request shall be deemed approved by the Owner if
the lease is for a period of one (1) year or less. An
Ownertwritten
request may be based on, but is not limited to, the
ground that the total number of occupants in a
residential real propertyexceeds the maximum
number of occupants as determined under Section
503(b) of the Uniform Housing Code or successor
provision.
H.Thewner to enter the residential
real property as authorized by Sections 1101.5 and 1954 of the
Civil Code, and Sections 13113.7 and 17926.1 of the Health
and Safety Code.
I.Using the premises for an unlawful purpose as described in
paragraph (4) of Section 1161 of the Code of Civil Procedure.
Ordinance No. NS -____
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EXHIBIT 3
J.
termination as an employee, agent, or a licensee as described
in paragraph (1) of Section 1161 of the Code of Civil Procedure.
K.When the tenant fails to deliver possession of the residential
real property after providing the Owner written notice as
provided in Section 1946 of the Civil Code
intention to terminate the hiring of the real property, or makes a
written offer to surrender that is accepted in writing by the
Ownerbut fails to deliver possession at the time specified in that
written notice as described in paragraph (5) of Section 1161 of
theCode of Civil Procedure.
2)No-fault just cause, which includes any of the following:
A.
i.Intent to occupy the residential real property by the
Owner or their spouse, domestic partner, children,
grandchildren, parents, or grandparents.
ii.For leases entered into on or afterthe effective date of
this Ordinance,this subsectionshall apply only if the
tenant agrees, in writing, to the termination, or if a
provision of the lease allows the Ownerto terminate the
lease if the Owner, or their spouse, domestic partner,
children, grandchildren, parents, or grandparents
unilaterally decides to occupy the residential real property
for a period of at least 24 months, as affirmed by the
Ownerina written affidavitsubmitted to the City. Addition
of a provision allowing the Owner to terminate the lease
as described in this clause to a new or renewed rental
agreement or fixed-term lease constitutes a similar
provision for the purposes of subparagraph (E) of
paragraph (1).
B.Withdrawal of the residential real property from the rental
marketfor an anticipatedperiod of at least 24 months, as
affirmed by the Ownerina written affidavitsubmitted to the City.
C.
i.The Owner complying with any of the following:
I.An order issued by a government agency or court
relating to habitability that necessitates vacating
the residential real property.
Ordinance No. NS -____
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EXHIBIT 3
II.An order issued by a government agency or court
to vacate the residential real property.
III.A local ordinance that necessitates vacating the
residential real property.
ii.If it is determined by anygovernment agency or court
that the tenant is at fault for the condition or conditions
triggering the order or need to vacate under clause (i),
the tenant shall not be entitled to relocation assistance as
outlined in paragraph (3) of subdivision (d).
D.
i.Intent to demolish or to substantially remodel the
residential real property.
ii.
I.The Ownershall provideadvance notice to the
tenant of the ability to reoccupy the unit upon
completion of the repairs, or if requested by the
tenant, the right of first refusalto any comparable
vacant rental unitwhich has been offered at
comparable rent owned by the Owner; and
II.In the event the Ownerseeks to rentthe
remodeled unit within six (6) months following the
completion of the remodeling work, the evicted
tenant shallhave the right of first refusal to
reoccupy and rent the unit, unless the Owner
providesa written waiver by the tenant of their
right to reoccupy the premises pursuant to this
subsection.
iii.
the replacement or substantial
modification of any structural, electrical, plumbing, or
mechanical system that requires a permit from a
governmental agency, or the abatement of hazardous
materials, including lead-based paint, mold, or asbestos,
in accordance with applicable federal, State, and local
laws, that cannot be reasonably accomplished in a safe
manner with the tenant in place and that requires the
tenant to vacate the residential real property for at least
30 days. Cosmetic improvements alone, including
painting, decorating, and minor repairs, or other work that
can be performed safely without having the residential
Ordinance No. NS -____
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EXHIBIT 3
real property vacated, do not qualify as asubstantial
remodel.
(c)Before an Owner of residential real property issues a notice to terminate a
Tenancy for just cause that is a curable lease violation,the Owner shall
first give notice of the violation to the tenant with an opportunity to cure the
violation pursuant to paragraph (3) of Section1161 of the Code of Civil
Procedure. If the violation is not cured within the time period set forth in
the notice, a three-day notice to quit without an opportunity to cure may
thereafter be served to terminate the Tenancy.
1)Any written notice to cease or correct must:
A.Be dated and served upon the tenant, pursuant to at least one
of the methods authorized under California Code of Civil
Procedure Section 1162, as may be amended;
B.Inform the tenant that failure to cure may result in the initiation
of eviction proceedings;
C.Inform the tenant of the right to request a reasonable
accommodation;
D.Inform the tenant of the contact number for the Eviction Defense
Fund or the City if no such fund exists; and
E.Include a specific statement of the reasons for the written notice
to cease or correct with specific facts to help the tenant
determine the date(s), place(s), witness(es), and
circumstance(s)that support the reason(s) for the eviction.
(d)
1)For a Tenancy for which just cause is required to terminate the
Tenancy under subdivision (a), if an Owner of residential real property
issues a termination notice based on a no-fault just cause described in
paragraph (2) of subdivision (b), the Owner shall, regardless of the
A.Assist the tenant to relocate by providing a direct payment to the
tenant as described in paragraph 3; or
B.Waive in writing the payment of rent for the final three (3)
monthsof the Tenancy, prior to the rent becoming due.
2)If an Owner issues a notice to terminate a Tenancy for no-fault just
cause, the O
Ordinance No. NS -____
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EXHIBIT 3
relocation assistance or rent waiver and all other rights pursuant to this
section. Ifthe Owner elects to waive the rent for the final three (3)
monthof the Tenancy as provided in subparagraph (B) of paragraph
(1), the notice shall state the amount of rent waived and that no rent is
due for the final three (3) monthsof the Tenancy.
3)
A.The amount of relocation assistance or rent waiver shall be
equal to three (3) t that was in effect
when the Owner issued the notice to terminate the Tenancy.
Any relocation assistance shall be provided within 15 calendar
days of service of the notice.
B.If a tenant fails to vacate after the expiration of the notice to
terminate the Tenancy, the actual amount of any relocation
assistance or rent waiver provided pursuant to this subdivision
shall be recoverable as damages in an action to recover
possession.
C.The relocation assistance or rent waiver required by this section
shall be credited against any other relocation assistance
required by any other law.
4)An O
notice of termination void.
(e)This section shall not apply to the following types of residential real
properties or residential circumstances:
1)Transient and tourist hotel occupancy as defined in subdivision (b) of
Section 1940 of the Civil Code.
2)Housing accommodations in a nonprofit hospital, religious facility,
extended care facility, licensed residential care facility for the elderly,
as defined in Section 1569.2 of the Health and Safety Code, or an
adult residential facility, as defined in Chapter 6 of Division 6 of Title 22
of the Manual of Policies and Procedures published by the State
Department of Social Services.
3)Dormitories owned and operated by an institution of higher education
or a kindergarten and grades 1 to 12, inclusive, school.
4)Housing accommodations in which the tenant shares bathroom or
kitchen facilities with the Owner who maintains their principal residence
at the residential real property.
Ordinance No. NS -____
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EXHIBIT 3
5)Single-family Owner-occupied residences, including a residence in
which the Owner-occupant rents or leases no more than two units or
bedrooms, including, but not limited to, an accessory dwelling unit or a
junior accessory dwelling unit.
6)A duplex in which the Owner occupied one of the units as the O
principal place of residence at the beginning of the Tenancy, so long
as the Owner continues in occupancy.
7)Housing that has been issued a certificate ofoccupancy within the
previous 15 years.
8)Residential real property that is alienable separate from the title to any
other dwelling unit, provided that both of the following apply:
A.The Owner is not any of the following:
i.A real estate investment trust, asdefined in Section 856
of the Internal Revenue Code.
ii.A corporation.
iii.A limited liability company in which at least one member
is a corporation.
B.
i.The tenants have been provided written notice that the
residential property is exempt from this section using the
following statement:
just cause requirements ofSanta Ana Municipal Code
Chapter 8,Article X, Division 4. This property meets the
requirements of Santa Ana Municipal Code section 8-
1994(e)(8) and the Owner is notany of the following: (1)
a real estate investment trust, as defined by Section 856
of the Internal Revenue Code; (2) a corporation; or (3) a
limited liability company in which at least one member is
ii.For a Tenancy existing beforethe effective date of this
Ordinance, the notice required under clause (i) may, but
is not required to, be provided in the rental agreement.
iii.For any Tenancy commenced or renewed on or afterthe
effective date of this Ordinance, the notice required under
clause (i) must be provided in the rental agreement.
Ordinance No. NS -____
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EXHIBIT 3
iv.Addition of a provision containing the notice required
under clause (i) to any new or renewed rental agreement
or fixed-term lease constitutes a similar provision for the
purposes of subparagraph (E) of paragraph (1) of
subdivision (b).
9)Housing restricted by deed, regulatory restriction contained in an
agreement with a government agency, or other recorded document as
affordable housing for persons and families of very low, low, or
moderate income, as defined in Section 50093 of the Health and
Safety Code, or subject to an agreement that provides housing
subsidies for affordable housing for persons and families of very low,
low, or moderate income, as defined in Section 50093 of the Health
and Safety Codeor comparable federal statutes.
(f)An Owner of residential real property subject to this section shall provide
notice to the tenant as follows:
1)For any Tenancy commenced or renewed on or afterthe effective date
of this Ordinance, as an addendum to the lease or rental agreement, or
as a written notice signed by the tenant, with a copy provided to the
tenant.
2)For a Tenancy existing prior to the effective dateof this Ordinance, by
written notice to the tenant no later than thirty (30) days after the
effective dateof this Ordinance, or as an addendum to the lease or
rental agreement.
3)The notification or lease provision shall be in no less than 12-point
type, and shall include the following:The Santa AnaMunicipal Code
provides that after all of the tenants have continuously and lawfully
occupied the propertyfor at least thirty (30) days, anOwnermust
provide a statement of cause in any notice to terminate a Tenancy.
See Division 4 of Article X of Chapter 8of the Santa AnaMunicipal
Code
(g)It shall be a defense to an action for possession of a rental unitunder this
Division if atrier of fact determines that:
1)Both of the following provisions apply:
A.The tenantor tenant
or acts that constitute domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or stalking ifthe
domestic violence, elder or dependent adult abuse, sexual
Ordinance No. NS -____
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EXHIBIT 3
assault, human trafficking, or stalking has been documented by
one of the following:
i.Atemporary restraining order, emergency protective
order,or protective order issued within the last 180 days
pursuant to law that protects the tenant or ahousehold
member from domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or
stalking; or
ii.Thetenantor a member of theirhousehold has filed a
police report within the previous 180 days alleging that
they area victim of domestic violence, elder or
dependent adult abuse, sexual assault, human
trafficking, or stalking.
B.The noticeto vacate is substantially based upon the act or acts
constituting domestic violence, elder or dependent adult abuse,
sexual assault, human trafficking, or stalking against the tenant
or theirhousehold member, including,but not limited to,an
action forpossession based on complaints of noise,
disturbances, or repeated presence of police.
2)Notwithstanding this Section, anOwnermay terminate the Tenancy if:
A.The tenant or the person protected by a court order or who filed
a police report allows the person against whom the protective
order has been issued or who was named in the police report as
committing an act of domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or stalking, to
visit the rental property; or
B.The Ownerreasonably believes the presence of the person
against whom the protective order has been issued or who was
named in the police report as having committed an act of
domestic violence, elder or dependent adult abuse, sexual
assault, human trafficking, orstalking poses a physical threat to
other tenants, guests, invitees, or to a t
enjoyment and the Ownerpreviously gave the tenant a three(3)
day written notice to cease and correct this violation.
(h)Any waiver of the rights under this section shall be void as contrary to
public policy.
(i)For the purposes of this Division, the following definitions shall apply:
Ordinance No. NS -____
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EXHIBIT 3
1)
those terms are defined in Civil CodeSection1954.51.
2)or
mobilehome space and includes a lease or sublease, as such may be
subject to local ordinance pursuant to the terms of the Costa-Hawkins
Rental Housing Act, California Civil Code section 1954.50. et seq., and
the Mobilehome Residency Law, Civil Code section 798, et seq.
Section 8-1995Notice of Termination of Tenancy.
