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Home My WebLink About FULL PACKET_2008-05-05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON .PARKS, RECREATION, EDUCATION AND YOUTH JANUARY 9, 2008 CALL TO ORDER The meeting convened at 5:39 p.m. in the City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California: 'i ^ ATTENDANCE .. ,. Council members Present. Michele.: Martinez (Chair),;: Vincent Sarmiento.,and. Sal Tinajero Councilmember(s) Absent: None Staff Present:. Cathy Standiford, Assistant City Manager, Gerardo. Mouet, Executive Director;. Jose Sandoval, Assistant City Attorney; Ron Ono, Administrative Services Manager; Ron Glazier,...: SA Zoo Director; Alma Flores, Sr. Management Assistant; Hiram Uribe, Graphics-Designer ,. Public Present Steve .McGuigan, Kathy. Decker 1. APPROVAL OF MINUTES • Minutes of November 7, 2007 Regular meeting and November 21, 2007 Special meeting. approved as presented. 2. SANTA.ANA ZOQ MARKETING Staff presented a power point report on the Santa Ana Zoo Marketing Strategy. Zoo attendance and revenue realities,.. Zoo strengths, :weaknesses,.. opportunities,: and threats will tie reviewed through this analysis. The strategy will also review the existing: partnership marketing approach and how it can be enhanced. Currently, the peak seasons are. spring and summer; topping 3,000 attendances per day. One of the marketing goals will be to increase the non-peak season of fall and winter and weekday afternoons. The physical limitation to increasing attendance will be the parking challenge. With the. current improvements and events, the Zoo is approximately. 45 percent self sufficient. The Zoo is centrally located, with great freeway access, the only,AZA accredited Zoo in Orange: County, strong FOSAZ support, many recent improvements and rides along with- reasonably admission prices. Concerns would include: not enough public awareness, limited parking, Zoo not fully developed, existing exhibits needing. renovation, need for. additional larger and exciting animal exhibits, improving the rundown .appearance surrounding the outside of the Zoo., the need to provide other attractions or services outside the Zoo that compliment the Zoo. PREY Regular Meeting -MINUTES 113 8-1 January 9, 2008 There are still many opportunities for the Zoo. The adjacent properties (Elk's property) can be developed as a destination place with sufficient parking to enhance the Zoo, there is potential to raise. funds in Orange County,,new exhibits-:and rides are being planned, increase the concept of a Neotropic Zoo, develop a regional reputation and destination place for the Zoo. Marketing will also focus on cultural, arts, music and food festivals of South and Central America and Southern Mexico, development of a condor icon and marquee, ~: signage/banners and cross marketing opportunities with other cultural and entertainment improvements. On January 30, 2008 the SA Zoo will be hosting an all-day charette to brainstorm refinement of the Zoo Master Plan. Councilmember Sarmiento stated the Zoo is an asset and needs to be taken to another ,. ;. - _ _ IeveL City has other improvements;-such- as the' Boviver`S Museum' and Discovery Science Center that has improved their marketing and visibility. W~ need to partner with sponsors to install a marquee, improve visibility and parking. Councilmember Tnajero indicated we need to have the city focus on this jewel and provide improvements to re-energize`isibifity and`'marketing`for-the Zoo and to encourage other developments, such as`restaurarits around the Zoo. Councilmember Martinez indicated we should use the Zoo for more city, business, and community events. The Saddleback Hotel should be developed into a mixed use development that will enhance and support the Zoo`activities. Discussion ensued. RECOMMENDED ACTION: 1) Check with Community Development on what it will take to purchase the' Elks property. 2) Look into improvements on First Street -image, landscaping and signage: 3) Look into streef signage and banners. 4) Look into animal cut=outs on the First Street fence: 5): Idehtify funding or methods to`pave the dirt lot. 6) Look into a possible Zoo' gateway at Elk Lane (similar to Jurassic Park): 7) Look into partnership/sponsorship to install marquee: 3. SUMMER PROGRAM Staff presented a summary of the 2007 Summer Program: The Parks, Recreation and Community-Services Agency provided services fo over 38,082 youth this past summer, due to schools going back to a traditional`cycle: Programs included Summer Day Camp, Free Lunch and Snack Program, Catalina Island Campout Youth Sports,'Aquatics Program;' Leisure Classes; Project P.R.LD.E, McFadden Learning and Technology Center Program, Read and Create Program, Youth Commission, Independence Day Celebration, Madison Park/PE Bike Trail Adopt-A-Park, and Madison Walk-A-Thou and Faire. RECOMMENDED ACTION: Connect with Santa Ana College to use their pool and campus for summer programs. PREY Regular Meeting -MINUTES 1 ~ 8.2 January 9, 2008 4. WILLARD INTERMEDIATE SCHOOL JOINT-USE AGREEMENT Staff reported the idea of a joint-use agreement on Willard Intermediate School was reviewed with the SAUSD staff to see if the District was interested in partnering with the City to apply for funding under Proposition 84 State Grant Funds. Various improvements were suggested by the District and City staff. This item will be discussed at the next City/District Joint Committee agenda. Discussion ensued with the committee members. 5. GODINEZ HIGH SCHOOL MONUMENT AND MARQUEE LOCATION Staff reported the Santa Ana Unified School District is proposing the installation of a Marquee and Monument Sign for Godinez Fundamental High School at Centennial Park. This request was discussed at the Technical Advisory Committee and will be discussed at the City/District Joint Committee. A rendering and dimensions of the marquee and monument sign was presented to the PREY Committee. RECOMMENDED ACTION: 1) Provide information on the City Municipal Code related to Marquees. 2) Provide pictures of the existing site conditions where the marquee and sign is being proposed. 3) Provide pictures of other SAUSD marquees. 6. CESAR CHAVEZ CELEBRATION Staff reported that the Cesar Chavez Celebration will be held at Delhi Park on Saturday; March 22, 2008. A march will start at Cesar Chavez School and end at Delhi Park. Staff is currently discussing the program line-up. 7. PUBLIC COMMENTS -None at this time 8. COMMITTEE MEMBERS COMMENTS • Councilmember Martinez indicated she would be forming a committee to review the possibilities of doing a Veteran's Day Parade. She requested staff survey other cities if they have a Veteran's Day Parade. 9. STAFF COMMENTS - None at this time ADJOURNED: 6:55 p.m. RonlOno Ad inistrative Services Manager, PRCSA PREY Regular Meeting -MINUTES 1 ~ B~3 January 9, 2008 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting February 26, 2008 CALL TO ORDER The meeting was convened at 5:15 p.m. at the Santa Ana Police Department, 60 Civic Center Plaza, 4~' Floor Conference Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez and Sal Tinajero; Council member absent: David Benavides Staff present: City Manager Dave Ream, Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Fire Chief Marc Martin, Police Deputy Chiefs Tony Levatino and Tony Harrelson, Fire Captain Steve Snyder, Asst to the City Manager Mark Lawrence, Police Corporal Leo Rodriguez, Police Investigative Specialist Yolanda Pena, and Recording Secretary Janet Chop. Public present: Justin Reuter and Doug Irving. SUMMARY OF DISCUSSIONS 1. APPROVAL OF MINUTES Approved Minutes of the January 29, 2008 meeting. 2. FIREWORKS JULY 4, 2008 Moved and seconded, continued until the next Public Safety Committee meeting. 3. STUDY OF SAMC CHAPTER 11, DANCE ORDINANCE PIS Pena presented a review of Santa Ana's Ordinance as compared to similar cities in Orange County. She said the Police Department recommended no changes be made to the Ordinance at this time. The Committee had questions regarding specific locations. Justin Reuter of Proofs spoke regarding certain modifications that he felt needed to be made to the Ordinance regarding dancing. 4. 5 An email from David Hastie was received and filed. CSUF COMMUNITY ASSESSMENT PROJECT Moved and seconded, continued until the next Public Safety Committee meeting. 2007 CRIME RATE STATISTICS Moved and seconded, continued until the next Public Safety Committee meeting. 13B-4 ti 2 6. DOWNTOWN ISSUES Corporal Rodriguez of the Civic Center Patrol reviewed what the Civic Center Patrol is doing in the downtown area and civic center regarding how they are enforcing illegal behavior from transients in the area. 7. GRAFFITI ARREST UPDATES Dep. Chief Harrelson provided a review on the disposition of graffiti arrests on specific cases for the months of January, February and March 2007, which had been requested by the Committee. 8. FIRE DEPARTMENT ITEMS OF INTEREST Moved and seconded, continued to a future meeting. 9. STATE IMPACT ON POLICE AND FIRE DEPARTMENT RESOURCES Moved and seconded, continued to a future meeting. 10. POLICE AND FIRE DEPARTMENTS ASSESSMENT NEEDS, Moved and seconded, continued to a future meeting. 11. PUBLIC COMMENTS No further comments. 12. COMMITTEE MEMBER COMMENTS No Committee Member comments. 13. ITEMS FOR NEXT MEETING: A. Fireworks July 4, 2008 B. CSUF Community Assessment Project C. 2007 Crime Rate Statistics 14. NEXT MEETING DATE: Monday, March 24, 2008, 5:30 PM, Santa Ana Police Facility, 60 Civic Center Plaza, 4th floor conference room, Santa Ana, California. A OURNED: 5:45 PM PAUL M. WALTERS Chief of Police jc 13B-5 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting March 24, 2008 CALL TO ORDER The meeting was convened at 5:40 p.m. at the Santa Ana Police Department, 60 Civic Center Plaza, 4'h Floor Conference Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides and Sal Tinajero; Staff present: City Manager Dave Ream, Assistant City Attorney Paula Coleman, Police Chief Paul Walters, Fire Chief Marc Martin, Police Deputy Chief Tony Harrelson, Fire Marshal Lori Smith, and Recording Secretary Janet Chop. Public present: Ret. Captain George Saadeh, Drs. William Wood and Eileen Walsh, Laura Morfin, Iliana Welty-Soto, Kim McPeck, Julie Stroud, and Glen Stroud. SUMMARY OF DISCUSSIONS APPROVAL OF MINUTES Approved Minutes of the February 26, 2008 meeting. 2. FIREWORKS ORDINANCE REVIEW, PLANS FOR JULY 2008 Chief Martin stated that the Fire Department had reviewed the existing Ordinance and were comfortable that no changes need to be made at this time. The education and enforcement components of the plan will continue the same as in 2007. Committee Member Alvarez requested that representatives from Public Works and Parks, Recreation and Community Services attend the next Public Safety meeting to discuss the impact of fireworks on park maintenance and street maintenance. 3. CSUF COMMUNITY ASSESSMENT PROJECT Chief Walters introduced Retired Captain George Saadeh and Deputy Chief Tony Harrelson who presented a power point presentation regarding the CSUF Community Assessment Project. They introduced Drs. William Wood and Eileen Walsh of Cal State Fullerton University who provided the proposed comprehensive research assessment of the gang problem in the City and the areas that would be included in the assessment. Two members of the EPIC Commission, Laura Morfin and Iliana Welty-Soto, also spoke regarding the benefits of conducting the assessment. 13B-6 2 Committee members had questions of the CSUF research team and agreed that a study was needed but many questions need to be answered prior to entering into an agreement for the assessment project. They also suggested that we continue working with CSUF toward an August timeline. 4. 2007 CRIME RATE STATISTICS Due to time constraints, continued until the next Public Safety meeting. 5. TOP TEN PROBLEM LOCATIONS Due to time constraints, continued until the next Public Safety meeting. 6. PUBLIC COMMENTS Kim McPeck spoke regarding the time allowed to sell fireworks at the stands. Glen Stroud spoke regarding training of new Fire Department recruits. 7. COMMITTEE MEMBER COMMENTS No further comments.. 8. ITEMS FOR NEXT MEETING A. Fireworks, July 4th 2008 B. 2007 Crime Rate C. Top Ten Problem Locations 9. NEXT MEETING DATE: Tuesday, April 22, 2008, 5:30 PM, Santa Ana Police Facility, 60 Civic Center Plaza, 4th floor conference room, Santa Ana, California. ADJOURNED: 7:30 PM r 1. PAUL M. WALTERS Chief of Police ~c 13B-7 13B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 5, 2008 TITLE: BOARDS AND COMMISSIONS ATTENDANCE REPORT - OCTOBER, 2007 THROUGH MARCH, 2008 APPROVED ^ As Recommended ^ As Amended ^ Ordinance orr 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Receive and File Boards and Commissions Biannual Attendance Report for the period October, 2007 - March, 2008. 11T Gri7SSTF7N The Boards and Commissions Attendance Report is prepared biannually to keep the Council informed relative to member attendance at Board or Commission meetings. Pursuant to Council policy, the City Council may remove board or commission members who incur four unexcused absences within a six-month reporting period. Additionally, City Charter Section 901, which was amended by the voters in November, 2006, provides that two consecutive unexcused absences would result in the vacation of a board or commission position. Examination of the attendance report for the period October, 2007 - March, 2008 revealed that one member of the Early Prevention and Intervention Commission exceeded the number of allowable unexcused absences; this member has subsequently resigned her position on the commission. At this time, the only action required by the Council is to receive and file this report. FISCAL IMPACT There is no fiscal impact associated with this action. i Patricia E. 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OZ~ oD~ ~Z ~ ~~ i mN ~~D m ;~~ sOD A °o~D ~ 0 ~ ^^ ,I c Z n r 13C-17 Z ~ ~ v w o m nri o ~ ~ o ~ rn ~ m ~ ~ ~ ~ ~ ' ~ ~ ~ o ~ 3 m Fv c ~ N v ~ m g X c rv ¢ ~ Rat O (~ ~ O 0 ~ N = ~ ~ ~ O ~ ~ m ~ G7 ~ ~ ~ v 3 ~ ~, z ~ m crc ~ ~ ~ ° ~ ~' ° ~ ~~ v ~ ~ ~ m m 3 s' ~ m v ~ ~ o 3 3 0 ~. n ~ ~ m "'~ cc O v ~ ~ ~ ~~ a~ X X m rn ~ X X m m X X ~ ~ 3z ~ O ~ ~ m ~ 3 ~ W ~ ~ ~ ~ N ~ ~ 3 ~m ~ ~ m ~ m 3 z 0 v o ~ ~ ~ ~ ~ N X m X m X X X m X X X X ~ 3 ~ ~ ~ ~ ~ g ~ C 't1 o 'T1 e rt N ~ ~ y ~ ~ ~ ~ 7 ^ (fl 7 (Q ~ y ~ 3 m 3 = W ~ ~ C n v Z i o G7 D ~ N m m X X X X m X X m X X ~ ~ 3 '°. 3 ~a ~~ v~ ~' _ N 13C-18 D m z v a Z n m m x D a e~ a m m x c N e~ a D a N <D C) ~D c c e~ x c N <D a y 7 n b Oo 0 ~ a ~ ~ m z z v ~ a N z n rn X D e~ a a m rn x n c H a D N <D n ~D C C co x N ~D C. N ~D 7 C9 ~D N v ~ ~ ~ ~ o ~ _~ O ~ ~ m ~ 3 ~ ~ ~ ~ . v~ ~ = ~' ~ ~ ~ v - (~ Q fV ~ W ~ N fn ~ ~ v ~ ~ ~ ~ ~ m ~ ~ ~ z O 3 O ~ - - - m - i m O v ~ ~ ~ ~ ~ ~ N m x X ~ m ~ x ~ x x ~ ~Z ~ O ~ ~ ~ ~m ~ 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ v 3 m ° , ~ ~ ~ m ~ rn ~ W ~ ~ ~ Z ~ N ~ X m m ~ X X m ~ m X ~ 3 ~ ~ ~ C ~ ~ O~ ~ ~ ~ ~ ~ ~ ~ y ~ ~ z 3 o m ~ ~ m ~ ~ i ~ va ~ ~ ~ ~~ N X m X X X X X X X X A 3 ~D ~ ~' ~ " ~ ~ v v ~~ 3~ °*_ ~ ~ N 13C-19 D m v m v n v c m c ro aca 0 '-n 13C-20 ~~ ro 0 -~ N 0 n 0 c m n D m z v D z n m m x u a a m a m m x ~. D c x C N lD a D a c~ <D ~ m n ~ n~ ~ ~ n o c ~• ,-~ m cn O' ~• ~ v ~ CD v ~ W C7 v ~ ~ ~ < o ~ ~ v ~ ~ _ ~ D v ~• ~. `~ ~ ~ ~• ~ ~ m v m ~ ~ v ~ r ~ ~ o ~ ~o `~ ~ m x x x x m x ~ ~ ~ ~o vW ~, m ~ ~ o V N s 3 z o O x m x x x x x ~ ~ o ~~ v o0 o N~ N ~ v ~~ x x m c x x x ~ ~ ~~ v o0 m o N Z1 ~ ~ D ,.. z ~ ~ ~ ~ ~ ~ ~ ~ ~ to ca C vD o ~~ ~ N N ~ m mm ~W m x m ~ x x x ~ ~ N ~~ vn ~ ~ y w ~ c~ c~ ~ m x m ~ x m x x x ~~ °_ o ~ 00 O a v n O 3 O z z D 3 m 0 0 W D Z D r D _~ ~Zn oD~ ~Z ~~0 i mN ~~z ~~D °o~D ~ 0 _n n 0 C Z n r 13C-21 C1 O m z N 0 M N 0 m v 3 m 2 m v a 0 v r ~' C~ 13C-22 MEMORANDUM ~~ : City Council Meeting Date: May 5, 2008 Cathy Standiford To• Assista~it City Manager From: l ~ ~~ Dates pit 21, 2008 Jarr,G. Ross, Executive Director Subject: otif' ation that City Engineer is Reviewing Final Parcel Map No. 2006-101 for A oval Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2006-101 (City Parcel Map No. 2007-01), for 1501 - 1609 East McFadden Avenue (Exhibit I), from the owner, MDC Las Palmas, LLC., and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2007-01 was approved by the City Council on June 4, 2007. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of May 5, 2008. cc: Mayor and City Council City Manager Deputy City Manager for Development Services Clerk of the Council T:\Development Services\SubdivisionVulemos\FinalParcelMap2006-101 Review Nolice_5_05_08 IL.doc 17A-1 ~-_ I I \ ~` I ` I ~ I W z I W a 0 I z a V I ~ I W _ 1 ~ z a a I ~ CHESTNUT AVENUE --~- - EXHIBIT 1 I F- W W I to z I o J 1 ~ I I I I1 . 1 _ W W ~~ I N I~ J SANTA MIA Title: City Council PARCEL MAP N0. 2006-101 P W A A9endo Dote: Moy 5, Zoos 1501-1609 EAST McFADDEN AVENUE -~- i i i i= 17A-2 - ~~,- McFADDEN AVENUE :: E: i ``~ ~ ~;~ ° . { f, MEMORANDUM City Council Meeting Date: May 5, 2008 .~ytr~ Cathy Standif rd To: Assistant Ci Managef~ ~---, r" J es G,~~`Ross, Executive Director From: ublic Works Agencv Date: April 21, 2008 Subject:;` Notification that City Engineer is Reviewing Final Parcel Map No. 2007-179 for royal Pursuant to Section 34-183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2007-179 (City Parcel Map No. 2007-07), for 2830 - 2880 South Fairview Street (Exhibit I), from the owner, Fairview Realty Fund, L.P., and is in the process of reviewing the map for final approval. The Tentative Parcel Map No. 2007-07 was approved by the City Council on February 4, 2008. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of May 5, 2008. cc: Mayor and City Council City Manager Deputy City Manager for Development Services Clerk of the Council T:\lkvelopment ServiceslSubdivisionlMemos\FinalParcelMap2007-179Review Notice 5 OS OB IL.doc 17B-1 6 WARNER AVENUE W I N ~ N I I I I SEGERSTROM AVENUE EXHIBIT 1 SANTA ANA PWA ns,e .aMS koc. City Council Agendo Date: May 5, 2008 Title: PARCEL MAP N0. 2007-179 2830-2880 SOUTH FAIR VIEW STREET W W H N 3 w Q 17B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CI MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"`i Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C-1 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Michael Ernandes, Personnel Operations Manager Personnel Services Department Date: Apri18, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached listings, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. ~-~ .~ 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment EE Separated Mar FORMS forms** 2003 and prior (OFFICIAL) Flexible Enrollment forms for flexible spending EE Separated Mar Spending, program** 2003 and prior Section 125 Life Insurance Employee life insurance enrollment forms** EE Separated Mar 2003 and rior Long-Term Employee Long-Term Disability Insurance EE Separated Mar Disability enrollment forms** 2003 and prior Insurance Medical Employee medical insurance enrollment EE Separated Mar Insurance forms** 2003 and prior EQUAL Employment and Personnel and employment records, EE Separated Mar EMPLOYMENT personnel including application forms*, records 2003 and prior OPPORTUNITY records pertaining to promotions*, layoffs*, COMMISSION terminations*, salaries* and training* (EEOC) Involuntary Personnel records of terminated employee* EE Separated Mar termination 2003 and prior OFFICIAL Certification/ Request for Certification and/or EE Separated Mar PERSONNEL Reassignment reassignment forms which document and 2003 and prior FILES Forms authorize hiring, reassignment, or other employee actions* Certificates of Certificates issued to EE which show EE Separated Mar Training completion date of training class(es).* 2003 and prior Commendation Letters of commendation and/or other EE Separated Mar Letters congratulatory documents received by and/or 2003 and prior issued to EE.* Disciplinary Memorandums, letters, or other records of EE Separated Mar Actions proposed and/or implemented disciplinary 2003 and prior action(s)* Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Mar Medical regarding employee's medical condition.** 2003 and prior Releases Drug Screen Pre-placement and drug screening EE Separated Mar Test authorization and acknowledgement form(s) 2003 and prior and results of drug screening.** 19C-3 PERSONNEL SERVICES DEPARTMEN T RECORD RECORD RECORD _ RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class EE Separated Mar PERSONNEL Medical Leave title, pay rate, hours worked per pay period; 2003 and prior FILES (FML) additions to or deductions from wages). Dates (or hours) FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications.'`* Job Application Applications for employment and resumes (if EE Separated Mar any) for hired employees.* 2003 and prior Medical Leave of Leave of Absence forms used in the EE Separated Mar Absences** documentation of medical leave (including 2003 and prior pregnancy leave and Family and Medical Leave).*" Miscellaneous Documents not specifically mentioned but EE Separated Mar Documents kept in official personnel file.*** 2003 and prior Notice of Form completed by employee and/or EE Separated Mar Separation department indicating effective date of 2003 and prior separation, last day on the job, reason for separation, etc.* Oath of Office Form completed and signed by employee EE Separated Mar affirming allegiance to the Constitution of the 2003 and prior United States and the Constitution of the State of California.* Outside Form submitted by employee for approval for EE Separated Mar Employment employee to be engaged in outside 2003 and prior employment.* Performance Employee performance evaluation forms EE Separated Mar Evaluations completed by supervisory personnel re 2003 and prior employees' accomplishment of their assigned duties and responsibilities, etc.* PERS Forms to enroll employees in the Public EE Separated Mar Enrollment Employees' Retirement System (PERS)** 2003 and prior Pre-Employment Forms completed by employee and medical EE Separated Mar Medical clinic to assess physical capability of 2003 and prior employee prior to hiring.** Security Check Form completed by Personnel Svcs to EE Separated Mar Form request Police Dept to conduct security 2003 and prior check on employee prior to hiring.* Special Licenses Special licenses issued to employees from EE Separated Mar DMV, accredited schools, etc., verifying 2003 and prior employee meets certain job•related requirements.* Tuition Copies of applications for training and EE Separated Mar Reimbursement educational assistance which show EE 2003 and prior Request request, department head approval, and final disposition of request.* 19C-4 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Union Bank Form signed by employee authorizing leave EE Separated Mar PERSONNEL Donation Form hours be donated to the Union Business 2003 and prior FILES Leave Bank to be used by union leaders for Union Business.* W-4 form Employee's Withholding Allowance EE Separated Mar Certificate completed by EE authorizing 2003 and prior employer to withhold Federal income tax from employee's pay and/or for indicating exemption.** Please see attached spreadsheet, dated April 8, 2008, listing personnel files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged *** If non-medical records, will be purged; if medical records, will be digitally imaged. PREPARED BY: CONSENT BY: Susan Wathen for Date Michael S. Ernandes, Personnel Operations Manager ~~ ~~ ~ Enriq J. at Exec a it ctor Personnel ervices Department RECORDS DESTROYED: Number of Boxes APPROVED BY: '' '~~oseph FI cher --- Date City Attorney 19C-5 bn "O N U C O .~ U +~+ Q -v O U 0 ..O 00 O O d 0 G U ~' Q o ~ N U ~' N •~ . ~ ~ N ~ z, ~ C C C C C ~ ~ G ~ •+=~ C G O O O O O O O O ~ O O ~ ~ ~ ~ d ~ a ' a ~ ~ ;~ s o • y ~ ~ ~ ~ C bA C bA ~ by ~ by ~ bA C bq C bA _ ~ C bA ~+ ~ V C bQ C bA c~ cC ~n •~n •in ~ ~ •~ •~ •~ ~ .'~ '~ ~ ~ 9 'ti •~ ~ Q ~ ~ ~ a z ~ ~ ~ ~ a ~ a a ~ ~ ~ r r ~ ~ M M M M M M M M M M M M M M M M M • O O O O O O O O O O O O O O O O O ~+ N ~ ~ vl ~ ~--~ ~ l~ ~ d' ~ O ~ ~O ~ o0 ~ 00 ~ ~ ~ V ~ V ~ O ~ ~O ~ ~ --~ ~ O ~ N Q O M ~ N N O N N N ~--~ N M M N N ~ M M M M M M M M M M M M M M M M M ~ O O O O O O O O O O O O O O O O O C/I U E~ H ~ E~ H F- F-~ F-' F-' H E-{ E-+ E-' E-' E~ F-' F-~ E-~ H F-' wa,a w a a a a a a w a w a, w a w w a a ~ ~ V ~T~ U ai O ~ fn N ~ ~ 0. y, ~ ~ O ~ , ,~ U U i"' O ~ . ~ Q N ~ ~ ~ ~ ~ ~ ' Q ~ , ~ ~ ~ v~ rn N O 'C3 -C3 ~ O •~ N ~ ~ r-+ •~ U ~ ~ ~ Cr ~ O ~ C7 ~ ~ C7 ~ C U ~ ~ ~ o ' > W ~ ~ ~ ' ~ U ~ ~ a Q V] ~ ~ ~' ~ cC bA O , ~ ~ • ~ y s. s. O cC y bA p ~ ~ ~ ~ ~ ~ ~ ^) •~ •~ U v V bA N ~ ~ bq O O U U a ¢ U a U a° v~ va a° ~ a° a ~, U U a p ~ M ~ ~ \D O V1 O~ l~ ~ "~ N N ~ N ~ ~ N oo ~ .--i N ~ O ~ M ~ O, ~ ~--~ M M ~--~ M M N M „~ z 0 0 0 0 ~ 0 0 0 0 ~ 0 0 ~ 0 ~ ~ 0 w 0 0 N M ~ .L: ~ Q-i Q ~ ~ ~ O ~ ~ ~ Q Z O ~ ~ ~ _ bA ~ ~ ~ t, ~ ~ s. O, - D N ~ ~ ~ ~ . . ~ ~ . bq ~ w ti ti c~ aa w w ~ d a ~ v~ U v~ a r~ ° x d -o a~ ~ ~ O ~ ~ O N ~ ~ ~ N ~ ~ ~ +~-+ ~ ti ~ '_' ~ cC -~ N ~ ~ rn '~ z N ~ ~ ~ ~ ~"~ ~ Q Q Q Q U U U F--I W V ~ ~ ~ ~ ~ F~ r7 19C-6 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT 2006 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES _ DESCRIPTION DATES RECRUITMENTS Background Materials used in the preparation/ Mar 2005 and prior Materials implementation of recruitments.** Bilingual Forms certifying bilingual capabilitiesfer Mar 2005 and prior Certification for Forms applicants for recruitments which require bilingual capabiliity.'` Ethnicity Stubs From employment applications submitted at Mar 2005 and prior recruitment time, are kept for outreach purposes.* Examination Examination answer sheets completed by Mar 2005 and prior Answer Sheets applicants during testing process and other testing materials.* Official Eligible Eligible lists signed by City Manager. Lists of Mar 2005 and prior Lists individuals placed on an eligible list card for hiring purposes (copies only -original signed eligible lists are with recruitment file folder (according to classification title)).** See attached spreadsheet, dated April 8, 2008, with recruitment files to be purged/digitally imaged. * Will be purged ** Will be digitally imaged PREPARED BY: ~ ~~ ~~. Susan Wathen for ate Michael S. Ernandes Personnel Operations Manager RECORDS DESTROYED: Number of Boxes CONSENT BY: `~ ~~~~ nri 'A a /D e Exe~ ti ~ D~rector Personnel Services Department APPROVED BY: ' `~, 1 Jos' ph Fletcher ~ Date City Attorney i 19C-7 m C J O O N U C O U L O N L O U O O O O O O O N O ~L Q O c a~ E U N Q a~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ o o o o w ao o c0 ~ ~ .- ~ ~ o ~ ~ w M M M M ~ O O O O ~ ~ J L(') lf) In In ~ O O OO O O O ~ N M ~ ~ '~ D O U N T- N N N ~ OO N O O O O ~ ~ ~ ~ ~ ~ O O O O O . .~ (Q to ~ 00 ~ O D O ~ ~ ~- ~ N ~ ~ ~ ~ O O O O N U C cv C LL. O m cv C (U O N N ~ ~~ Z` ~ r M ~ 'N O (n ~ O -Q ~ O O U ,( ~l L O Q ~ ~ l ^ ~ C ~. N Q U ~ ~ O ~ ~ ~ n o ~ v Y Q . ~ ~ U X O ~ U Q Q W N m ~ c a~ ~ w ~ ~ ~ ~ ~ m ~~ 0 0 0 0 O ~ ~ M ~ N C4 I- m Z ~ co ~n to 19C-8 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Assistant to the City Manager Date: Apri116, 2008 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. 19C-9 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2008 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence Apr. 1, 2006 and prior Correspondence/ Apr. 1, 2006 Chronological Files Councilmember Self-explanatory and prior Council Requests Mayor Inquiries processed for Mayor Apr. 1, 2006 and prior Wards 1 through 6 Inquiries processed for Councilmembers Apr. 1, 2006 and prior Correspondence General Correspondence Self-explanatory Apr. 1, 2006 and prior Staff Inquiries processed for Staff Apr. 1, 2006 and prior Monthly Status City Manager Self-explanatory Apr. 1, 2006 Reports and prior Payroll Records Council/Staff Self-explanatory Apr. 1, 2006 and prior APPROVE-, i? ~~----- o c /S~/ David N. Ream Date City Manager RECORDS DESTROYED: CONSENT: ~]oseph W ~ tcher Date City Attorn~i AUDITED BY: Volume Weight Mark Lawrence Date in Cubic Feet in Pounds Assistant to the City Manager 19C-10 MEMORANDUM To: From: Subject: Laura Sheedy, Asst. City Attorney Lori Smith. Admin. Chief /Fire Marshal Date: April 1, 2008 REQUEST FOR DESTRUCTION OF RECORDS The Santa Ana Fire Department requests your consent to destroy City records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you. ~' a=l' :~~~ ~~~_~~ Lori Smith for V:\SupportStafflRecords Retention\2008\033108RecordsDestructionMemo.doc 19C-11 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FIRE DEPARTMENT 2008 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RECORD DATES Operations Incident Reports Dispatch Logs January 1, 2004 through December 31, 2004 FPPC Statements of FPPC Filings January 1, 1998 Economic Interest through - GC Sec 87200 December 31, 1998 Filers APPROVE: David N. Ream City Manager Date CONSENT: i ,:. Joseph W. Fletchey-- Date City Attorney RECORDS DESTROYED: AUDITED BY: Number ~.,~ of Boxes 7 ~ 1 : ~~ ; ~ Lori Smith Date Administrative Chief /Fire Marshal V:\SupportStafflRecords Retention\2008\033108RecordsDestructionMemo.doc 19C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2008 CITY MANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1'` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. These requirements, which became effective on January 1, 1996, mandate that a statement outlining the ability of both the City and the Redevelopment Agency to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. The legislation dictates that this quarterly report contain the following seven major elements: - Type of investments; - Date of maturity; - Par and dollar amounts invested in each security; - Weighted average maturity of the investments; - Source of the market value information; and - Any funds, investments or programs, including loans, under the management of contracted parties. The Finance and Management Services Executive Director has historically prepared a monthly report of investments. This office will continue to provide this information monthly; however, a quarterly report of investments will be presented at a regular council meeting. In compliance with State law and the City's Investment Policy, the attached report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City and Redevelopment Agency as of March 31, 2008. 19D-1 QUARTERLY REPORT OF INVESTMENTS Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance & Management Services Agency 19D-2 CITY OF SANTA ANA TREASURER'S REPORT as of March 31, 2008 EXHIBIT 1 19D-3 ~+ Q ~ ~ o t4 N ~ N M O O •0 V •O ~ CC~ O L v oa a U F~ } r ~_ 0 A EI F O e O a O 7 m°R ~ N 7 cO0 ~ I N O h W M N O) ~ N M N O V N M 7~ M O~ O I i0 ~ ~ ~ ~ ~ M 1000 M 0 r r C7 ~ ~ OOi 0 O 10 N O O N N ~ O r O D1 ~ N O N M O f~ ~ In ~ (p O (h N V ~ c~+7 ~ O N O f~ (O n r O C1 1~ R V N ~ O 1~ 01 h aD O N t0 O) n (D d: 01 W c0 N I~ Vn I~ R O) (D ~ O M ~ I N N O ~ V7 OD O ao M rn O 4'1 N n <O O M V~ 0 rn M Y 7 0 n O M ~ ~ O fh O V O ~ 01 O O f 0 ~ a D N N O N ~ ! ~ N ~ ~ O ~ m ~ ~ a 0 O O 0 W 00 ~ n N 00 t0 O) f 0 n 'Q m n O o M Ni a N N C > o r> 0 0 v o ~"~ ° ~ ° O O O O O ! O _ u7 ~ ~ O N O ~ CA ~ C o v ° ° ° ~ n W o c o o . n rn ~ i o t 0 M N1 M i I ~ i N C d Vl 0) c N N N ~ y 'NO O .C 7 C U U V ~i ¢ ~ cn C C ~ C 0) N C p ~ O O N O ~ ^ a aNi d ~ > ~ m U ^ C ~ p~ T ~ r C 0 T a Q 0) N U N Q Q Q E ~ m m H r ~ E n ~ ~ j U ~ U ~ ii ~i C N O d E ~ y {Vp 0) U = c d ~ 'S. C O c l0 U y y 3 ~ N a c N m ~~~=4 w D C .` l0 W ~a H _ N O a O ~..) ry ui ~ E O U t O O `° ar _ L y o a O O O ~ E ~ l ~ O C O d t L ~ m a w ~ c i C U '~ ~ a> c ~ E a N Q ~ ~ a 1 N C N C 0) U 0) Q 0) O O N a > N - ~ ~ v .. ~ ~ U 0) .~. 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O L d a E ~ N fA d C O H N d d l0 U a N d N w °o ~ c °m rn ~ ~ V ~ Q Q Y ~' C R l0 O N C ~ 3 p } qJ ~~_ ~ y ~ F a c~ ~~ ~O R N S M ~ ~ M C r d ~ 7 U d 7 l6 d Y 10 d 7 A a H F- y ? °: p ~ ao L ~ ' W ~ ~ Y _ ~ N G W+N+M m ~ d V ~ ~ l0 U d ~ W > ~_ C ~ a~ - `~ m = t O Q a (~ d N u at E N C a N U d N R d J a M 0 0 N d !0 c Q :° c so ui 7 N N C a E O U .. 7 L H w N Z m ci m y 7 H r I r r 0 0 0 O O O_ o C o c0 OI Of O O O O O O O O_ O ao m ao rn m w O A Of (O ~O t0 O O O O rn O W W f0 m o rn N ~ d O Q r= y o ~ rv O 7 N N 7 a Z fn R H O W LL N d 3 N o C ~ 7 O u Q m R ~ o N ~ c ~ O ~ ~ O O1 01 t0 rn m d Q c N C d E N d c '~ 0 H 19D-14 Q N lHL o tO ~ .