(a)When terminating a Tenancy either at-fault or no-fault, an Owner must
comply withall of the following:
1)The Ownermust serve a written notice in accordance with Civil Code
sections 1946 through 1946.5, to the tenant that states that, in addition
to any informationrequired by federal or State law, the Ownerwill
terminate the Tenancy, and thatindicates at least one at-faultorno-
fault just cause reasonas provided in section 8-1994(b); and
2)The Ownerhas not accepted and will not accept rent or any other
considerationin return for the continued use of the residential property
beyond the term of the terminatedTenancy in compliance with Djwjm!
Dpef sections 1945 through 1946.5; and
3)The Ownerqualifies the termination as at-fault or no-faultjust cause,
as specified in section8-1994(b); and
4)The Ownerhas submitted to the City, within five (5) days after service
ofthe notice of termination on the tenant, a true and accurate copy of
the Owner'swritten notice of termination, and proof of such service,
signed under penalty ofperjury, on the tenant. The Ownershall
maintain proof of service to the Cityas evidence that the Ownerhas
complied with this section.
5)The Owner must provide the notice in the language that the Owner and
tenant used to negotiate the terms of the Tenancy, in addition to
English.
Section 8-1996Retaliatory Eviction and Anti-Harassment.
(a)Retaliatory Eviction.
1)If the main intent of the Ownerin terminating a Tenancy or refusing to
renew aTenancy is retaliatory in nature, and if the tenant is not in
default as to the paymentof rent, then the Ownermay not terminate
Ordinance No. NS -____
Page 15of 22
EXHIBIT 3
the Tenancy or refuse to renew the Tenancyor cause the tenant to quit
involuntarily.
2)A tenant may assert retaliation affirmatively or as a defense to the
actionregardless of the period of timewhich has elapsed
between the tenant's assertionor exercise of rights under this Article
and the alleged act of retaliation.
3)Retaliation against a tenant because of the tenant's exercise of rights
under thisArticleis prohibited. Retaliation claims may only be brought
in court and may notbe addressed administratively. A court may
consider the protections afforded by thisArticlein evaluating a claim of
retaliation.
(b)Anti-Harassment. No Owner, or any person, acting as a principal or agent,
offering residential real propertyfor rent, or any contractor, subcontractor or
employee of the Ownershall, with respect to residential realproperty under
any Rental Agreementor other Tenancy or estate at will, however created, do
any of the following:
1)Interrupt,terminate, or fail to provide housing services required by
Rental Agreementor by federal, State, County, or local housing,
health, or safety laws, or threatento do so, or violate or threaten to
violate Djwjm!Dpef section 789.3.
2)Take any of the following actions in bad faith:
A.Fail to perform repairs and maintenance required by Rental
Agreement or by federal,State, or local laws;
B.Fail to exercise due diligence in completing repairs and
maintenance once undertaken;
C.Fail to follow appropriate industry repair, containment, or
remediation protocolsdesigned to minimize exposure to noise,
dust, lead, paint, mold, asbestos, or otherbuilding materials with
potentially harmful health impacts;
D.Conduct elective renovation or construction of unitfor the
purpose of harassinga tenant;
E.Refuse to acknowledge or accept receipt of a tenant's lawful
rent payment as set forthin a Rental Agreement, by usual
practice of the parties, or in a notice to pay rentor quit;
Ordinance No. NS -____
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EXHIBIT 3
F.Refuse to cash or process a rent check or other form of
acceptable rent payment forover thirty (30) days after it is
tendered;
G.Fail to maintain a current address for delivery of rent payments;
H.Violate a tenant's right to privacy without limitation, by
requesting informationregarding residence or citizenship status,
protected class status, or social securitynumber, except as
required by law or in the case of a social security number, for
the purpose of obtaining information for the qualifications for a
Tenancy;
I.Release information protected by the tenant's right to privacy
except as requiredor authorized by law; or
J.Request ordemand an unreasonable amount of information
from tenant in response toa request for reasonable
accommodation.
3)Abuse the right of access into residential real propertyas established
by DjwjmDpef section 1954 or other applicable law. This includes
entries for inspections thatare not related to necessary repairs or
services; entries excessive in number; entriesthat improperly target
certain tenants or are used to collect evidence against theoccupant or
otherwise beyond the scope of an otherwise lawful entry; entries or
demandsfor entry at times outside of normal business hours, unless
for health and safetyreasons or if the tenant agrees otherwise; entries
contrary to a tenant's reasonablerequest to change the date or time of
entry; photographing orotherwise recordingportions of a rental unit
that are beyond the scope of lawful entry or inspection;and
misrepresenting the reasons for accessing residential real property.
4)Influence or attempt to influence a tenant to vacate residential real
propertythrough fraud,misrepresentation, intimidation or coercion,
which shall include threatening to reporta tenant to the United States
Department of Homeland Security.
5)Threaten the tenant, by word or gesture, with physical harm, or abuse
tenant withwords, either orally or in writing, which are offensive and
inherently likely to provokean immediate violent reaction. This includes
words used during in-person conversations,through social media
postings or messages, or other communications.
6)Violate any law which prohibits discrimination based on race, gender,
sexual preference,sexual orientation, ethnic background, nationality,
Ordinance No. NS -____
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EXHIBIT 3
religion, age, parenthood, marriage,pregnancy, disability, human
immunodeficiency virus (HIV)/ acquired immune deficiencysyndrome
(AIDS), occupancy by a minor child, or source of income.
7)Take action to terminate any Tenancy including service of any notice to
quit or other eviction notice or bring any action to recover possession
of a rental unitbasedupon facts which the Ownerhas no reasonable
cause to believe to be true or upona legal theory which is untenable
under the facts known to the Owner. No Ownershall be liable under
this subsection for bringing an action to recover possessionunless and
until the tenant has obtaineda favorable termination of that action.
8)Remove from the rental unitpersonal property, furnishings, or any
other items withoutthe prior written consent of the tenant, except when
done pursuant to enforcementof a legal termination of Tenancy.
9)Providefalse written or verbal information regarding any federal, State,
County,or local Tenant protections, including mischaracterizing the
nature or effect of anotice to quit or other eviction notice. False
information includes, without limitation,requesting or demanding a
tenant:
A.Sign a new Rental Agreement not in the tenant's primary
language if:
i.Rental Agreement negotiations were conducted in the
tenant's primary language;
ii.The existing Rental Agreement is in the tenant's primary
language; or
iii.Owneris otherwise aware that the new Rental
Agreement is not in tenant's primary language.
B.Enter into a rent repayment plan if the Ownerstates,
misrepresents, suggests,or implies, that the tenant should or
must do so to take advantage of tenant protectionlaws that do
not in fact require such plans.
10)Offer payments to:
A.A tenant to vacate more than once in six (6) months, after the
tenant has notifiedthe Owner in writing that the tenant does not
desire to receive further offersof payments to vacate;
Ordinance No. NS -____
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EXHIBIT 3
B.Attempt to coerce tenant to vacate accompanied with threats or
intimidation. Thisshall not include settlement offers in pending
eviction actions made in good faithand not accompanied with
threats or intimidation.
11)Communicate with tenantin a language other than tenant's primary
language for thepurpose of intimidating, confusing, deceiving or
annoying tenant.
12)Interfere with a tenant's right to quiet use and enjoyment of a rental unit
as thatright is defined by law.
13)Commit repeated acts or omissions ofsuch significance as to
substantially interferewith or disturb the comfort, repose, peace, or
quiet of any person lawfully entitledto occupancy of such rental unit
and that cause, are likely to cause, or are intendedto cause any
person lawfully entitled to occupancy of a rental unitto vacate such
rental unitor to surrender or waive any rights in relation to such
occupancy.
14)Remove a housing service for the purpose of causing the tenant to
vacate the residential real property. For example, taking awaya
parking space knowing that a tenant cannot find alternativeparking
and must move.
15)Interfere with the right of tenants to organize as tenants and engage in
concertedactivities with other tenants for the purpose of mutual aid
and protection; provideproperty access to tenant organizers,
advocates, or representatives working with oron behalf of tenants
living at a property; convene tenant or tenant organization meetingsin
an appropriate space accessible to tenants under the terms of their
Rental Agreement;or distribute and post literature informing other
tenants of their rights and of opportunitiesto involve themselves in
their project in common areas, including lobby areas andbulletin
boards.
16)Threatening or intimidating a tenant based on their immigration or
citizenship status in violation of California Civil Code section
1940.35(a) and California Code of Civil Procedure section 1161.4, as
may be amended.
Ordinance No. NS -____
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EXHIBIT 3
Section 8-1997Violations.
It shall be unlawful and a misdemeanor for any person to violate or fail to comply
with any provision of the ordinance. The violation of any provision of this ordinance
shall be punished as provided inSanta Ana Municipal Code section 1-8.
Section5.The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility it will have a significant effect on the environment, and it is not a
"project," as defined in section 15378 of the State CEQA Guidelines.
Section 6.If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed thisordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 7.The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
Section 8.This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective. The City Council finds that this
ordinance is necessary to protect the public safety, health and welfare. The reasons for
the emergency are set forth in Section 1, paragraphs A-Q, inclusive of this ordinance.
Ordinance No. NS -____
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EXHIBIT 3
ADOPTED this ___day of ___________________,2021.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Ryan O. Hodge
Assistant City Attorney
AYES:Councilmembers:________________________________________
NOES:Councilmembers:________________________________________
ABSTAIN:Councilmembers:________________________________________
NOT PRESENT: Councilmembers:________________________________________
Ordinance No. NS -____
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EXHIBIT 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I,Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No.NS-XXXXto be the original ordinance adopted by the City Council of the
City of Santa Ana on.
Date: ____________________________________________________
Clerk of the Council
City of Santa Ana
Ordinance No. NS -____
Page 22of 22
EXHIBIT 4
ORDINANCE NO. NS-XXXX
ANORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REQUIRING JUST CAUSE EVICTIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1.The City Council of Santa Ana hereby finds, determines,and
declares as follows:
A.At the City Council meeting on September21, 2021, the City Council discussed
the City of Santa Anaability to address just cause
evictions.
B.Housing instability threatens the public peace, health, and safety as eviction from
loss of community; strain on household finances due to the necessity of paying
rental application fees and security deposits; stress and anxiety experienced by
those displaced; increased commute times and traffic impacts if displaced
workers cannot find affordable housing within the city in which they work; and
interruption of the education of children in the home.
C.Eviction creates particular hardships for individuals and households of limited
means, given the shortage of affordable housing within the City of Santa Anaand
the region generally.
D.According to the May 2017 report by the California Housing Partnership
Corporation, median rent in Orange County, which includes Santa Ana, has
increased twenty-eight percent (28%) since 2000, while median renter household
income has declined by 9%, when adjusted for inflation. Additionally, the May
2020 report by the California Housing Partnership Corporation demonstrated that
renters need to earn $42.23/hr, or, 3.2 times the state minimum wage to afford
an average monthly asking rent of $2,196 for a two-bedroom apartment in
Orange County.
E.-one percent (81%) of their
incomeon rent, leaving very little to meet other basic human needs such as food
and health.
F.If Santa Ana renter-occupied households paid thirty percent (30%) of their
income on housing, renters would have an extra $176 million dollars of
disposable income (income minus housing costs) to spend in the community
each year, or $7,000 per household. Additionally, racial inequities would
decrease, as the yearly disposable income would increase by 14% for Latinos,
13% for Asian or Pacific Islanders, and 7% for Whites.
Ordinance No. NS -____
Page 1of 22
EXHIBIT 4
G.The housing rent burden and poverty faced by many residents in Santa Ana
threatens the health, safety, and welfare of its residents, particularly when
resulting in eviction and displacement. Studies have shown that evictions play an
impactful role in thelives of low income renter households and can also
contribute to poverty through disruptive effects such as job loss, adverse health
effects, and negative consequences for children.
H.st seven
.
I.Mobilehome Parks comprise approximately five percent (5.1%) of all housing in
Santa Ana. The city has 29 Mobilehome Parks containing 3,913 spaces. Six of
the Mobilehome Parks and one thousand twenty spaces in Santa Ana are
currently age-restricted to persons 55 years of age or older.
J.The City Council has received public testimony at multiple meetings from Santa
Anaresidents who declared that they and their neighbors were unwilling to
register complaints against their landlords over unsuitable living conditions and/or
violations of their leases by landlords or management companies, based on a
fear of being evicted without just cause.
K.The California State Legislature adopted
codified in part inCalifornia Civil Codesection 1946.2,
which became effective by its own terms onJanuary1, 2020,and, with certain
exceptions, prohibitsan owner of residential property from terminating a tenancy
without just cause.
L.AB 1482 provides that a local ordinance adopted after September 1, 2019,
requiring just cause for termination of a residential tenancy shall supersede
California Civil Codesection 1946.2 only if the ordina
than section 1946.2.
M.In accordance with California Civil Codesection 1946.2(g)(1)(B), the City Council
finds that the provisions of this Ordinance regulating just cause terminations or
tenancies are more protective than California Civil Codesection 1946.2 for the
following reasons:
1.The just cause for termination of a residential tenancy under this Ordinance is
consistent with California Civil Codesection 1946.2.
2.This Ordinance provides additional tenant protections that are not prohibited
by any other provisions of applicable law.
N.The City Council finds and determines that regulating the relations between
residential landlords and tenants will increase certainty and fairness within the
Ordinance No. NS -____
Page 2of 22
EXHIBIT 4
residential rental market in the City andthereby serve the public peace, health,
and safety.
O.Pnted broadly under Article XI, section 7
of the California Constitution,and Santa Ana Charter section 200, the Santa Ana
City Council has the authority to enact and enforce ordinances and regulations
for the public peace, health,and welfare of the City and its residents.
P.The City Council hereby adoptsthese regulations in order to address the threats
set forth below.
1.Housing, particularly affordable housing,is difficult to procure in this region,
including in Santa Ana. Evictions without just cause destabilize the housing
market and can result inthe loss of affordable housing;
2.For the preservation of the public peace, health,and safety, the City Council
finds that it is necessary to adopt an ordinance regulating just cause
evictions, for all of the reasons set forth in the recitals above, which are
hereby incorporated by reference;
3.Without the imposition of this Ordinance, evictions without just cause may
result in the displacement of residential tenants who would be forced to find
new housing in an ever-more expensive housing market, and would
significantly increase the risk of residential tenants becoming homeless; and,
4.There is a threat to the public peace, health, and safety of the City and its
community, thereby necessitating the enactment of this Ordinance in order to
ensure that tenants are not turned out of their homes without just cause.
Q.The Request for Council Action for this ordinance dated September21,2021,
shallbe incorporated hereinby this reference, and together with this ordinance,
any amendments or supplements, and oral testimony,shall constitute the
necessary findings for this ordinance.
R.The City Council finds, determines,and declares that the threat to the public
health, safety,and welfare of the City and its residentsnecessitates the
enactment of the ordinance.
Section 2.The recitals and statements of fact set forth in the preamble to this
ordinance are true and correct, constitute a substantive part of this ordinance, and are
incorporated herein by this reference.
Section 3.Sections 8-1993 through 8-1997of the Santa Ana Municipal Code
are deleted in their entirety.
Ordinance No. NS -____
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EXHIBIT 4
Section 4.Division 4 is hereby added to Article X(Property Maintenance)of
Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code to read as
follows:
Division 4. JUST CAUSE EVICTIONS
Section 8-1993Citation.
This Division
Section 8-1994Restrictions on Termination of Tenancy Without Just Cause
(a)Notwithstanding any other law, after a tenant has continuously and
lawfully occupied a residential real propertyfor thirty (30) days, the Owner
of the residential real property shall not terminate the Tenancy without just
cause, which shall be stated in the written notice to terminate Tenancy.
1)The Owner shall post a notice on a form prescribedby the City,
providing information about the existence of this Division4 of Chapter
8 of theSanta Ana Municipal Code, including protections related to
immigration or citizenship status of tenant found under Civil Code
section 1940.35 and Code of Civil Procedure section 1161.4, as may
be amended. Notice must be posted in a conspicuous location onthe
property. The notice shall be written in the language that the Owner
and tenant used to negotiate the terms of the Tenancy (e.g., Spanish,
Chinese, Tagalog, Vietnamese and Korean),as well as English.
2)In addition to all other notice requirements specified elsewhere in this
Division, the Ownerof any residential real property or mobilehome
space, is required to provide written notice to tenants of their rights
under this Divisionas follows:
A.The notice required by this Divisionmust be on a form
prescribed by the Cityand include the following information:
i.The existence and scope of this Division4 of Chapter 8
of the Santa Ana Municipal Code;and,
ii.Theright to relocation assistancein limited
circumstances pursuant to subsection (d)(2) herein.
B.The Ownermust provide tenantwith the notice upon serving
any notice of change in terms of Tenancy.
Ordinance No. NS -____
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EXHIBIT 4
C.The Ownermust provide the notice on or before the
commencement of all Tenancies initiated after the effective date
of this Division.
(b)For purposes of this se
1)At-fault just cause, which is any of the following:
A.Default in the payment of rent.
B.A breach of a material term of the lease, as described in
paragraph (3) of Section 1161 of the Code of Civil Procedure,
including, but not limited to, violation of a provision of the lease
after being issued a written notice to correct the violation.A
i.The obligation to limit occupancy, provided that the
additional occupantwho joins the tenantof the residential
real propertythereby exceeding the limits on occupancy
set forth in the leaseis:
I.Adependent under age 18,or
II.Areplacement tenantwho moved in after an
approved tenantvacated the residential real
property, so long as the addition does not exceed
the Uniform Housing Code.
i.The Ownershall havethe right to approve
or denythe prospective additional or
replacement tenant, who is not a minor
dependent child, provided that the Owner
does not unreasonably withhold approval. If
the Ownerfails to respond to the tenantin
writing with a description of the reasons for
the denial of the request within a
reasonable amount of timeof receipt of the
written request, the
request shall be deemed approved by the
Owner if the lease is for a period of one (1)
year or less.
ii.A change in the terms of the Tenancy that is not the
result of an express written agreement signed by both of
the parties. An Owner is not required to obtain a
written consent toa change in the terms of the Tenancy if
Ordinance No. NS -____
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EXHIBIT 4
the change in the terms of the Tenancy is authorized by
this section, or if the Owneris required to change the
terms of the Tenancy pursuant to federal, State, or local
law. Nothing in this subsectionshall exempt anOwner
from providing legally required notice of a change in the
terms of the Tenancy.
C.Maintaining, committing, or permitting the maintenance or
commission of a nuisance as described in paragraph (4) of
Section 1161 of the Code of Civil Procedure.
D.Committing waste as described in paragraph (4) of Section
1161 of the Code of Civil Procedure.
E.The tenant had a written lease that terminated on or after the
effective date of this Ordinance, and after a written request or
demand from the Owner, the tenant has refused to execute a
written extension or renewal of the lease for an additional term
of similar duration with similar provisions, provided that those
terms do not violate this section or any other provision of law.
F.Criminal activity by the tenant on the residential real property,
including any common areas, or any criminal activity or criminal
threat, as defined in subdivision (a) of Section 422 of the Penal
Code, on or off the residential real property, that is directed at
any Owner or agent of the Owner of the residential real property
residential real property.This at-fault, just cause provision shall
apply if the Owner has, within a reasonable time, reported the
criminal activity to law enforcement. Further, at-fault, just cause
eviction of a tenant under this provision shall only apply to that
tenant who committed the criminal activity described herein. If a
tenant is acquitted or found not guilty of the charges giving rise
to eviction, or if charges are not filed against the tenantwithin
the applicable statute of limitations period, the tenant shall be
offered the right to restore the Tenancy only if the same
residential real property is available.
G.Assigning or subletting the premises in vio
lease, as described in paragraph (4) of Section 1161 of the
Code of Civil Procedure.
i.Notwithstanding any contrary provision in this section, an
Ownershall not take any action to terminate a Tenancy
based on a sublease of the residential real
propertyif all the following requirements are met:
Ordinance No. NS -____
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EXHIBIT 4
I.The tenant requests permission fromthe Ownerin
writing to sublease the residential real property;
II.The tenant continues to reside in the residential
real propertyas theirprimaryresidence;
III.The sublease replaces one or more departed
tenants under the leaseon a one-for-one basis;
and
IV.The Ownerfails to respond to the tenant in writing
within a reasonable amount of timeof the receipt
of the written request. If the Ownerfails to
respond to the written request, the
request shall be deemed approved by the Owner if
the lease is for a period of one (1) year or less. An
Ownertwritten
request may be based on, but is not limited to, the
ground that the total number of occupants in a
residential real propertyexceeds the maximum
number of occupants as determined under Section
503(b) of the Uniform Housing Code or successor
provision.
H.Thewner to enter the residential
real property as authorized by Sections 1101.5 and 1954 of the
Civil Code, and Sections 13113.7 and 17926.1 of the Health
and Safety Code.
I.Using the premises for an unlawful purpose as described in
paragraph (4) of Section 1161 of the Codeof Civil Procedure.
J.
termination as an employee, agent, or a licensee as described
in paragraph (1) of Section 1161 of the Code of Civil Procedure.
K.When the tenant fails to deliver possession of the residential
real property after providing the Owner written notice as
provided in Section 1946 of the Civil Code
intention to terminate the hiring of the real property, or makes a
written offer to surrender that is accepted in writing by the
Ownerbut fails to deliver possession at the time specified in that
written notice as described in paragraph (5) of Section 1161 of
the Code of Civil Procedure.
Ordinance No. NS -____
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EXHIBIT 4
2)No-fault just cause, which includes any of the following:
A.
i.Intent to occupy the residential real property by the
Owner or their spouse, domestic partner, children,
grandchildren, parents, or grandparents.
ii.For leases entered into on or afterthe effective date of
this Ordinance,this subsectionshall apply only if the
tenant agrees, inwriting, to the termination, or if a
provision of the lease allows the Ownerto terminate the
lease if the Owner, or their spouse, domestic partner,
children, grandchildren, parents, or grandparents
unilaterally decides to occupy the residential real property
for a period of at least 24 months, as affirmed by the
Ownerina written affidavitsubmitted to the City. Addition
of a provision allowing the Owner to terminate the lease
as described in this clause to a new or renewed rental
agreement or fixed-termlease constitutes a similar
provision for the purposes of subparagraph (E) of
paragraph (1).
B.Withdrawal of the residential real property from the rental
marketfor an anticipatedperiod of at least 24 months, as
affirmed by the Ownerina written affidavitsubmitted to the City.
C.
i.The Owner complying with any of the following:
I.An order issued by a government agency or court
relating to habitability that necessitates vacating
the residential real property.
II.An order issued by a government agency or court
to vacate the residential real property.
III.A local ordinance that necessitates vacating the
residential real property.
ii.If it is determined by any government agency or court
that the tenant is at fault for the condition or conditions
triggering the order orneed to vacate under clause (i),
the tenant shall not be entitled to relocation assistance as
outlined in paragraph (3) of subdivision (d).
D.
Ordinance No. NS -____
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EXHIBIT 4
i.Intent to demolish or to substantially remodel the
residential real property.
ii.
I.The Ownershall provideadvance notice to the
tenant of the ability to reoccupy the unit upon
completion of the repairs, or if requested by the
tenant, the right of first refusal to any comparable
vacant rental unitwhich has been offered at
comparable rent owned by the Owner; and
II.In theevent the Ownerseeks to rentthe
remodeled unit within six (6) months following the
completion of the remodeling work, the evicted
tenant shall have the right of first refusal to
reoccupy and rent the unit, unless the Owner
providesa written waiver by thetenant of their
right to reoccupy the premises pursuant to this
subsection.
iii.
modification of any structural, electrical, plumbing, or
mechanical system that requires a permit from a
governmental agency, or the abatement of hazardous
materials, including lead-based paint, mold, or asbestos,
in accordance with applicable federal, State, and local
laws, that cannot be reasonably accomplished in a safe
manner withthe tenant in place and that requires the
tenant to vacate the residential real property for at least
30 days. Cosmetic improvements alone, including
painting, decorating, and minor repairs, or other work that
can be performed safely without having the residential
real property vacated, do not qualify as asubstantial
remodel.
(c)Before an Owner of residential real property issues a notice to terminate a
Tenancy for just cause that is a curable lease violation,the Owner shall
first give notice of the violation to the tenant with an opportunity to cure the
violation pursuant to paragraph (3) of Section1161 of the Code of Civil
Procedure. If the violation is not cured within the time period set forth in
the notice, a three-day notice to quit without an opportunity to cure may
thereafter be served to terminate the Tenancy.