~ ~ a o E ~ ~ ~ O O LLI K a O REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONSOLIDATED PLAN ANNUAL UPDATE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1$` Reading ^ Ordinance on 2`"' Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve the Consolidated Plan Annual Update and authorize the submittal to the U.S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its Regular Meeting of April 15, 2008, the Community Redevelopment and Housing Commission recommended that the City Council approve the Consolidated Plan Annual Update with Commission input and authorize the submittal to the U.S. Department of Housing and Urban Development by a vote of 5-0 (Reyna absent). DISCUSSION Each year the City of Santa Ana receives funding from various formula grant allocation programs administered by the U.S. Department of Housing and Urban Development (HUD). These funds provide for affordable and supportive housing, community development programs, social services and economic opportunities. The programs include the Community Development Block Grant (CDGB), the HOME Investment Partnership Grant (HOME), the Emergency Shelter Grant (ESG), and the Housing Opportunities for Persons with AIDS (HOPWA) Grant. Since Santa Ana is the most populous city in the County, Housing Opportunities for Persons With AIDS (HOPWA) funds are provided to the City for use throughout the County to address housing and supportive services for persons with HIV/AIDS. The City also receives a separate allocation of HOME funds through the American Dream Down Payment Initiative (ADDI) for first time homebuyer activities. The City's allocations for the 2008-09 fiscal year are as follows: 19E-1 Consolidated Plan Annual Update May 5, 2008 Page 2 Program Allocation Program Allocation CDBG $6,818,885 ESG $304,972 HOME $2,367,607 HOPWA $1,402,000 ADDI $12,648 Every five years the City must submit to HUD its Consolidated Plan. This is a five-year comprehensive planning document and application for all of these programs. It describes a strategy to meet the needs of the community and identifies resources and programs that can be used to address them. Each year the City is required to submit an Annual Update to the Consolidated Plan. This document establishes a one-year investment plan that outlines the intended use of resources in the forthcoming fiscal year. The proposed Annual Update (Exhibit 1) covers the 2008-09 fiscal year. It reaffirms the established policy of allocating funding in neighborhoods where programs and resources would have a maximum impact. In addition, key programs will continue to be operated throughout the City in order to better serve the diverse needs in the community. HUD regulations require that the draft Annual Update be made available for a 30-day public review and comment period. On March 14, 2008, notification was published in the Orange County Register that the draft plan was available for review beginning March 15, 2008, and that the public hearing would be held on April 15, 2008. It was also noticed in the La Opinion and the Nguoi Viet as well as on the City's website. The 30-day public comment period concludes on April 14, 2008. In accordance with Federal regulations, all neighboring jurisdictions were also informed of the draft's availability for review. All comments received, including all funding recommendations made by the City Council on May 5, 2008, have been included in the final document, which is due to HUD no later than May 15, 2008. FISCAL IMPACT There is no fiscal impact associated with this action. ~~~ Step en G. Ha ding Deputy City Manager for Development Services Community Development Agency SGH/SLB/TG/mlr 050508 ConPlanAnnualUpdate 19E-2 Consolidated Plan July 1, 2008 -June 30, 2009 Prepared by City of Santa Ana Community Development Aaencv EXHIBIT 1 19E-3 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN TABLE OF CONTENTS I. Executive Summary ..............................................................................................3 II. Standard Forms 424 ...........................................................................................13 III. Resources ...........................................................................................................17 IV. Activities to be Undertaken ..................................................................................20 V. Geographic Distribution .......................................................................................21 VI. Homeless and Other Special Needs ...................................................................22 VII. Other Required Actions .......................................................................................26 VIII. Program Specific Requirements ..........................................................................33 IX. Monitoring ...........................................................................................38 X. Certifications .......................................................................................................41 Maps Map No. 1: Low- and Moderate-Income Areas ..............................................................50 Map No. 2: 2008-2009 Planned Activities ......................................................................51 Exhibits Exhibit 1: Proof of Publication & Summary of Public Comments ................................... 52 Attachments Attachment 1 -Summary of 5-Year Accomplishments Attachment 2 -Potential Resources for 2008-2009 Attachment 3 -Listing of Proposed Projects 2008-2009 1 4/16/08 19E-4 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN INTENTIONALLY BLANK 4!16/08 19E-5 C1TY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN I. EXECUTIVE SUMMARY The 2008-2009 Action Plan provides specific information regarding the resources the City of Santa Ana will utilize and the activities the City will undertake to address priority needs and objectives during a 12-month period. The Action Plan will serve as the link between the objectives developed to address priority housing and community needs identified in the City's 2005-2009 Consolidated Plan with certain federal resources allocated to the City by the U.S. Department of Housing and Urban Development (HUD). The specific timeframe for the 2008-2009 Action Plan begins July 1, 2008, and ends June 30, 2009. This timeframe is referred to as a Fiscal Year (FY) or Program Year (PY). The 2008-2009 Action Plan consists of several required components: ^ Standard Form 424 -These forms serve as the City's formal application to HUD for grant funds for the 2008-2009 PY. ^ Resources -Federal, non-federal and private funds expected to be available to address priority needs and specific objectives identified in the Consolidated Plan. This estimate includes program income for all federal grant funds. The Annual Plan also provides information regarding leveraging of non-federal and private resources with federal grant funds, and how the matching requirements of HUD programs will be met. ^ Description of Activities to be Undertaken -This information is provided in a format prescribed by HUD, including a short description of the activity, the location of the activity, and the target beneficiary population. 3 4/16!08 19E-6 19E-7 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN ^ Geographic Distribution - A description of the geographic distribution of federal grant funds, including information regarding the distribution of federally funded assistance in areas of racial/ethnic minority concentration. ^ Homeless and other Special Needs - An outline specifying the activities that will be undertaken during the Program Year to address the needs of the City's households at risk of homelessness, those that are situational homeless, chronic homeless, and persons that are not homeless, but have special needs. ^ Other Actions -HUD requires that the City evaluate how strategies outlined in the Consolidated Plan will be addressed during the PY including strategies to: ^ Address obstacles to meeting underserved needs ^ Foster and maintain affordable housing ^ Remove barriers to affordable housing ^ Evaluate and reduce lead-based paint hazards ^ Reduce the number of poverty level families ^ Develop institutional structure ^ Enhance coordination between public/private housing and service agencies ^ Foster assisted housing improvements and resident initiatives Additionally, the City of Santa Ana will address the impediments to fair housing choice prevalent in the region and outline an action plan to overcome these impediments in partnership with the Fair Housing Council of Orange County. ^ Program Specific Requirements -There are certain program requirements that must be included in the Action Plan for each federal grant program. ^ Monitoring - A description of the standards and procedures that the City will use to monitor activities carried out in furtherance of the plan and ensure proper use of federal funds. 4/16/08 4 19E-8 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN Certifications -HUD requires the City to submit various certifications related to the implementation of federal grant programs. These are standard certifications provided by HUD. In recent years HUD has implemented several revisions to Consolidated Plan/Action Plan regulations. To comply with these requirements, the City will be updating its inventory of homeless housing to identify the beds that are available for HUD- defined chronically homeless. Additionally, the City's Planning and Building Agency, Community Preservation Division will maintain an inventory of abandoned and vacant properties. An additional HUD requirement is implementation of an outcomes measurement management system. The City of Santa Ana took extensive measures to incorporate such a system in its 2005-2009 Consolidated Plan and to implement the system during the past three years. The City's outcome measurement system was devised to mirror HUD's outcome measurement system as best as possible. The City has incorporated outcome measurement requirements with all subgrantees and grantee-funded activities, and has utilized HUD's Consolidated Plan Management Program (CPMP) tool for preparation of the 2008- 2009 Action Plan. An additional requirement is the inclusion of an executive summary that not only summarizes how the City will utilize HUD funds for 2008-2009, but also reviews prior year accomplishments. As part of the Consolidated Plan, HUD and the City have developed several tables that can be utilized to track and report accomplishments (see the table below and Attachment 1). At the completion of the 2007-2008 Program Year, these tables will be updated. Similarly, at the end of subsequent program years annual accomplishments will be added. 5 4/16/08 19E-9 2 a z O F= v Q Q ~ Q 2 ~ O ~ O ON ~Oo U cr U N U W J m Q H z O H N Z 2 H W W z O Q Z H Z U m N Q N W J m Q H otS H W W Z O Q i Z I F iz O ~U 1 m :~ .~ e Q :~ 1 J 1 Q F- 0 0 I o i o o 0 0 o i ~~~ o C1 o N ? . . c~ d d O 00 C:. ~C. C\, ~ ~ . N 7 `G ~!1 M ~n x ~ .-a N ~ ~ ~ ~ .. ~p ~ Q` 'r' ~ N .--, ~ N ~ ~ 00 oo O D` ~ ~ N ~ h ~ O ~ ~ O N O v i C N~ ~ N I O I O C' [ ~ ' : bq ~ r" y n o4 `~' ^ O CO C ~, O O O O O O . C v: .a d rn d • N ~ ~ t` N N l~ N ~ Vl .0. z' ~ J x Z ~ .-• ~ Z i O p C O O > > ° ~;~ 3 ~ N WJ c CL C O u M ~ ~ ;'!. O y . > . o o ~ .= ~ Y ~ C ,~ sr. ~ ._- y Q ~ 0. 7~ Y r ,n ~ r 5 ;n ~' ~ 4. v y ~ O ~ ~ w y O v, ~ v i °~ N i, ,~ ~ ~ n E o ~ ti a • v ~ . _ ~,_~ ~ ~, .t •o o~ o N o ~ ~> ~ ' ~ ~ c ~ N ~ . v p~~ o cn .n•~ y on ~'~ v .~ .nom c, • ~ ~~. 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U l4 O C T ~ C f0 ~ O ~ " L O c C .) U ~ •- N A N N L 3 N =O f0 (n ~ C ~ 7 = N ~ O C ~ ~=i6 O ~ _~ s O N ~ !Z' l0 O w 1y O)O~Q td o a~ U ~ f0 ~ a~ .' ~s N d O. ~ fC .U ~A .L... ~ N «~ N a m c ~ U 6 C_ . .C N C ~ ti oa n a~ =a)ci~W ~) vi4 O pL, q p U '~ N N ~` Q N N N y y ~ N N E C C U~ O O C N U C U ~ ~ N ~ C C O O ~p >, n o' ~ o O)m m c ~~°cooo -o p N ~ O) O):- N U L O O~ N d L a~L7 U j tC >_ww ~ N ~ ~ C C N O 6 c o m ow. ?n-~cco <° ~ N ~p ~ U [L ~~' caa d ~ c ~ ~ ~~~ U ~ ~ ~~a E ~ ~ iUaom~on~~o Qcc>>'m 3~ O O N C c~UU ~ n~ ) N LL ~ ~ Q w, X ~ L L 0 7 0 )W2H1-FEU N (`~ '~! ~O CO 19E-13 i ? M M M F: = J ~ p cn w ~' ~. ~ N N N .; O ~ ~ a ti m` '+7 v fit; _ _ _ ~ ~ ~ ~ ~ W Ci ~ I G1 a Q V () ~~ c c ~ w ~ i ~ Ql (1 ~ c a - > O _- J v m E .. .n o c ~ ~, u i ^~ (n l!J 0 V Cn CITY OF SANTA ANA ZOOS-2009 ANNUAL ACTION PLAN Summary of 2008-2009 Action Plan The City of Santa Ana is a recipient of five significant HUD entitlement grants; these grants and the amount the City anticipates it will receive are listed below: ANTICIPATED HUD GRANTS FOR 2008-2009 s ~ ~ Community Development Block Grant (CDBG) $6,818,885 HOME Investment Partnership Program (HOME) $2,367,607 American Dream Downpayment Initiative (ADDI) $12,648 Emergency Shelter Grant (ESG) $304,972 Housing Opportunities for Persons With AIDS (HOPWA) $1,402,000 TOTAL $10,906,112 In addition to entitlement funds, there may be program income and prior year unexpended funds that may be added to the amounts listed above to carry out eligible activities. A summary of activities planned for implementation during the 2008-2009 Fiscal Year is found below. These activities include the following: PLANNED USE OF 2008-2009 HUD FUNDS ~ • - Public Facility Improvement -Neighborhood S onsored Pro'ects CDBG $50,000 Code Enforcement -Enforcement of housing & munici al buildin codes CDBG $1,699,668 Public Services -Senior, youth, disabled & other related ro rams CDBG $1,022,832 CDBG Administration & Planning -Program oversight, fair housing counseling & general plan CDBG $872,280 amendments Housing Rehabilitation -Single-& Multi-Family Housin Rehab CDBG $230,000 Neighborhood Park Improvements CDBG $444,105 Neighborhood Street Improvements CDBG $2,500,000 Homelessness Prevention ESG $23,725 4/16/08 1 ~ 19E-14 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN Homeless Essential Services ~ • ESG $89,244 Homeless Facilities Operations ESG $187,756 ESG Administration -Program oversight ESG $7,247 HOME Administration -Program oversight HOME $236,760 CHDO Multifamily Acquisition/Rehabilitation HOME $355,142 Multifamily Acquisition/Rehabilitation HOME $1,325,705 Single Family Rehabilitation HOME $450,000 Down payment Assistance ADDI $12,648 HOPWA Administration -Program oversight' HOPWA $42,060 Support Services -Supportive services & housing for duall dia nosed ersons with HIV/AIDS' HOPWA $824,650 Tenant Based Rental Assistance -Rental assistance for ersons with HIV/AIDS' HOPWA $425,000 Housing Acquisition/Development'~z 1 R~nf~ Any rcne~ ...a ..w.... HOPWA $110,290 _-._ __......._._.........., . ,,.,,,,~ ,,,, „~„a„ ~, l,~C Crewe orange county region. 2. New housing development OS-09 allocation will be combined with 07-08 funds ($105,000) for project in 08-09. CDBG-funded activities will be available to income-eligible households, i.e., households with an income equal to or less than 80% of the County median income or in areas of the City where HUD has determined at least 51% of residents meet the 80% median income standard (see Map No. 7).' HOME-funded activities will also benefit homeowners at the 80% income standard and renters with lower incomes. ESG will be limited to programs that prevent eminent eviction/foreclosure or assist those individuals/families that are already homeless and need appropriate housing and/or support services. As indicated above, HOPWA funds will be utilized to support programs that address the housing and service needs of Orange County residents living with HIV and/or AIDS. ' The City is eligible to (and has chosen to) utilize the uncapped 80% income standard. Additional discussion regarding this income standard is found on page 18. 11 4/16/08 19E-15 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN Pursuant to the Citizen Participation Plan and HUD requirements, the City made a draft of this report available fora 30-day public comment period. This comment period began March 15 and ended April 14, 2008. Additionally, a public hearing was held April 15, 2008 to receive additional public input on proposed 2008-2009 activities. A public notice regarding the 30-day comment period and public hearing was published on March 14, 2008 (see Exhibit 1). A summary of public comments received and staffs written response to comments is incorporated into this document (see Exhibit 7). 4/16/08 ~ 2 19E-16 II. Standard Form 424 Application for Federal Assistance SF-424 *1. Type of Submission: *2. Type of Application * If Revision, select a ppropriate letter(s) ^ Preapplication ®New ® Application ^ Continuation *Other (Specify) ^ Changed/Corrected Application ^ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: B-OS-MC-06-0508 B-08-MC-06-0508 State Use Onl 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Santa Ana *b. Employer/Taxpayer Identification Number (EIN/TIN): 95-6000785 d. Address: *Street 1: 20 Civic Center Plaza Street 2: *City: Santa Ana County: Orange *State: CA Province: *Country: USA *Zip /Postal Code 82702 e. Organizational Unit: De artment N *c. Organizational DUNS: 083153247 p ame. Division Name: Community Development Agency Administration Division f. Name and contact information of erson to be contacted on matters involvin this a lication: Prefix: Ms *First Name: Nancv Middle Name: T *Last Name: Edwards Suffix: Title: Assistant Director, Community Development Agency Organizational Affiliation: *Telephone Number: 714-667-2244 Fax Number: 714-647-6713 *Email: nedwards@santa-ana.org 13a 19E-17 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Version 02 OMB Number: 4040-0004 Expiration Date: 01/3 U2009 Application for Federal Assistance SF-424 Version o2 *9. Type of Applicant 1: Select Applicant Type: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-218 CFDA Title: Community Development Block Grant *12 Funding Opportunity Number: NA *Title: NA 13. Competition Identification Number: NA Title: NA 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Santa Ana, CA *15. Descriptive Title of Applicant's Project: Funds to be used to support improvement of public facilities in the City's Low/Mod areas, housing rehab and public services. Funds will also be used for program administration and fair housing services. 13b 19E-18 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 16. Congressional Districts Of: *a. Applicant: 46 & 47 17. Proposed Project: *a. Start Date: 7/108 18. Estimated Funding ($): *a. Federal *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 6,818,885 47.933 6,866,818 *b. Program/Project: 46 & 47 *b. End Date: 6/30/09 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ^ a. This application was made available to the State under the Executive Order 12372 Process for review on ^ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ^ Yes ® No Version 02 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. {U. S. Code, Title 218, Section 1001) ® ** I AGREE ** The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr *First Name: David Middle Name: N. *Last Name: Ream Suffix: *Title: City Manager *Telephone Number: 714-647-5200 * Email: dream@santa-ana.org *Sign~ure of Authorized Representative: Authorized for Local Reproduction Fax Number: 714-647-6713 <a/~~- ! *Date Signed: May 6, 2008 Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 13c 19E-19 OMB Number: 4040-0004 iaw. vu~,iaw7 Application for Federal Assistance SF-424 Version 02 *1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ^ Preapplication ®New ® Application ^ Continuation "Other (Specify) ^ Changed/Corrected Application ^ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: M-08-MC-06-0508 M-08-MC-06-0508 State Use Onl 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Santa Ana *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 95-6000785 083153247 d. Address: "Street 1: 20 Civic Center Plaza Street 2: "City: Santa Ana County: Orange "State: CA Province: "Country: USA "Zip /Postal Code 92702 e. Or anizational Unit: Department Name: Division Name: Community Development Agency Housing Division f. Name and contact information of erson to be contacted on matters involvin this a lication: Prefix: Ms "First Name: Shellv Middle Name: "Last Name: Landry-Gavle Suffix: Title: Housing Manager Organizational Affiliation: "Telephone Number: 714-667-22287 Fax Number: 714-647-2225 "Email: slandry-bayle@ santa-ana.org 14a 19E-20 OMB Number: 4040-0004 L.X IIAl1Ufl LdCe. Ul/Sl/LVUy Application for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1:Select Applicant Type: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (Specify) *10 Name of Federal Agency: Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-239 CFDA Title: Home Investment Partnerships Act "12 Funding Opportunity Number: NA `Title: NA 13. Competition Identification Number: NA Title: NA 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Santa Ana, CA "15. Descriptive Title of Applicant's Project: Funds to be used to expand and preserve the City's supply of affordable housing and program administration. ADDI funds will be used to assist 15f homebuyers. 14b 19E-21 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: 46 & 47 *b. Program/Project: 46 & 47 17. Proposed Project: *a. Start Date: 7/108 *b. End Date: 6/30/09 18. Estimated Funding ($): *a. Federal 2,367,607 *b. Applicant *c. State *d. Local *e. Other (ADDI) 12,648 *f. Program Income *g. TOTAL 2,380,255 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ^ a. This application was made available to the State under th E ti e xecu ve Order 12372 Process for review on ^ b. Program is subject to E.O. 12372 but has not been selected by the State for review . ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ^ Yes ®No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to com l p y with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Titie 218, Section 1001) ® **IAGREE ** The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr *First Name: David Middle Name: N. *Last Name: Ream Suffix: *Title: City Manager *Telephone Number: 714-647-5200 Fax Number: 714-647-6713 * Email: dreamCa~santa-ana org *Signature of Authorized Representative: ~ *Date Signed: Ma 6 2008 nuui~c,~ea for Local xepronucnon Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 14c 19E-22 Application for Federal Assistance SF-424 *1. Type of Submission: *2. Type of Application ^ Preapplication ®New ® Application ^ Continuation ^ Changed/Corrected Application ^ Revision 3. Date Received: 4. Applicant Identifier: * If Revision, select appropriate letter(s) *Other (Specify) 5a. Federal Entity Identifier: *5b. Federal Award Identifier: S-08-MC-06-0508 S-08-MC-06-0508 State Use Onl 6. Date Received by State: 7. State Application Identifier: OMB Number: 4040-0004 Expiration Date: 01/31/2009 Version 02 8. APPLICANT INFORMATION: *a. Legal Name: City of Santa Ana *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 95-6000785 083153247 d. Address: *Street 1: 20 Civic Center Plaza Street 2: *City: Santa Ana County: Orange *State: CA Province: *Country: USA *Zip /Postal Code 92702 e. Or anizational Unit: Department Name: Division Name: Community Development Agency Administration Division f. Name and contact information of erson to be contacted on matters involvin this a lication: Prefix: Ms *First Name: Nancv Middle Name: T *Last Name: Edwards Suffix: Title: Assistant Director, Community Development Agency Organizational Affiliation: I 'Telephone Number: 714-667-2244 Fax Number: 714-647-6713 I *Email. nedwards@ santa-ana.org 15a 19E-23 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1: Select Applicant Type: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-231 CFDA Title: Emergency Shelter Grant *12 Funding Opportunity Number: NA *Title: NA 13. Competition Identification Number: NA Title: NA 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Santa Ana, CA *15. Descriptive Title of Applicant's Project: Funds to be used to support homeless shelter operations and the provision of essential services. Funds will also be used to prevent homelessness and program admin. 15b 19E-24 OMB Number: 4040-0004 Expiration Date: O 1 /3 I /2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: 46 & 47 *b. Program/Project: 46 & 47 17. Proposed Project: *a. Start Date: 7/1/08 *b. End Date: 6/30/09 18. Estimated Funding ($): *a. Federal 304,972 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 304,972 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ^ a. This application was made available to the State under the Executive Order 12372 Process for review on ^ b. Program is subject to E.O. 12372 but has- not been selected by the State for review. ® c. Program is not covered by E. O. 12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ^ Yes ® No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications*` and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® **IAGREE ** The list of certifications and assurances, or an Internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr *First Name: David Middle Name: N. *Last Name: Ream Suffix: *Title: City Manager *Telephone Number: 714-647-5200 Fax Number: 714-647-6713 * Email: dream@santa-ana.org *Signature of Authorized Representative: *Date Signed: May 6, 2008 Authorized for Local Reproduction Standard Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 15c 19E-25 OMB Number: 4040-0004 Fxniratinnilate~ fll/'21l~MQ Application for Federal Assistance SF-424 Version 02 `1. Type of Submission: *2. Type of Application * If Revision, select appropriate letter(s) ^ Preapplication ®New ® Application ^ Continuation `Other (Specify) ^ Changed/Corrected Application ^ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: *5b. Federal Award Identifier: CA 16 H08-F075 CA 16 H08-F075 State Use Onl 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: City of Santa Ana *b. Employer/Taxpayer Identification Number (EIN/TIN): *c. Organizational DUNS: 95-6000785 083153247 d. Address: *Street 1: 20 Civic Center Plaza Street 2: *City: Santa Ana County: Orange *State: CA Province: `Country: USA *Zip /Postal Code 92702 e. Or anizational Unit: Department Name: Division Name: Community Development Agency Housing Division f. Name and contact information of person to be contacted on matters involving this application: Prefix: Ms `First Name: Shelly Middle Name: *Last Name: Landry-Gavle Suffix: Title: Housing Manager Organizational Affiliation: `Telephone Number: 714-667-22287 Fax Number: 714-647-2225 *Email: slandry-bayle@santa-ana.org 16a 19E-26 OMB Number: 4040-0004 ~~~~ Application for Federal Assistance SF-424 Version 02 *9. Type of Applicant 1: Select Applicant Type: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-241 CFDA Title: Housing Opportunities for Persons with AIDS *12 Funding Opportunity Number: NA 'Title: NA 13. Competition Identification Number: NA Title: NA 14. Areas Affected by Project (Cities, Counties, States, etc.): Orange County, CA *15. Descriptive Title of Applicant's Project: Funds to be used to provide housing and supportive services for individuals with HIV and AIDS. Funds will also be used for program admin. Funds will be used throughout Orange County CA. 16b 19E-27 OMB Number: 4040-0004 Fxniratinn mate: 0 3 /3 1 12009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: *a. Applicant: 39, 41, 45, 46, 47 & 48 *b. Program/Project: 39, 41, 45, 46, 47 & 48 17. Proposed Project: *a. Start Date: 7/108 *b. End Date: 6/30/09 18. Estimated Funding ($): *a. Federal 1,402,000 *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 1,402,000 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ^ a. This application was made available to the State under the Executive Order 12372 Process for review on ^ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. O. 12372 •20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ^ Yes ®No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) ® ** I AGREE ** The list of certifications and assurances, or an intemet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr *First Name: David Middle Name: N. *Last Name: Ream Suffix: *Title: City Manager *Telephone Number: 714-647-5200 Fax Number: 714-647-6713 * Email: dream@santa-ana.org *Signature of Authorized Representative: *Date Signed: May 6, 2008 Autrionzed Tor Local Keproduct~on Standazd Form 424 (Revised 10/2005) Prescribed by OMB Circular A-102 16c 19E-28 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN III. RESOURCES FEDERAL RESOURCES As part of the Action Plan, federal regulations require the City of Santa Ana to delineate federal and non-federal resources expected to be available to address the priority needs and specific objectives identified in the Consolidated Plan. The table below provides a summary of HUD grants and program income that will be programmed during FY 2008-2009. ANTICIPATED FEDERAL GRANT RESOURCES FOR FY 2008-200 • Community Development Block Grant (CDBG) 9 ~ • $6,818,885 CDBG Program Income $0 CDBG Prior Year Program Income $47,933 CDBG Reprogrammed Funds $0 HOME Investment Partnership Program (HOME) $2,367,607 American Dream Downpayment Initiative $12,648 HOME Program Income $0 Emergency Shelter Grant (ESG) $304,972 ESG Reprogrammed Funds (from prior years) $0 Housing Opportunities for Persons With AIDS (HOPWA)' $1,402,000 TOTAL $10,954,045 Source: U.S. Department of Housing antl Urban Development antl Gity oT Santa Ana GDA 1. Prior year funds ($105,000) will also be available to undertake new housing development project. Attachment 2 provides a more comprehensive listing of potential federal, state and local private resources that are or may be available to the City to undertake activities to meet housing and community needs. 17 ail sloe 19E-29 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN OTHER NON-FEDERAL PUBLIC AND PRIVATE RESOURCES As part of the Action Plan, federal regulations require the City of Santa Ana to delineate non-federal and private resources expected to be available to address the priority needs and specific objectives identified in the Consolidated Plan. The table below provides information regarding non-federal and private resources expected to be available during the 2008-2009 Program Year. FY ZOOH-2009 NON-FEDERAL PUBLIC 8c PRIVATE RESOURCES Santa Ana Redevelopment Agency Low Income $15,000,000 Housing Set-Aside Fund CalHome $600, 000 TOTAL ~ $15,600,000 Source: City of Santa Ana Community Development Agency * Ryan White Part A ($5,025,701) funds will also be available to support countywide HIV/AIDS programming LEVERAGING OF RESOURCES HUD requires the City to discuss how federal resources to be made available during the 2008-2009 Program Year will leverage other non-federal public and private resources. The City of Santa Ana will continue its strategy of linking non-federal resources for housing and community development needs with federal grant funds. This strategy involves identifying federal resources that may be available to undertake a project. If grant funds are insufficient other non-federal resources will be utilized to meet project finance gaps. Additionally, the City will continue to commit non-federal resources to undertake activities that are not federally funded, but address the priority needs of the community. HUD's IDIS system will help facilitate more accurate reporting of leveraging resources. 4/16/08 18 19E-30 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN FEDERAL MATCH REQUIREMENTS There is no federal requirement for the City to match CDBG funds with other non- federal program resources. The HOME program does require that for every HOME dollar spent, the City must provide a 25% match with non-federal dollars. Under certain circumstances, HUD will waive or reduce the match requirement. In July 2007, the City was notified by HUD that for the 2008-2009 Program Year, the City's HOME match requirement has been reduced to 0% because the City's "family poverty rate" is 125% or more of the average national poverty rate, the jurisdiction qualifies as distressed based on the family poverty rate criterion, and the City's per capita income is less than 75% of the national average. Even though Santa Ana is not required to provide HOME matching funds, the City will continue to implement its current strategy to match HOME funds by undertaking projects that blend local and private resources with HOME funds. HUD allows the City to use various resources to meet this match requirement including: ^ Cash Value of waived taxes, fees or charges ^ Value of donated land Value of donated materials and/or labor Based on past actions, HOME match resources will include the value of donated land and value of donated labor and materials, and/or direct subsidies with non- federal funds. As required, the City currently maintains a log of current match sources including a balance of excess match. The Emergency Shelter Grant (ESG) program also has a match requirement. The City must match ESG expenditures dollar for dollar. The City of Santa Ana requires that subrecipients of ESG funds provide documentation of matching resources. An annual report of matching funds is provided to HUD as part of the Consolidated Annual Performance and Evaluation Report. 