1)Any written notice to cease or correct must:
Ordinance No. NS -____
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EXHIBIT 4
A.Be dated and served upon the tenant, pursuant to at least one
of the methods authorized under California Code of Civil
Procedure Section 1162, as may be amended;
B.Inform the tenant that failure to cure may result in the initiation
of eviction proceedings;
C.Inform the tenant of the right to request a reasonable
accommodation;
D.Inform the tenant of the contact number for the Eviction Defense
Fund orthe City if no such fund exists; and
E.Include a specific statement of the reasons for the written notice
to cease or correct with specific facts to help the tenant
determine the date(s), place(s), witness(es), and
circumstance(s)that support the reason(s) for the eviction.
(d)
1)For a Tenancy for which just cause is required to terminate the
Tenancy under subdivision (a), if an Owner of residential real property
issues a termination notice based on a no-fault just cause described in
paragraph (2) of subdivision (b), the Owner shall, regardless of the
A.Assist the tenant to relocate by providing a direct payment to the
tenant as described in paragraph 3; or
B.Waive in writing the payment of rent forthe final three (3)
monthsof the Tenancy, prior to the rent becoming due.
2)If an Owner issues a notice to terminate a Tenancy for no-fault just
cause, the O
relocation assistance or rent waiver and all other rights pursuant to this
section. Ifthe Owner elects to waive the rent for the final three (3)
monthof the Tenancy as provided in subparagraph (B) of paragraph
(1), the notice shall state the amount of rent waived and that no rent is
due for the final three (3) monthsof the Tenancy.
3)
A.The amount of relocation assistance or rent waiver shall be
equal to three (3)
when the Owner issued the notice to terminate the Tenancy.
Any relocation assistance shallbe provided within 15 calendar
days of service of the notice.
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EXHIBIT 4
B.If a tenant fails to vacate after the expiration of the notice to
terminate the Tenancy, the actual amount of any relocation
assistance or rent waiver provided pursuant to this subdivision
shall be recoverable as damages in an action to recover
possession.
C.The relocation assistance or rent waiver required by this section
shall be credited against any other relocation assistance
required by any other law.
4)An Owith this section shall render the
notice of termination void.
(e)This section shall not apply to the following types of residential real
properties or residential circumstances:
1)Transient and tourist hotel occupancy as defined in subdivision (b) of
Section1940 of the Civil Code.
2)Housing accommodations in a nonprofit hospital, religious facility,
extended care facility, licensed residential care facility for the elderly,
as defined in Section 1569.2 of the Health and Safety Code, or an
adult residential facility, as defined in Chapter 6 of Division 6 of Title 22
of the Manual of Policies and Procedures published by the State
Department of Social Services.
3)Dormitories owned and operated by an institution of higher education
or a kindergarten and grades 1 to12, inclusive, school.
4)Housing accommodations in which the tenant shares bathroom or
kitchen facilities with the Owner who maintains their principal residence
at the residential real property.
5)Single-family Owner-occupied residences, including a residence in
which the Owner-occupant rents or leases no more than two units or
bedrooms, including, but not limited to, an accessory dwelling unit or a
junior accessory dwelling unit.
6)A duplex in which the Owner occupied one of the units as the O
principal place of residence at the beginning of the Tenancy, so long
as the Owner continues in occupancy.
7)Housing that has been issued a certificate of occupancy within the
previous 15 years.
Ordinance No. NS -____
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EXHIBIT 4
8)Residential real property that is alienable separate from the title to any
other dwelling unit, provided that both of the following apply:
A.The Owner is not any of the following:
i.A real estate investment trust, as defined in Section 856
of the Internal Revenue Code.
ii.A corporation.
iii.A limited liability company in which at least one member
is a corporation.
B.
i.The tenants have been provided written notice that the
residential property is exempt from this section using the
following statement:
just cause requirements ofSanta Ana Municipal Code
Chapter 8,Article X, Division 4. This property meets the
requirements of Santa Ana Municipal Code section 8-
1994(e)(8) and the Owner is not any of the following: (1)
a real estate investment trust, as defined by Section 856
of the Internal Revenue Code; (2) a corporation; or (3) a
limited liability company in which at least one member is
ii.For a Tenancy existing beforethe effective date of this
Ordinance, the notice required under clause (i) may, but
is not required to, be provided in the rental agreement.
iii.For any Tenancy commenced or renewed on or afterthe
effective date of this Ordinance, the notice required under
clause (i) must be provided in the rental agreement.
iv.Addition of a provision containing the notice required
under clause (i) to any new or renewed rental agreement
or fixed-term lease constitutes a similar provision for the
purposes of subparagraph (E) of paragraph (1) of
subdivision (b).
9)Housing restricted by deed, regulatory restriction contained in an
agreement with a government agency, or other recorded document as
affordable housing for persons and families of very low, low, or
moderate income, as defined in Section 50093 of the Health and
Safety Code, or subject to an agreement that provides housing
subsidies for affordable housing for persons and families of very low,
Ordinance No. NS -____
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EXHIBIT 4
low, or moderate income, as defined in Section 50093 of the Health
and Safety Codeor comparable federal statutes.
(f)An Owner of residential real property subject to this section shall provide
notice to the tenant as follows:
1)For any Tenancy commenced or renewed on or afterthe effective date
of this Ordinance, as an addendum to the lease or rental agreement, or
as a written notice signed by the tenant, with a copy provided to the
tenant.
2)For a Tenancy existing prior to the effective dateof this Ordinance, by
written notice to the tenant no later than thirty (30) days after the
effective dateof this Ordinance, or as an addendum to the lease or
rental agreement.
3)The notification or lease provision shall be in no less than 12-point
type, and shall include the following:The Santa AnaMunicipal Code
provides that after all of the tenants have continuously and lawfully
occupied the propertyfor at least thirty (30) days, anOwnermust
provide a statement of cause in any notice to terminate a Tenancy.
See Division 4 of Article X of Chapter 8of the Santa AnaMunicipal
Code
(g)It shall be a defense to an action for possession of a rental unitunder this
Division if atrier of fact determines that:
1)Both of the following provisions apply:
A.The tenantor tenant
or acts that constitute domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or stalking ifthe
domestic violence, elder or dependent adult abuse, sexual
assault, human trafficking, or stalking has been documented by
one of the following:
i.Atemporary restraining order, emergency protective
order,or protective order issued within the last 180 days
pursuant to law that protects the tenant or ahousehold
member from domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or
stalking; or
ii.Thetenantor a member of theirhousehold has filed a
police report within the previous 180 days alleging that
they area victim of domestic violence, elder or
Ordinance No. NS -____
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EXHIBIT 4
dependent adult abuse, sexual assault, human
trafficking, or stalking.
B.The notice to vacate is substantially based upon the act or acts
constituting domestic violence, elder or dependent adultabuse,
sexual assault, human trafficking, or stalking against the tenant
or theirhousehold member, including,but not limited to,an
action for possession based on complaints of noise,
disturbances, or repeated presence of police.
2)Notwithstanding this Section, anOwnermay terminate the Tenancy if:
A.The tenant or the person protected by a court order or who filed
a police report allows the person against whom the protective
order has been issued or who was named in the police report as
committing an actof domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or stalking, to
visit the rental property; or
B.The Ownerreasonably believes the presence of the person
against whom the protective order has been issued or who was
named in the police report as having committed an act of
domestic violence, elder or dependent adult abuse, sexual
assault, human trafficking, or stalking poses a physical threat to
other tenants, guests, invitees, or to a t
enjoymentand the Ownerpreviously gave the tenant a three(3)
day written notice to cease and correct this violation.
(h)Any waiver of the rights under this section shall be void as contrary to
public policy.
(i)For the purposes of this Division, the following definitions shall apply:
1)
those terms are defined in Civil CodeSection1954.51.
2)or
mobilehome space and includes a lease or sublease, as such may be
subject to local ordinance pursuant to the terms of the Costa-Hawkins
Rental Housing Act, California Civil Code section 1954.50. et seq., and
the Mobilehome Residency Law, Civil Code section 798, et seq.
Section 8-1995Notice of Termination of Tenancy.
(a)When terminating a Tenancy either at-fault or no-fault, an Owner must
comply withall of the following:
Ordinance No. NS -____
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EXHIBIT 4
1)The Ownermust serve a written notice in accordance with Civil Code
sections 1946 through 1946.5, to the tenant that states that, in addition
to any informationrequired by federal or State law, the Ownerwill
terminate the Tenancy, and thatindicates at least one at-faultor no-
fault just cause reasonas provided in section 8-1994(b); and
2)The Ownerhas not accepted and will not accept rent or any other
considerationin return for the continued use of the residential property
beyond the term of the terminatedTenancy in compliance with Djwjm!
Dpef sections 1945 through 1946.5; and
3)The Ownerqualifies the termination as at-fault or no-faultjust cause,
as specified in section8-1994(b); and
4)The Ownerhas submitted to the City, within five (5) days after service
ofthe notice of termination on the tenant, a true and accurate copy of
the Owner'swritten notice of termination, and proof of such service,
signed under penalty ofperjury, on the tenant. The Ownershall
maintain proof of service to the Cityas evidence that the Ownerhas
complied with this section.
5)The Owner must provide the notice in the language that the Owner and
tenant used to negotiate the terms of the Tenancy, in addition to
English.
Section 8-1996Retaliatory Eviction and Anti-Harassment.
(a)Retaliatory Eviction.
1)If the main intent of the Ownerin terminating a Tenancy or refusing to
renew aTenancy is retaliatory innature, and if the tenant is not in
default as to the paymentof rent, then the Ownermay not terminate
the Tenancy or refuse to renew the Tenancyor cause the tenant to quit
involuntarily.
2)A tenant may assert retaliation affirmatively or as a defense to the
actionregardless of the period of timewhich has elapsed
between the tenant's assertionor exercise of rights under this Article
and the alleged act of retaliation.
3)Retaliation against a tenant because of the tenant's exercise of rights
under thisArticleis prohibited. Retaliation claims may only be brought
in court and may notbe addressed administratively. A court may
consider the protections afforded by thisArticlein evaluating a claim of
retaliation.
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EXHIBIT 4
(b)Anti-Harassment. No Owner, or any person, acting as a principal or agent,
offering residential real propertyfor rent, or any contractor, subcontractor or
employee of the Ownershall, with respect to residential realproperty under
any Rental Agreementor other Tenancy or estate at will, however created, do
any of the following:
1)Interrupt,terminate, or fail to provide housing services required by
Rental Agreementor by federal, State, County, or local housing,
health, or safety laws, or threatento do so, or violate or threaten to
violate Djwjm!Dpef section 789.3.
2)Take any of the following actions in bad faith:
A.Fail to perform repairs and maintenance required by Rental
Agreement or by federal,State, or local laws;
B.Fail to exercise due diligence in completing repairs and
maintenance once undertaken;
C.Fail to follow appropriate industry repair, containment, or
remediation protocolsdesigned to minimize exposure to noise,
dust, lead, paint, mold, asbestos, or otherbuilding materials with
potentially harmful health impacts;
D.Conduct elective renovation or construction of unitfor the
purpose of harassinga tenant;
E.Refuse to acknowledge or accept receipt of a tenant's lawful
rent payment as set forthin a Rental Agreement, by usual
practice of the parties, or in a notice to pay rentor quit;
F.Refuse to cash or process a rent check or other form of
acceptable rent payment forover thirty (30) days after it is
tendered;
G.Fail to maintain a current address for delivery of rent payments;
H.Violate a tenant's right to privacy without limitation, by
requesting informationregarding residence or citizenship status,
protected class status, or social securitynumber, except as
required by law or in the case of a social security number, for
the purpose of obtaining information for the qualifications for a
Tenancy;
Ordinance No. NS -____
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EXHIBIT 4
I.Release information protected by the tenant's right to privacy
except as requiredor authorized by law; or
J.Request or demand an unreasonable amount of information
from tenant in response toa request for reasonable
accommodation.
3)Abuse the right of access into residential real propertyas established
by DjwjmDpef section 1954 or other applicable law. This includes
entries for inspections thatare not related to necessary repairs or
services; entries excessive in number; entriesthat improperly target
certain tenants or are used to collect evidence against theoccupant or
otherwise beyond the scope of an otherwise lawful entry; entries or
demandsfor entry at times outside of normal business hours, unless
for health and safetyreasons or if the tenant agrees otherwise; entries
contrary to a tenant's reasonablerequest to change the date or time of
entry; photographing or otherwise recordingportions of a rental unit
that are beyond the scope of lawful entry or inspection;and
misrepresenting the reasons for accessing residential real property.
4)Influence or attempt to influence a tenant to vacate residential real
propertythrough fraud,misrepresentation, intimidation or coercion,
which shall include threatening to reporta tenant to the United States
Department of Homeland Security.
5)Threaten the tenant, by word or gesture, with physical harm, or abuse
tenant withwords, either orally or in writing, which are offensive and
inherently likely to provokean immediate violent reaction. This includes
words used during in-person conversations,through social media
postings or messages, or other communications.
6)Violate any law which prohibits discrimination based on race, gender,
sexual preference,sexual orientation, ethnic background, nationality,
religion, age, parenthood, marriage,pregnancy, disability, human
immunodeficiency virus (HIV)/ acquired immune deficiencysyndrome
(AIDS), occupancy by a minor child, or source of income.
7)Take action to terminate any Tenancy including service of any notice to
quit or other eviction notice or bring any action to recover possession
of a rental unitbasedupon facts which the Ownerhas no reasonable
cause to believe to be true or upona legal theory which is untenable
under the facts known to the Owner. No Ownershall be liable under
this subsection for bringing an action to recover possessionunless and
until the tenant has obtained a favorable termination of that action.
Ordinance No. NS -____
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EXHIBIT 4
8)Remove from the rental unitpersonal property, furnishings, or any
other items withoutthe prior written consent of the tenant, except when
done pursuant to enforcementof a legal termination of Tenancy.
9)Provide false written or verbal information regarding any federal, State,
County,or local Tenant protections, including mischaracterizing the
nature or effect of anotice to quit or other eviction notice. False
information includes, without limitation,requesting or demanding a
tenant:
A.Sign a new Rental Agreement not in the tenant's primary
language if:
i.Rental Agreement negotiations were conducted in the
tenant's primary language;
ii.The existing Rental Agreement is in the tenant's primary
language; or
iii.Owneris otherwise aware that the new Rental
Agreement is not in tenant's primary language.
B.Enter into a rent repayment plan if the Ownerstates,
misrepresents, suggests,or implies, that the tenant should or
must do so to take advantage of tenant protectionlaws that do
not in fact require such plans.
10)Offer payments to:
A.A tenant to vacate more than once in six (6) months, after the
tenant has notifiedthe Owner in writing that the tenant does not
desire to receive further offersof payments to vacate;
B.Attempt to coerce tenant to vacate accompanied with threats or
intimidation. Thisshall not include settlement offers in pending
eviction actions made in good faithand not accompanied with
threats or intimidation.
11)Communicate with tenantin a language other than tenant's primary
language for thepurpose of intimidating, confusing, deceiving or
annoying tenant.
12)Interfere with a tenant's right to quiet use and enjoyment of a rental unit
as thatright is defined by law.
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EXHIBIT 4
13)Commit repeated acts or omissions of such significance as to
substantially interferewith or disturb the comfort, repose, peace, or
quiet of any person lawfully entitledto occupancy of such rental unit
and that cause, are likely to cause, or are intendedto cause any
person lawfully entitled to occupancy of a rental unitto vacate such
rental unitor to surrender or waive any rights in relation to such
occupancy.
14)Remove a housing service for the purpose of causing the tenant to
vacate the residential real property. For example, taking away a
parking space knowing that a tenant cannot find alternativeparking
and must move.
15)Interfere with the right of tenants to organize as tenants and engage in
concertedactivities with other tenants for the purpose of mutual aid
and protection; provideproperty access to tenant organizers,
advocates, or representatives working with oron behalf of tenants
living at a property; convene tenant or tenant organization meetingsin
an appropriate space accessible to tenants under the terms of their
Rental Agreement;or distribute and post literature informing other
tenants of their rights and of opportunitiesto involvethemselves in
their project in common areas, including lobby areas andbulletin
boards.
16)Threatening or intimidating a tenant based on their immigration or
citizenship status in violation of California Civil Code section
1940.35(a) and California Code of Civil Procedure section 1161.4, as
may be amended.
Section 8-1997Violations.
It shall be unlawful and a misdemeanor for any person to violate or fail to comply
with any provision of the ordinance. The violation of any provision of this ordinance
shall be punished as provided inSanta Ana Municipal Code section 1-8.
Section5.The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility it will have a significant effect on the environment, and it is not a
"project," as defined in section 15378 of the State CEQA Guidelines.
Section 6.If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
Ordinance No. NS -____
Page 19of 22
EXHIBIT 4
have passed this ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 7.The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
Ordinance No. NS -____
Page 20of 22
EXHIBIT 4
ADOPTED this ___day of ___________________,2021.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Ryan O. Hodge
Assistant City Attorney
AYES:Councilmembers:________________________________________
NOES:Councilmembers:________________________________________
ABSTAIN:Councilmembers:________________________________________
NOT PRESENT: Councilmembers:________________________________________
Ordinance No. NS -____
Page 21of 22
EXHIBIT 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I,Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No.NS-XXXXto be the original ordinance adopted by the City Council of the
City of Santa Ana on.
Date: ____________________________________________________
Clerk of the Council
City of Santa Ana
Ordinance No. NS -____
Page 22of 22
EXHIBIT 5
RESOLUTION NO. 2021-XXX
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANADIRECTING FURTHER STUDY OF THE ADDITIONAL
REGULATORY FRAMEWORK AND INFRASTRUCTURE
NECESSARY TO IMPLEMENT RESIDENTIAL RENT
STABILIZATION,JUST CAUSE EVICTION, AND OTHER
PROTECTIONS FOR RESIDENTS FACING HOUSING
INSTABILITY
WHEREAS, a shortage of decent, safe, affordable, and sanitary housing exists in
the City of Santa Ana, causing the displacement oflong-term residents, 54% of whom are
renters according to the 2019 American Community Survey;and
WHEREAS, eviction creates extreme hardships for individuals and households of
limited meansin Santa Ana, given the shortage of affordable housing within the City and
Orange County in general;and
WHEREAS, the COVID-19 pandemic has taken an enormous physical, economic,
and psychological toll onthe residents of Santa Ana, many of whom are lower-income
rentersexperiencing either reduction of work hours and job loss,or heightened risk of
contracting COVID-19 where they have continued to work in service-sector and other
positions that cannot be performed from home;and
WHEREAS, the City of Santa Ana, with a majority Latino population, has
experienced nearly 50,000 confirmed COVID-19cases, the highest in Orange County,
and over 800 deaths from COVID-19, leading to even greater housing instability; and
WHEREAS, housing instability threatens the public peace,health, and safety,
because eviction from ones home can lead to prolonged homelessness,increased
residential mobility,loss of community,strain on household finances due to the necessity
of paying rental application fees and security deposits,stress and anxiety experienced by
those displaced,increased commute times and traffic impacts if displaced workers cannot
find affordable housing within the city in which they work,and interruption of the education
of children in the home; and
WHEREAS, since 2016, theSanta Ana City Council has considered and received
public testimony at multiple meetings from residents threatened by eviction withoutgood
cause and rapidly escalating rental rateswho have advocated for the adoption of rent
stabilization and just cause eviction regulations, among others; and
WHEREAS, displacement from eviction has been an acute risk for many tenants
in Santa Ana, who are largely Latino and work inoccupations most impacted by the
COVID-19 pandemic;and
Resolution No. 2021-XXX
Page 1 of 3
EXHIBIT 5
WHEREAS, thefinancial impacts of displacement include, but arenot limited to,
packing, moving, temporary housing, application for new housing, and storagecosts, as
well as lost wages and time due to taking time off work; and
WHEREAS, landlords oftenrequire that prospective tenants pay the equivalent of
leasegenerally representing the first and last
, the total of which can exceed $10,000 and can
frequently reach $20,000 or greater; and
WHEREAS, renter households are more likely to be low-income than the
households of families whoown their homes; and
WHEREAS, ahousehold is generally rent-burdened if it spends more than 30%of
its gross income onhousing costs, and according to the 2019 American Community
Survey, 58.5% ofall renter households in the City of Santa Ana areeither moderately or
severely rent burdened; and
WHEREAS, renters in Santa Ana were protected from eviction for nonpayment of
rent due to COVID-19 through September 30, 2020,by City Executive Order No. 10-2020
and remain similarly protected by state law but only through September 30, 2021; and
WHEREAS, withinthe confines of existing state law, including the Costa-Hawkins
Rental Housing Actand the Tenant Protection Actof 2019,the City of Santa Ana is
presently taking steps to restrict rental increasesand grounds for evictionin response to
the above concerns;and
WHEREAS,these protections are designed to exceed those offered by state law
wherever permissible and also to apply to mobilehome owners, as the City is home to 29
mobilehome home parks containing 3,913spaces, most of which are owned or inhabited
by low-income or fixed-income seniors and families;and
WHEREAS, the concerns identified above related to housing instability warrant the
furtherstudy of additional framework and infrastructureto optimize the implementation of
related measures, including without limitation the creation of a Rent Board or similar body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1.City staff is hereby directedto conduct further study of the additional
regulatory framework and infrastructure necessary to implement residential rent
stabilization, just cause eviction, and other protections for Santa Ana residents facing
housing instability.
Section 2.These measures are to include the creation and operation of a Rent
Boardor similar body, a rent registry, and the related costs thereof.
Resolution No. 2021-XXX
Page 2 of 3
EXHIBIT 5
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.
ADOPTED this _____ day of ____________, 2021.
________________________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
John M. Funk
Sr.Assistant City Attorney
AYES: Councilmembers
NOES:Councilmembers
ABSTAIN:Councilmembers
NOT PRESENT:Councilmembers _
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I,DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on _______________.
Date: ______________________________________________________
Clerk of the Council
City of Santa Ana
Resolution No. 2021-XXX
Page 3 of 3
Community Development Agency
santa-ana.org
Item # 34
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Consolidated Annual Performance and Evaluation Report
AGENDA TITLE:
Public Hearing - Consolidated Annual Performance and Evaluation Report
RECOMMENDED ACTION
Authorize Submission of the Consolidated Annual Performance and Evaluation Report to
the U.S. Department of Housing and Urban Development
DISCUSSION
The Five-Year Consolidated Plan is a comprehensive planning and application document
that covers the three entitlement grants that the City receives annually from the U.S.
Department of Housing and Urban Development (HUD). The Consolidated Plan outlines
a strategy for using the three grants and other resources to meet community needs as
they were identified in the Plan. These three entitlement grants are the Community
Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME
Investment Partnerships Program (HOME). The Consolidated Plan also identifies five-
year numeric goals for meeting the identified community needs that Santa Ana will work
toward during the period covered.
As part of the Consolidated Plan process, HUD requires the City to submit a Consolidated
Annual Performance and Evaluation Report (CAPER) (Exhibit 1). The CAPER describes
the activities and accomplishments for the three federal entitlement grants during the past
fiscal year. It also reports on the City’s success in achieving the five-year numeric goals
and objectives that are established in the Five-Year Consolidated Plan. Fiscal Year 2020-
2021 is the first year covered by July 1, 2020 through June 30, 2021 Consolidated Five-
Year Plan.
The following table highlights accomplishments achieved during Fiscal Year 2020-2021
with funding from the CDBG, ESG and HOME Program:
Consolidated Annual Performance and Evaluation Report
September 21, 2021
Page 2
General ActivityAccomplishments
Completed multiple street improvements that include Raitt
Street, Bishop Street, and FY 2018-2019 and FY 2019-2020
Heninger Park Neighborhood Street Improvement.
Completed the rehabilitation of multiple curb ramps to comply
Capital with ADA accessibility regulations.
Improvements
Completed the rehabilitation and improvement of park lighting at
Centennial Park, Pacific Electric Park Bike Trail, and
Saddleback Park.
Completed the rehabilitation and reconstruction of walkways
throughout Centennial Park.
Economic
Provided 79 small business incentive grants to small businesses
Development
that were affected by the COVID-19 pandemic.
Provided funding for 19 non-profit organizations to administer 22
programs and served 2,108 persons.
America on Track, Boys & Girls Club of Santa Ana, OC
Children’s Therapeutic Arts Center, Neutral Ground, YMCA, the
Delhi Center, Girls Inc., Pure Game, Relámpago del Cielo, and
Women’s Journey provided youth services that included:
tutoring, education, recreation, fitness, a classical music
program, and gang prevention.