19 air sioa 19E-31 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN IV. ACTIVITIES TO BE UNDERTAKEN An outline of activities the City of Santa Ana will undertake during the 2008-2009 Program Year is provided as in the table below. Activities were selected for implementation in order to address HIGH priority needs identified in the City's Consolidated Plan. JUMMARY OF PLANNED ACTIVITIES TO 6E UND ERTAKEN 2008-2 009 ~ • ~ • e • Public Facility Improvement-Neighborhood- 1 s onsored ublic im rovements CDBG $50,000 Public Facilit Code Enforcement -Ensure maintenance of existing properties & compliance with CDBG $1,699,668 4,500 Housing Units munici al buildin codes Public Services -Senior, youth, disabled & CDBG $1 022 832 63,849 other related ro rams , , Individuals 2 CDBG Administration & Planning -Program oversight, fair housing counseling & general CDBG $944,780 1 Ian amendments Year Housing Rehabilitation -Single- & Multi- CDBG $230 000 40 Famil housin rehab , Housin Units s Neighborhood Parks Improvements CDBG $444 105 1 , Public Facility Neighborhood Street Improvements CDBG $2,500 000 3 , Public Facility Homelessness Prevention ESG $23,725 259 Individuals Homeless Essential Services ESG $gg 244 1,261 , Individuals a Homeless Facilities Operations ESG $187,756 2'224 e Individuals ESG Administration -Program oversight ESG $7,247 1 Year HOME Administration -Program oversight HOME $236,760 1 Year Multifamily Acquisition or Rehabilitation HOME $1,325,705 10 Housin Units CHDO Acquisition or Rehabilitation HOME $355,142 5 s Single-Family Rehabilitation HOME $450,000 20 Housin Units Down Payment Assistance for 15` time 1 homebuyers ADDI $12,648 Housing Unit HOPWA Administration -Program oversight HOPWA $42,060 1 Yea r Support Services -Supportive services & 900 housin for individuals with HIV/AIDS HOPWA $824,650 Individuals 4!16/08 20 19E-32 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN Tenant Based Rental Assistance -Rental HOPWA $425,000 50 assistance for individuals with HIV/AIDS Individuals Housing Acquisition/Development - 5 Expansion of housing opportunities for HOPWA $110,290 Housing Units individuals with HIV/AIDS 1. Total is the sum of 2,000 multi-family housing units plus 2,500 single-family housing units. 2. Total does not include accomplishment goal for SAPD helicopter program, which benefits all persons in the City's Low/Mod Area (estimated at 275,476 individuals). 3. Total is the sum of 25 multi-family housing units plus 15single-family housing units. 4. Individuals assisted with ESG-funded "Essential Services" only. 5. Individuals assisted with ESG-funded "Facility Operations" activities may also receive ESG-funded essential services. 6. CHDO resources may be leveraged with HOME Multi-family acquisition/rehab activities. Detailed descriptions of activities to be undertaken are provided in Attachment 3 - Listing of Proposed Projects. Activity descriptions include: ^ Number and type of accomplishment the proposed activity will address ^ Location of activity ^ Proposed end date ^ Amount/source of HUD entitlement funds ^ Priority need and proposed outcome/performance measure To facilitate the evaluation of Santa Ana's progress toward meeting five-year objectives, Attachment 1 -Summary of Five-Year Accomplishments 2005-2009 is included as a component of the Consolidated Plan. This City-developed table has been supplemented with HUD tables. These tables list specific objective goals, a performance measurement, and the number of these "units" that are expected to be completed over afive-year period. HUD tables are incorporated into this document as part of Attachment 1. V. GEOGRAPHIC DISTRIBUTION The geographic distribution of federal grant funds is depicted in Map No. 2. This map provides a view of the City's target Low- and Moderate-income area where CDBG resources will be focused and plots where proposed activities will be located. As evident by Map No. 2, HUD-funded activities are limited to the City's Low-and 21 4/16/08 19E-33 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN Moderate-Income area, which encompasses the majority of the City's residential areas. Areas of the City outside of the Low- and Moderate-Income target areas will benefit from activities that are limited-clientele in nature, i.e., a person/household can benefit from a federally assisted program provided they meet the program's eligibility criteria. Eligibility is typically established by household income and household size. HOPWA-funded activities will be available on a countywide basis. In July 2003, HUD notified the City of Santa Ana that it is exempt from the cap on Low- and Moderate-Income levels currently applied to the CDBG and HOME programs. Traditionally, HUD has capped the 80% income level to an amount lower than the actual 80% of the area's median income. Utilization of the uncapped 80% income level theoretically allows more households to qualify for CDBG and HOME funded activities. The City of Santa Ana has chosen to utilize the uncapped 80% income standard for both its limited clientele and area-wide activities. The table below provides a listing of HUD's "Uncapped" 2008 income standard for Orange County, which will be effective April 12, 2008. .. 1 Person .. $47,100 2 Persons $53,800 3 Persons $60.600 4 Persons $67,300 5 Persons $72,700 6 Persons $78,000 7 Persons $83,400 8+ Persons $88,800 VI. HOMELESS AND OTHER SPECIAL NEEDS The Action Plan delineates the specific activities that the City will undertake during the 2008-2009 Program Year that address objectives and goals identified in the Consolidated Plan to address the needs of Santa Ana's homeless and special need populations. 4/16108 22 19E-34 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN As reported in the City's Consolidated Plan, there are an estimated 1,804 homeless individuals in Santa Ana. To address the needs of these individuals, the City will continue its efforts to identify efficient and effective means to distribute limited resources for homeless needs. The City has designated emergency and transitional housing as high priorities for addressing homelessness. There are 17 emergency and transitional shelters in the City, providing 248 emergency and 299 transitional housing beds -more than any other city in the County.2 The City is presently undertaking a survey to determine how many of these shelter beds are reserved for the chronically homeless. During the 2008-2009 Program Year the City will also incorporate into its agreements a provision that each ESG-funded agency prepare and implement a policy that will help ensure persons discharged from local publicly funded institution have access to housing/services thus preventing their immediate homelessness upon discharge. More specifically, during the 2008-2009 Program Year, the City will undertake the following homeless housing/service activities: Homelessness Prevention A key component of Santa Ana's Continuum of Care strategy is to prevent individuals and families from falling into homelessness. This is accomplished by providing monetary assistance and counseling/support services to households at risk of becoming homeless. The City's continuum of care for the homeless strategy calls for providing ESG and CDBG resources to agencies that provide this type of assistance. An estimated 260 individuals will be assisted with homelessness prevention services during FY 2008-2009. Specific activities to be undertaken during the 2008-2009 Program Year are outlined in the Listing of Proposed Projects -Attachment 3. z Total emergency shelter beds do not include 250 seasonal beds that are opened during winter months offered at the National Guard Armory located in Santa Ana. 23 4!16/08 19E-35 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN EMERGENCY SHELTERS The City will provide funds to shelter providers via the CDBG, ESG and HOPWA programs. These funds will help offset the costs of providing emergency shelter and essential support services for Santa Ana's homeless (and the region's homeless with HIV/AIDS with HOPWA funding). An estimated 950 individuals will be assisted with emergency shelter services during FY 2008-2009. Additionally, 84 County residents will be assisted with emergency shelter services with HOPWA funds.3 Specific activities to be carried out during the 2008-2009 Program Year are delineated in the Listing of Proposed Projects -Attachment 3. TRANSITIONAL HOUSING The critical link between homelessness and self-sufficiency is often provided by transitional housing programs. In this setting, homeless individuals and families are provided free or very low cost housing, enriched with support services aimed at building self-reliance skills. Quite often transitional housing programs will require participants to save a portion of their income earned while participating in the program so they will have resources to move into permanent housing upon their graduation from the transitional program. Santa Ana will continue to support the transitional housing/support service programs of the community's nonprofits with CDBG and ESG funds during the 2008-2009 Program Year, serving an estimated 94 individuals. Additionally, a portion of HOPWA funds allocated for supportive services will be used to provide transitional housing for persons with HIV and/or AIDS on a countywide basis. An estimated 106 individuals will be assisted with transitional housing services during FY 2008-2009.a Specific activities to be carried out are delineated in the Listing of Proposed Projecfs -Attachment 3. s Housing services funded with HOPWA will be available on a countywide basis. a Housing services funded with HOPWA will be available on a countywide basis. air sroa 24 19E-36 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN TRANSITION TO PERMANENT HOUSING Access to decent, affordable permanent housing is the ultimate goal of the City's Continuum of Care system. In the past, the City has provided HOME, CDBG and Redevelopment resources to nonprofit service providers in order to acquire and rehabilitate housing units for persons leaving homeless programs. Some of these units have been targeted for special need populations such as the disabled, youth, and individuals living with HIV/AIDS. During the 2008-2009 Program Year, HOPWA funding will be utilized to provide rental assistance to 50 individuals living with HIV/ADS on a countywide basis. Additionally, a Request For Proposals (RFP) for the acquisition, rehabilitation or development of housing for individuals living with HIV/AIDS was issued during the 2006-2007 Program Year. The city received one response to the RFP from Straight Talk, Inc., a nonprofit agency that works with individuals with both HIV/AIDS and substance addiction. Straight Talk was awarded a grant which thy have utilized to purchase a property that will provide housing and services for seven individuals with HIV/AIDS. SPECIAL NEEDS OF PERSONS NOT HOMELESS BUT IN NEED OF SUPPORTIVE HOUSING Santa Ana will continue to provide federal and non-federal resources to meet the needs of persons with special needs (e.g., frail elderly, victims of domestic violence, persons with disabilities, persons living with HIV/AIDS). Various programs will be undertaken during the 2008-2009 Program Year including housing rehabilitation (which may include installation of items such as ramps, grab bars, wider doors, etc., to improve mobility for persons with disabilities, and public services. Specific activities to be carried out are delineated in the Listing of Proposed Projects - Attachment 3. 25 4/16/08 19E-37 CITY OF SANTA ANA 200E-2009 ANNUAL ACTION PLAN VII. OTHER ACTIONS IDENTIFICATION OF IMPEDIMENTS TO FAIR HOUSING CHOICE As a recipient of federal grant funds, the City of Santa Ana is required to prepare an analysis of impediments to fair housing choice (AI). In addition to identifying impediments, a strategy to overcome these barriers must be implemented. The AI must be prepared to complement the Consolidated Plan. The City was a participant in the development of a regional AI, prepared by the Fair Housing Council of Orange County (FHCOC) on behalf of 13 municipal jurisdictions and the County of Orange. This document covers a full array of public and private policies, practices and procedures affecting housing choice locally and in the Orange County region. This document has served as the substantive basis for Fair Housing planning. The AI covers the 2006-2010 timeframe. SUMMARY OF IMPEDIMENTS IDENTIFIED IN THE ANALYSIS The following is a summary of impediments identified in the AI. It is important to note that not all of the impediments identified in the analysis are present in Santa Ana. This summary is based on a regional evaluation: ^ A need exists for cost sensitive and effective fair housing counseling that provides comprehensive educational services and fair housing enforcement. ^ There is a need for apro-active evaluation of fair lending practices in the region to evaluate, explain and eliminate disparity in lending practices by race and national origin. ^ Local jurisdictions do not have a formal fair housing education system in place for employees who impact fair housing issues (e.g., planning/zoning and code enforcement staff). ^ Residents do not have adequate information regarding basic housing rights, which may lead to an increase in undetected discrimination. ^ Insurance companies may be targeting certain zip codes for higher denial rates or different terms and conditions. 4/16108 26 19E-38 CITY OF SANTA ANA ZOOS-2009 ANNUAL ACTION PLAN ^ Local entitlement communities may have policies and programs that affect housing development, which may indirectly act as an impediment to fair housing choices. Acfions to Address Identified lmpedimenfs The following actions have been identified in the regional AI and the City of Santa Ana as actions to be taken to address identified impediments to fair housing. ^ Fair housing services will be provided at an effective and responsive level. The Fair Housing Council of Orange County submitted a proposal to the City to provide fair housing services for 1,060 Santa Ana resident households. ^ The City will utilize existing referral and advocacy resources such as the FHCOC, Orange County Human Relations Commission, and the Legal Aid Society of Orange County, to investigate, address, and refer complaints of unfair or predatory lending practices. ^ Appropriate City personnel will be enrolled in applicable educational courses to ensure the most comprehensive fair housing service possible. Housing Authority, code enforcement and other "housing" related staff will be the primary recipients of this training. ^ A similar course of action will be taken by the City to address complaints of insurance redlining, i.e., the City will utilize existing referral and advocacy resources such as the FHCOC, Orange County Human Relations Commission, and the County District Attorney to investigate and address complaints. ^ As a partner in the preparation of the regional AI, the City provided the Fair Housing Council of Orange County with information regarding current policies that may have an impact on housing development. The City will continue to review the recommendations of the regional AI and consider modifications to present policies that may have a nexus limiting fair housing choice. 27 4/16!08 19E-39 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN STRATEGY IMPLEMENTATION HUD requires that the City reevaluate how the additional strategies outlined in the Consolidated Plan will be addressed during the Program Year. OBSTACLES TO MEETING UNDERSERVED NEEDS The City of Santa Ana will undertake many activities aimed at addressing the needs of the community's underserved. The underserved include the elderly, frail elderly, disabled, youth, homeless, and very low-income households. In order to overcome the barriers identified in the Consolidated Plan, the City will focus limited resources toward providing new opportunities to upgrade existing housing units and to expand the number of affordable housing units for both owners and renters. Housing rehabilitation, first time homebuyer assistance, and acquisition/development of new rental housing units are examples of activities slated for implementation during the 2008-2009 Program Year. Additionally, the City and local nonprofits will continue to provide services for underserved City residents. Public services to be funded during the 2008-2009 Program Year will include home meal delivery, homelessness housing/support services, youth after-school programs, family counseling, medical assistance and cultural/arts activities. By focusing resources on the housing and community needs identified as HIGH priority the City will be able to utilize limited resources more efficiently. When available, Santa Ana will seek out additional resources beyond federal and local funds to address barriers. FOSTERING AND MAINTAINING AFFORDABLE HOUSING Many of the barriers to maintaining and expanding affordable housing opportunities for all residents of Santa Ana are attributable to market constraints. Many of these market constraints are beyond the control of the City, nonetheless, the City will utilize its limited resources to foster and maintain affordable housing. By leveraging federal funds with local redevelopment funds and resources available to nonprofit housing developers, the City may be able to increase its supply of long term affordable housing. The City's owner occupied housing stock will be preserved with 4!16/08 Z$ 19E-40 CITYOF SANTA ANA 2008-2009 ANNUAL ACTION PLAN rehabilitation funds for homeowners and enforcement of local housing/building codes. While challenging, assisting first time homebuyers with mortgage subsidies will reinforce neighborhood pride - ADDI-funded second mortgages and other forms of subsidies may be provided. BARRIERS TO AFFORDABLE HOUSING The City will implement an array of housing programs in order to enhance and expand the supply of affordable housing in Santa Ana. As outlined above, the City will provide housing rehabilitation programs for both owner- and rental-housing units. Additionally, programs to provide new homeownership opportunities will be explored. For renters, the City will evaluate various activities including rental assistance vouchers, acquisition and rehabilitation, and also may consider new construction activities. The City will continue to utilize its strategy to leverage federal funds with non-federal resources, especially those available to nonprofit housing developers. LEAD-BASED PAINT HUD estimates that 74% of dwellings built prior to 1980 have some level of lead- based paint. Since 82% of Santa Ana's housing was built before 1980, the City recognizes lead-based paint hazards as an economic and health issue. The cost of removing lead paint often acts as a deterrent to addressing this problem especially for lower income families. The City has implemented HUD's lead-based paint hazards regulations (Title X). These regulations require that certain types of HUD- funded housing activities must be tested for lead-based paint hazards prior to the beginning of any work. If the property owner moves forward with the HUD-funded housing activity, all lead based paint hazards will be controlled or abated as required by Title X. Title X requirements have increased rehabilitation costs, which often result in the City providing additional resources to address lead-based paint hazards mitigation costs. These regulations have also prompted some potential program participants to drop their request for rehabilitation assistance. 29 4/16108 19E-41 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN ANTI-POVERTY STRATEGY The City has identified numerous factors it can influence to combat poverty. Activities and services the City will implement during the 2008-2009 Program Year to combat poverty include the following: ^ Affordable housing programs including rehabilitation, rental assistance, and creation of new affordable housing units (via new construction or acquisition/rehabilitation). ^ Homeless assistance including prevention activities, emergency shelter, transitional housing, and access to permanent housing opportunities. Support services will be blended with these activities. ^ Public safety to prevent criminals from victimizing the poor. ^ Public facility improvements to improve the overall infrastructure of the City, but more specifically to eliminate public improvements/infrastructure that negatively impact residential neighborhoods. ^ Job training, job-search skills and job placement to provide those living in poverty with new employment opportunities that pay higher wages. ^ Health care/education to assist persons living in poverty to improve their overall personal and family health. ^ Youth recreation and diversion services which provide youth living in poverty with alternatives to gang and crime activities. ^ The Housing Authority will continue to implement the Family Self-Sufficiency (FSS) program, which will provide rental assistance, life skills training and referrals to employment training for program participants. DEVELOPMENT OF INSTITUTIONAL STRUCTURES As outlined in the Consolidated Plan, the City of Santa Ana will implement actions to develop institutional structures and enhance coordination between public and private housing and social service agencies, and foster assisted housing improvements and resident initiatives. air s~oa 30 19E-42 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN The City of Santa Ana will continue to utilize a network of referrals, contacts and partnerships to implement the strategies outlined in the Consolidated Plan. The City's Workplace Investment Board will work closely with local businesses to identify their workforce needs. The "One Stop" center will assist former welfare recipients obtain training and gainful employment. In the area of housing, the City will continue to build its relationship with local housing providers such as private developers, nonprofit developers, and neighboring housing authorities, to ensure that limited housing resources are utilized in the most efficient and effective manner possible. The City also will continue to participate in the regional Continuum of Care Steering Committee in order to identify the housing and service needs of the County's homeless. Santa Ana will also continue to be an active participant in the implementation of a regional Analysis of Impediments to Fair Housing working with the Fair Housing Council to monitor and report actions taken to overcome impediments to fair housing choices. With respect to federal HOPWA funds, the City will consult with private, nonprofit, community, and public institutions to assess the needs of persons with HIV/AIDS, and determine the allocation of resources. Finally, the City and the Housing Authority of the City of Santa Ana will continue to work jointly to meet the housing needs of Santa Ana's very low-income renters. STRUCTURES TD ENHANCE COORDINATION /N THE COMMUNITY Coordination will be enhanced between public agencies, private entities, and community residents through various means. Coordination will continue to be enhanced through the City's Neighborhood Improvement (NIP) Program. NIP will be responsible for assisting Santa Ana's 60 neighborhood associations by bringing key staff from the City, County, other governmental agencies, the private sector, etc., directly to neighborhoods to address their concerns and needs. Additionally, the City will continue to support the Santa Ana Resource Network's efforts to coordinate the efficient delivery of services to community residents. 31 4/16/08 19E-43 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN FOSTER AND MAINTAIN ASSISTED HOUSING IMPROVEMENTS AND INITIATIVES The Housing Authority of the City of Santa Ana does not operate public housing - it only provides Housing Choice Voucher rental assistance. The Housing Authority is required to prepare afive-year and one-year plan that highlight its mission, goals and objectives as it relates to the Housing Choice Voucher program. The Authority's plan was prepared in conjunction with the City's Consolidated Plan. Both documents contain references to programs that may offer mutual support to meeting respective Plan objectives. The City will support the Housing Authority's efforts to assist its customers, just as the Authority is dedicated to assisting the City to implement its Consolidated Plan objectives. Economic Development The City of Santa Ana has developed a variety of programs aimed at stabilizing and expanding economic opportunities for its residents and the Orange County region in general. These programs include: ^ W.O.R.K Center, a resource center with a primary focus on employment training and job placement needs. ^ State designated Enterprise Zone ^ Redevelopment funded business attraction and retention programs to provide economic opportunities to City residents. ^ HUD-approved Empowerment Zone resources to address community economic development priority needs. No CDBG funds will be utilized for economic development in 2008-2009; however, it is worth noting that the City is working closely with the Santa Ana College to ensure that its Digital Media Center creates full-time employment opportunities for lower income Santa Ana residents. The genesis of the project results from the College District receiving land from the City to develop this business incubator. The City 4116!08 g2 19E-44 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN purchased the land several years ago with CDBG Section 108 Loan proceeds for the widening of Bristol Street. As a result of this public investment any subsequent use of surplus land resulting from the street widening had to be CDBG-program compliant. The City is presently working with the College District to finalize its plan to ensure incubator business provide employment opportunities to qualified Santa Ana residents. Measure Outcomes The City has implemented HUD's results oriented management and accountability system for HUD-funded activity. This system is an effort to measure outcomes of HUD-funded programs as well as measure outputs. The City of Santa Ana implemented this system during the 2005-2006 Program Year based on information provided by HUD, and subsequently revised these efforts as dictated by HUD's final regulations. Presently all HUD-funded activities are linked to outcome measurements that were developed by City staff and incorporated into the City's 2005-2009 Consolidated Plan. Furthermore, grant applications, grant agreements and quarterly accomplishment reports have been revised to include HUD-required outcome data to facilitate accurate reporting in IDIS. This information has been utilized to complete data found in Attachment 1 VIII. PROGRAM SPECIFIC REQUIREMENTS HUD requires that the City discuss how certain program specific requirements will be addressed during the program year. Actions to address these program specific requirements are outlined below. COMMUNITY DEVELOPMENT BLOCK GRANT The City of Santa Ana will expend CDBG funds on eligible activities to address priority housing and community needs. It is anticipated that 100% of CDBG funded 33 4!16!08 19E-45 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN activities will benefit Low- and Moderate-Income households (that is, no CDBG funds will be spent on activities that do not benefit a minimum of 51 % Low- and Moderate-Income households). These activities are described in detail in Attachment 3. The City anticipates it will receive program income during the 2008- 2009 Program Year; however, these resources will be reprogrammed at a later time. The City did not have any grant funds returned to its line of credit, nor will it undertake float-funded activities (thus will not realize any program income from float- funded activities). Finally, the City does not anticipate undertaking urgent need activities during the 2008-2009 Program Year. HOME AND AMERICAN DOWNPAYMENT DREAM INITIATIVE (ADDI) The City of Santa Ana HOME program for the 2008-2009 Program Year is designed to undertake eligible activities to preserve existing affordable housing, expand the supply of decent and affordable housing, and strengthen public-private partnerships. All HOME assisted units will have appropriate covenants and written agreements in accordance with HUD regulations. Federal regulations require that if HOME funds are used to refinance existing debt secured by multi-family housing, the City must ensure that its rehabilitation program guidelines comply with section 92.206(b) of the HOME Program regulations. Even though no such project is contemplated for the 2008-2009 fiscal year, HUD requires that the City outline certain program provisions in the Action Plan; therefore, should a multi-family housing rehabilitation/refinance project present itself to the City, at a minimum, the following program provisions will be implemented: ^ Refinancing will be permitted on a citywide basis; however such assistance will only be provided to permit or continue affordability for projects undertaken by a qualified nonprofit affordable housing development organization in good standing with City, HUD, private lenders, etc. ^ The minimum affordability period shall be 15 years. an s~oa 34 19E-46 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN ^ Rehabilitation, not refinancing, must be the primary eligible purpose for the use of HOME funds. To ensure that this requirement is met a minimum level of rehabilitation of $15,000 per unit is required. ^ A review of management practices will be undertaken by the City to determine that disinvestment in the property has not occurred, that the long term needs of the project can be met, and that the feasibility of serving the targeted population over the extended affordability period can be demonstrated. During FY 2004-2005, program guidelines were developed to implement an ADDI- funded homebuyer assistance program. Pursuant to ADDI regulations, funds will be utilized to provide down payment assistance for eligible households. In addition to marketing the program citywide, and in various languages, Housing Choice Voucher rental assistance recipients and residents currently residing in manufactured housing will be targeted. In order to ensure participating households are suitably prepared to become homeowners, all participants will be required to attend pre- and post- ownership training provided by a HUD-authorized housing counseling center. Furthermore, to ensure compliance with the housing affordability terms of 24 CFR 92.254, the City will impose a recapture provision that will recoup all of the HOME assistance provided to a homebuyer if the housing unit does not continue to be the principal residence of the program participant during the period of affordability. As required by the HOME program, the City has implemented an Affirmative Marketing program for all projects with five or more HOME-assisted units. This is to insure that multi-family owners receiving HOME funds will inform and solicit rental applications from persons in the housing market who are not likely to apply for the housing without special outreach. As also required by the HOME Program, the City has adopted a Minority Outreach Program. This is to ensure minorities- and women- businesses are provided the opportunity to participate in HOME-funded activities. 