The Cambodian Family and the Delhi Center provided youth and
family services that included: tutoring, education, leadership,
Public Servicesparent workshops, and anti-bullying workshops.
The Legal Aid Society of Orange County and Lutheran Social
Services of Southern California provided criminal record
expungement and domestic violence services that included
housing and legal services.
Community Health Initiative of OC provided access to health and
social service programs by conducting outreach, education and
enrollment.
Provided public service activities to support COVID-19
response, including subsistence housing, COVID-19 testing,
food distribution, and other needs to support 4,353 residents.
Affordable
HOME Investment Partnership Program funds in the amount of
Housing
$3,007,489 have been committed to Related Companies of
California with A Community of Friends (ACOF) as co-developer
and lead service provider for the Crossroads at Washington
Project located at 1126 and 1146 E Washington Avenue in
Santa Ana. The project consists of a 100-percent affordable
multifamily apartment complex consisting of 85 units of rental
housing and one manager’s unit. All units will be affordable to
households earning less than 30 percent AMI, of which 43 units
Consolidated Annual Performance and Evaluation Report
September 21, 2021
Page 3
will be set-aside for permanent supportive housing.
HOME Investment Partnership Program funds in the amount of
$2,003,705 have been committed to Community Development
Partners for the development of Westview House located at
2530 Westminster Avenue in Santa Ana. The project consists of
an affordable multifamily apartment development consisting of
85 units of both large family and PSH with one (1) manager’s
unit. Twenty-six of the units will be funded by PBV and MHSA
funds through the NPLH program.
Completed acquisition and construction of an adaptive reuse
and new construction project known as the Santa Ana Arts
Collective, which is composed of 57 affordable rental units
designated for professional artists of all disciplines, and one
manager’s unit. Funding included HOME Investment
Partnership Program (HOME) funds of $ 2,627,631 and
Community Development Block Grant (CDBG) funds of
$500,000, in addition to $4,775,000 in Inclusionary Housing
funds.
Funded six first-time Homebuyer Down Payment Assistance
loans with $480,000 of CDBG funds.
Issued a Community Development Block Grant (CDBG) loan in
the amount of $1,687,047 for the acquisition and rehabilitation
of a former motel to yield 89 units of permanent supportive
housing at North Harbor Village. Eighty-nine (89) PBVs
consisting of 34 HUD-VASH PBVs and 55 non HUD-VASH
PBVs. Construction is underway.
HOME Investment Partnership Program (HOME) $5,128,152, in
existing affordable Housing Loans were re-subordinated to
complete the rehabilitation of a 126-unit affordable housing
project at Cornerstone Apartments.
Participated in 11 down payment assistance workshops.
Code Enforcement staff responded to and addressed a total of
5,308 complaints, covering 3,646 residential properties, of which
1,688 were single family residences and 3,029 were multi-family
residences within the CDBG-eligible deteriorating and
Code deteriorated areas.
Enforcement
Code Enforcement staff issued 184 Notices of Violation, 185
Notice and Orders, and 5,096 Administrative Citations involving
residential housing. Because of these efforts, property owners
have made approximately $1,166,464 in repairs and upgrades,
encompassing 337 properties.
Consolidated Annual Performance and Evaluation Report
September 21, 2021
Page 4
Provided assistance to 525 persons through street outreach,
homeless prevention, rapid re-housing, or shelter. This number
includes 116 children and 12 individuals who reported as
Homeless
Veterans. Numbers also include 135 individuals who reported
Services
having a chronic health condition, 120 individuals who reported
having a mental health problem, and 111 individuals who
reported having a physical disability.
The Draft CAPER reflects numbers that were available in the HUD system as of August
18, 2021. The final CAPER will capture performance information from the fourth quarter
that is not available to date. For this reason, several tables in the draft CAPER are blank.
Each table in the final CAPER will be complete to show the progress made in meeting the
Five-Year Consolidated Plan objectives.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Draft CAPER
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
4§¤ #¨³¸ ®¥ 3 ³ !
#®¬¬´¨³¸ $¤µ¤«®¯¬¤³ !¦¤¢¸
FY2020-2021 CAPER
*5,9 ΐǾ 2020 4(2/5'( *5.% ΒΏǾ ΑΏΑ1
DRAFT CAPER 1
OMB Control No: 2506-0117 (exp. 06/30/2018)
4 ¡«¤ ®¥ #®³¤³²
CR-05 - Goals and Outcomes ...........................................................................................................3
CR-10 - Racial and Ethnic composition of families assisted ............................................................. 11
CR-15 - Resources and Investments 91.520(a) ............................................................................... 12
CR-20 - Affordable Housing 91.520(b) ........................................................................................... 17
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ............................ 19
CR-30 - Public Housing 91.220(h); 91.320(j) ................................................................................... 21
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ............................................................................ 22
CR-40 - Monitoring 91.220 and 91.230 .......................................................................................... 27
CR-45 - CDBG 91.520(c) ................................................................................................................. 29
CR-50 - HOME 91.520(d) ............................................................................................................... 30
CR-60 - ESG 91.520(g) (ESG Recipients only) .................................................................................. 32
CR-65 - Persons Assisted ............................................................................................................... 35
CR-70 ESG 91.520(g) - Assistance Provided and Outcomes .......................................................... 36
CR-75 Expenditures.................................................................................................................... 37
APPENDICES
Appendix 1: Public Notices
Appendix 2: Summary of Public Comments
Appendix 3: IDIS Reports
DRAFT CAPER 2
OMB Control No: 2506-0117 (exp. 06/30/2018)
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
e consolidated plan and
Comparison of the proposed versus actual outcomes for each outcome measure submitted with thexplain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
the plan,
special attention to the highest priority activities identified.
giving
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
In FY2020, CDBG, HOME and ESG resources provided assistance to residents through an array of
programs. The race and ethnicity of these individuals are summarized below.
CDBG HOME ESG
White 2,918 1 422
Black or African American 32 1 44
Asian 248 0 13
American Indian or American Native 70 0 45
Native Hawaiian or Other Pacific Islander 14 0 9
Other/ Multi-Racial 3,293 9 15
Total 6,575 11 548
Hispanic 5,068 0 375
Not Hispanic 1,507 11 173
Table 2 Table of assistance to racial and ethnic populations by source of funds
DRAFT CAPER 11
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made Amount Expended
Available During Program Year
CDBG public - federal $6,761,848 $7,398,045*
HOME public - federal $2,487,047 $200,989
ESG public - federal $500,947 $434,696
CDBG-CV public - federal $6,610,618
$4,465,223
ESG-CV public - federal $2,206,672 $3,073,396
*Includes prior year resources
Table 3 - Resources Made Available
Narrative
Available funds that were not expended during the FY2020 program year will be prioritized for spending
in FY2021. Due to the COVID-19 pandemic, some activities were delayed or paused, resulting in not all
funds being spent.
Identify the geographic distribution and location of investments
Target Area Planned Percentage Actual Percentage Narrative Description
of Allocation of Allocation
Citywide 39 58% Citywide
Low-and Moderate-Low-and Moderate-
Income area 61 42% Income area
Table 4 Identify the geographic distribution and location of investments
The City continues to prioritize funds to address the needs of low- and moderate-residents - by targeting
neighborhoods and individual residents. The funding distribution reflects a lower share of funding
targeted to low- and moderate-income areas, in part due to the continued impacts of COVID-19.
DRAFT CAPER 12
OMB Control No: 2506-0117 (exp. 06/30/2018)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
In planning and implementing all HUD funded activities, The City regularly works to identify and leverage
other funding streams to maximize the impact of the CDBG, HOME, and ESG activities. Cities receiving
HOME Program funds are generally required to provide a HOME match of 25% of their annual
allocation. The City of Santa Ana has qualified for a HOME match reduction of 100%, therefore not
requiring the City to provide any match as part of the HOME Program. The ESG program requires a
dollar-for-dollar match requirement. The City of Santa Ana requires its ESG subrecipients to meet the
match requirement. This is done through a mix of cash and in-kind match as allowed under 24 CFR Part
576. In accordance with State law and local priority, the City consistently looks to leverage state and
locally owned property to achieve its annual goals.
Fiscal Year Summary HOME Match
1. Excess match from prior Federal fiscal year $0
2. Match contributed during current Federal fiscal year $0
3 .Total match available for current Federal fiscal year (Line 1 plus Line 2) $0
4. Match liability for current Federal fiscal year $0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $0
Table 5 Fiscal Year Summary - HOME Match Report
DRAFT CAPER 13
OMB Control No: 2506-0117 (exp. 06/30/2018)
Minority Business Enterprises and Women Business Enterprises Indicate the number and dollar
value of contracts for HOME projects completed during the reporting period
Total Minority Business Enterprises White Non-
Hispanic
Alaskan Asian or Black Non-Hispanic
Native or Pacific Hispanic
American Islander
Indian
Contracts
Number 0 0 0 0 0 0
Dollar 0 0 0 0 0 0
Amount
Sub-Contracts
Number 0 0 0 0 0 0
Dollar 0 0 0 0 0 0
Amount
Total Women Male
Business
Enterprises
Contracts
Number 5 0 0
Dollar 0 0 0
Amount
Sub-Contracts
Number 0 0 0
Dollar 0 0 0
Amount
Table 8 - Minority Business and Women Business Enterprises
Minority Owners of Rental Property Indicate the number of HOME assisted rental property owners
and the total amount of HOME funds in these rental properties assisted
Total Minority Property Owners White Non-
Hispanic
Alaskan Asian or Black Non-Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number 0 0 0 0 0 0
Dollar 0 0 0 0 0 0
Amount
Table 9 Minority Owners of Rental Property
DRAFT CAPER 15
OMB Control No: 2506-0117 (exp. 06/30/2018)
Relocation and Real Property Acquisition Indicate the number of persons displaced, the cost of
relocation payments, the number of parcels acquired, and the cost of acquisition
Parcels Acquired
Businesses Displaced
Nonprofit Organizations
Displaced
Households Temporarily
Relocated, not Displaced
Households Total Minority Property Enterprises White Non-
Displaced Hispanic
Alaskan Asian or Black Non-Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 Relocation and Real Property Acquisition
DRAFT CAPER 16
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 80 0
Number of Non-Homeless households to be
provided affordable housing units 36 64
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 116 64
Table 11 Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance
Number of households supported through
The Production of New Units 82 0
Number of households supported through
Rehab of Existing Units 31 58
Number of households supported through
Acquisition of Existing Units 3 6
Total 116 64
Table 12 Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City of Santa Ana continues to actively market its CDBG rehabilitation and homebuyer assistance
programs and the HOME rehabilitation programs through city publications, city website, and key
stakeholders throughout the City.
Rehabilitation and new construction programs were delayed due to the COVID-19 pandemic. The City
anticipates issuing multiple affordable housing RFPs during Program Year 2021.
In June 2020, the Heros Landing development ge) was opened, providing 75
units (71 1-bedroom and 4 2-bedroom) for formerly homeless veterans.
Additionally, six households received downpayment assistance through the CDBG downpayment
assistance program.
DRAFT CAPER 17
OMB Control No: 2506-0117 (exp. 06/30/2018)
mpleted, which included CDBG and HOME funds in addition
.
Discuss how these outcomes will impact future annual action plans.
The City will continue to issue RFPs for CDBG and HOME funds to support the development and
rehabilitation of affordable multi-family rental housing. Additionally, the City will continue to provide
single-family rehabilitation and homebuyer assistance programs.
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 22 7
Low-income 24 4
Moderate-income 18 0
Total 64 11
Table 13 Number of Households Served
The above table reflects a duplicative count of units assisted as part of the Santa Ana Collective. CDBG
funds were used for the acquisition, consisting of the 58 units and HOME funds were used to assist 11 of
those units. Table 12 provides an accurate count of the number of housing units assisted. The City of
Santa Ana -the Orange County CoC and homeless service
providers for potential homeless prevention assistance and/ or other services. As specific needs arise for
persons with disabilities, the City of Santa Ana offers reasonable accommodations and modifications, as
necessary.
DRAFT CAPER 18
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
Santa Ana prioritizes effective, targeted, and safe outreach to individuals experiencing homelessness to
support these individuals in identifying resources and establishing pathways to safe and sustainable
housing. The City has outreach staff regularly working and interfacing with individuals experiencing
homelessness to provide assistance and support in enrolling in shelter and/ or seeking other services.
During the 2020-2021 Program Year, the City of Santa Ana worked towards the following objectives:
1. Prioritized street outreach through Quality of Life Teams
2. Preserved existing and increase the supply of permanent supportive housing
3. Preserved existing and increase the supply of affordable housing
4. Provided housing services and assistance to special needs populations
5. Improved critical services to low-income and special needs populations
6. Coordinated services within the City as well as regionally in collaboration with the Continuum of
Care
7. Collaborated with all communities in Orange County to address homelessness with coordinated,
regional approaches
Addressing the emergency shelter and transitional housing needs of homeless persons
The City of Santa Ana coordinated with Orange County who operates a year-round emergency shelter in
the Civic Center of Santa Ana that provides safe sleep and emergency shelter for over 400 individuals
each night, and food and supportive services for over 600 individuals on a daily basis. The ESG funded
programs provided Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street
Outreach services. The County also ran an emergency cold-weather shelter in Santa Ana during the
winter. In addition to these shelters, the City targeted actions to addres the needs of individuals who are
homeless that includes unaccompanied women, victims of domestic violence, chronically homeless
individuals and families, families with children, veterans and their families, and unaccompanied youth.
The range of services include emergency shelter, transitional housing and permanent supportive
housing. ESG funds provided assistance for street outreach services, homeless prevention and rapid re-
housing.
DRAFT CAPER 19
OMB Control No: 2506-0117 (exp. 06/30/2018)
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Through the objective summarized above in the Outreach section, the City strives to help individuals and
families from becoming homeless. The ESG program funds Homelessness Prevention, Rapid Re-Housing,
Emergency Shelter, and Street Outreach services.Additionally, the County of Orange is equipped to
serve people discharged from publicly funded institutions or systems of care such as health care facilities
or correction programs.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The City supported a number of programs to assist low-income individuals and families to avoid
becoming homeless, including Section 8 Housing Choice vouchers. Other support services, such as job
and training assistance, food assistance, and counseling are also available to help individuals recover
from homelessness and to avoid becoming homeless. The City worked closely with the Continuum of
Care who provided oversight for the Vulnerability Index - Service Prioritization Decision Assistance Tool
(VI-SPDAT) to prioritize the most vulnerable chronically homeless individuals. Case management services
were offered in all programs to help prevent individuals from falling back into homelessness.
DRAFT CAPER 20
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
N/A The City does not have any public housing.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
N/A The City does not have any public housing.
Actions taken to provide assistance to troubled PHAs
N/A The City
DRAFT CAPER 21
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The 20202024 Consolidated Plan identified several barriers to the development of affordable housing
including the following:
Limited funding sources, financial costs, and the costs of development.
Market constraints primarily the availability, cost, and competition for land.
Available land in the City mostly consists of small parcels that must be assembled for significant
new construction projects. Relocation costs and housing replacement requirements for
redeveloping improved properties also presents barriers to the development of affordable
housing.
income households to obtain decent and affordable housing. Households with no or poor credit
history are severely impacted.
In an effort to mitigate these barriers, Santa Ana undertook the following actions during the report
period:
Construction of new rental and homeownership units
Rehabilitation and/ or preservation of existing rental units
Homeowner rehabilitation programs for low- and moderate-income households
land made available through Executive Order N-06-19, the City will look to identify potential parcels of
underutilized land that can be leveraged for potential affordable housing development.
that meet the specified criteria must provide: 1) if the new residential project consists of units
for sale, then a minimum of 10% of the total number of units in the project shall be sold to
moderate income households; 2) If the new residential project consist of rental units, a
minimum of 15% of the units shall be rented to low income households, or 10% rented to very
low income households; or 3) the developer may elect to satisfy these requirements for the
project by payment of a fee in lieu of constructing some or all of the affordable units.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
Based on the 2019 Point in Time Count and Survey, there are 6,860 individuals experiencing
homelessness in the County, with 1,769 in the City of Santa Ana. This is an increase of 769 individuals in
Santa Ana since the 2017 Point in Time Count. A challenge for Santa Ana is that many individuals
DRAFT CAPER 22
OMB Control No: 2506-0117 (exp. 06/30/2018)
experiencing homelessness gravitate to specific cities, one of which is Santa Ana. A goal of the City is to
work closely with community and faithbased groups, other municipalities and the County to provide a
coordinated and regional effort to address homelessness throughout the County. In addition, several
programs were funded by HOME, CDBG and ESG to assist underserved individuals. The number of
persons assisted during the report period is highlighted throughout this report.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
Lead-paint hazards are typically found in buildings constructed prior to 1978; the year lead based paint
ts now use a
reference level of 5 micrograms per deciliter to identify children with blood levels that are much higher
blood lead levels greater than the CDC recommended level of 5 micrograms of lead per deciliter of
blood), the CDC reported a decline in blood levels in children age five and younger, largely a result of the
phase-out of leaded gasoline and efforts by federal, state, and local agencies to limit lead paint hazards
in housing.In all housing activities, the City complies with requirements to examine for the potential risk
of lead exposure. If and when lead is identified, the City works with the property owner and/ or
subrecipient to remediate the lead-based paint.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
-poverty strategy includes expanding housing opportunities and support services for
low-income residents, and coordinating public and private resources to address their specific needs.
Services and activities supported by the City included:
Economic development program to stimulate the local economy and further increase job
opportunities for low- and moderate-income individuals.
Provid-CV programs offering services
including: Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach
services to reduce the number of poverty-level families that may have their housing status
negatively impacted by the COVID-19 pandemic.
Partner with and leverage local job training programs focused on supporting residents prepare
for and access living wage job opportunities.
ber of cost burdened households
living in the City, allowing them to allocate personal resources to other critical household needs.
Public services will be targeted to address critical needs of low-income and vulnerable residents
through the provision of programming, transportation, education, childcare and other key needs
that are identified by the City and its stakeholders. Services such as these are components to assist
individuals to be better suited to secure and retain living wage employment.
Homeless assistance, including prevention, will provide critical services to extremely low-income
households in need of immediate assistance and support to be better suited and able to take
steps to identify sustainable housing and employment options.
DRAFT CAPER 23
OMB Control No: 2506-0117 (exp. 06/30/2018)
Improving public facilities eliminates existing facilities and infrastructure that negatively impacts
residential neighborhoods.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The institutional delivery system in Santa Ana is high-functioning and collaborative, particularly the
relationship between city departments and the nonprofit sector comprised of a network of capable
nonprofit organizations operating in Santa Ana and throughout Orange County that are delivering a full
range of services to residents. Affordable housing development and preservation activities are carried
out by the Housing Department of the Community Development Agency in partnership with housing
developers and contractors. The Planning and Building Agency supports code enforcement activities.
Public service activities are carried out by nonprofit organizations with support and oversight from the
Community Development Agency as necessary to achieve the Strategic Plan goals. The Community
Development, Public Works and Planning and Building Agencies work together with contractors to
implement public facilities and improvement projects.
The greatest challenge behind COVID-19,
diversity of need and exceeds the amount of available funding to completely address all needs within
the community. Consequently, even high priority needs cannot be fully funded. Further, due to the scale
of need within the community nonprofit service providers are also operating at maximum capacity. As
a result, non-profit leadership has less time to dedicate to coordination and alignment with other
partner agencies and organizations to strategically target needs. In PY20 the Community Development
Agency worked to increase the efficiency of collaboration and coordination among different providers
operating in the City and throughout the region.
The City also supported programs aimed at enhancing. Examples of actions undertaken during the
report period to overcome gaps and enhance coordination included the following:
opportunities for lower income Santa Ana residents. The WDB is comprised of various
community leaders representing private employment, education, social services and
workforce needs are identified and addressed through a variety of public and private resources.
This advisory board also brings key community contacts together resulting in enhanced
coordination of program delivery and resource utilization.
The City participated in several homeless forums and committees. Specifically, the City served
on the Orange County Continuum of Care Board and participated in several committes including
the Housing Opportunity Committee, the Emergency Shelter Committee and the Data and
Performance Committee. The City also served on the Leadership Council for the United to End
Homelessness campaign empowered by the United Way and participated on the Executive
Committee. Through this participation, the City can ensure that barriers to housing and the
needs of the homeless are identified and addressed through the coordinated regional
implementation of limited funding and resources.
DRAFT CAPER 24
OMB Control No: 2506-0117 (exp. 06/30/2018)
The City sought to encourage home ownership opportunities to promote neighborhood stability.
With a high median purchase price of homes, homeownership remains a challenge for
households earning less than 80% of county median income. Recent increases in housing costs
have exacerbated this situation.
Neighborhood residents were encouraged to participate in the preparation and implementation
of neighborhood assessments and plans, and were kept informed on homelessness issues. Santa
gram provided the means to facilitate this participation. This
coordination included working with a variety of city departments, public utilities, property
owners, tenants, nonprofit agencies and the school district.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City has increased coordination between public and private housing & social service agencies
incorporating feedback during the notice-and-comment period of the Substantial Amendments of the
2020-2021 Annual Action Plan. COVID-19 created an urgent need for services and the City was able to
incorporate feedback from private housing & social service agencies on CDBG-CV & ESG-CV allocations
allowing the City to cover urgent needs gap in the City not covered by private providers.
As in past years, Santa Ana made an effort to leverage private and federal funds with local and state
The greatest barrier to
affordable housing in the City is a limited supply of resources and available land to support the
development and preservation of affordable housing within the City. The City works closely with non-
governmental, state and federal agencies to identify potential funding streams and resources.
Several affordable housing projects are moving forward currently in the City and two projects for
individuals/veterans experiencing homelessness are in the pipeline. These are examples of how the City
is coordinating with private developers and social service agencies to create affordable housing
opportunities in Santa Ana.
-occupied housing rehabilitation programs have been instrumental in preserving
housing units occupied by lower income households. Furthermore, homeownership opportunities for
low- and moderate-
Payment Assistance Program. The City worked closely with Habitat for Humanity in completing the last
phase of the scattered site project where single family homes were developed to be sold at affordable
price and to restrict to income qualified households for a period of at least 45 years. Additionally, the
Santa Ana Housing Authority provided rental assistance vouchers to very-low income households.
-Sufficiency (FSS) program were also referred to
classes (available in English, Spanish and Vietnamese) on how to prepare for homeownership.
City staff met regularly with public and private organizations to coordinate various efforts. The City's
relationship with nonprofit organizations in the community allowed for an integrated approach for
funding requests from local, state and federal agencies. The City worked with nonprofits as they applied
DRAFT CAPER 25
OMB Control No: 2506-0117 (exp. 06/30/2018)
for funds for activities consistent with the objectives in the Consolidated Plan. The City also
communicated with various institutions to facilitate the exchange of information and to develop
strategies to provide benefits and housing services.
consults with the County and local ESG entitlement grantees in regard to the use of ESG funds. On-going
meetings are held to coordinate the development of eligibility criteria, performance standards and
outcome measurements, as well as to establish funding, policies, and procedures for the operation and
administration of the Homeless Management Information System (HMIS).
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The City evaluated barriers and constraints to the development of affordable housing as a critical
component of the Housing Element. The California Department of Housing and Community has certified
Impediments to Fair Housing Choice to ensure the City is affirmatively furthering fair housing for all
residents of Santa Ana. In addition, the City of Santa Ana is currently updating its Analysis of
Impediments to Fair Housing Choice to ensure the City is affirmatively furthering fair housing for all
residents of Santa Ana.
The City participated
Choice for the period of 2020 - 2024. Through this process, the City has identified a set of city-specific
and regional goals and approaches to address barriers to affordable housing and affirmatively further
fair housing in the City. The City will continue to work to meeting the goals and objectives set forth in
the Analysis of Impediments update.
DRAFT CAPER 26
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
To ensure that HUD funds are used efficiently and in compliance with applicable regulations, the City
provides technical assistance to all subrecipients at the beginning of each program year and monitors
subrecipients throughout the program year.
The City of Santa Ana applied the same monitoring standards to its CDBG-CV and ESG-CV programs.
Technical Assistance
To enhance compliance with federal program regulations, the City provides an annual Notice of Funding
Availability (NOFA) workshop to review the Plan goals, program requirements and available resources
with potential applicants. Subsequent to the approval of the Annual Action Plan, a mandatory
subrecipient workshop is held to review program regulations in detail, to provide useful forms and
resources
requirements. Additionally, individualized technical assistance is provided on an as-needed basis
throughout a program year.
Activity Monitoring
All activities are monitored, beginning with a detailed review upon receipt of an application to
determine eligibility, conformance with a National Objective and conformance with a Plan goal. This
review also examines the proposed use of funds, eligibility of the service area, eligibility of the intended
beneficiaries and likelihood of compliance with other federal requirements such as the National
Environmental Policy Act, the System for Award Management (SAM) debarment list, prevailing wage,
Minority and Women Business Enterprise, Section 3 and federal acquisition and relocation regulations,
as applicable.
Subrecipients are required to submit an audit and other documentation to establish their capacity, and
any findings noted in the audit are reviewed with the applicant. Eligible applications are then considered
for funding. Once funded, desk monitoring includes ongoing review of required quarterly performance
reports. For CDBG public service activities, an on-site monitoring is conducted once every two (2) years,
or more frequently as needed to ensure compliance. These reviews include both a fiscal and
complying with the program regulations and City contract. Areas routinely reviewed include overall
administration, financial systems, appropriateness of program expenditures, program delivery, client
eligibility determination and documentation, reporting systems, and achievement toward achieving
contractual goals. Following the monitoring visit, a written report is provided delineating the results of
the review and any findings of non-compliance and the required corrective action. Subrecipients
DRAFT CAPER 27
OMB Control No: 2506-0117 (exp. 06/30/2018)
normally have 30 days to provide the City with corrective actions taken to address any noted findings.
Individualized technical assistance is provided, as noted above, as soon as compliance concerns are
identified. For CDBG capital projects, monitoring also includes compliance with regulatory agreement
requirements
Citizen Participation Plan 91.105(d); 91.115(d)
The City published a notice in the general circulation of papers in English, Spanish and Vietnamese that
its CAPER was available for review for public comment. The CAPER was made available for review at the
Office of the Clerk of the Council, Community Development Agency 6th Floor Reception Area, and on
-day public comment period prior to the submission of the CAPER to
HUD. In addition, a public hearing was held by the Community Redevelopment and Housing Commission
and at the City Council meeting to obtain public comments, with the City Council authorizing the
submission of the report to HUD.
In preparation for the 2020 Consolidated Plan, the City updated its Citizen Participation Plan to ensure
ongoing compliance with program requirements and allowing residents and stakeholders adequate
opportunity to participate in the design and implementation of HUD-funded programs.
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
The City published a notice in the general circulation of papers in English, Spanish and Vietnamese that
its CAPER was available for review for public comment. The CAPER was made available for review at the
Office of the Clerk of the Council, Community Development Agency 6th Floor Reception Area, and on
-day public comment period prior to the submission of the CAPER to
HUD. In addition, a public hearing was held by the Community Redevelopment and Housing Commission
and at the City Council meeting to obtain public comments, with the City Council authorizing the
submission of the report to HUD.
DRAFT CAPER 28
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-45 - CDBG 91.520(c)
and indications of how the jurisdiction would change its programs as a result of its
experiences.
The 2020-2021 Program Year was the first year of the 2020-2024 Consolidated Plan. The City made
progress towards its five-year and one-year goals for this reporting period and did not change its
program objectives or the projects & activites that utilized CDBG, ESG, and HOME funds.
CDBG activities were slowed as a result of the onset of the COVID-19 pandemic. This includes public
service, public facility and housing activities. In part, this is due to prioritizing COVID-19 response
activities and programs/ services/ activities that were either not applicable due to the pandemic or were
generally delayed due to the pandemic. The City anticipates that activities originally planned for
completion during program year 2020 will be completed in program year 2021.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No.
DRAFT CAPER 29
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the
program to determine compliance with housing codes and other applicable regulations
tƌĻğƭĻ ƌźƭƷ ƷŷƚƭĻ ƦƩƚƆĻĭƷƭ ƷŷğƷ ƭŷƚǒƌķ ŷğǝĻ ĬĻĻƓ źƓƭƦĻĭƷĻķ ƚƓΏƭźƷĻ Ʒŷźƭ ƦƩƚŭƩğƒ ǤĻğƩ ĬğƭĻķ ǒƦƚƓ
ƷŷĻ ƭĭŷĻķǒƌĻ źƓ ήВЋ͵ЎЉЍΛķΜ͵ LƓķźĭğƷĻ Ǟŷźĭŷ ƚŅ ƷŷĻƭĻ ǞĻƩĻ źƓƭƦĻĭƷĻķ ğƓķ ğ ƭǒƒƒğƩǤ ƚŅ źƭƭǒĻƭ ƷŷğƷ
ǞĻƩĻ ķĻƷĻĭƷĻķ ķǒƩźƓŭ ƷŷĻ źƓƭƦĻĭƷźƚƓ͵ CƚƩ ƷŷƚƭĻ ƷŷğƷ ǞĻƩĻ ƓƚƷ źƓƭƦĻĭƷĻķͲ ƦƌĻğƭĻ źƓķźĭğƷĻ ƷŷĻ
ƩĻğƭƚƓ ğƓķ ŷƚǞ Ǥƚǒ Ǟźƌƌ ƩĻƒĻķǤ ƷŷĻ ƭźƷǒğƷźƚƓ͵
The City of Santa Ana conducts onsite inspections of HOME-assisted rental units during the required
affordability period to determine compliance with HUD property standards in accordance with 24 CFR
92.251. HOME-assisted rental projects with one to four units are inspected every three years, projects
with five to 25 units are inspected every two years, and projects with 26 or more units are inspected
annually. The City of Santa Ana received COVID-19 waivers regarding on-site inspections of rental
housing and for housing units of recipients of TBRA funding. Inspection schedule dates have been
shifted accordingly as per HUD regulations.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.351(b)
containing 5 or more HOME or CDBG-assisted housing. These procedures and requirements do not apply
to families with Section 8 tenant-based rental housing assistance or families with tenant-based rental
assistance provided with HOME funds. The procedures include:
Methods to inform the public about Federal fair housing laws:
The City displays the Equal Housing logo or slogan in housing-related press releases and
Development Division.
-
assisted rental units in its countywide Affordable Housing List maintained by the County.
Requirements and practices owners must adhere to:
Owners must display the Equal Housing Opportunity logo or slogan in all correspondence with
current or potential tenants, on lease agreements, and display the fair housing poster in their
leasing offices, and develop written procedures for selecting tenants.
The City required owners of City HOME- and CDBG-assisted rental units to continuously review
the demographic makeup of their tenants. If and when such review indicated that their tenants
fact and request City review and approval for the steps they took to correct that deficiency.
DRAFT CAPER 30
OMB Control No: 2506-0117 (exp. 06/30/2018)
Co
obligation of all rental property owners receiving HOME or CDBG assistance from the City of
Santa Ana, and will be enforceable by means of appropriate actions described in loan
documents recorded through the County of Orange.
Record keeping:
The City will require owners of its HOME- and CDBG- assisted rental units covered under this
marketing plan to make an annual report to the City detailing the steps they have taken to
comply with this Program. They will also be required to report on the ethnicity of their tenants,
as well as rents, income levels, and other household characteristics. Reports will be made on a
form that is acceptable to the City of Santa Ana, and that will enable the City to capture the data
it needs to evaluate owner compliance with this Program.
The City will maintain records on owner reports and its evaluation of those reports for a period
of not less than ten years after expiration of the affordability period required by applicable HUD
regulations.
Annual assessment:
Upon receipt of owner reports, the City will evaluate the ethnic and racial characteristics of
do not, the
City will direct the owner to take further affirmative marketing steps to correct the imbalance.
The City will track and evaluate the steps taken to insure they have the desired effect.
Refer to IDIS reports to describe the amount and use of program income for projects,
including the number of projects and owner and tenant characteristics
Not applicable. The City receipted $360,402 in program income during FY2020. The City did not expend
any program income during the FY2020 program year, but anticipates that such funds will be included in
forthcoming RFPs during program year 2021.
Describe other actions taken to foster and maintain affordable housing.
The City coordinates HOME funding and activities with other federal, state, and local affordable housing
resources to maximize the assistance provided in the City and construct and/ or rehabilitate affordable
housing throughout the City.
DRAFT CAPER 31
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in ĻΏƭƓğƦƭ
For Paperwork Reduction Act
1. Recipient InformationAll Recipients Complete
Basic Grant Information
Recipient Name SANTA ANA
Organizational DUNS Number 083153247
EIN/TIN Number 956000785
Indentify the Field Office LOS ANGELES
Identify CoC(s) in which the recipient or
subrecipient(s) will provide ESG
assistance
ESG Contact Name
Prefix Mr
First Name Judson
Middle Name
Last Name Brown
Suffix
Title Housing Division Manager
ESG Contact Address
Street Address 1 20 Civic Center Plaza, M-26
Street Address 2 0
City Santa Ana
State CA
ZIP Code 92701-
Phone Number 7146672241
Extension 0
Fax Number
7146476549
Email Address jbrown@santa-ana.org
ESG Secondary Contact
Prefix Ms
First Name Mikelle
Last Name Daily
Suffix 0
Title Community Development Analyst
Phone Number 7146672256
DRAFT CAPER 32
OMB Control No: 2506-0117 (exp. 06/30/2018)
Extension 0
Email Address jbrown@santa-ana.org
2. Reporting PeriodAll Recipients Complete
Program Year Start Date 07/01/2019
Program Year End Date 06/30/2020
3a. Subrecipient Form Complete one form for each subrecipient
Subrecipient or Contractor Name: 2-1-1 Orange County
City: Santa Ana
State: CA
Zip Code: 92705
DUNS Number: 884339003
Is subrecipient a victim services provider: No
Subrecipient Organization Type: Nonprofit
ESG Subgrant or Contract Award Amount: $20,750
Subrecipient or Contractor Name: Wise Place
City: Santa Ana
State: CA
Zip Code: 92706
DUNS Number: 002322894
Is subrecipient a victim services provider: No
Subrecipient Organization Type: Nonprofit
ESG Subgrant or Contract Award Amount: $31,128
Subrecipient or Contractor Name: Interval House
City: Long Beach
State: CA
Zip Code: 90803
DUNS Number: 113510176
Is subrecipient a victim services provider: Yes
Subrecipient Organization Type: Nonprofit
ESG Subgrant or Contract Award Amount: 36,315
DRAFT CAPER 33
OMB Control No: 2506-0117 (exp. 06/30/2018)
Subrecipient or Contractor Name: Mercy House Transitional Living Center
City: Santa Ana
State: CA
Zip Code: 92702
DUNS Number: 879797165
Is subrecipient a victim services provider: No
Subrecipient Organization Type: Nonprofit
ESG Subgrant or Contract Award Amount: 316,491
Subrecipient or Contractor Name: Santa Ana
City: Santa Ana
State: CA
Zip Code: 92701
DUNS Number: 083153247
Is subrecipient a victim services provider: No
Subrecipient Organization Type: Unit of Government
ESG Subgrant or Contract Award Amount: 88,898
DRAFT CAPER 34
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-65 - Persons Assisted
See Appendix 3: Sage ESG CAPER Report.
DRAFT CAPER 35
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-70 ESG 91.520(g) - Assistance Provided and Outcomes
10. Shelter Utilization
Number of New Units Rehabbed 0
Number of New Units Conversion 0
Total Number of bed - nigths available 4,015
Total Number of bed - nights provided 2,840
Capacity Utilization 71%
Table 24 Shelter Capacity*
*Shelter Utilization data is provided for Interval House. Mercy House is set up as an entry and exit
program and does not maintain bed utilization data.
11. Project Outcomes Data measured under the performance standards developed in
consultation with the CoC(s)
City staff along with other the cities of Anaheim, Garden Grove and the County of Orange have formed
the Orange County ESG Collaborative to discuss policies and procedures, how best to allocate ESG funds,
as well as a variety of program and homeless issues. The City of Santa Ana along with this Collaborative
continues to use mutually agreed upon forms including: intake forms, client participation agreements,
checklists for monitoring and evaluating project and agency performance, and reimbursement forms for
purposes of consistency and streamlining the process for all applicable parties. Staff consults with the
CoC on a regular basis, attends numerous meetings and is involved in the Continuum of Care.
DRAFT CAPER 36
OMB Control No: 2506-0117 (exp. 06/30/2018)
CR-75 Expenditures
See Appendix 3: Sage ESG CAPER Report.
DRAFT CAPER 37
OMB Control No: 2506-0117 (exp. 06/30/2018)