35 4/16/08 19E-47 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN EMERGENCY SHELTER GRANT In October 2007, a Request for Proposals was mailed to homeless service providers soliciting applications for FY 2008-2009 ESG funds. Fourteen service agencies responded with funding requests totaling more than $495,000. Grant applicants primarily sought funds to offset the costs of shelter operations and essential services. To a much lesser degree, homelessness prevention and agency administration funding was requested. In February 2008, the City's Human Relations Commission conducted interviews to rate and rank proposals. Evaluation criteria took into consideration the following factors: ^ Number of people being served ^ Location of the service being provided ^ Percentage of program budget represented by the request ^ Prior funding history with the City of Santa Ana ^ Need for the service being proposed The Human Relations Commission funding recommendations were considered at the 2008-2009 Annual Plan public hearing. Subsequently, the City Council approved the allocation of all 2008-2009 Emergency Shelter Grant funds. All ESG grant applicants are required to identify the source of match funds in their application. Match funds must equal or exceed the amount of grant funds requested. Grant applicants have identified other Federal, State, and/or local government funds, private donations and fees for services as ESG matching funds. ESG subrecipients are required to submit certified proof of the receipt of these funds with each payment request. a~~ sroa 36 19E-48 CITY OF SANTA ANA 2008-2009 ANNUAL ACT/ON PLAN HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA funds for Program Year 2008-2009 will be utilized to undertake eligible activities to meet the needs of individuals living with HIV/AIDS that presently are not met by other public and private resources. To identify program gaps, a countywide survey to assess the needs for the region's HIV/AIDS population was conducted during the 2004-2005 Program Year. This survey was acommunity-based planning effort that incorporated the input of interested community members including individuals living with HIV/AIDS, representatives of HIV/AIDS service and housing organizations, housing developers, representatives of local government agencies, advocates, and others. Relevant planning, housing, homelessness, and epidemiological data were reviewed and incorporated into the planning effort. Critical issues and service gaps were identified and an advisory committee developed recommendations. These findings have been used by the Housing Committee of the Orange County HIV Planning Council to develop a list of activities for HOPWA funding during FY 2008-2009, as well as the expenditure of over $5 million in Ryan White resources that are expected to be available during the program year. The specific activities to be undertaken in program year 2008-2009 will be to provide supportive services and tenant-based rental assistance. Funds reprogrammed from prior years will be focus on the development of new housing opportunities for individuals living with AIDS. To better measure the intended outcomes of HOPWA- funded activities, HUD has implemented a comprehensive reporting document. The City will work with its subrecipients to ensure all required data is captured and reported. As required by HUD, the following information is provided regarding HOPWA-funded activities for the 2008-2009 Program Year: 37 air sloe 19E-49 CITY OF SANTA ANA 200$-2009 ANNUAL ACTION PLAN HOPWA ANNUAL GOALS 2008-2009 Short Term Rent 60 Individuals Mortgage/Utility Assistance 190 Individuals Tenant-Based Rental Assistance 50 Individuals Housing Units Under Lease or Under Development 5 Units In order for grassroots, faith-based and other community organizations to have access to HOPWA-funded housing services, the City of Santa Ana ensures that all such organizations are invited to the HIV Planning Council's strategic planning meeting. These same agencies are also invited to participate on the Housing Committee of the HIV Planning Council. Furthermore, nonprofit housing development agencies are provided information regarding housing development opportunities that are funded with HOWPA. IX. MONITORING Outlined below are the standards and procedures that the City of Santa Ana will use to monitor activities funded during the 2008-2009 Program Year. The goal of the City's monitoring program is to ensure long-term compliance with respective program requirements, including outreach to minority businesses. COMMUNITY DEVELOPMENT BLOCK GRANT All CDBG funded activities, including those carried out by subrecipients, are required to submit quarterly reports to the City. Housing and public improvement project reports provide a description of project progress and dates for milestones such as completion date. Social service agencies are required to include information on clients served, program progress, and outcome measurements. City staff also has a comprehensive on-site monitoring program to review performance, quality of services, and grant administration provided by subrecipients. In addition to ensuring 4/16/08 38 19E-50 CITY OF SANTA ANA 200E-2009 ANNUAL ACT10N PLAN CDBG-funded activities are being carried out in an effective manner, monitoring is used to ensure the timely expenditure of CDBG resources. EMERGENCY SHELTER GRANT The same standards utilized for CDBG funded subrecipients are utilized to monitor agencies funded with ESG. HOME A HOME project-monitoring plan has been developed and implemented by the City. For rental projects, this plan calls for an annual on site visits to subrecipients. During these visits staff will sample tenant files to review household income, rent levels and lease information to ensure compliance with HOME regulations and applicable affordability covenants. Staff will also review respective administrative procedures to ensure compliance with the City's Affirmative Marketing and Minority Outreach program. Finally, staff will continue to conduct periodic housing quality standards inspections as required by HUD program regulations. For ownership rehabilitation and assistance activities, the Plan calls for the City to continue its existing underwriting procedures that are designed to ensure participant eligibility and property standards compliance. The City will also continue its efforts to provide contract opportunities for minority/women owned business. These efforts will be reported as part of the comprehensive consolidated annual performance report submitted to HUD. HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS A comprehensive report of all activities funded under the HOPWA program is prepared annually and submitted as part of the comprehensive consolidated performance report to HUD. The City has established a formal monitoring system for HOPWA-funded activities, which is carried out annually. 39 4/16/08 19E-51 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN In addition to quarterly, annual and project close out reports, the City monitors all HUD-funded programs with the assistance of the Finance Department to ensure all federal funds are spent in a timely manner. Finally, HUD's Integrated Disbursement and Information System (IDIS) allows the City to monitor line of credit balances and project status. Santa Ana has taken extensive measures to safeguard public funds and ensure timely use of funds. air sloe 40 19E-52 CITY OF SANTA ANA ZOOS-ZOOS ANNUAL ACTION PLAN X. CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide adrug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 41 4/16/08 19E-53 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which I t is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOP WA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and impleme i g regu ons~ Part 135. May 6, 2008 Signature/Authorized Official Date David N. Ream, Citv Manager Title 4/16/08 42 19E-54 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following aPlan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2008, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. 43 4/16/08 19E-55 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN Excessive Force -- It has adopted and is enforcing: A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Complianc ith La - It will comply with applicable laws. May 6, 2008 Signature/Authorized Official Date David N. Ream. City Manaeer Title 4/16/08 44 1.9E-56 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in comb ~ t n wi o er Federal assistance than is necessary to provide affordable housing. - May 6, 2008 Signature/Authorized Official Date David N. Ream. Citv Manager Title 45 4/16!08 19E-57 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN ESG Certifications The Emergency Shelter Grantee certifies that: Major rehabilitation/conversion - It will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 10 years. If the jurisdiction plans to use funds for rehabilitation (other than major rehabilitation or conversion), the applicant will maintain any building for which assistance is used under the ESG program as a shelter for homeless individuals and families for at least 3 years. Essential Services and Operating Costs -- Where assistance involves essential services or maintenance, operation, insurance, utilities and furnishings, it will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particulaz site or structure as long as the same general population is served. Renovation -- Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services - It will assist homeless individuals in obtaining appropriate supportive services, including permanent housing, medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and other Federal State, local, and private assistance. Matching Funds -- It will obtain matching amounts required under 24 CFR 576.51. Confidentiality - It will develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement -- To the maximum extent practicable, it will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, operating facilities, and providing services assisted through this program. Consolidated Plan -- It is following a current HUD-approved Consolidated Plan or CHAS. Discharge Policy --- It has established a policy for the discharge of persons from publicly funded institutions or systems of caze (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. HMIS - It will comply with HUD's standards for participation in a local Homeless Management Informal' ystem the collection and reporting of client-level information. - rv~,~ h ~ ~~08 Signature/Authorized Official Date David N Ream, City Manager Title 4/16/08 46 ...19.E-58 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN HOPWA Certifications The HOPWA grantee certifies that: Activities -Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a i ding structure. G ~~ May 6 , 2008 Signature/Authorized Official Date David N Ream, City Manager Title 47 4/16!08 19E-59 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobb~g Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workplace Certification By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug- Free Workplace Act. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: 4/16/08 4$ 19E-60 CITY OF SANTA ANA 2OOH-2009 ANNUAL ACTION PLAN Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). 49 4/16/08 19E-61 CITY OF SANTA ANA 2008-2009 ANNUAL ACT10N PLAN MAP NO. 1: LOW- &MODERATE-INCOME AREA -N- 0.0 0.5 1.0 1.5 2,0 mi Sowce:: 2f3fl0 t;ensus Data CDBG Elig~iliC} Updaked April, 2fJ(75 4/16/08 50 19E-62 ~~ _ } ~~ucatlc>r~ ~ ` "~'~~~ <wrr~ am. u ay,.w iae.,.~. CITY OF SANTA ANA ZOOS-ZOOS ANNUAL ACTION PLAN MAP No. 2: 2008-2009 PROJECTS Artesi Neigh -N- ~~ 0.0 0.5 1.0 1.5 2.0 mi ~~F.~ucatltio ,. -`. Soutce 2000 Cens~a Data CDBG EIIgi6lNly Uptlated AprN, 2(705 51 4/16108 19E-63 CITY OF SANTA ANA 2005-2009 ANNUAL ACTION PLAN EXHIBIT 1 PROOF OF PUBLICATION 8~ SUMMARY OF PUBLIC COMMENTS 4/16/08 52 19E-64 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 !Fax (714) 796-6059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE } ss Notice Type: HRG -NOTICE OF HEARING Ad Description: PROPOSED SUBMISSION OF THE 2008-2009 ACTION PLAN I am a citizen of the United States and a resident of the State of Califomia; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of Califomia by the Superior Court of the County of ORANGE, State of Califomia, under date 11!19/1905, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 03/14!2008 Executed on: 03/14/2008 At SANTA ANA, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature u~u~~~~~~~wpr~~o~ CNS#; 1296906 This space for filing stamp only Pusuc NOTICE NOTICE OF PUBLIC NEARING TO BE HELD BY THE CITY OF SAIRA ANA COMMUNITY REDEVELOPMENT 8: MOUSING COMMISSION,ON TXi PROPOSED SUBYISSION OF THE 2008.2008 ACTION PLAN, COMMENCEMENT OF TNi 70~DAY PUBLIC COMMENT PERIOq UTILIZATION OF THE UNCAPPED 8096 NOUSENOLD MEDWI INCOME STANDARD )NOTICE IS HEREBY OIYEN that the Community Redevelopment and Housingg Com- I mission of the City of Septa Ana will hold a public hearing on April 15, 2008, at 8 PM, at the C@y Council Chambers, 22 Civic Center Plaza, Santa Ana, Cal'rfomra 92701, pursuant to the submission of the City's proposed 2008.2009. The 2008-2009 Action Plan is prepared in compkance with federal regWations [24 CFR 91]. The Action Plan delineates proposed activities to be funded under the U.S. Department oT Housing and Urban Development's (HUD) Community Developmem Block Grant (CDBG), HOME Investment Partnerships Act ((HOME), American Dream Down Paymem Initiative (ADDI), Emergency Sheffer Grant (ESG), and Housing Opportunities for Persons wdh AIDS (HOPWA). The Cily is eligible to receive program funding ffor FY 2008.2009 as follows: CDBG HOME ESG HOPWA ADDI $5,818,885 $2,387,488 $304,972 $1,402,000 $12,648 In add'Rion to these resources, the City may utilze program income received in prior years and during the 200&2009 Fiscal Year. Program income may be utilized to support the ac- tivities listed below or other eligible activiues. Addifionalty, prior year unallocated federal grant funds will also be used for the activities listed below. The public hearing, preparation of the draft Action Plan, and 30-day public comment peri- od meet the statutory requiramenls for planning and application for federal Tunds under the CDBG, HOME, ESG, and HOPWA Programs. For FY 2008-2009 the City of Santa Ana proposes to expend HUD federal funds as follows: ACTIVITY FUNDING FUNDING SOURCE AMOUNT Public Facility Improvement -Neighborhood Sponsored Projects CDBG $50,000 Code Enforcement -Enforcement of housing 8 municipal building codes CDBG $1,700,000 Public Services - Senlor, youth, disabled & other rotated programs CDBG $950,000 CDBG Administratlon & Planning -Program oversight, fair housing counseling S general plan amendments CDBG $944,780 Housing RehablRation -Single-8 Mutti-Family Housing Rehab CDBG $230,000 Neighborhood Park Improvements. CDBG $444,105 Neighborhood Street Improvements CDBG $2,500,000 Homelessness Prevention ESG $23,725 Homeless Fssentlal Services ESG $91,491 Homeless Facilities OperaOens ESG $171,508 ESG Administration -Program oversight ESG $15,248 HOME Administration -Program overslght HOME $236,748 CH DO Mull'rfamily Acquisition/Rehabilitation HOME $355,124 MulGfamiy gcgwsition/Rehabditation HOME $1,325,616 Single Family Rehabilitation HOME $450,000 Down payment Assistance ADDI $12,648 HOPWA Administration -Program oversight t HOPWA $42,060 Support Services -Supportive services $ housin>~ for dusty diagnosed persons with HIV/AIDS HOPWA $824,650 Tenant (lased Rental Assistan -Rental assistance ail for parsons with HN/AIDS HOPWA $425,000 Housing Acquisition/Development t ~ 2 HOPWA $110,290 30•Day Publle CemmeM Perbd ~ 'The 30-day public comment period for the 2008.2009 Action Plan wilt commence on March 15, 2008 end will end at noon on April 14, 2008. The draft plan shall t>a available for public inspection during regular business hours between 6:00 a.m. and 5:00 p.m., Monday through Friday in the offices of the Housing Department, 20 Civic Center Plaza, 3rd Floor, Community Development AAppertcy, 20 Civic Center PIe7a, 6th floor, Office of the Clerk of the Counctl, 20 Civic Centerplaza, Room 809, and the Main Public Library, 26 Civic Center Plaza, Santa Ana, Cal'Ifomia. Written comments on the plan may be submitted to the Hous- ing Division an or before noon on Appril 14, 2008. Use of UneoppW 80% Neussheld Medlen Income StandeM This also serves es notice that the City of Santa Ana has chosen to utilize the uncapppped 80% household median income standard to quality participants for CDBG and HOME fund- ed programs. The uncapped income standard is revised annually. The current uncapped income standards are for the year 2008 and are subject to revision by HUD: 60% Median Income Limits Household S¢e Maximum Household Income 1 Person $52,100 2 Persons $59,500 3 Persons $66,950 4 Persons $74,400 5 Persons $80,350 6 Persona $86,300 7 Persons $92,250 8+ Persons $98,200 The City of Santa Ana will use the uncapped income standards for the year 2008 when HUD makes them available. CN5128880B Publish: Orange County Register March 14, 2008 R-498 8571091 19E-65 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN SUMMARY OF PUBLIC COMMENTS Summary 30-day Public Commenf Period Comments: No written comments were submitted during the 30-day comment period. Summary of April 75, 2008 Public Hearing Public Comments: ^ No comments from the public were received during the public hearing. ^ Members of the Redevelopment and Housing Commission requested clarification of several figures in the draft Action Plan or provided comments regarding typographical errors. Staff provided clarification questions and indicating that typos would be fixed. 4116/08 54 19E-66 CITY OF SANTA ANA DRAFT 2008-2009 ANNUAL ACTION PLAN ATTACHMENT 1 SUMMARY OF 5-YEAR ACCOMPLISHMENTS 19E-67 SUMMARY OF 5-YEAR ACCOMPLISHMENTS 2005-2009 •. ~ -. Housing Needs All Fundin Sources Rental Housing Extremely Low Income 62 4 34 0% - 30% of median income units units 194.1 Units Very Low Income 51 3 246 31 % - 50% of median income units units units 22.0% Low-Income 13 1 50 51 % - 80% of median income units units 28.0% Units Moderate Income 0 p 0 81 % - 120% of median income units units NA Units Code Enforcement 708 621 10,000 Units Units 13.3% Units Section 8 Rental Assistance' 2,475 2,885 2,558 Hshlds Hshlds ° Hshlds 112.8 ~o Owner Housing Extremely Low Income 42 8 30 0% - 30% of median income units units 166.7% Units Very Low Income 26 14 90 31 % - 50% of median income units units units 44.4% Low-Income 3 5 90 51 % - 80% of median income units units units 8.g% Moderate Income 4 1 81 % - 120% of median income units u it 78 6 4% n . units Above Moderate Income 0 0 280 120+% of median income units units 0% units Code Enforcement 2,998 3,590 12,500 Units Units Units 52.7% Homeless Supportive Services 2 1,959 2311 7,500 Individuals Individuals Individuals 56.9% Emergency Shelterz 1,644 979 4,000 Individuals Individuals Individuals 65.6% Transitional Shelter z 107 35 750 Individuals Individuals Individuals 18 9% Permanent Supportive Housing2 0 0 3 Individuals Individuals Individuals 0.0% Homelessness Prevention z 362 194 2,000 Individuals Individuals Individuals 27.8% ail sloe Attachment 7 19E-68 SUMMARY OF 5-YEAR ACCOMPLISHMENTS 2005-2009 •~ ~ ra ~ ~ ~ ~- .. Special Need Elderly s 0.0% v Individuals Individuals Indi duals Frail Elderly a 0 NA Individuals Disabled 0 0 50 0.0% Individuals Individuals Individuals Substance Abuse 0 NA Individuals Persons w/HIV/AIDS a 386 232 1,310 47 2% Individuals Individuals Individuals Community Needs Federal Fundir~ .Sources Onl Public Facilities Senior Centers 0 NA Projects Youth Centers 0 0 2 0 0% Project Projects . .Projects Neighborhood Facilities 0 NA Projects Park/Recreation Facilities 1 1 4 50 0% Projects Projects . Projects Other- Fire Equipment 5 0 4 125 0% Projects Projects . Projects Infrastructure Flood 0 0 2 Drain Projects Projects 0.0% Projects Water Improvements 0 NA Projects Street Improvements 6 1 6 116 7% Projects Projects . Projects Sidewalk Improvements s 0 NA Projects Tree Planting 0 NA Projects Street Lights 0 0 2 0 0% Projects Projects Projects Neighborhood Traffic Light 0 NA Projects Sewer Improvements 0 NA Projects an sloe Attachment 1 19E-69 SUMMARY OF 5-YEAR ACCOMPLISHMENTS 2005-2009 •. ~ Public Services Senior Services 1,275 1,425 5,500 Individuals Individuals ° 49.1 /o Individuals Youth Services 11,609 7,938 50,000 Individuals Individuals 39.1 Individuals Transportation Services 0 NA Individuals Substance Abuse Treatment 128 149 25 Individuals Individuals 1108.0% Individuals Employment Training 0 NA Individuals Anti-Crime 6 275,476 275,476 275,476 Individuals Individuals 100.0% Individuals Childcare 0 NA Individuals Healthccare 0 NA Individuals Other -HIV/AIDS Services ~ 349 430 2,500 Individuals Individuals 31.2% Individuals Other- Low/Mod Persons 12,450 14,822 20,000 Individuals Individuals Individuals 136.4% Other -Persons w/ Mentally 0 0 100 Illness Individuals Individuals Individuals ~ ~% Other -Persons w/ Disabilities 135 155 1,000 Individuals Individuals Individuals 29.0% Accessibility Needs ADA Improvements 6 0 0 0 Projects Projects 0.0°ro Projects Historic Preservation 1 0 3 Residential Historic Preservation unit u it 33 3% n . units Non-Residential Historic 0 0 2 Preservation unit unit Projects 0.0% 4/16/08 Attachment 1 19E-70 SUMMARY OF 5-YEAR ACCOMPLISHMENTS 2005-2009 Economic Development 2 3 20 Commercial Rehabilitation Businesses Businesses 25.0% Businesses 0 0 3 Commercial Infrastructures Businesses eusinesses ° Businesses 0.0 /° Technical Assistance 1,000 1,000 6,000 33.3% Individuals Individuals Individuals Job Training 200 299 2,000 25 0% Individuals Individuals . Individuals Planning 8~ Administration Program Administration 1 Year 1 Year 5 40.0% Years Fair Housing 1,433 902 7,000 33.4% Hshlds Hshlds Hshlds Planning/Neighborhood 0 2 4 Strategic Plans Plans Plans Plans 50.0% Other 108 Loan Repayment 1 1 1 200.0%'' Payment Payment Pavment 1. Section 8 statistics for tracking purposes only. Section 8 Rental Assistance is not funded with HUD CPD funding. 2. "Actuals" are Santa Ana residents only -does not include regional efforts supported with HOPWA funds. 3. Goals and accomplishments are included in housing goals/accomplishments. 4. Includes Short-term RentlUtility Assistance, Transitional Housing and Tenant Based Rental Assistance. 5. Sidewalk improvements are typically undertaken with street improvement projects. 6. Accomplishment represents all Low/Mod residents residing in the City's CDBG-eligible area. 7. Services funded with HOPWA and are Countywide 8. See ADA Improvements under Public Facility Improvements. ansios 4 Attachment 1 19E-71 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN ATTACHMENT 2 POTENTIAL RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENT 2008-2009 4/16/08 Attachment 2 19E-72 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN ATTACHMENT 2 POTENTIAL RESOURCES AVAILABLE FOR HOUSING & COMMUNITY DEVELOPMENT 2008-2009 -• r • FEDERAL RESOURCES: This is an entitlement program that is awarded Social Services Community Development to the City on a formula basis. The objectives ' Section 108 Loan Block Grant (CDBG) are to fund housing activities and expand Repayments economic opportunities. Projects must meet ^ Public Facilities $6,818 885 one of three national objectives: benefit low- Improvements , (plus program income) and moderate-income persons; aid in the ^ Code Enforcement prevention or elimination of slums or blight; or Historic Preservation meet other urgent needs ^ Admin. & Plannin Grant program for housing to expand the HOME Investment supply of decent, safe, and sanitary affordable Multi-Family Partnership (HOME) Program housing. HOME is designed as a partnership Acquisition/Rehabilitation program between the federal, state, and local ^ Single-Family Moderate $2,367 607 governments, nonprofit and for-profit housing Rehabilitation. , (plus program income) entities to finance, build/rehabilitate and ^ CHDO Assistance manage housing for lower-income owners and Program Administration renters Emergency Shelter Grant (ESG) Annual grant funds are allocated on a formula Homelessness basis. Funds are intended to assist with the Prevention $304,972 provision of shelter and social services for the ^ Essential Services lus re ro rammed funds) homeless Operating Expenses Housin O ortunities for g pp Funds are allocated to Santa Ana on behalf of Rental Assistance Persons with AIDS (HOPWA) all jurisdictions in Orange County. Funds are made available countywide for supportive Supportive Social $1 402 000 social services, affordable housin g Services , , develo ment, & rental assistance Pro ram Administration 9 American Dream Downpayment Initiative (ADDI) Funds for first-time homebu er assistance ^ Down payment and and first-time homebu er trainin Y 9 closing cost assistance $12,648 JTPA is to provide economically Workforce Investment Act disadvantaged Santa Ana youths and Vocational Training unskilled adults with basic work skills and $3 350 000 vocational training in order to obtain On-the Job Training , , productive employment opportunities. The ' ESL and GED Santa Ana Private Industry Council serves Preparation Courses a roximatel 1,000 residents 4/16/08 Attachment 2 19E-73 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN • i Rental assistance program that provides a subsidy to very low-income families, Housing Choice Vouchers individuals, seniors and the disabled. Participants pay 30 /° of their adjusted income Rental Assistance $26,256,000 toward rent. The Santa Ana Housing Authority pays the balance of rent to property owners, and administers the program - 2,500 vouchers Program encourages the investment of private Low Income Housing Tax capital for the creation of affordable rental New Construction Credit (LIHTC) housing for low-income households. Tax ^ Housing Rehabilitation credits are available to individuals and Acquisition cor orations who invest in such ro'ects ^ Job Training Empowerment Zone A flexible funding source available to address ~ Education $0 the needs of City residents with incomes at or Health Services ^ below poverty level. Small Business Loans (Continue to use prior year funds.) ^ Housing Rehabilitation ^ Youth Activities STATE RESOURCES California Department of Housing & Community Low interest loans for the development of Development: Pre- affordable housing with nonprofit agencies Predevelopment Loans ^ develo ment Loan Pro ram California Department of Housing & Community ^ First-time Homebuyer Development: CaIHOME Financing for housing programs Assistance Program Ownership and Rental housing projects $600,000 CITY OF $ANTA ANA RESOURCES Funds received from increased property taxes Residential Rehab Loans Santa Ana Redevelopment generated by property improvements . Agency Low Income Housing sponsored by the Agency's six redevelopment Replacement Housing Set-Aside Fund project areas. Twenty percent (20%) of these Neighborhood property tax funds must be set aside for the Improvement Programs $15,000,000 development, preservation, or rehabilitation of ' Neighborhood Capital affordable housin Projects The City allows an increase in density to Density Bonus developers who set-aside at least 25% of their Density Bonus ro'ect to low- and moderate-income ersons The Community Development Agency and Tax Exem t Bonds p Housing Authority have the authority to issue ^ Housing Development tax-exempt bonds. Bond proceeds are used to develo affordable housin If available and appropriate, City or City/Agency Owned Land Redevelopment Agency owned land might be ^ Housing made available. ATTACHMENT 2 4/16/08 19E-74 CITY OF SANTA ANA 200 8-2009 ANNUAL ACTION PLAN ~ i ~ PRIVATE RESOURCES 1. Community Home Buyer Program -Fixed rate mortgages 2. Community Home Improvement Mortgage HomebuyerAssistance Federal National Mortgage Program -Mortgages for both purchase ^ Homebuyer Assoc. (Fannie Mae) and rehabilitation of a home 3. Fannie Neighbor -Under served low- Assistance/Rehab income minorities are eligible for low ^ Expand Home Ownership for Minorities down-payment mortgages for the California Community urchase of sin le famil homes Nonprofit mortgage banking consortium that Reinvestment Corp. pools resources to reduce lender risk in ' New Construction CCRC financin affordable housin ^ Rehabilitation Federal Home Loan Bank Direct subsidies to nonprofit and for-profit New Construction Affordable Housing Program developers, and public agencies for affordable ^ Expand Home Ownership low-income ownership and rental projects for Lower Income P Orange Count Afford bl ersons y a e Housing Clearinghouse Nonprofit lender consortium ' Construction Financing ^ Permanent Financin 4/16/08 Attachment 2 19E-75 CITY OF SANTA ANA 2008-2009 ANNUAL ACTION PLAN ATTACHMENT 3 4/16/08 LISTING OF PROPOSED PROJECTS 2008-2009 Attachment 3 19E-76 ~PMP~a~<,~~ ~ ~ Grantee Name: Santa Ana Project Name: 211 Oran e Count Description: IRIS Project #: uOG Code: CA63342 SANTA ANA 2-1-1 Orange County will provide 24/7 a comprehensive information and referral system that links Santa Ana residents to community health, human services and disaster support services. Program qualifies as a public service for low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cat. ory Citywide Select one: Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons. 6/30/2009 0 jedive ategory 0 Decent Housing Suitable Living Environment E conomic Opportunity S ecific-Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ Q A il va ability/Accessibility ^ Affordability 2 ~ ^ Sustainability ~ 3 ~ O1 People ~ ~ Proposed 8,500 Accompl. Type: ', ~ _ = Underway ~ ~ Complete ~ Accompl. Type: ' ~ Accompl. Type: ~ U a~ a 'o E d ~ Accompl. Type: ~ Accompl. Type: ! ~ a Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) i ~ Matrix Codes ~ - _._- Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ a, I CDBG Proposed Amt. Actual Amount Fund Source: ~ L } Fund Source: i Accompl. Type: O d Accompl. Type: Fund Source: Accompl. Type: Accompl. Type: 4/9/os Project (1) Attachment 3 19E-77 CPMP Version ~_~ Grantee Name: Santa Ana Project Name: Achievement Institute of Scientific Studies Description: IDIS Project #: UOG Code: CA63342 SANTA ANA Program aims to help students gain understanding of theory and its application in the real world of biology, engineering and its use of technology. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 {a) (2). Location: Priori Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children 6/30/2009 . jective ategory Decent Housing 0 Suitable Living Environment 0 Economic O t i ppor un ty S ecific Oh edives Outcome Categories 1 Improve the services for low/mod income persons ~ 0 Availability/Accessibili ty ^ Affordability 2 ~ ^ Sustainability 3 `~~ ~ O1 People ~ Proposed 20 Accompl. Type: ~ _ = Underway ~ Complete H Accompl. Type: ~ Accompl. Type: ~ V a~ a 'o E d a Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome Improve pre-test/post tests by Compare pre-program and post- 50% program scores 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~' ~ Matrix Codes ~ Matrix Codes i ~ Matrix Codes ~ - --- - ~ CDBG ~ ~ Proposed Amt. $ 9,000 Fund Source: ~ L Actual Amount 10 ~ Fund Source: ~ Fund Source: ~ l: i Accompl. Type: ~ Accompl. Type: i ~ ~ O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (2) Attachment 3 19E-78 CPMP Version ~_~ Grantee Name: Santa Ana Project Name: AIDS Services Foundation Description: IDIS Project #: UOG Code: CA63342 SANTA ANA ASF's Nutrition Services Program will provide nutrition services, including a Food Pantry, to low-income individuals living with HIV/AIDS in Santa Ana. Program qualifies as a public service for low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate ory Citywide Select one: Homeless/HIV/AIDS ~ Explanation: Expected Completion Date: Activity will help the City provide quality services and housing opportunities for 6/30/2009 individuals with HIV/AIDS jective ategory Decent Housing Suitable Living Environment Economic O ortuni pp ty Specific Ob actives Outcome Categories 1 Increase range of housing options & related services for persons w/ special needs ~ Availability/Accessibili ty ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People ~ Proposed 150 Accompl. Type: ~ ~ = Underway Complete H Accompl. Type: ~ Accompl. Type: ~ U . d a 'o E d a Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Pertormance Measure Actual Outcome 50% of individuals/families Verify % of individuals/families that are receiving assistance will be linked assisted w/ HOPWA and are referred to to one or more additional support additional services services and/or a ro riate 03T Operating Costs of Homeless/AIDS Patients Programs ! ~ Matrix Codes ~ Matrix Codes j ~ --- - Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ ~ Fund Source: ~ ~ Proposed Amt. $ __ ___ __ 5,000 Fund Source: ~ ~ L Actual Amount } Fund Source: ~ Fund Source: I ~ i Accompl. Type: ~ Accompl. Type: ~ Of O a Accompl. Type: ~ Accompl. Type: ~ $/9/~$ Project (3) Attachment 3 19E-79 Grantee Name: Santa Ana CPMP Version 2(1 Project Name: America On Track -Oran a Count on Track Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funding to support Kids on Track Through Mentoring program - an after-school program that provides a support system for children. Program focuses on the prevention of gang involvement and drug use, conflict resolution education and leadership opportunities. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jective ategory Decent Housing 0 Suitable Living Environment Economic Opportunity ~ S ecific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q A il b l va a i ity/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People I ~ Proposed 120 Accompl. Type: i ~ = Underway ~ O Complete N Accompl. Type: ~ Accompl. Type: ~ v . 0 11 ~O ~ d ~ Accompl. Type: ~ Accompl. Type: ~ a Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment OSD Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes i ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG i ~ f Proposed Amt. $ 14,000 Fund Source: ~ r` Actual Amount r0 ~ Fund Source: ~ Fund Source: I ~ i Accompl. Type: ~ Accompl. Type: ~ D1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (4) Attachment 3 19E-80 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Assistance Lea ue of Santa Ana Description: IDIS Project #: UOG Code: CA63342 SANTA ANA Operation School Bell will provide district mandated school uniforms, shoes, socks, underwear, a backpack filled with school supplies and a health kit to low-income elementary students enrolled in Santa ..Ana Unified School District Schools. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/20079 jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ A l l vai abi ity/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People ~ Proposed 1,300 Accompl. Type: ~ _ C Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ U O f3. ~O d ~ Accompl. Type: ~ Accompl. Type: i ~ a Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ! ~ Matrix Codes ~ --__ _. Matrix Codes ~ Matrix Codes ~ ~ CDBG ' ~ ~ Proposed Amt. $ 20,000 Fund Source: ~ ~ i Actual Amount R } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ Of O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (5) Attachment 3 19E-81 CPMP Version ~ ~ Grantee Name: Santa Ana Project Name: Blind Children's Learnin Center Description: IDIS Project #: UOG Code: CA63342 SANTA ANA The Infant Family Focus/Counseling program serves blind children from birth to three years of age and their families . Children receive play therapy and youth and families receive individual, marital, and family counseling. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priorit Need Catego Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services to youth and children. 6/30/2009 jective Category Decent Housing Suitable Living Environment Economic O it t ppor un y S ecific Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibili ty ^ Affordability 2 ~ ^ Sustainability 3 ~ O1 People ~ Proposed 55 Accompl. Type: ~ _ = Underway Complete H Accompl. Type: ~ Accompl. Type: ~ V m a 'o ~ d Q Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ - --------- Matrix Codes __ __- _ _ j ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 18,500 Other ~ L Actual Amount IO } Fund Source: ~ Fund Source: ~ ~ i Accompl. Type: ~ Accompl. Type: ~ p1 O a Accompl. Type: ~ Accompl. Type: I ~ a/9/os Project (6) Attachment 3 19E-82 Grantee Name: Santa Ana CPMP Version ?.0 Project Name: Bower's Museum -Kidseum Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG will fund the Kidseum After School Learning Center, which provides a safe and secure environment, where children receive homework tutoring and free lessons in studio art, creative writing, dance, piano and photography. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need Cate ory Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Q Economic Opportunity Specific Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ A il l va abi ity/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People ~ Proposed 60 Accompl. Type: ~ _ C Underway ~ ~ Complete H O1 People ~ Accompl. Type: ~ U CI fl. ~O ~ d v Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes it ~ Matrix Codes ~ ~ CDBG ', ~ ~ Proposed Amt. $ 5,000 Fund Source: ~ ~ Actual Amount R } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ Of O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (7) Attachment 3 19E-83 ~PMP vA~r~,,,, , ~ Grantee Name: Santa Ana Project Name: Bo s & Girls Club of Santa Ana Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support summer Youth Outreach Program, which will provide a day camp experience for youth out of school for the summer break. Activities include swimming lessons, tennis lessons, computer on-line safety classes, and weekly field trips. Program qualifies as a public service for Low/Mode at -I r e ncome Clientele per 24 CFR 570.208 (a) (2). Location: Citywide Priori Need Cate ory Select one: Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 0 jective ategory Decent Housing Suitable Living Environment ~ Economic Opportunity S Ific 06 ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 - ~ O1 People I ~ Proposed 350 Accompl. Type: ~ C Underway j ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ V a a 'o ~ L d Q Accompl. Type: ~ Accompl. Type; ~ Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ 'Matrix Codes Matrix Codes ~ Matrix Codes -- - Matrix Codes ~ ~ Matrix Codes _ - _ _ ~ ~ CDBG i ~~ Proposed Amt. $ 40,000 Fund Source: i ~ L Actual Amount i0 } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ OI O a Accompl. Type: ~ Accompl. Type: ~ 4/9/oa Project (8) Attachment 3 19E-84 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Cambodian Famil Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support academic, leadership, and career building activities. Academic activities focus on tutoring and study skills. Leadership activities focus on learning responsibility and performing community service. Career activities give students the opportunity to explore career alternatives and create dreams for the future. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality social services for L/M persons. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ H O1 People ~ Proposed 130. Accompl. Type: ~ ~ *' C Underway ~ ~ t Complete Accompl. Type: ~ ~ Accompl. Type: ~ ++ v - d ~ O L d V Accompl. Type: ~ Accompl. Type: ~ V Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ - - -- Matrix Codes ~ ~ .Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 25,000 Fund Source: ~ i Actual Amount R ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: , ~ Of O i3 Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (9) Attachment 3 19E-85 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Career Be innin s Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG will fund Career Beginnings program, which matches primarily minority students from L/M income families within Santa Ana Unified School District with professionals and leaders from the community who volunteer for twelve months. The role of the Mentors is to ensure that Mentees graduate from high school and make thoughtful post-secondary choices. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) 2. Location: Priori Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 45 Accompl. Type: ~ ~ +~ - C Underway ~ d Complete = Accompl. Type: ~ Accompl. Type: ~ *+ V- v - a~ a 'o ~ L d u Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ' ~ Matrix Codes ~ Matrix Codes ' ~ Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ ~ CDBG~~~ Proposed Amt. $ 15,000 Fund Source: ~ L Actual Amount ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O1 O L' a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (10) Attachment 3 19E-86 CPMP Version ~.~ Grantee Name: Santa Ana Project Name: Cit of Santa Ana CDA - ADDI 1st Time Homebu er Assistance Description: IRIS Project #: uOG Code: CA63342 SANTA ANA Downpayment assistance for qualified first time homebuyers. Location: Citywide Priori Need Cate ory Select one' Owner Occupied Housing ~ Explanation: Expected Completion Date: Activity will help increase the number of homeowners in the City. 6/30/2009 jective Category Decent Housing Suitable Living Environment Economic O ortuni pp ty S eclfic Ob'ectlves Outcome Categories 1 Improve access to affordable owner housing ~ ^ Availability/Accessibili ty Q Affordability 2 ~ ^ Sustainability 3 ~ ~ 10 Housing Units ~ Proposed 1 Accompl. Type: ~ ~ _ C Underway ~ Complete y Accompl. Type: i ~ Accompl. Type: i ~ U a~ a 'o E L d a Accompl. Type: ~ Accompl. Type: i ~ Pro osed Outcome Performance Measure Actual Outcome Increase % of homeowners in the Compare number of owner vs renter City units 13 Direct Homeownership Assistance 570.201(n) ! ~ Matrix Codes ~ Matrix Codes ~ '~ Matrix Codes _ _ _ ~- - ~ Matrix Codes I ~ , M atrix Codes ~ ~ HOME ~ Proposed Amt. $ 12,648 Fund Source: I ~ L Actual Amount ~ Fund Source: ~ ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ Of O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (11) Attachment3 19E-87 CPMP Varcinn ~ ~ Grantee Name: Santa Ana Project Name: Ci of Santa Ana CDA -CDBG Admin 08 Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG program oversight and coordination. Location: Priority Need Cate ory 20 Civic Center Plaza Santa Ana CA 92701 Select one' Planning/Administration ~ Explanation: Expected Completion Date: Activity needed to ensure appropriate oversight and coordination of federal funds 6/30/2009 subject to the Con Plan. jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Qb actives Outcome Categories 1 ~ ^ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ Accompl. Type: ~ Proposed NA Accompl. Type: ', ~ *' C Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ v - a~ a 'o E L d v Accompl. Type: ~ Accompl. Type: ~ U a Pro osed Outcome Performance Measure Actual Outcome Maintain prgm admin @ a level to Review HUD monitoring reports. ensure no HUD findings 21A General Program Administration 570.206 ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~i Proposed Amt. $ 775,000 Fund Source: ~ L Actual Amount R ~ Fund Source: ~ Fund Source: ~ ~ i Accompl. Type: ~ Accompl. Type: ~ 01 O a Accompl. Type: ~ Accompl. Type: ~ n/9/os Project (12) Attachment 3 19E-88 f'.PMP Varcinn ~ ~ Grantee Name: Santa Ana Project Name: Cit of Santa Ana CDA -CDBG Multi-Famil Housin Rehab Description: IRIS Project #: uOG Code: CA63342 SANTA ANA CDBG funding to assist property owners in rehabilitating their rental property. The purpose of the program. is to stabilize and improve multi-family rental housing stock in the city. One area of criteria for eligibility is that property owners must agree affordability. Program qualifies as for Low/Moderate-Housing per 24 CFR 570.208 (a) (3). Location: Priori Need Cate o Citywide Select one: Rental Housing ~ Explanation: Expected Completion Date: Activity will help preserve the existing supply of rental housing. 6/30/2009 jective ategory Q Decent Housing Suitable Living Environment Economic O t i ppor un ty S ecific Ob actives Outcome Categories 1 Improve the quality of affordable rental housing ~ ^ Availability/Acce ibili ss ty Affordability 2 ~ ^ Sustainability 3 ~ 10 Housing Units ~ Proposed 25 Accompl. Type: ~ _ C Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ v a~ a 'o ~ L d Q Accompl. Type: ~ Accompl. Type: j ~ Pro osed Outcome Performance Measure Actual Outcome At least 40% of rehab loan to be Review work write-up and calculate expended on code related items amount for code work 146 Rehab; Multi-Unit Residential 570.202 i ~ ~ Matrix Codes ~ - -- - ---- - Matrix Codes ! ~ Matrix Codes ~ ------------------- Matrix Codes i ~ Matrix Codes ~ ~ CDBG L R ~ Fund Source: i Accompl. Type: O a Accompl. Type: 4/9/08 Proposed Amt. $ 200 Actual Amount Fund Source: ~ Fund Source: ~ ~ Accompl. Type: Accompl. Type: Project (13) Attachment 3 19E-89 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: ESG Admin - ESG08 Description: IRIS Project #: UOG Code: CA63342 SANTA ANA ESG program oversight and coordination. Activities include reviewing quarterly reports, processing payment requests, on-site monitoring and other direct program oversight costs. Location: Priori Need Cate ory Citywide Select one• Planning/Administration ~ Explanation: Expected Completion Date• Activity needed to ensure appropriate oversight and coordination of federal funds 6/30/2009 subject to the Con Plan. jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ecti~es Outcome Categories 1 End chronic homelessness ~ ^ Availability/Accessibility ^ Affordability 2 Increase the number of homeless persons moving into permanent housing ~ ^ Sustainability 3 ~ ~ Accompl. Type: ~ Proposed NA Accompl. Type: ~ +' C Underway ~ ~ Complete t Accompl. Type: ~ H Accompl. Type: ~ ++ U ~ a 'o E L d v Accompl. Type: ~ Accompl. Type: ~ a Pro osed Outcome Performance Measure Actual Outcome Maintain prgm admin @ a level to Review HUD monitoring reports. ensure no HUD findings 21A General Program Administration 570.206 ~ ;Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ - -._ _._ Matrix Codes ~ Matrix Codes ~ a ESG ~~~ Proposed Amt. $ 7,247 Fund Source: ~ ~ z. Actual Amount ~ Fund Source: ~ ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ pf O a Accompl. Type: ~ Accompl. Type: ~ 4/9/0$ Project (14) Attachment 3 19E-90 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Cit of Santa Ana CDA -HOME Admin 08 Description: IDIS Project #: UOG Code: CA63342 SANTA ANA HOME funds to support program oversight and coordination Location: Priorit Need Cata ory 20 Civic Center Plaza, Santa Ana CA Select one' Planning/Administration ~ Explanation: Activity needed to ensure appropriate oversight and coordination of federal funds 6/30/2009 subject to the Con Plan. jective ategory 0 Decent Housing Suitable Uving Environment Economic Opportunity S eciflc Ob actives Outcome Categories 1 ~ ^ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ Accompl. Type: ~ Proposed NA Accompl. Type: ~ C Underway ~ d Complete H Accompl. Type: ~ Accompl. Type: ~ U ~ a 'o E d u Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Maintain prgm admin @ a level to Review HUD monitoring reports. ensure no HUD findings 21H HOME Admin/Planning Costs of PJ (subject to 5% ca p ~ Matrix Codes ~ Matrix Codes I~~ ~ 'Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes _ __ - __ ~ M HOME ~ Proposed Amt. $ 236,760 Fund Source: ~ L Actual Amount R ~ Fund Source: ~ ~ Fund Source: ~ ~ i Accompl. Type: ~ Accompl. Type: ~ O1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (15) Attachment3 19E-91 CPMP Version ~.n Grantee Name: Santa Ana Project Name: Cit of Santa Ana CDA -.HOME CHDO Project Description: IRIS Project #: UOG Code: CA63342 SANTA ANA HOME funds to undertake acquisition and/or rehabilitation assistance. Project to be determined; however, project partner will be a community housing development corporation (CHDO). Location: Priority-Need Cate ory To be determined Select one: Rental Housing ~ Explanation: Expected Completion Date: Activity will help the City expand the supply of rental housing that is affordable to 6/30/2009 lower income households. jedive ategory Decent Housing Suitable Living Environment Economic O rt ppo unity S ecific Ob ectives Outcome Categories 1 Increase the supply of affordable rental housing ~ ^ Availabilit /Acc ibili y ess ty Q Affordability 2 Improve the quality of affordable rental housing ~ ^ Sustainability 3 Improve access to affordable rental housing ~ ~ 10 Housing Units ~ Proposed 5 Accompl. Type: ~ ~ _ C Underway j O Complete y Accompl. Type: ~ ~ Accompl. Type: i ~ v . a~ a 'o ~ L d Q Accompl. Type: ~ Accompl. Type: I ~ Pro osed Outcome Performance Measure Actual Outcome At least 40% of rehab loan to be Review work write-up and calculate expended on code related items amount for code work 146 Rehab; Multi-Unit Residential 570.202 ! ~ Matrix Codes ~ Matrix Codes i ~ Matrix Codes ~ Matrix Codes _ ~ i Matrix Codes ~ ~ HOME ~ Proposed Amt. $ 355,142 Fund Source: ~ i Actual Amount f0 ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ Of O a Accompl. Type: ~ Accompl. Type: ~ 4/9/06 Project (16) Attachment 3 19E-92 Grantee Name: Santa Ana CPMP Version J.tl Project Name: Clt of Santa Ana CDA -HOME Multi-Famil Ac uisition or Rehab Description: IDIS Project #: UOG Code: CA63342 SANTA ANA HOME funds to undertake acquisition and/or rehabilitation assistance. Project to be determined; however, project partner may be a community housing development corporation (CHDO). Location: Priorit Need Cate ory Citywide Select one: Rental Housing ~ Explanation: Expected Completion Date: Activity will help the City expand the supply of rental housing that is affordable to 6/30/2009 lower income households. jedive ategory Decent Housing Suitable Living Environment ~ Econ i O i om c pportun ty S eCific Objectives Outcome Categories 1 Increase the supply of affordable rental housing ~ ^ Availabili /A ibili ty ccess ty ^ Affordability 2 Improve the quality of affordable rental housing ~ i ^ Sustainability 3 Improve access to affordable rental housing ~ .~ ~ 10 Housing Units ~ Proposed 10 Accompl. Type: ~ _ C Underway ~ £ Complete ~ Accompl. Type: ~ Accompl. Type: ~ v . d a 'o ~ d a Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome At least 40% of rehab loan to be Review work write-up and calculate expended on code related items amount for code work 146 Rehab; Multi-Unit Residential 570.202 Matrix Codes Matrix Codes M HOME ~ Proposed Amt. L Actual Amount R ~ Fund Source: ~ i Accompl. Type: ~ O a Accompl. Type: ~ ~ Matrix Codes ~ ~ I Matrix Codes ~ ~ Matrix Codes ~ 5,705 ~ Fund Source: I ~ Fund Source: Accompl. Type: Accompl. Type: ~ ~ 4/9/oa Project (17) Attachment 3 19E-93 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Clt of Santa Ana CDA -HOME Sin le Famil Housin Rehab Description: IRIS Project #: UOG Code: CA63342 SANTA ANA HOME funds for rehabilitation of housing occupied and owned by lower income households. Funds will be used to correct code deficiencies and deferred maintenance. Location: Priority Need Gate ory Citywide Select one' Owner Occupied Housing Explanation: Expected Completion Date: Activity will help the City maintain the stock of owner-occupied housing that is 6/30/2009 affordable to lower income households. 0 jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecifec Ob actives Outcome Categories 1 Improve the quality of owner housing ^ Availability/Accessibility Affordability 2 • ^ Sustainability 3 ~ 10 Housing Units • Proposed 20 Accompl. Type: • = Underway ~ O Complete H Accompl. Type: • Accompl. Type: • v - O a 'o E d ~ Accompl. Type: • Accompl. Type: • a Pro osed Outcome Performance Measure Actual Outcome At least 40% of rehab loan to be Review work write-up and calculate expended on code related items amount for code work 14A Rehab; Single-Unit Residential 570.202 • Matrix Codes Matrix Codes ' • Matrix Codes - __ _ __ Matrix Codes ~ • ,Matrix Codes • ~ HOME ~•~ Proposed Amt. $ 450,000 Fund Source: i • L Actual Amount R } Fund Source: • Fund Source: • i Accompl. Type: • Accompl. Type: • Of O a Accompl. Type: • Accompl. Type: ~ • a/9/o8 Project (18) Attachment 3 19E-94 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Clt of Santa Ana CDA - HOPWA Admin 08 Description: IDIS Project #: UOG Code: CA63342 SANTA ANA Federal funds to be used to coordinate and oversee Housing Opportunities for Persons with AIDS funds that are allocated to the City on behalf of the entire County. Location: Priori Need Category Countywide Planning/Administration ~ Select one: Explanation: • Activity needed to ensure appropriate oversight and coordination of federal funds Expected Completion Date subject to the Con Plan. 6/30/2009 jectrve ategory Decent Housing Suitable laving Environment Economic Opportunity 5 'ecific Ob ectives Outcome Categories 1 Increase range of housing options & related services for persons w/ special needs ~ Availability/Accessibility ^ Affordability ~ 2 ^ Sustainability 3 ~ Accompl. Type: ~I ~ Proposed NA Accompl. Type: ~ C Underway ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ V d a d ~ Accompl. Type: ~ Accompl. Type: ~ U Q Pro osed Outcome Performance Measure Actual Outcome Maintain prgm admin @ a level to Review HUD monitoring reports. ensure no HUD findings 316 Administration -grantee I ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ Matrix Codes HOPWA I _ Proposed Amt. $ 42,060 Fund Source: ~ ~ i Actual Amount ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ D1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (19) Attachment 3 19E-95 rPMp ~a <;~~ ~ ~ Grantee Name: Santa Ana Project Name: CI of Santa Ana CDA - HOPWA Housin Develo ment Description: IRIS Project #: uoG Code: CA63342 SANTA ANA HOPWA funds to support the development of new housing opportunities for individuals living with HIV and/or AIDS. The City will be using 08-09 funds and funds from prior years to fund this activity. Location: Priority Need Cat o Countywide -location to be determined Select One' Homeless/HIV/AIDS ~ Explanation: Expected Completion Date: Activity will help the City provide quality services and housing opportunities for 6/30/2009 individuals with HIV/AIDS O jective ategory Decent Housing Suitable Living Environment Econo i O t i m c ppor un ty S eclfic Ob'ectives Outcome Categories 1 Increase range of housing options & related services for persons w/ special needs ~ Availabili /A ibili ty ccess ty ^ Affordability 2 ~ ^ Sustainability 3 ~ y 10 Housing Units ~ Proposed 5 Accompl. Type: . ~ _ C Underway ~ ~ Complete y Accompl. Type: ! ~ Accompl. Type: ~ U d a 'o E d Q Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome 50% of individuals/families Verify 50% of individuals/families that receiving assistance will be linked are assisted w/ HOPWA and are to one or more additional support referred to additional services services and/or appropriate housin 31J Facility based housing -development ~ !Matrix Codes ~ Matrix Codes ~ 'Matrix Codes ~ - -.._.- Matrix Codes ~ Matrix Codes ~ ~ HOPWA ~ Proposed Amt. $ 110,290 Fund Source: ~ L Actual Amount ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O1 O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (20) Attachment 3 19E-96 CPMP Version ~_~ Grantee Name: Santa Ana Project Name: CI of Santa Ana CDA - HOPWA Su ortive Services Description: Ibis Project #: UOG Code: CA63342 SANTA ANA HOPWA funds to provide a variety of services for individuals with HIV and AIDS on a county-wide basis. Services include emergency housing assistance, transitional housing, detox services and housing, placement. Location: Priorl Need Cate ory Countywide Select one' Homeless/HIV/AIDS ~ Explanation: Expected Completion Date: Activity will help the City provide quality services and housing. opportunities for 6/30/2009 individuals with HIV/AIDS jective ategory Decent Housing Suitable Living Environment Economi O t i c ppor un ty S ecific Ob ectives Outcome Categories 1 Increase range of housing options & related services for persons w/ special needs ~ ^~ Availabili /A ibili ty ccess ty ^ Affordability 2 ~ ^ Sustainability I 3 ~ J ~ O1 People i ~ Proposed 900 Accompl. Type: ~ ~ _ C Underway ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ v - a~ a 'o E d Q Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome 90% of individuals/families Verify 50% of individuals/families that receiving assistance will be linked are assisted w/ HOPWA and are to one or more additional support referred to additional services services and/or appropriate housing 31E Supportive service ~ ~ Matrix Codes ~ Matrix Codes ~~ ~ Matrix Codes ~ Matrix Codes ~ i Matrix Codes ~ ~ HOPWA ~ Proposed Amt. ~ Actual Amount ~ Fund Source: ~ i Accompl. Type: ~ p1 O L Accom I T e ~ a P • YP 824,650 ~ Fund Source: Fund Source: I~ Accompl. Type: Accompl. Type: 4/9/os Project (21) Attachment 3 19E-97 ~PMO ~P ~;~~ ~ ~ Grantee Name: Santa Ana Project Name: CI of Santa Ana CDA - HOPWA Tenant Based Rental Assistance Description: IDIS Project #: UOG Code: CA63342 SANTA ANA HOPWA funds to support rent subsidy program for individuals/families with HIV/AIDS. Location: Priority Need Category Countywide Select one' Homeless/HIV/AIDS ~ Explanation: Expected Completion Date: Activity will help the City provide quality services and housing opportunities for 6/30/2009 individuals with HIV/AIDS jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Objectives Outcome Categories 1 Increase range of housing options & related services for persons w/ special needs ~ ^ Availability/Accessibility ^~ Affordability 2 ~ i ^ Sustainability 3 ~ ~ O1 People ~ Proposed 50 Accompl. Type: ~ ~ _ C Underway ~ O Complete H Accompl. Type: ~ Accompl. Type: ~ U O a 'o ~ d u Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 100% of individuals/families Verify 40% of individuals/families that receiving assistance will be linked are assisted w/ HOPWA and are to one or more additional support referred to additional services services and/or appropriate housing 31F Tenant based rental assistance ~' ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~„~ HOPWA ~ Proposed Amt. $ 425,000 Fund Source: ~ ~ i Actual Amount R ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ 01 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (22) Attachment 3 19E-98 f'.PMP Varcinn ~„ Grantee Name: Santa Ana Project Name: CI of Santa Ana CDA -Nei hborhood S onsored Pro'eCts Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to provide capital improvements within CDBG-eligible areas of the city. Program qualifies as for Low/Moderate-Area Benefit per 24 CFR 570.208 (a) (1). Location: Priori Need Cate o Location: To be determined -will be located in L/M area. Select one' Public Facilities ~ Explanation: Expected Completion Date9 Activity will help revitalize deteriorated or deteriorating neighborhoods. 6/30/2009 jective ategory Decent Housing Suitable Living Environment 0 Economic O ortuni pp ty S ecif7c Ob'ectives Outcome Categories 1 Improve quality /increase quantity of neighborhood facilities for low-income persons ~ ^ Availability/Accessibility ^ Affordability 2 Improve quality /increase quantity of public improvements for lower income persons ~ ^ Sustainability 3 ` ~ I ~ 11 Public Facilities ~ ~ Proposed 1 Accompl. Type: ~ _ ~ Underway ~ ~ Complete y Accompl. Type: ~ Accompl. Type: ~ ~ U a~ a 'o E d a Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome Improve the viability of L/M Eliminate deteriorated facility or neighborhoods by eliminating 1 or infrastructure in response to residents' more substandard or deteriorated i nput. infrastructure components 03 Public Facilities and Improvements (General) 570.201(c) Matrix Codes Matrix Codes ~ Matrix Codes ~ Matrix Codes j ~ Matrix Codes 50 u ~ ~ CDBG __ ~~~i Proposed Amt. L Actual Amount i0 ~ Fund Source: ~ i Accompl. Type: ~ O a Accompl. Type: ~ 000 I Fund Source: ~ Fund Source: ~ Accompl. Type: ~ Accompl. Type: ~ a/9/o$ Project (23) Attachment 3 19E-99 ~pMP ~a ~;~~ , „ Grantee Name: Santa Ana Project Name: Clt of Santa Ana PBA -Code Enforcement 08 Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to provide professional inspections to ensure compliance with the Municipal Code in order to maintain safety standards in target areas of the city, and to provide the necessary link to the City's multi-family rehabilitation program. Program qualifies as for Low/Moderate-Area Benefit er 24 CFR 57 p 0.208 (a) (1). Location: Priority Need Cate o Low/Mod Areas -see Census Tract/Block Group in "Explanation" Select one' Owner Occupied Housing ~ Explanation: Low/Mod Areas: County: 06059: Cr:099249 BG:1,2 / Ci:099248 BG:1,2 / CT:099247 BG:1,2 / CT:099202 BG:2 3 / Ci:089105 BG:1 2 3 / CT 08 Expected Completion Date: , , , : 9104 BG:1,3 / CT:089004 BG:1,2,3 / CT:089001 BG:2,3,4 / CT:089104 BG:3 / CT:088903 BG:3 / CT:076000 BG:2 / CT:075701 BG:2,3 / CT:075504 BG:1 / CT:075404 BG:1,3 / CT:075403 BG:2 3 / CT:075302 BG 1 2 6/30/2009 , : , ,3 / CT:075301 BG:1,4 / Cr:075202 BG:1,2 / CT:075201 BG:1,2 / cr:o7sloo BG:1,z,a / CT:074004 BG:1,2 / Cr:075003 BG:1,2,3 / Ci:075002 BG1,2,3 / CT:074902 BG:1 2 3 / bjective ategOry O Decent Housing O Suitable Living Environment , , CT:074806 BG:1,2 / CT:074805 BG:1,2 / CT:074803 BG:1,2,3 / CT:074802 BG:1,2,3 / CT:074801 BG:1,2,3 / CT:074702 BG:1,2 / CT:074701 BG:1,2,3 / Cr:074502 BG:1,2 / CT:074501 BG:1,2,3,4 / CT:074407 BG:1 / CT:074406 BG:1,2,3 / CT:074405 BG:1,2,3,4 / Cr:074403 BG:1,2 /CT:074300 BG:1,2 / CT:074200 BG:1,2,3,4 / CT:074111 BG:3 / CT:074109 BG:1,2 / CT:074108 BG:1,2 / CT:074106 BG:1,3 / CT:074103 BG2,3 / Ci:074102 BG:1,2,3 / CT:074006 BG:1 2 3 / CT:074005 BG 1 2 3 O Economic Opportunity , , : , , / Cr:74004: BG:1,2 / Ci:074003 BG:1 / CT:074003 BG:1 / CT:074901 BG:1,2,3,4,5 / Ci:074602 BG:1,2,3,4,5 / CT:074601 BG:1,2,3,4,5 / CT;089102 r' ""T'n'sans er,'i 7ssm Rr„z S cific Objectives Outcome Categories 1 Improve the quality of affordable rental housing ^ Availability/Accessibility ~ ^ Affordability Improve the quality of owner housing ~ 2 Sustainability 3 - ~ 10 Housing Units ~ Proposed 4,500 Accompl. Type: ~ _ ~ Underway ~ Complete H Accompl. Type: ~ Accompl. Type: I ~ v . d a ~o ~ L d Q Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome Bring 12,500 owner & 10,000 Compare # of non-code compliant units rental units up to code 15 Code Enforcement 570.202(c) Matrix Codes Matrix Codes ,~ CDBG L L ~ Fund Source: i ~ L Accompl. Type: ~ Df O a Accompl. Type: ~ 4/9/08 _ j ~ Matrix Codes ~ j ~ Matrix Codes ~ ~ Matrix Codes ~ sed Amt. 1,699,668 Fund Source: ~ I Amount Fund Source: ~ ~ Accompl. Type: Accompl. Type: Project (24) Attachment 3 19E-100 CPMP Version ~.~ Grantee Name: Santa Ana Project Name: Cit of Santa Ana PBA -General Plannin Description: IDIS Project #: UOG Code: CA63342 SANTA ANA Studies, analysis, and preparation of environmental impact reports, elements to the City's general plan, neighborhood specific. studies and historic resources Location: Priority Need Cate o 20 Civic Center Plaza Select one' Planning/Administration ~ Explanation: Expected Completion Date: Activity needed to ensure comprehensive and coordinated land use, housing and 6/30/2009 neighborhood plans to enhance quality of life for Santa Ana residents. jective ategory Decent Housing Suitable Living Environment E conomic Opportunity Specific Objectives Outcome Categories 1 ~ ^ A il bili A va a ty/ ccessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ Accompl. Type: ~ Proposed NA Accompl. Type: ~ ~ _ C Underway ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ v = O a 'o ~ d ~ Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Pertormance Measure Actual Outcome Ensure 70% of all SA residents Review areas impacted by impacted by plans/studies meet plans/studies HUD's L/M definition 20 Planning 570.205 ~ Matrix Codes - ~ -- - Matrix Codes ~ Matrix Codes - - ~ Matrix Codes ~ Matri x Codes ~ ~ CDBG ~ Proposed Amt. $ 27,500 Fund Source: I ~ i - Actual Amount 10 ~ Fund Source: ~ Fund Source: I ~ i Accompl. Type: ~ Accompl. Type: ~ D1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (25) Attachment 3 19E-101 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Cit of Santa Ana PD -Police Athletic and Activities Lea ue Description: IDIS Project #: UOG Code: CA63342 SANTA ANA SAPAAL is a crime prevention program that employs educational, athletic, and recreational activities to create trust and understanding between youths and law enforcement. Program qualifies as for Low/Moderate-Area Benefit per 24 CFR 570.208 (a) (1). Location: Priority Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality social services for youth and children. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ ~ O1 People ~ ~ Proposed 250 Accompl. Type: I ~ +' C Underway ~ d Complete ~ Accompl. Type: ~ Accompl. Type: ~ U o a 'o ~ L p , V Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ j Matrix Codes ~ ~ CDBG ~ ~ Proposed Amt. L Actual Amount l0 ~ ~ Fund Source: ~ i Accompl. Type: ~ O1 O a Accompl. Type: ~ Fund Source: !~ Fund Source: • Accompl. Type: ~ ~ Accompl. Type: ~ 4/9/os Project (26) Attachment 3 19E-102 CPMP Version ~.~ Grantee Name: Santa Ana Project Name: Santa Ana Police De t - Helico ter Pro ram Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support program provides response to service calls that concentrates air support on high-priority. calls and violent crime. Street gangs and narcotic sales in low-income neighborhoods can be effectively controlled or monitored with the use of airborne support. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate o Low/Mod Areas -see Census Tract/Block Group in "Explanation" Select one' Public Services ~ Explanation: Low/Mod Areas: County: 06059: CT:099249 BG:1,2 / CT:099248 BG:1,2 / CT:099247 BG:1 2 / CT:099202 , BG:2,3 / CT:089105 BG:1 2 3 / CT:089104 BG:1 3 / 07:089004 BG 1 2 Expected Completion Date: , , , : , ,3 / CT:089001 BG:2,3,4 / CT:089104 BG:3 / CT:088903 BG:3 / CT:076000 BG:2 / CT:075701 BG:2,3 / 07:076504 BG:1 / 07:075404 BG:1,3 / 07;075403 BG:2 3 / 07:075302 BG:1 2 3 / Cr:075301 BG 1 4 07 7 , , , : , / :0 5202 BG:1,2 / 07:075201 BG:1,2 / 6/30/2009 cr:o7sloo BG:1,z,a / 07:074004 BG:1,2 / 07:075003 BG:1,2,3 / 07:075002 BG:1,2,3 / 07:074902 BG:1 2 3 / , , 07:074806 BG:1 2 / 07:074805 BG:1 2 / 07:074803 BG 1 2 3 07 7 Objective ategory , , : , , / :0 4802 BG:1,2,3 / 07:074801 BG:1,2,3 / 07:074702 BG:1,2 / 07:074701 BG:1,2,3 / Ci:074502 BG:1,2 / 07:074501 BG:1,2,3,4 / Ci:074407 BG:1 / O Decent HOUSIng x:074406 BG:1,2,3 / 07:074405 BG.1,2,3,4 / 07:074403 BG 1,2 / 07:074300 BG:1,2 /07:074200 BG:1,2,3,4 O Suitable Living Environment / 07:074111 BG:3 / 07:074109 BG:1,2 / 07:074108 BG:1,2 / 07:074106 BG:1,3 / 07:074103 BG:2,3 / 07:074102 BG:1,2,3 / 07:074006 BG:1,2,3 / 07:074005 BG:1,2,3 / Ci:74004: BG:1,2 / 07:074003 BG:1 / O Economic Opportunity 07:074003 BG:1/ 07:074901 BG:1,2,3,4,5 / 07:074602 BG:1,2,3,4,5 / 07:074601 8G:1,2,3,4,5 / 07:089102 B '" ~'^'s4^` B :1 i : ~ 3n1 Br,:~ s pecific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^ Avail bili /A ibil a ty ccess ity ^ Affordability 2 ~ ^~ Sustainability 3 _ ~ ~ O1 People ~ Proposed 275746 Accompl. Type: ~ _ C Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ v - ~ a 'o ~ d Q Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome Reduce response time to serious On-site monitoring & measure goal crimes in L/M area accomplishment 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matri x Codes ~ ~ Matri x Codes ~ a, --- CDBG ~ Proposed Amt. $ 20,000 -. Fund Source: ~ ~ L Actual Amount ~ Fund Source: I ~ Fund Source: I ~ i Accompl. Type: ~ Accompl. Type: ~ pf O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project 27) 19E-103 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: CI of Santa Ana PRCSA - Pathwa s to Adventure Description: Ibis Project #: UOG Code: CA63342 SANTA ANA The Pathway to Adventure Program is an outdoor education program that addresses the problems of childhood obesity and youth gang involvement in Santa Ana. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). location: Priori Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People ~ Proposed 750 Accompl. Type: ~ _ ~ Underway ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ U ~ a 'o E L d v Accompl. Type: ~ Accompl. Type: ~ V Q Pro osed Outcome Performance Measure Actual Outcome Improve pre-test/post tests by Compare pre-program and post- 50% program scores 05D Youth Services 570.201(e) ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matri x Codes ~ ~ CDBG i~ Proposed Amt. $ 30,000 Fund Source: ~ i Actual Amount t0 ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ C1 O a Accompl. Type: ~ Accompl. Type: ~ a/9/o6 Project (28) Attachment 3 19E-104 CPMP Version ~.~ Grantee Name: Santa Ana Project Name: Cit of Santa Ana PRCSA - Pro'eCt Pride Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support Project PRIDE, which provides positive alternatives for youths through family and teen recreation and volunteer activities. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Citywide Priori Naed Cate ory Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jective ategory Decent Housing Suitable Living Environment 0 Economic O ortuni - pp ty S ecific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ 0 Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 _ ~ O1 People ~ Proposed 1,300 Accompl. Type: ~ ~ _ C Underway j ~ Complete H Accompl. Type: ~ ~ Accompl. Type: ~ U ~ f1 O d a Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) j ~ `Matrix Codes ~ .Matrix Codes ~ Matrix Codes ~ - -- ----. -- - Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ ~ Proposed Amt. $ 109,332 Fund Source: ~ L Actual Amount ~ Fund Source: ~ Fund Source: ~ ~ ~ Accompl. Type: ~ Accompl. Type: ~ O1 O a Accompl. Type: ~ Accompl. Type: I ~ a/9/os Project (29) Attachment 3 19E-105 Grantee Name: Santa Ana CPMP Varcinn ~ !1 Project Name: Clt of Santa Ana PWA -Park Im rovements Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to improve access road into and around Centenial Regional Park. Program qualifies as for Low/Moderate-Area Benefit per 24 CFR 570.208 (a) (i). Location: Priori Need--.Cat ory Location: CT: 741.08 BG 2 (51.0% L/M) Select One' Public Facilities ~ Explanation: Expected Completion Date: Activity needed to improve safety and livability of neighborhoods. 6/30/2009 jective ategory Decent Housing Suitable Living Environment E i conom c Opportunity S ecific Objectives Outcome Categories 1 Improve quality /increase quantity of neighborhood facilities for low-income persons ~ ^ A il bili A va a ty/ ccessibility ^ Affordability 2 ~ Sustainability 3 ~ ~ 11 Public Facilities Ali ~ Proposed 1 Accompl. Type: ~ _ C Underway Complete N Accompl. Type: ~ Accompl. Type: ~ v - ~ a 'o ~ d u Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Eliminate 1 condition that Ensure improvements are constructed contributes to neighborhood blight to an adequate standard to eliminate blighting condition for at least 10 years 03F Parks, Recreational Facilities 570.201(c) 'I ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 444,105 Fund Source: ~ ~ i Actual Amount N ~ Fund Source: ~ Fund Source: I ~ i Accompl. Type: ~ Accompl. Type: I ~ O1 O a Accompl. Type: ~ Accompl. Type: I ~ 4/9/os Project (30) Attachment 3 19E-106 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Cit of Santa Ana PWA -Street Im rovements Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to undertake street improvements in the CDBG eligible areas of the City (Artisia Pilar Neighborhood). Program qualifies as for Low/Moderate-Area Benefit per,24 CFR 570.208 (a) (1). Location: Priori Need Cate ory Location: CT:748.04 BG:1; CT:748.02 BG:1; CT:752.02 BG: SeleCt One' Public Facilities ~ 1 & 2, CT:752.01 BG: 1 & 2 (72.2% L/M) Explanation: Expected Completion Date• Activity needed to improve safety and livability of neighborhods. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity ~ Specific Ob ectives Outcome Categories 1 Improve quality /increase quantity of public improvements for lower income persons ~ ^ Availability/Accessibility ^ Affordability _ 2 ^~ Sustainability 3 ~ 01 People ~ Proposed 11,313 Accompl. Type: ~ y +' C Underway ~ d Complete ~ Accompl. Type: ~ Accompl. Type: ~ U ~ a 'o ~ d ~ Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Eliminate 1 condition that Ensure improvements are constructed contributes to neighborhood blight to an adequate standard to eliminate blighting condition for at least 10 years 03K Street Improvements 570.201(c) ~ ~ Matrix Codes ~ Matrix Codes ! ~ Matrix Codes ~ Matrix Codes ~I ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. 2,500,000 Fund Source: ~ ~ Actual Amount ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ p1 O d Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (31) Attachment 3 19E-107 c:\miscdbgest\cpmpv2\Projects 08-09 CPMP Version ~.n Grantee Name: Santa Ana Project Name: COmmUnlt Court Foundation Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support program that will provide support for Adult and Juvenile Drug Courts, DUI Courts, Dependency Court and Co-occurring Courts. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need Catego Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons. 6/30/2009 jective ategory Q Decent Housing Suitable Living Environment Economic Opportunity Specific Ob ectlves Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People ~ Proposed 190 Accompl. Type: ~ ~ _ C Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ U y a 'o ~ d v Accompl. Type: ~ Accompl. Type: ~ v Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ ~ Matrix Codes ~ ~ CDBG L ~ Fund Source: ~ s` i Accompl. Type: ~ pf O d Accompl. Type: ~ 4/9/08 ed Amt. $ 15,000 Fund Source: ~ Amount Fund Source: ~ ~ Accompl. Type: Accompl. Type: Project (32) Attachment 3 19E-108 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Communit SeniorSefV -Home Delivered Meal Pro ram Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG fund to support Meals on Wheels program that assists frail, at-risk Santa Ana Older Adults to remain in their home following the on-set of a chronic or acute physical and/or mentally debilitating illness. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priorit Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality services to seniors and frail elderly. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S eclfic Ob'ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ O1 People ~ Proposed 310 Accompl. Type: ~ H = Underway ~ Complete ~ t Accompl. Type: ~ Accompl. Type: ~ U ~ a d u Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 90% of seniors & frail elderly will On-site monitoring & measure goal be linked to services sought accomplishment 05A Senior Services 570.201(e) ~'i ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 24,000 Fund Source: ~ L Actual Amount Fund Source: ~ Fund Source: ~ ~ tr i Accompl. Type: ~ Accompl. Type: ~ 01 O d Accompl. Type: ~ Accompl, Type: ~ 4/9/os Project (33) Attachment 3 19E-109 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Communit SeniorSerV -Senior Meal Pro ram Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support senior congregate lunch program addresses the need for older adults to have a nutritional meal. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality services to seniors and frail elderly. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability ~ 3 ~J ~ O1 People ~ Proposed 800 Accompl. Type: ~ ~ _ ~ Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ U d a 'o E L d v Accompl. Type: ~ Accompl. Type: ~ V Q Pro osed Outcome Performance Measure Actual Outcome 90% of seniors & frail elderly will On-site monitoring & measure goal be linked to services sought accomplishment 05A Senior Services 570.201(e) ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matri x Codes ~ ~ CDBG_._ ~ ~ Proposed Amt. $ 24,000 Fund Source: ~ i. Actual Amount R ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ C1 O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (34) Attachment 3 19E-110 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: CSP Youth Shelter Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support the CSP youth shelter located in Huntington Beach. Shelter provides short-term emergency housing for runaway, homes and at-risk children aged 11-17. Program includes a 2-4 week stay, clothing, showers, meals, education, and counseling. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate ory Citywide Public Services ~ Select one: Explanation: Expected Completion Date• Activity will provide quality social services for youth and children. 6/30/2009 0 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ O1 People , ~ Proposed 28 Accompl. Type: i ~ H = Underway ~ d Complete s Accompl. Type: ~ Accompl. Type: ~ H U ~ a 'o E a V Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 03T Operating Costs of Homeless/AIDS Patients Programs li, ~ Matrix Codes ~ Matrix Codes ~i ~ Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ t,,l CDBG ~ Proposed Amt. $ 12,500 Fund Source: ~ L Actual Amount Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O1 O d Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (35) Attachment 3 19E-111 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Council of OC Societ of Saint Vincent de Paul -Friends Outside Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBg funds to support the Friends Outside program. The program assists inmates, ex-offenders, at-risk youth and their families overcome the causes and effects of incarceration with family support, employment assistance and comprehensive referrals. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need Cate o Citywide Public Services ~ Select one' Explanation: Expected Completion Date• Activity .will provide quality social services for L/M persons. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Ob actives Outcome Categories Im rove the services for low/mod income arsons ~ 1 P P ~ i Availability/Accessibility ^ Affordability ~ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 9,856 Accompl. Type: I ~ y C Underway ~ Complete ~ ~ Accompl. Type: ~ Accompl. Type: ~ v - G7 C ~O £ d ~ Accompl. Type: ~ Accompl. Type: ~ v Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ i ~ Matrix Codes ~ Matrix Codes Matrix Codes ' ~ '~ Matrix Codes ~ ~ CDBG ~' ~ Proposed Amt. $ 12,000 Fund Source: ~ L Actual Amount } Fund Source: ~ Proposed Amt. Fund Source: ~ i Accompl, Type: ~ Accompl. Type: ~ O d Accompl. Type: ~ Accompl. Type: ~ a/9/o8 Project (36) Attachment 3 19E-112 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: COUnCII On A in Of O.C. Description: IDIS Project #: uOG Code: CA63342 SANTA ANA CDBG funds to support the Linkages Program, which provides case management services, comprehensive information and referrals to clients to help them obtain appropriate community resources that prevent or delay institutionalization. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priorit Need Cate o Citywide ' Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality services to seniors and frail elderly. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 84 Accompl. Type: ~ ~ ~ Underway ~ ~ Complete t Accompl. Type: ~ Accompl. Type: ~ *+ rn U - d 11 ~O d ~ Accompl. Type: ~ Accompl. Type: ~ a Pro osed Outcome Performance Measure Actual Outcome 90% of seniors & frail elderly will On-site monitoring & measure goal be linked to services sought accomplishment 05A Senior Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ d. CDBG ~ ~ Proposed Amt. $ 6,000 Fund Source: ~ ~ Actual Amount 10 ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O1 O L a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (37) Attachment 3 19E-113 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: EI Centro Cultural de Mexico en el Condado de Oran e Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funding to support the PILAS program. PILAS aims to develop leadership skills in EI Centro's 100-plus volunteers so that they may better administer cultural arts programs; it has included organizational and planning trainings. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Prior Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People i ~ Proposed 3,500 Accompl. Type: ~ _ = Underway ~ d Complete ~ Accompl. Type: ~ Accompl. Type: ~ V a~ a 'o E d v Accompl. Type: ~ ~ V Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ' ~ 'Matrix Codes ~ Matrix Codes ~ i Matrix Codes ~ ~ CDBG ~ I~ Proposed Amt. ~ Actual Amount R } Fund Source: ~ >r i Accompl. Type: ~ D1 O a Accompl. Type: ~ 40,000 Fund Source: ~ Fund Source: ~ ~ Accompl. Type: ~ Accompl. Type: a/9/o6 Project (38) Attachment 3 19E-114 C'.PMP Varcinn ~„ Grantee Name: Santa Ana Project Name: EI PUente Description: IDIS Project #: uOG Code: CA63342 SANTA ANA CDBG funds will be used to support KidsWorks, a pre- and after-school program for students K-12. Program offers art and music workshops, youth mentoring, and health education. Program also offers adults with ESL and computer classes. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2)• Location: Priority Need Cate ory Citywide Select one: Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jective ategory Decent Housing Suitable Living Environment E i O conom c pportunity S ecific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ A il bili A va a ty/ ccessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People I~ ~ Proposed 150 Accompl. Type: ~ _ C Underway ~ ~ Complete y Accompl. Type: ~ Accompl. Type: ~ U d fl. 'o E L d ~ Accompl. Type: ~ Accompl. Type: ~ ~ a Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ ~ Matrix Codes ~ Matrix Codes ' ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ ~ Proposed Amt. $ 20,000 Fund Source: ~ i Actual Amount R } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ C1 O L d Accom I T e: ~ p • YP Accompl. Type: ~ a/9/os Project (39) Attachment 3 19E-115 CPMP Vercinn ~_~ Grantee Name: Santa Ana Project Name: Fair Housin Counselin Description: IDIS Project #: UOG Code: CA63342 SANTA ANA Fair housing education and enforcement. Services to be provided also include landlord-tenant dispute resolution. Location: Priori Need Cate ory Citywide Select one' Planning/Administration ~ Explanation: Expected Completion Date: Activity needed to ensure Santa Ana residents have access to fair housing counseling 6/30/2009 and enforcement services, and to eliminate impediments to fair housing. jective ategory Decent Housing Suitable Living Environment 0 E i O conom c pportunity S ecific Ob ectives Outcome Categories 1 Improve access to affordable rental housing ~ Q Availabili A ibili ty/ ccess ty ^ Affordability Increase range of housing options & related services for persons w/ special needs ~ 2 ^ Sustainability 3 ~ ~ 04 Households ~ Proposed 1,060 Accompl. Type: ~ C Underway ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ V a~ a 'o E C Q Accompl. Type: ~ Accompl. Type: i ~ Pro osed Outcome Performance Measure Actual Outcome Provide fair housing services Number of persons served 21D Fair Housing Activities (subject to 20% Admin cap) 570.20, ~ Matrix Codes ~ Matrix Codes ~ ~ 'Matrix Codes ~ Matrix Codes _ - ~ ~ Matrix Codes ~ ,~ CDBG L ~ Fund Source: i Accompl. Type: OI O a Accompl. Type: ~ ~ Proposed Amt. Actual Amount 69,780 Fund Source: ~ ~ Fund Source: I ~ Accompl. Type: ~ ~ Accompl. Type: I ~ 4/9/08 Project (40) Attachment 3 19E-116 C"PMP VPrcinn ~ ~ Grantee Name: Santa Ana Project Name: Grace Famil Resources Center Network Description: IDIS Project #: UoG Code: CA63342 SANTA ANA CDBG funding to support Eastside L.I.F.E. program. CDBG will be sued to fund 2 bilingual Public Health Nurses that will engage Latino youth and their families in a program that will teach life skills, community involvement and healthy living. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons. 6/30/2009 bjective ategory Decent Housing Suitable Living Environment Economi O rt i c ppo un ty S ecific Ob'ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availabili /A ibili ty ccess ty ^ Affordability 2 ~ ^ Sustainability 3 ~ Ol People ~ Proposed 150 Accompl. Type: ~ _ = Underway £ Complete ~ Accompl. Type: ~ Accompl. Type: I ~ V ~ Q 'o^ E d Q Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05M Health Services 570.201(e) ~ Matrix Codes ~ - _ - Matrix Codes ~ ~ Matrix Codes ~ Matrix Codes i ~ Matrix Codes ~ CDBG ~ Proposed Amt. $ 5,000 ~ _____ Fund Source: ~ i Actual Amount ~ Fund Source: ~ Fund Source: ~ ~ i Accompl. Type: ~ Accompl. Type: ~ pf O a Accompl. Type: ~ Accompl. Type: ~ ~ 4/9/os Project (41) Attachment 3 19E-117 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: HO a Communit Services Description: IDIS Project #: uOG Code: CA63342 SANTA ANA CDBG funding to support mentoring, tutoring, education/social support and guidance for at-risk children and youth from Vietnamese/Ameriasian underserved population to sustain academic and social performances. Location: Priority Need Cat ory Citywide Public Services ~ Select one' Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2008 jedive ategory Q Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability ~ 2 ^ Sustainability 3 ~ O1 People i ~ Proposed 330 Accompl. Type: ~ ~ Underway ~ G1 Complete ~ Accompl. Type: ~ Accompl. Type: ~ U d a d v Accompl. Type: ~ Accompl. Type: ~ V Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment ~ Matrix Codes ~ 05D Youth Services 570.201(e) ~ 'Matrix Codes ~ Matrix Codes Matrix Codes ~ Matrix Codes ~ ~ CDBG I ~ Proposed Amt. $ 5,000 Fund Source: ~, ~ ~ Actual Amount ~ Fund Source: ~ Fund Source: ~ } i Accompl. Type: ~ Accompl. Type: ~ p1 O i1 Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (42) Attachment 3 19E-118 CPMP Version ~.~ Grantee Name: Santa Ana Project Name: Hotline of Southern California Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support crisis intervention and information/referral hotline from 8:00 am to 12 midnight, seven days/week, including holidays. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate ory Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons. 6/30/2009 0 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People ~ Proposed 3,310 Accompl. Type: ~ _ C Underway ~ O Complete H Accompl. Type: ~ Accompl. Type: ~ U IU t1 "o E L f1 v Accompl. Type: ~~ ~ Accompl. Type: ~ V Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~I Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 5,000 Fund Source: ~ L Actual Amount R ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ G1 O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (43) Attachment 3 19E-119 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Human O tions - ESG08 Description: IDIS Project #: UOG Code: CA63342 SANTA ANA ESG funds to support emergency shelter for victims of domestic violence. A total of $12,000 has been allocated - $1K for essential services and $i1K for shelter operations. Location: Priority Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment ~ Economic Opportunity 5 ecific Ob ecti~es Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ ^~ A il b l va a i ity/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ; -_~ ~ O1 People ~ Proposed 27 Accompl. Type: ~ _ ~ Underway ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ v. d a 'o E a V Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 50% of individuals seeking On-site monitoring & measure goal emergency shelter will be accomplishment transition to interim (transitional) housing 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ OS Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ' ~ - - _ Matrix Codes ~ __ ~ ESG ~, ~ Proposed Amt. $ 13,000 __ _____ Fund Source: ~ ~ i Actual Amount R } ESG ~ Proposed Amt. $ 7,000 - __- Fund Source: ~ Actual Amount i Accompl. Type: ~ Accompl. Type: ~ D1 O d Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (44) Attachment 3 19E-120 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: HUman O tfOn$ Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support outreach program that provides group counseling for teen and families regarding domestic violence. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) ~2)• Location: Priority Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons. 6/30/2009 jective Category Decent Housing 0 Suitable Living Environment Economic Opportunity Specific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability 2 _ ^ Sustainability 3 ~ y O1 People ~ Proposed 850 Accompl. Type: ~ ~ +' C Underway ~ d Complete ~ Accompl. Type: ~ Accompl. Type: ~ V d t1 O £ d V Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes - -- - - ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 15,000 Fund Source: ~ i Actual Amount IG ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ C1 O d Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (45) Attachment 3 19E-121 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Interval House - ESG08 Description: IDIS Project #: UOG Code: CA63342 SANTA ANA ESG funds to support emergency shelter operations for victims of domestic violence. Location: Priority Need Cat o Citywide Select one' Homeless/HIV/AIDS ~ Explanation: Expected Completion Date• Activity will assist homeless persons obtain appropriate housing. 6/30/2009 O jedive ategory Decent Housing ~ Suitable Living Environment ~ Economic Opportunity ' 5 ecifc Ob edives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~J y O1 People ~ Proposed 60 Accompl. Type: ; ~ *~' C Underway ~ O Complete H Accompl. Type: ~ Accompl. Type: ~ U y a 'o E L d v Accompl. Type: ~ Accompl. Type: ~ U a Pro osed Outcome Performance Measure Actual Outcome 50% of individuals seeking On-site monitoring & measure goal emergency shelter will be accomplishment transition to interim (transitional) housing 03T Operating Costs of Homeless/AIDS Patients Programs ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ,~ ESG i ~~ Proposed Amt. $ 20,000 Fund Source: ~ ~ Actual Amount R ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O1 O a Accompl. Type: ~ Accompl. Type: ~ a/9/oa Project (46) Attachment 3 19E-122 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: InterVa~ HOUSe Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to provide support services to 4,500 victims of domestic violence and their children including 24-hour c risis hotline, individual and group counseling, outreach education. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 ( a) (2). Location: Priori.. Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: 6/30/2009 0 jective Category Decent Housing Suitable Living Environment Economic Opportunity ' Specific Ob ectives Outcome Categories 1 Increase range of housing options & related services for persons w/ special needs ~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ O1 People ~ Proposed 4,500 Accompl. Type: ~ H C Underway ~ ~ Complete t Accompl. Type: ~ Accompl. Type: ~ ++ ~ U - a~ a 'o ~ L it v Accompl. Type: ~ Accompl. Type: ~ v Q Pro osed Outcome Performance Measure Actual Outcome 05G Battered and Abused Spouses 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ' ~ Matrix Codes ~ ~ Fund Source: ~ Proposed Amt. $ 5,000 Fund Source: ~ ~ Actual Amount } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ 01 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (47) Attachment 3 19E-123 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: KldSln erS Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support after-school children's chorus for underprivileged youth. Program aims to empower at-risk youth to gain self-esteem, self-expression, and a sense of community accomplishment through musical education and performance. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 Ca) (2)• Location: Priorit Need Cate ory Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jective ategory Decent Housing Suitable Living Environment E i O conom c pportunity S cific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q A il bili A va a ty/ ccessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ ~ O1 People I ~ Proposed 140 Accompl. Type: ~ _ C Underway ~ 47 Complete H Accompl. Type: ~ Accompl. Type: ~ U dl C ~O d a Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ ~ Matrix Codes ~ Matrix Codes ~ ~ :Matrix Codes ~ -- - . - --- - - Matrix Codes ~ 'Matrix Codes ~ _ ------- ~ CDBG ~ Proposed Amt. $ 13,000 Fund Source: I ~ ~ L Actual Amount N ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ OI O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (48) Attachment 3 19E-124 CPMP Varcinn ~„ Grantee Name: Santa Ana Project Name: Latino Center for Prevention & Action in Health & Welfare Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support program aimed at addressing childhood obesity via intervention at the Spectrum residential complex where participants receive classers on nutrition and exercise to achieve and maintain a healthy weight. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons 6/30/2009 . 0 jective ategory Decent Housing Suitable Living Environment Q E i O conom c pportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availabili /A ibili ty ccess ty ^ Affordability 2 ~ ^ Sustainability 3 ~~ ~ O1 People ~ Proposed 50 Accompl. Type: ~ _ = Underway ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ v . d a 'o E a u Accompl. Type: ~ v Accom I T e ~ p • yp Q Pro osed Outcome Performance Measure Actual Outcome 05M Health Services 570.201(e) i ~ Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~- --- ,~ CDBG ~ I~ Proposed Amt. L Actual Amount f0 } Fund Source: '~ i Accompl. Type: ~ ~f O a Accompl. Type: ~ Accompl. Type: ~ 20,000 ~ Fund Source: ~ Fund Source: ~ Accompl. Type: ~ ~ Accompl. Type: Accompl. Type: ~ ~ 4/9/06 Project (49) Attachment 3 19E-125 CPMP Version ~.o Grantee Name: Santa Ana Project Name: Latino Youth Leadershi Institute Description: IDIS Project #: uOG Code: CA63342 SANTA ANA CDBG funds to support the Leadership in Action Program which is designed to develop leadership skills in youths by focusing on academic achievement, higher education and civic involvement via seminars/workshop participation. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need'iCat ory Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2008 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^ Availability/Accessibility Affordability 2 ~ ^ Sustainability 3 ~ y O1 People ~ Proposed 50 Accompl. Type: ~ _ = Underway ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ v - d a 'o E d u Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ', ~ Matri x Codes ~ ~ CDBG ~ Proposed Amt. $ 5,000 Fund Source: ~ i .Actual Amount A } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (50) Attachment 3 19E-126 Grantee Name: Santa Ana CPMP Version 2.(] Project Name: Laura's HOUSe - ESG08 Description: IRIS Project #: l1oG Code: CA63342 SANTA ANA ESG funds to support emergency shelter for victims of domestic violence. Total grant is for $10,000 for shelter operations. Location: Priority Need Cata o Citywide Select one: Homeless/HIV/AIDS ~ Explanation: Expected Completion Date• Activity will assist homeless persons obtain appropriate housing. 6/30/2009 O jedrve ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob actives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ Q Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ O1 People ~ Proposed 15 Accompl. Type: ~ ~ _ C Underway ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~~ ~ U - d a 'o ~ d v Accompl. Type: ~ Accompl. Type: ~ a Pro osed Outcome Performance Measure Actual Outcome 50% of individuals seeking On-site monitoring & measure goal emergency shelter will be accomplishment transition to interim (transitional) housing 03T Operating Costs of Homeless/AIDS Patients Programs ~ ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes - ~ Matrix Codes ~ ~ Matrix Codes ~ ~ ESG ~ Proposed Amt. $ 10,000 Fund Source: ~ i Actual Amount ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O1 O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (51) Attachment 3 19E-127 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Laura's House -CDBG Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds will be used to provide access to 24/7 domestic violence hotline, counseling and referral services. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate ory Citywide Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality social services for L/M persons. 6/30/2009 0 jective ategory Decent Housing Suitable Living Environment ~ Economic Opportunity Specific Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ y 01 People ~, ~ Proposed 90 Accompl. Type: ~ *' . _ Underway ~ ~ Complete H Accompl. Type: • Accompl. Type: ~ U a~ a 'o ~ d ~ Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) II ~ Matrix Codes ~ Matrix Codes I ~ Matrix Codes ~ Matrix Codes ~ ~ 'Matrix Codes ~ ,~ CDBG ~= Proposed Amt. $ 5,000 Fund Source: ~ ~ L Actual Amount R ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ Df O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (52) Attachment 3 19E-128 Grantee Name: Santa Ana CPMP Version ZO Project Name: Le al Aid - ESG08 Description: IDIS Project #: UOG Code: CA63342 SANTA ANA ESG funds to support legal assistance services for homeless individuals residing in Santa Ana-based homeless shelters. Funds will be used to pay for attorney/paralegal staffing (essential services). Location: Priorit Nesd Category Citywide Select one' Homeless/HIV/AIDS ~ Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob actives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ ^~ Availability/Accessibility ^ Affordability 2 ^ Sustainability 3 ~ ~ O1 People ~ Proposed 61 Accompl. Type: ~ _ C Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ U d fl. ~O L d v Accompl. Type: ~ Accompl. Type: ~ U a Pro osed Outcome Performance Measure Actual Outcome 50% of individuals seeking On-site monitoring & measure goal services will be linked to desired accomplishment services. 05 Public Services (General) 570.201(e) !i ~ Matrix Codes -- ~ _ - _ _- Matrix Codes ~ Matrix Codes ~ __ Matrix Codes ~ Matrix Codes ~ a, ESG ~ Proposed Amt. i Actual Amount R ~ Fund Source: ~~ i Accompl. Type: ~ O a Accompl. Type: ~ 10,000 ~ Fund Source: ~ Fund Source: ~ ~ Accompl. Type: Accompl. Type: 4/9/os Project (53) Attachment 3 19E-129 CPMP Var<inn ~„ Grantee Name: Santa Ana Project Name: Le al Aid Soviet of O C Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support the Health Consumer Action Center program, which provides health. outreach, consumer counseling and education, and linkages to health resources to Low/Mod individuals. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori -Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services to L/M persons. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic O rt i ppo un ty Specific Ob edlves Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Acc ibili ess ty ^ Affordability 2 ~ ^ Sustainability 3 ~ 01 People ~ Proposed 100 Accompl. Type: ~ _ C Underway ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ U a~ a 'o E fi a Accompl. Type: ~ Accompl. Type: ~ Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05C Legal Services 570.201(E) I ~ Matrix Codes -.-- ~ Matrix Codes I ~ Matrix Codes - --- ~ Matrix Codes i ~ 'Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ - _-- 6,500 Fund Source: I ~ i Actual Amount R ~ Fund Source: ~ Fund Source: I ~ ~ Accompl. Type: ~ L Accompl. Type: ~ O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (54) Attachment 3 19E-130 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Mari osa Women and Famil Center Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support mental health counseling program. Services provided to individual, couples, family, and group. Issues addressed include crisis counseling, domestic violence and divorce recovery. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priprity Need Cate ory Citywide Public Services ~ Select one' Explanation: Expected Completion Date• Activity will provide quality social services to L/M persons. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Ob'ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability ~ 2 ^ Sustainability 3 ~ O1 People ~ ~ Proposed 187 Accompl. Type: ~ ~ Underway ~ CJ Complete ~ Accompl. Type: ~ Accompl. Type: ~ U CJ C. ~O d v Accompl. Type: ~ Accompl. Type: ~ U Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ 'Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 6,000 Fund Source: ~ L Actual Amount Fund Source: , ~ Fund Source: ~ ~ i Accompl. Type: ~ Accompl. Type: ~ O d Accompl. Type: ~ Accompl. Type: ~ a/9/o8 Project (55) Attachment 3 19E-131 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Merc House Center - ESG08 Description: IRIS Project #: uOG Code: CA63342 SANTA ANA ESG funds will be used to provide a variety of supportive services for homeless persons including the chronically homeless. Services include food, clothing, assessment and referrals. Total ESG grant is $46,500 - $13,000 for essential services and $28,000 for shelter operations. Location• Priority Need Category Citywide Homeless/HIV/AIDS ~ Select one: Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing/services. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ectlves Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ Availability/Accessibility End chronic homelessness ^ Affordability 2 ^ Sustainability 3 01 People ~ Proposed 1,000 Accompl. Type: ~ C Underway ~ 47 Complete ~ Accompl. Type: ~ Accompl. Type: ~ U a~ a 'o E a v Accompl. Type: i ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 50% of all persons seeking On-site monitoring & measure goal services will be linked to 1 or accomplishment more additional support services and/or appropriate housing 03T Operating Costs of Homeless/AIDS Patients Programs ~ Matrix Codes ~ 05 Public Services (General) 570.201(e) ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ M ESG ~ ~ Proposed Amt. $ 28,000 Fund Source: ~ i Actual Amount } ESG ~ Proposed Amt. $ 13,000 Fund Source: ~ _ _ Actual Amount i Accompl. Type: ~ Accompl. Type: ~ O1 O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (56) Attachment 3 19E-132 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Merc House Cold Weather Armor - ESG08 Description: IDIS Project #: uOG Code: CA63342 SANTA ANA ESG funding to support the operation of the Cold Weather Armory homeless shelter program. Local armory will be open during fall/winter months and used as emergency shelter. ESG funds will be used to support operating cost of the program. Location: Priority Need Cate ory Citywide Homeless/HIV/AIDS ~ Select one: Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific 06jedives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ Q Availability/Accessibility ^ Affordability 2 End chronic homelessness ~ ~ ^ Sustainability 3 OS People ~~ ~ Proposed 800 Accompl. Type: ~ ~ Underway ~ Complete ~ y Accompl. Type: ~ Accompl. Type: ~ U a~ a 'o E a u Accompl. Type: ~ Accompl. Type: , ~ U Q Pro osed Outcome Performance Measure Actual Outcome 50% of individuals seeking On-site monitoring & measure goal emergency shelter will be accomplishment transition to interim (transitional) housing 03T Operating Costs of Homeless/AIDS Patients Programs ~ Matrix Codes ~ Matrix Codes I ~ ;Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ ESG ~ !Proposed Amt. $ 13,000 Fund Source: ~ i Actual Amount } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ C1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (57) Attachment 3 19E-133 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: MerC House Transitional Livin Center - ESG08 Description: IDIS Project #: uOG Code: CA63342 SANTA ANA ESG funds to support transitional housing for homeless women with children and single adult males. A total of $45,000 is ESG has been granted - $20,000 for essential services and $20,000 for shelter operations. Location• Priori Need Category Citywide Select one: Homeless/HIV/AIDS ~ Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing. 6/30/2009 jective ategory Q Decent Housing Suitable Living Environment Economic Opportunity S ecific Objectives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ ^~ Availability/Accessibility End chronic homelessness ~ i ^ Affordability 2 ^ Sustainability 3 ~ O1 People ~ Proposed 47 Accompl. Type: ~ H C Underway ~ Complete ~ t Accompl. Type: ~ Accompl. Type: ~ H U a~ a d v Accompl. Type: ~ Accompl. Type: I ~ Q Pro osed Outcome Performance Measure Actual Outcome 5% of individuals assisted in On-site monitoring & measure goal transitional housing will be placed accomplishment in permanent housing 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ 03T Operating Costs of Homeless/AIDS Patients Programs ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ ESG ~~~ Proposed Amt. $ 20,000 Fund Source: ~ L Actual Amount ~ ~ ESG ~I ~ Proposed Amt. $ 20,000 Fund Source: ~ _ _ ___ Actual Amount ~ i Accompl. Type: ~ Accompl. Type: ~ ~ O1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/0$ Project (58) Attachment 3 19E-134 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: OC Bar Foundation -Pro rama Shortsto Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support Programa Shortstop. Program provides first-time youth offenders (ages 10-17) and their families with acost-effective alternative to prosecution. Program activities include intervention services, case management, and counseling. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Category Citywide Public Services ~ Select one: Explanation: Expected Completion Date• Activity will provide quality social services for youth and children. 6/30/2009 jective ategory 0 Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob'ectlves Outcome Categories 1 Improve the services for low/mod income persons ~ ~ Availability/Accessibility ^ Affordability ~ 2 ^ Sustainability 3 O1 People ~ Proposed 160 Accompl. Type: ~ Underway ~ O Complete y Accompl. Type: ~ Accompl. Type: ~ U y f'i pL. ~ Accompl. Type: ~ Accompl. Type: ~ U Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ CDBG~~~ Proposed Amt. $ 20,000 Fund Source: ~ ~ Actual Amount Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ Of O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (59) Attachment 3 19E-135 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: OC Bar Foundation - Sto Short of Addiction Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support Stop Short of Addition program -Spanish program that addresses the unique needs of substance abusing Latino youth. The program's goal is to reduce drug/alcohol use and link Latino youth and families to culturally appropriate health care. Program qualifies as a public service for LovrJModerate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate ory Citywide Public Services ~ Select one: Explanation: Expected Completion Date• Activity will provide quality social services for youth and children. 6/30/2009 jective ategory Q Decent Housing Suitable Living Environment Economic Opportunity Specific Ob'ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^ Availability/Accessibility ~ ^~ Affordability 2 ^ Sustainability 3 ~ ~ O1 People Proposed 70 Accompl. Type: ~ ~ I Underway ~ d Complete y Accompl. Type: ~ Accompl. Type: ~ v - a~ a d v Accompl. Type: ~ Accompl. Type: ~ U Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment ~ Matrix Codes ~ 05D Youth Services 570.201(e) j ~ Matrix Codes ~ Matrix Codes -- - ~ 'Matrix Codes ~ Matrix Codes ~ CDBG ~ Proposed Amt. $ 15,000 Fund Source: ~ i, Actual Amount t0 Fund Source: ~ Fund Source: ~ } 1` i Accompl. Type: ~ Accompl. Type: ~ p1 O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (60) Attachment 3 19E-136 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Oran e Count Children's Thera eutic Arts Center Description: IDIS Project #: uOG Code: CA63342 SANTA ANA CDBG funds will be used to support after school art and literacy for Santa Ana youth with disabilities. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need Gat o Citywide Public Services ~ Select one' Explanation: Expected Completion Date: Activity will provide quality social services to youth and children. 6/30/2009 jective Category Decent Housing Suitable Living Environment Economic Opportunity S eclfic Ob ectlves Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility Increase range of housing options & related services for persons w/ special needs ~ ^ Affordability 2 ^ Sustainability 3 ~ O1 People ~ Proposed 40 Accompl. Type: ~ ~ Underway G1 G1 Complete > ~ H Accompl. Type: ~ Accompl. Type: I ~ v= G7 Q a v Accompl. Type: ~ Accompl, Type: ~ U Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment ~ Matrix Codes ~ 05D Youth Services 570.201(e) j ~ Matrix Codes ~ Matrix Codes ~ I Matrix Codes ~ Matrix Codes CDBG I I Proposed Amt. $ 22,500 Fund Source: ~ ~ ~ Actual Amount f0 Fund Source: ~ Fund Source: ~ ~ i Accompl. Type: ~ Accompl. Type: ~ O1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (61) Attachment 3 19E-137 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: OC Human Relations Commission -Common Ground Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funding for the Common Ground Dispute Resolution Clinic. Program will increase access to alternative dispute resolution services at the grass-roots level in the Corbin Community Center neighborhood. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Ne®d Cate O Citywide ' Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality social services to L/M persons. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 170 Accompl. Type: ~ H +~ Underway C ~ d Complete t Accompl. Type: ; ~ Accompl. Type: ~ ;+ (A U d a .r., d v Accompl. Type: ~ ~ Accompl. Type: ~ V Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) ! ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ' ~ Matrix Codes ~ ~ CDBG ', ~ Proposed Amt. $ 5,500 Fund Source: ~ i. Actual Amount R ~ Fund Source: ~ ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (62) Attachment 3 19E-138 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: OC Human Relations Commission -Heart of Oran e Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support program that will create a mural of the social history and leaders of Santa Ana. Mural will be prepared by Santa Ana resident students. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate ory Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 O1 People ~ Proposed 30 Accompl. Type: ~ ~ ~ Underway ~ d Complete H Accompl. Type: ~ Accompl. Type: ~ . U Q ~ ~O d ~ Accompl. Type: ~ Accompl. Type: ~ a Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ ~ Proposed Amt. $ 20,000 Fund Source: ~ i. Actual Amount 10 ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ 01 O a Accompl. Type: ~ Accompl. Type: ~ a/9/o$ Project (63) Attachment 3 19E-139 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: OC Mental Health Association - ESG08 Description: IDIS Project #: UOG Code: CA63342 SANTA ANA ESG funds to support chronic homeless outreach program. OCMHA will undertake numerous encounters with chronic homeless to assess needs with the hope of bringing them into a system of care. A total of $20,000 in ESG allocated for essential services. Location: Priority Need Cate ory Citywide Homeless/HIV/AIDS ~ Select one: Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing and services. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Ob ectives Outcome Categories 1 End chronic homelessness ~ Availability/Accessibility ^ Affordability 2 ^ Sustainability 3 ~ O1 People ~ Proposed 1,200 Accompl. Type: 'i ~ H C Underway ~ Complete ~ t Accompl. Type: ~ Accompl. Type: ~ y, 1A v - d fl. o £ a ~ Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 50% of all persons seeking On-site monitoring & measure goal services will be linked to 1 or accomplishment more additional support services and/or appropriate housing 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ 03T Operating Costs of Homeless/AIDS Patients Programs I~ ~ Matrix Codes ~ Matrix Codes I, ~ Matrix Codes ~ ~ ESG i ~ Proposed Amt. $ 20,000 Fund Source: ~ i Actual Amount ESG ~ Fund Source: ~ } i Accompl. Type: ~ Accompl. Type: ~ O L a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (64) Attachment 3 19E-140 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: OC Youth Commission -Santa Ana Boxin Club Description: IRIS Project #: UoG Code: CA63342 SANTA ANA CDBG funds to support the Santa Ana Boxing Club. The Club serves teenagers and young adults by providing boxing training, academic help and character education. The program also provides caring mentors for at-risk youth in hopes of reducing juvenile delinquency. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality social services for youth and children. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability _ 2 i ^ Sustainability 3 ~ O1 People ~ Proposed 45 Accompl. Type: I ~ C Underway ~ d Complete H Accompl. Type: ~ Accompl. Type: ~ v - ~ a 'o E pL, v Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~~ ~ Proposed Amt. $ 25,000 Fund Source: ~ ~ Actual Amount Fund Source: ~ Fund Source: ~ ~ Accompl. Type: ~ Accompl. Type: ~ IT O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (65) Attachment 3 19E-141 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: OC Youth Commission - Wrestlin Club Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support the SA Wrestling Club which serves youths ages 10-14 by providing wrestling skills, academic tutoring and character development activities. The program is open 3-5 pm MWF at 2 intermediate schools. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need Cate ory Citywide Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality social services for youth and children. 006/30/2009 jective ategory Decent Housing Suitable Living Environment Q Economic Opportunity " Specific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 70 Accompl. Type: ~ +~ Underway C ~ ~ Complete ~ Accompl. Type: ~ Accompl. Type: ~ U a~ a 'o E d V Accompl. Type: ~ ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 18,000 Fund Source: ~ i Actual Amount ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ C1 O a Accompl. Type: ~ Accompl. Type: ~ n/9/oa Project (66) Attachment 3 19E-142 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Parent Institute for ualit Education Description: IDIS Project #: uOG Code: CA63342 SANTA ANA CDBG funds to support program that helps parents navigate the school system; improve their children's academic performance, and know what classes/tests their children must take to prepare for apost-secondary education. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ectlves Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 ^ Sustainability 3 ~ O1 People ~ ~ Proposed 1,067 Accompl. Type: ~ ~ = Underway ~ d Complete H Accompl. Type: ~ Accompl. Type: ~ U ~ a d ~ Accompl. Type: !i ~ Accompl. Type: ~ ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment Matrix Codes ~ Matrix Codes ~ Matrix Codes ' ~ Matrix Codes ~ Matrix Codes Iii ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 10,000 Fund Source: ~ i. Actual Amount ~ i ~ Fund Source: ~ Fund Source: ~ ~ i Accompl. Type: ~ Accompl. Type: ~ Of O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (67) Attachment 3 19E-143 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Relam a o del Cielo Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds will be used to support program that helps youth strengthen cultural pride; develop self-esteem and self- confidence through the study and practice of Mexican. folkloric dances. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 0 jective ategory Q Decent Housing Suitable Living Environment Economic Opportunity __ Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons • Q Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 • O1 People • Proposed 80 Accompl. Type: • N +r Underway C ~ d Complete t Accompl. Type: • Accompl. Type: • y,, (A U - a~ a 'o ~ L d V Accompl. Type: j • Accompl. Type: ( • U Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) • Matrix Codes Matrix Codes • Matrix Codes • Matrix Codes • Matrix Codes • ~ CDBG • ~ ~-I Proposed Amt. $ 12,000 Fund Source: • i Actual Amount Fund Source: • ~ Proposed Amt. Fund Source: • Actual Amount i Accompl. Type: • Proposed Units Accompl. Type: • O1 Actual Units O L a Accompl. Type: • Proposed Units Accompl. Type: • __ __ Actual Units 4/9/06 Project (68) Attachment 3 19E-144 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Rebuildin To ether Description: IDIS Project #: uOG Code: CA63342 SANTA ANA CDBG funds to assist community-based nonprofit rehabilitate homes of seniors and individuals with special needs. Program qualifies as for Low/Moderate-Housing per 24 CFR 570.208 (a) (3). Location: Priori ....Need Cate o Citywide Select one' Owner Occupied Housing ~ Explanation: Expected Completion Date: Activity will help the City maintain the stock of owner-occupied housing that is affordable to lower income households. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Ob actives Outcome Categories 1 Improve the quality of owner housing ~ ^ Availability/Accessibility ^ Affordability 2 ~ Q Sustainability 3 ~ 10 Housing Units ~ Proposed 15 Accompl. Type: 'i ~ H ~ Underway ~ N Complete .C Accompl. Type: ~ Accompl. Type: ~ ++ ~- V - ~ a 'o E a ~ Accompl. Type: ~ Accompl. Type: II ~ Q Pro osed Outcome Performance Measure Actual Outcome At least 40% of rehab loan to be Review work write-up and calculate expended on code related items amount for code work 14A Rehab; Single-Unit Residential 570.202 ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 30,000 Fund Source: ~ ~ Actual Amount N } Fund Source: ~ Fund Source: ~ ~ i Accompl. Type: ~ Accompl. Type: ~ O d Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (69) Attachment 3 19E-145 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Ruben Martinez Literac Enrichment Achievement Plus Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funding to support educational programs for children, families and adults to learn in a supportive and safe environment, Education offerings take the form of workshops, seminars and classes. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need, Catego Citywide Public Services ~ Select one: Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Q Economic Opportunity Specific Ob solves Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability ~ 2 ^ Sustainability 3 ~ Accompl. Type: ~ Proposed 1,435 Accompl. Type: ~ C Underway ~ d Complete ~ Accompl. Type: ~ Accompl. Type: ~ U d a o d V Accompl. Type: ~ Accompl. Type: ~ V a Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment ~ Matrix Codes ~ 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes - - ~ Matrix Codes ~ Matrix Codes ~ CDB~~~ Proposed Amt. $ 25,000 Fund Source: i ~ L Actual Amount d Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ p1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (70) Attachment 3 19E-146 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Saint 70Se h Ballet Description: IRIS Project #: uOG Code: CA63342 SANTA ANA CDBG funds to support year-round program that uses dance training as a means to provide consistent nurturing and mentoring of low-income, at-risk youth. The program also provides academic services including tutoring, computer training, college selection assistance. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality social services for youth and children. 6/30/2009 0 jective Category Decent Housing Suitable Living Environment Q Economic Opportunity Specific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 !~ O1 People ~ Proposed 2,112 Accompl. Type: ~ y +~ C Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ v= d fl. 'o E d ~ Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes it ~ Matrix Codes ~ __.__ Matrix Codes ~ ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 42,000 Fund Source: II ~ ~ Actual Amount Fund Source: ~ Fund Source: ~ ~ i Accompl. Type: ~ Accompl. Type: ~ p1 O f1 Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (71) Attachment 3 19E-147 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: SeCOnd Ba tist Church Description: IRIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support a sports league athletic program that provides youth as 4-15 years of age a fundamental program teaching the fundamentals of basketball, teaching or reinforcing sportsmanship and instilling a work ethic. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cat ory Citywide Select one' Public Services • Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Ob'edives Outcome Categories 1 Improve the services for low/mod income persons • Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 • O1 People • Proposed 200 Accompl. Type: ~ • H C Underway ~ d Complete ~ Accompl. Type: ' • Accompl. Type: • V - ~ a 'o E L d ~ Accompl. Type: • Accompl. Type: • Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) j • i Matrix Codes • Matrix Codes • Matrix Codes • Matrix Codes • Matrix Codes • ~ CDBG • Proposed Amt. $ 10,000 Fund Source: • L Actual Amount f0 } Fund Source: • Fund Source: • i Accompl. Type: • Accompl. Type: • p1 O L a Accompl. Type: • Accompl. Type: • 4/9/oa Project (72) Attachment 3 19E-148 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Share Our Selves -Free Med/Dental Clinic Description: IRIS Project #: uOG Code: CA63342 SANTA ANA CDBG funds will be used to support SOS's free medical and dental clinic, which provides high-quality comprehensive healthcare to Santa Ana's poor and medically indigent population. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need Cate o Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons. 6/30/2009 O jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S eciflc Ob ectfves Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 1,300 Accompl. Type: ~ y C Underway ~ d Complete ~ Accompl. Type: ~ Accompl. Type: ~ U ~ a 'o E d ~ Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05M Health Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ Matrix Codes ~ j Matrix Codes ~ ~ -- CDBG ~ ~ Proposed Amt. $ 10,000 --- Fund Source: ~ L Actual Amount ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O d Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (73) Attachment 3 19E-149 19E-150 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: SMEDA Homelessness Prevention. - ESG08 Description: IDIS Project #: UOG Code: CA63342 SANTA ANA ESG funds to prevent homelessness. Funds will be used to pay a portion of rent to prevent eviction, or utilities to prevent shut-off. Total grant equals $23,725: $20,725 for direct assistance plus $3,000 for essential services. Location• Priority Need Cate ory Citywide Homeless/HIV/AIDS ~ Select one: Explanation: Expected Completion Date: Activity will prevent individuals and families from becoming homeless. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Q Economic Opportunity Specific Ob ectlves Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ ~~ ^ Availability/Accessibility ^~ Affordability ~ 2 ^ Sustainability 1 3 ~ O1 People ~ Proposed 259 Accompl. Type: ~ ~ C Underway N ~ Complete H Accompl. Type: ' ~ Accompl. Type: ~ ~ u- d fl. •O d v Accompl. Type: ' ~ Accompl. Type: ~ V a Pro osed Outcome Performance Measure Actual Outcome 50% of assisted individual or On-site monitoring & measure goal households will retain their accomplishment housing or utilities for @ least 6 months after assistance is provided 05Q Subsistence Payments 570.204 ! ~ Matrix Codes ~ 05 Public Services (General) 570.201(e) I ~ Matrix Codes ~ Matrix Codes ~ :Matrix Codes ~ ESG ' ~ Proposed Amt. $ 20,725 Fund Source: ~ M i Actual Amount 47 ESG ~ Proposed Amt. $ 3,000 Fund Source: ~ } Actual Amount i Accompl. Type: ~ Accompl. Type: ~ Df O i a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (74) Attachment 3 19E-151 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: SMEDA -CDBG Description: IDIS Project #: uOG Code: CA63342 SANTA ANA CDBG funds will be used to assist low-income families & individuals with a variety of services to help sustain them in crisis situations and to provide services to help them become self-sufficient. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Catego Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services to L/M persons. 6/30/2009 jective ategory Decent Housing 0 Suitable Living Environment 0 Economic Opportunity 5 eCific Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 4,300 Accompl. Type: ~ ~ Underway ~ d Complete t Accompl. Type: ' ~ Accompl. Type: ~~ ~ ++ !~ U . d a 'o ~ a V Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ,~ CDBG ~ Proposed Amt. $ 9,000 Fund Source: ~ ~ Actual Amount 10 } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (75) Attachment 3 19E-152 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Taller San Jose Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds will support program that offers job training through a focused training curriculum in three key sectors of the job market -residential construction, medical careers and computer technology. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori rNeed Category. Citywide Public Services ~ Select one: Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons. 6/30/2009 jective ategory Decent Housing Suitable Living Environment 0 Economic Opportunity Specific Ob~ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability ~ 2 ^ Sustainability I 3 ~J O1 People ~ Proposed 250 Accompl. Type: ~ Underway ~ Gl Complete y Accompl. Type: ~ Accompl. Type: ~ V d fl. ~O a v Accompl. Type: ~ Accompl. Type: ~ U Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment ~ Matrix Codes ~ 05H Employment Training 570.201(e) ~ Matrix Codes ~ Matrix Codes Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ ~ Proposed Amt. $ 50,000 Fund Source: ~ L Actual Amount Fund Source: ~ Fund Source: ~ } >r i Accompl. Type: ~ Accompl. Type: j ~ C1 O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (76) Attachment 3 19E-153 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Teen Challen a of Oran a Count Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support After-School Learning Center which provides supplementary education and educational enrichment components to .low-income and at-risk youth in Santa Ana. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality social services. for youth and children. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Ob'ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability 2 ^ Sustainability 3 ~ 01 People ~ Proposed 525 Accompl. Type: ~ ~ Underway ~ Complete ~ ~ Accompl. Type: ~ Accompl. Type: ~ U ai' a ° o a v Accompl. Type: ~ ~ Accompl. Type: ~ a Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ I Matrix Codes ~ Matrix Codes ~ ~ 'Matrix Codes ~ ~ CDBG !, ~ Proposed Amt. $ 10,000 Fund Source: ~ ~ Actual Amount Fund Source: ~ Fund Source: ~ } L Accompl. Type: ~ Accompl. Type: ~ 01 O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (77) Attachment 3 19E-154 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: The Villas - ESG08 Description: IRIS Project #: UOG Code: CA63342 SANTA ANA ESG funds to support the operations of an emergency shelter for women recovering from substance .and alcohol addiction. Services provided include case management, substance treatment/therapy, and housing for up to 3 months. Funds will be used for shelter operations. Location: Priority. Need Category Citywide Select one' Priority Need Category ~ Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing. 6/30/2009 jective Category Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ect[ves Outcome Categories Increase the number of homeless persons moving into permanent housing ~ 1 ^~ Availability/Accessibility ^ Affordability 2 End chronic homelessness ~ ^ Sustainability 3 ~ y O1 People ~ Proposed 28 Accompl. Type: ~ ~ +~ C Underway ~ d Complete t Accompl. Type: ~ Accompl. Type: ~ ++ y V a~ a 'o E L d v Accompl. Type: ~ Accompl. Type: ~ V Q Pro osed Outcome Performance Measure Actual Outcome 50% of individuals seeking On-site monitoring & measure goal emergency shelter will be accomplishment transition to interim (transitional) housing 03T Operating Costs of Homeless/AIDS Patients Programs ~ Matrix Codes ~ Matrix Codes ~ i Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ ESG i I Proposed Amt. $ 10,500 Fund Source: ~ i Actual Amount Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ O a Accompl. Type: ~ Accompl. Type: ~ a/9/os Project (78) Attachment 3 19E-155 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Think To ether Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support after-school program that will help educationally at-risk students by providing homework assistance, tutoring in core subjects and mentoring. Goal is to help youth succeed in school, graduate, and consider higher education. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Category Citywide Public Services ~ Select one' Explanation: Expected Completion Date• Activity will provide quality social services for youth and children. 6/30/2009 0 jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob actives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability ~ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 800 Accompl. Type: ~ Underway d d Complete H Accompl. Type: I ~ Accompl. Type: ~ U d a 'o E d u Accompl. Type: ~ Accompl. Type: ~ U Q Pro osed Outcome Performance Measure Actual Outcome Improve pre-test post tests by Compare pre-program and post- 50% program scores 05D Youth Services 570.201(e) ~ ~ Matrix Codes ~ !I ~ Matrix Codes ~ Matrix Codes _ - -- Matrix Codes ~ .Matrix Codes ~ d, CDBG ~ Proposed Amt. $ 20,000 Fund Source: ~ ~ L Actual Amount Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ 01 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (79) Attachment 3 19E-156 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Thomas House - ESG08 Description: IRIS Project #: uOG Code: CA63342 SANTA ANA ESG funds to support transitional housing program for homeless families. Clients are required to help themselves by working or attending an educational facility, to attend life-skills classes held at the shelter, and to save a percentage of income for permanent housing. ESG funds will be used for shelter operations (utilities, food & insurance). Location: ..Priority Need Category Citywide Homeless/HIV/AIDS ~ Select one: Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing and services. 6/30/2009 0 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ectives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ Availability/Accessibility ^ Affordability 2 ~ ^ Sustainability 3 ~ O1 People ~ Proposed 25 Accompl. Type: ~ ~ ~ Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ U d a a ~ Accompl. Type: ~ Accompl. Type: I ~ V Q Pro osed Outcome Performance Measure Actual Outcome 5% of individuals assisted in On-site monitoring & measure goal transitional housing will be placed accomplishment in permanent housing. 03T Operating Costs of Homeless/AIDS Patients Programs ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ Matrix Codes ~ ~ ESG ~ ~ Proposed Amt. $ 15,000 Fund Source: ~ ~ L Actual Amount Fund Source: ~ Fund Source: ~ ~ Accompl. Type: ~ Accompl. Type: j ~ G1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (80) Attachment 3 19E-157 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: TKO Boxin Club Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds to support TKO program, which is designed to challenge Santa Ana's youth to achieve their potential, both academically and athletically. The daily training regime and monitoring of academic performance requires a grasp of daily goal setting, management of time and physical fitness. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Catego Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for youth and children. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity $ ecific Objectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability 2 ^ Sustainability 3 ~ J O1 People ~ Proposed 400 Accompl. Type: ~ ~ = Underway ~ Complete ~ .= Accompl. Type: ~ Accompl. Type: ~ *+ Vl V ~ C. d u Accompl. Type: '~ ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) II ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~~~ Proposed Amt. $ 27,000 Fund Source: ~ ~ Actual Amount } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ ~ p1 O a Accompl. Type: ~ Accompl. Type: ~ ~ 4/9/oa Project (81) Attachment 3 19E-158 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Vietnamese Communit of Oran a Count Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds will be used to provide bilingual/bicultural counseling services to Santa Ana's South East Asian that demonstrate at-risk behaviors such as minor crimes and gang affiliation. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons. 6/30/2009 0 jective ategory Q Decent Housing Suitable Living Environment 0 Economic Opportunity - S ecific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Q Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 60 Accompl. Type, ~ ~ +~' C Underway ~ ~ Complete H Accompl. Type: ~ Accompl. Type: ~ V a~ a 'o ~ L d ~ Accompl. Type: i ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ,~ CDBG '~ Proposed Amt. $ 12,000 Fund Source: ~ ~ i Actual Amount f0 } Fund Source: ! ~ Fund Source: i ~ i Accompl. Type: ~ Accompl. Type: ~ Q1 O d Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (82) Attachment 3 19E-159 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Westend Communit Oriented POlicin Assoc. of S.A. Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funding to support ayouth-based crime prevention program, Junior Children of Pride - Jr. C.O.P. was developed to link children and police officers in program-solving relationships and activities. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priori Need Category Citywide Select one' Public Services ~ Explanation: Expected Completion Date• Activity will provide quality social services for youth and children. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity ' Specific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ ^~ Availability/Accessibility ^ Affordability 2 _ ^ Sustainability 3 ~ y Accompl. Type: ~~ ~ ~I Proposed 1,000 Accompl. Type: i ~ +' C Underway ~ d7 Complete ~ Accompl. Type: ~ Accompl. Type: ~ U = a~ a 'o ~ L d v Accompl. Type: ~ Accompl. Type: ~ u a Pro osed Outcome Performance Measure Actual Outcome Link youth to services sought On-site monitoring & measure goal accomplishment 05D Youth Services 570.201(e) ~ Matrix Codes ~ Matrix Codes _ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG ~ Proposed Amt. $ 8,500 Fund Source: ~ ~ ~ Actual Amount t0 } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ ~ d1 O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (83) Attachment 3 19E-160 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Wise Place - ESG08 Description: IDIS Project #: UOG Code: CA63342 SANTA ANA Transitional housing and supportive services for homeless women. Total ESG grant is for $40,000 - $4,000 for essential services and $36,000 for shelter operations. Location: Priori Need Cate ory Citywide Select one' Homeless/HIV/AIDS ~ Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing and services. 6/30/2008 jective ategory 0 Decent Housing Q Suitable Living Environment Economic Opportunity ' S eciftc Ob ectlves Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ ~ O1 People ~, ~ Proposed 22 Accompl. Type: ~ ~ +~ C Underway ~ d Complete H Accompl. Type: ~ Accompl. Type: ~ v ai a 'o E d u Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 5% of individuals assisted in On-site monitoring & measure goal transitional housing will be placed accomplishment in permanent housing 05 Public Services (General) 570.201(e) j ~ Matrix Codes ~ 03T Operating Costs of Homeless/AIDS Patients Programs ~ -- - -_ -- Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ESG ~ Proposed Amt. $ 4,000 Fund Source: ~ ~ Actual Amount ESG ~ Proposed Amt. $ 36,000 Fund Source: ~ Actual Amount i Accompl. Type: ~ Accompl. Type: ~ Df O a Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (84) Attachment 3 19E-161 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Wlse PIaCe -CDBG Description: IRIS Project #: UOG Code: CA63342 SANTA ANA Transitional housing and supportive services for homeless women. See Project 80 for accomplishments. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate ory Citywide Select one' Homeless/HIV/AIDS ~ Explanation: Expected Completion Date• Activity will assist homeless persons obtain appropriate housing and services. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Objectives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ ^~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 `~ H 01 People ~ Proposed 22 Accompl. Type: ~ +' . ~ Underway ~ O Complete y Accompl. Type: ~ Accompl. Type: ~ U d a 'o E d v Accompl. Type: ~ Accompl. Type: ~ a Pro osed Outcome Performance Measure Actual Outcome 5% of individuals assisted in On-site monitoring & measure goal transitional housing will be placed accomplishment in permanent housing 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes 'I ~ 'Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~ CDBG_ I - !Proposed Amt. $ 10,000 Fund Source: I ~ L Actual Amount R } Fund Source: ~ Fund Source: ~ ~ Accompl. Type: ~ Accompl. Type: ~ ~f O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (85) Attachment 3 19E-162 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Women Hel in Women Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds will support program that provides job preparation services, including wardrobe, interviewing skills, and computer training to abused, homeless, and other low-income women seeking economic self-sufficiency. Program qualifies as a public service for Low/Moderate-Income Clientele per 24 CFR 570.208 (a) (2). Location: Priority Need Cate ory Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will provide quality social services for L/M persons. 6/30/2009 jective ategory Decent Housing Suitable Living Environment Economic Opportunity S ecific Ob ectives Outcome Categories 1 Improve the services for low/mod income persons ~ Availability/Accessibility ^ Affordability _ 2 ^ Sustainability 3 ~ O1 People ~ Proposed 214 Accompl. Type: ~ _ ~ Underway ~ O Complete t H Accompl. Type: ~ Accompl. Type: ~ U a~ a 'o E d v Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 90% of program participants will On-site monitoring & measure goal be provided services sought accomplishment 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ __ __--_ Matrix Codes ~ ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ a, CDBG ~ ~ Proposed Amt. $ 6,500 Fund Source: ~ ~ i Actual Amount } Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ pf O a Accompl. Type: ~ Accompl. Type: ~ 4/9/08 Project (86) Attachment 3 19E-163 CPMP Version 2.0 Grantee Name: Santa Ana Project Name: Women's Transitional Livin Center - ESG08 Description: IRIS Project #: uOG Code: CA63342 SANTA ANA ESG funds to support emergency shelter program for victims of domestic violence. ESG funds will be used to support shelter operations ($22,256) and essential services ($12,244). Location: Priori Need Cate ory Citywide Select one' Public Services ~ Explanation: Expected Completion Date: Activity will assist homeless persons obtain appropriate housing and services. 6/30/2009 jective ategory Decent Housing 0 Suitable Living Environment Economic Opportunity ' Specific Ob ectives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ Availability/Accessibility ^ Affordability 2 End chronic homelessness ~ ^ Sustainability 3 ~ H O1 People i ~ Proposed 200 Accompl. Type: ~ +' - C Underway ~ d7 Complete ~ Accompl. Type: ~ Accompl. Type: i ~ u- a~ a 'o E d ~ Accompl. Type: ~ Accompl. Type: ~ Q Pro osed Outcome Performance Measure Actual Outcome 50% of individuals seeking On-site monitoring & measure goal emergency shelter will be accomplishment transition to interim (transitional) housing 03T Operating Costs of Homeless/AIDS Patients Programs ~ ' Matrix Codes ~ 05 Public Services (General) 570.201(e) ~ -- -- Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ ~, ESG _ ' ~ Proposed Amt. $ 22,256 Fund Source: ~ ~ L Actual Amount ~ ESG Proposed Amt. $ 12,244 Fund Source: ~ ~ _ Actual Amount i Accompl. Type: ~ Accompl. Type: ~ G1 O a Accompl. Type: ~ Accompl. Type: ~ ~ 4/9/08 Project (87) Attachment 3 19E-164 Grantee Name: Santa Ana CPMP Version 2.0 Project Name: Women's Transitional Livin Center CDBG Description: IDIS Project #: UOG Code: CA63342 SANTA ANA CDBG funds will be used to provide direct support services to victims of domestic violence living in emergency shelter. Program qualifies as a public service for Low/Moderate-Income. Clientele per 24 CFR 570.208 (a) (2). Location: Priority' Need Category Citywide Select one' Homeless/HIV/AIDS ~ Explanation: Expected Completion Date• Activity will assist homeless persons obtain appropriate housing and services. 6/30/2009 jedive ategory Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Increase the number of homeless persons moving into permanent housing ~ Availability/Accessibility ^ Affordability 2 End chronic homelessness ~ ^ Sustainability 3 ~ O1 People ~ Proposed 550 Accompl. Type: ~ ~ ~ +' Underway C ~ ~ Complete = Accompl. Type: ~ Accompl. Type: ~ *+ to v a~ a 'o E d V Accompl. Type: ~ Accompl. Type: ~ a Pro osed Outcome Performance Measure Actual Outcome 50% of all persons seeking On-site monitoring & measure goal services will be linked to 1 or accomplishment more additional support services and/or appropriate housing 05 Public Services (General) 570.201(e) ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ~ Matrix Codes ' ~ Matrix Codes ~ ~ CDBG ' ~ Proposed Amt. $ 10,000 Fund Source: ~ ~ Actual Amount f0 ~ Fund Source: ~ Fund Source: ~ i Accompl. Type: ~ Accompl. Type: ~ Df O d Accompl. Type: ~ Accompl. Type: ~ 4/9/os Project (88) Attachment 3 19E-165 ~`\\ ~~ 3 •7 ~\~~I~~~~1 City of Santa Ana Community Development Agency 20 Civic Center Plaza, M-25 Santa Ana, CA 92701 19E-166 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 05, 2008 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER ~t-~'.~.__- ~r` ITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15~ Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between January 1 and March 31, 2008, valued at $25,000 and less. DISCUSSION On November 7 2006 the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase, orders, agreements and change notices entered into between January 1 and March 31, 2008 valued at amounts of $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by the City Council. Fiscal Impact There is no fiscal impact associated with this action. C.,- Catherine Standiford Assistant City Manager City Manager's Office 19F-1 ~ (6 N ~ ~ C N . 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Cp I~ 00 O O ~ N M ~ to to I~ f~ f~ f~ I~ f~ CO o0 00 o~ao Q 00 CO o0 ap o0 N N N N N N N N N N N N N n II ~ C7 O Q m 19F-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT AND RELATED AGREEMENTS C,~ Y MANAG R RECOMMENDED ACT{ON CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt a resolution authorizing the City Manager and the Chief of Police to execute a grant award agreement with the State of California, Office of Homeland Security (OHS) for the FY 2007 Public Safety Interoperable Communications (PSIC) funding program in the amount of $12,748,170. 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter into reimbursement agreements for equipment, services, or training with the County of Orange or any county or city designated by OHS to receive PSIC funding through the Santa Ana Urban Area. 3. Approve an Appropriation Adjustment recognizing the FY 2007 Public Safety Interoperable Communications Grant in the amount of $12,748,170 in revenue account (no. 125-01-5350-8} and appropriate same in the FY 2007 Public Safety Interoperable Communications Grant expenditure accounts (nos. 125-339-various and 125-018-6933). DISCUSSION The United States Department of Homeland Security, in conjunction with the National Telecommunications and Information Administration has developed the Public Safety Interoperable Communications (PSIC) funding program. PSIC provides funds to assist public safety agencies in the acquisition of, deployment of, or training for the use of Interoperable communications systems that utilize reallocated public safety spectrum for radio communications. The Governor's Office of Homeland Security (OHS) has identified the Santa Ana Urban Area to receive an allocation of $12,748,170 in FY 2007 PSIC grant funds. Of this amount, $6,189,010 will be allocated to the County of Orange while the remainder will be allocated in pre-determined amounts to the counties of Inyo, Mono, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, Ventura and also the City of Ventura. 21 A-1 FY 2007 PSIC Grant May 5, 2008 Page 2 The Santa Ana Police Department Homeland Security Division will develop an MOU with each county and city that will allow for implementation of the PSIC Grant. The Santa Ana UASI will act as the pass through for funding between OHS and each respective county and city. OHS will provide approximately $196,500 to the Santa Ana UASI for the management and administration of this grant. FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY 2007 PSIC Grant account (no. 125-01-5350-8) by $12,748,170 and appropriate same in the FY 2007 PSIC Grant expenditure accounts (nos. 125-339-various and 125-018-6933). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~ ( 3 . ~~ Paul M. Walters Chief of Police Police Department ~Jz,-Francisco Gutierrez fuf Executive Director Finance & Mgt. Services Agency 21 A-2 Iss04/29/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING A GRANT AWARD AND AUTHORIZING THE CITY MANAGER OR THE CHIEF OF POLICE TO EXECUTE A GRANT AWARD AGREEMENT WITH THE STATE OF CALIFORNIA OFFICE OF HOMELAND SECURITY FOR THE FY2007 PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS GRANT PROGRAM 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. The Department of Commerce's National Telecommunications and Information Administration (NTIA), in consultation with the Department of Homeland Security (DHS) has established the Public Safety Interoperable Communications Grant Program (PSIC). The California Office of Homeland Security is responsible for implementing the PSIC. B. PSIC provides funds to local emergency first responders to assist public safety agencies in the acquisition, deployment of or training for the use of interoperable communications systems that utilize reallocated public safety spectrum for radio communications. C. The City of Santa Ana will act as lead agency for the Anaheim/Orange operating area in implementing the PSIC Grant Program. D. The City of Santa Ana has been awarded funding from the California Office of Homeland Security for the fiscal year 2007 PSIC Grant Program. Section 2. The City Council of the City of Santa Ana hereby accepts and authorizes and directs the City Manager and the Chief of Police, or their designees, to execute the grant award agreement with the California Office of Homeland Security for the fiscal year 2007 Public Safety Interoperable Communications Grant Program in the amount of $12,748,170.00. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and/or the Chief of Police to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal 21 A-3 financial assistance provided by the federal Department of Homeland Security and subgranted through the State of California. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-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 21 A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONTRACT RENEWAL FOR HEATING, VENTILATION, AND AIR CONDITIONING FILTERS (SPEC. NO. 05-007) ~(~ d CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with P. L. Hawn Co., Inc. for air conditioning filters in an annual amount not to exceed $40,631. DISCUSSION The Building Maintenance Division of the Finance and Management Services Agency maintains the heating, ventilation, and air conditioning (HVAC) systems in all City buildings. Air filters specific to the systems are replaced several times annually to ensure a clean work environment. The contract for HVAC filters is designed to provide quality products at significant savings based on quantity pricing. On February 22, 2005, the City Council awarded a contract to P. L. Hawn Co., Inc. for a two-year period, with provision for two one-year renewals. The vendor has performed satisfactorily during the past contract period and staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the Building Maintenance account (no. 73-105-6291). (Francisco Gutierrez ~~ ,`Executive Director Finance and Management Services Agency BP 22A-1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONTRACT AMENDMENTS FOR ASPHALT STREET MAINTENANCE AND ASPLALT POTHOLE REPAIR (SPEC. NOS. 06-101 AND 06-103) i/ / ~i~~-.C- CITY MANAGER 1 ~i RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Amend the contract with Hardy and Harper, Inc., for asphalt pothole repairs by $100,000 for a total not to exceed $600,000. 2. Amend the contract with Hardy and Harper, Inc. for asphalt street maintenance by $688,000 for a total not to exceed $1,800,510. DISCUSSION The Public Works Agency's Maintenance Division is responsible for maintaining approximately 400 miles of streets within the City of Santa Ana. Services provided under the asphalt street maintenance contract include the excavation and cold milling of existing roadways, the installation of pavement reinforcing fabric, construction of asphalt concrete pavement, and crack sealing. In addition, the contract provides for water and sewer system maintenance, including trench repair and the adjustment of water valve boxes and manhole frames and covers to grade. Services provided under the pothole repair contract include the repair of all potholes and the repair of all damaged pavement areas not exceeding 50 sq. ft. in area with asphalt overlay. On July 2, 2007, the City Council awarded contracts to Hardy & Harper, Inc., a Santa Ana vendor, for a one-year period with provision for three, one-year renewals for asphalt street maintenance and pothole repair. During the past year, the City has realized good response and service from Hardy & Harper as well as flexibility of service levels, resulting in an increase in the asphalt street maintenance and pothole repairs provided. As needs change, the contractor has the ability to increase or decrease resources without affecting City staff or other programs. Through this 22B-1 Contract Amendments for Asphalt Street Maintenance May 5, 2008 Page 2 contract, the City's roadway maintenance budget has seen a reduction of 18 percent in unit costs for work performed. Staff that was previously assigned to roadway maintenance were reassigned to other maintenance programs, including graffiti removal, trees and roadway cleaning. The vendor has also provided several large pavement repairs as provided for in the contract following emergency water service. Staff requests approval to increase the contract limit for Hardy & Harper, Inc. to provide uninterrupted asphalt street maintenance and pothole repairs through the end of the contract term. FISCAL IMPACT Funds are available in the Public Works Road Maintenance account (no. 11- 631-6291). (`James G. Ross ~Ex~cutive Director P,~iblic Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~._ ~~ .~ Francisco Gutierrez ~Gf' Executive Director Finance & Management Services Agency JGR/WO/06-lOlA.9 & 06-103A.9 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONTRACTS AMENDMENT ANIIKUNI T I ON (SPEC. NO. 07-012) CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended FOR ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1. Amend the contracts for the purchase of ammunition with Dooley Enterprises, Inc., Proforce Law Enforcement, and San Diego Police Equipment Co., by $85,450 for a total not to exceed $183,800. 2. Increase the aggregate limit with Aardvark Tactical by $31,200 for an annual amount not to exceed $53,850. DISCUSSION The Santa Ana Police Department provides ammunition to its sworn officers, primarily for use during training and range qualification testing. Officers are required to requalify regularly to maintain proficiency in the use of firearms. The contracts for ammunition are designed to provide quality products at a significant savings based on quantity pricing. On February 20, 2007, the City Council awarded a contract to Dooley Enterprises, Inc., Proforce Law Enforcement, and San Diego Police Equipment Co. for a two-year period with provision for three one-year renewals. In the second year, the vendors have requested an increase in pricing on certain types of ammunition, due to an increase in manufacturing cost. Staff verified that this increase is consistent with the market. In addition, Aardvark Tactical, Inc. provides ammunition and the purchase of miscellaneous supplies, including bulletproof vests for the Police Department. The purchase of ammunition, when added to the vendor's current fiscal purchases, exceeds the $25,000 aggregate limit and requires City Council approval. In order to facilitate the purchase of munitions, staff recommends Council approval of the recommended action. 22C-1 Contracts Award for Ammunition May 5, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Training Services Operating Materials & Supplies account (no. 11-334-6391). APPROVED AS TO FUNDS AND ACCOUNTS: Paul M. Walters .Francisco Gutierrez ~~ Chief of Police Executive Director Finance & Mgmt. Services Agency 22C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONTRACT AWARD FOR MOBILE BOOKING UNIT (SPEC. NO. 07-083) i __.__~- ~ ~ ~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to J.R. Braun Northwest, Inc. for a mobile booking unit in the amount not to exceed $201,418.16. DISCUSSION A primary goal of the Police Department is to provide safety and security to all people in the city of Santa Ana. In fulfilling this goal, it is critical that the jail maintain an efficient system to book inmates to allow sworn police personnel to return to patrolling duties as quickly as possible. In 2006, the Police Department received a grant from the Department of Justice, Office Of Community Oriented Policing (COPS) to automate the Jail booking system. The grant, approved by Council on June 19, 2006, included the requirement to purchase a mobile booking van to ensure that police officers spend more of their time in the field and less time in the process of booking arrestees. The custom-built mobile booking unit will be deployed during major policing activities. It will be equipped with a booking area, three cells that can accommodate a total of 12 arrestees, and two curbside work stations. The discrete cells allow for the separation of adult male, adult female and juvenile arrestees. The notice inviting bids was advertised on December 28, 2007, and bids were solicited. A summary of the bid invitations and bids received is as follows: 9 Invitations For Bid mailed 1 Bid received The bid was received and opened on February 6, 2008. The bid received from J.R. Braun Northwest, Inc. is responsive to the specifications and meets the City's requirements. 22D-1 Contract Award for Mobile Booking Unit May 5, 2008 Page 2 FISCAL IMPACT Funds are available in the Police Department Jail Operations account (no. 11-349-6641). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ F9 rC. G ~ ~ ~ WRC,Te'~J Paul Walters Chief of Police PMW/KM/07-083.7:sh c~'rancisco Gutierrez rtf Executive Director Finance & Mgmt. Services Agency 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONTRACT AWARD FOR LOCKSMITH SERVICES (SPEC. NO. 08-020) ITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Award contracts for locksmith services for a two-year period with provision for two one-year renewals in an annual amount not to exceed as follows: Vendor: Amount Civic Center Lock and Safe $30,000 Hill's Bros. Lock & Safe, Inc. $30,000 DISCUSSION The City maintains recreation and seni City Hall and the Division maintains required to replace safe combinations. in excess or centers, Corporate in excess and repair of 50 buildings including fire stations, park restrooms, and libraries, as well as Yard. In addition, the Fleet Maintenance of 800 vehicles. Locksmith services are locks, create new vehicle keys, and change The notice inviting bids was advertised on March 10, 2008, and bids were solicited. A summary of the bid invitations and the bids received is as follows: 4 Invitations For Bid mailed 3 Invitations For Bid mailed to Santa Ana vendors 2 Bids received 1 Bid received from a Santa Ana vendor 22E-1 ^ Contract Award for Locksmith Services May 5, 2008 Page 2 Bids were received and opened on March 21, 2008, and the results are as follows: Vendor Location Evaluation Price Civic Center Lock and Safe Hill's Bros. Lock & Safe, Inc. Santa Ana $20,482 Garden Grove $25,347 The bids were evaluated based on prices for commonly purchased supplies and services. To ensure that service is available when required, staff recommends awarding contracts to two vendors. The bids received from Civic Center Lock and Safe, a Santa Ana vendor, and Hill's Bros. Lock & Safe, Inc. are responsive to the specification. The annual amounts are based upon past usage and staff's projections for the next year. FISCAL IMPACT Funds are available in the various departmental accounts for Maintenance and Repair of Buildings and Grounds (object code 6261). ~~kFrancisco Gutierrez Executive Director Finance and Management Services Agency BP 22E-2 REQUEST COUNCIL FOR ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONTRACT AWARD FOR TEMPORARY EMPLOYEES (SPEC. NO. 08-027) CITY MANAGER RECOMMENDED ACT10N Award contracts for temporary employees provision for a one-year renewal, in the exceed $655,315 with the following vendors: VENDOR: DISCUSSION Account Pro Accountants Inc Apr Consulting Inc. Munitemps CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2~d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER for a one-year period, with annual aggregate amount not to LOCATION: Irvine Santa Ana Irvine Riverside On March 3, 2008, the City Council approved a new financial software implementation project, with an estimated completion date of January 2010. Lawson has begun preliminary work, with software training for staff involved in the implementation to begin in May. To facilitate assigning City employees 100% to the software conversion project, staff recommends that temporary recruitment agencies be contracted to provide backfill for five positions in the Finance and Management Services Agency (Accountant I, Accountant II, Budget Analyst, Buyer, and Purchasing Assistant) as well as two Personnel Analysts in the Personnel Services Agency. The length of each backfill assignment will be linked to the specific module implementation plan and timeline, with the two Personnel Analysts, the Accountant I and the two purchasing temporary employees scheduled to begin on May 12, 2008. Upon completion of each specific module, full-time staff will resume their normal functions. 22F-1 Contract Award for Temporary Employees May 5, 2008 Page 2 In order to select from a wide pool of qualified applicants, a Request For Qualifications was solicited on March 27, 2008, and 13 recruitment companies responded with resumes for 137 candidates for consideration. Resumes were reviewed and those demonstrating the strongest match to the desired knowledge, skills and abilities - particularly those with governmental work experience - were invited to an oral interview as the final selection process. The recruitment companies listed presented the selected candidates and meet the City's requirements. FISCAL IMPACT Funds are available in the Information Technology Services Fund account (no.109-171-6191). C~S~~~ LZ~~a ~~ Francisco Gutierrez ~u~ Executive Director Finance and Management Services Agency FG/KM/08-027.2:sh 22F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONTRACT AWARD FOR WYSE TERMINALS (SPEC. NO. 08-028) } CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to CDW Government, Inc. for the purchase of 250 WYSE terminals in the amount not to exceed $137,100. DISCUSSION The Santa Ana Police Department utilizes computer terminals throughout the organization to facilitate daily operations. With no moving parts or local storage, computer terminals offer reliability and the utmost security and protection against viruses, as well as a lower cost of ownership than personal computers. Terminals are used by police officers to prepare their daily reports and by staff who only utilize electronic mail and a word processor. The existing terminals are over seven years old and are scheduled for replacement. Additionally, the current terminals are not compatible with the new technology of the Winterminal servers, making them obsolete. The notice inviting bids was advertised March 25, 2008, and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations for Bid mailed 5 Bids received Bids were received and opened April 8, 2008 received from CDW-Government, Inc. is responsive to meets the City's requirements. (Exhibit 1) The bid the specification and 22G-1 Contract Award for Wyse Terminals May 5, 2008 Page 2 FISCAL IMPACT Funds area available in the Finance Services Strategic Plan account (no. 110-179-6391) . APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22G-2 CITY OF SANTA ANA PURCHASING DIVISION ABSTRACT OF BIDS WYSE V1OL THIN CLIENT TERMINALS (SPEC. N0.08.028) Bidder CDW -GOVERNMENT Dell Marketing, L.P. En Pointe Technologies Location Vernon Hills, IL Round Rock, TS Gardena Terms Net 30 Net 30 Net 30 Total $133,048.26 $154,440.77 ~ $155,001.07 Bidder Howard Vecmar Corporation Location Ellisville, MS Mentor, OH Terms Net 30 Net 30 Total $160,392.50 ~ ~ $143,770.83-~ EXHIBIT 1 22G-3 22G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONTRACT AWARD FOR GLOCK FIREARMS, TASERS, AND ACCESSORIES (SPEC. NO. 08-032) C,~,c~`w"~-" ITY MANAGER RECOMMENDED ACTfON CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Proforce Law Enforcement for the purchase of Glock firearms, X26 tasers, and accessories for a two-year period with provision for three one-year renewals in the annual amount not to exceed $85,000. DISCUSSION The Santa Ana Police Department currently utilizes Glock-manufactured firearms as standard issue side arms. The Glock firearms allow for standardization in training and ammunition magazine interchangeability between officers. Additionally, the police department purchases X26 tasers and trier cartridges for use by officers. ProForce Law Enforcement is the sole source distributor of X26 tasers and Glock firearms in California. As a result, staff recommends Council approval of the recommended action. FISCAL IMPACT Funds are available in the Police Property and Facilities account (no. 11- 343-6391) . APPROVED AS TO FUNDS AND ACCOUNTS: Pau M. Walters Chief of Police PMW:sp .Francisco Gutierrez ~~-vExecutive Director Finance & Mgmt. Services Agency 22H-1 22H-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: CONTRACT AMENDMENT FOR MISCELLANEOUS ELECTRICAL SUPPLIES (SPEC. NO. 08-036) ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Amend the contract with Curley Wholesale Electric for miscellaneous electrical supplies by $25,000 for an annual amount not to exceed $50,000. DISCUSSION The City establishes an annual list consisting of vendors that provide supplies and services that are required by agencies on a consistent basis. Curley Wholesale Electric has been a provider of miscellaneous electrical supplies, such as circuit breakers, fuses, relays and tools, to various City agencies for the maintenance of City facilities. Curley Wholesale Electric, a Santa Ana vendor, offers reliable service, competitive pricing, and has consistently been the lowest responsive bidder on low cost items. The increase in demand for electrical supplies and two special purchases of motor lead wires for the Public Works Agency, when combined with previous purchases in the current fiscal year, exceeds the $25,000 aggregate limit and requires City Council approval. Staff requests approval to increase the aggregate limit for Curley Wholesale Electric to provide uninterrupted purchases of electrical supplies while staff solicits bids for future electrical supply needs. FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies accounts (object code 6391). c~CFrancisco Gutierrez Executive Director Finance & Management Services Agency FG/WO/08-036.A.2 221-1 221-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 5, 2008 TITLE: CONTRACT AWARD FOR SECURITY BOLLARDS (BID SPEC. 08-037) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ ,. _ _. ~ i ~~ ~ -- CI Y MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to RSA Protective Technologies, LLC to provide, deliver, and install security bollards in an amount not to exceed $200,000. DISCUSSION On November 5, 2007, the City Council accepted an $11.07 million Urban Area Security Initiative grant from the federal Department of Homeland Security, through the State of California, Office of Homeland Security. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate equipment and systems to prevent, respond to and recover from acts of terrorism. The grant provides total reimbursement to local agencies for equipment purchases approved and authorized by the Office of Disaster Preparedness. The Santa Ana Police Department evaluated security measures relating to protecting the Police Administration facility from terrorist threat and determined that installing security bollards in front of the Santa Ana Police Department building is the best solution to increase standoff distance, mitigating the damage from a vehicle-borne explosive device. The required security bollards are shallow mounted, Department of State (DOS) K4-rated, and designed for an urban setting installation. RSA Protective Technologies, LLC is the only supplier who can provide an off- site engineered shallow mounted bollard system that is DOS crash tested and certified for a minimum of three (3} years upon installation and acceptance. In order to enhance protection and mitigation capabilities of the Santa Ana Police Department building in the event of an act of terrorism, staff recommends Council approval of the recommended action. 22J-1 Contract Award for Security Bollards and Covers (Spec. No. 08-037) May 5, 2008 Page 2 FISCAL IMPACT Funds for the security bollards are Services (OES) Urban Areas Security account (no. 125-337-6641). available in the Office of Emergency Initiative (UASI) 2007 Police Grant APPROVED AS TO FUNDS AND ACCOUNTS: ~!L C ft W 'Td2 Paul M. Walters "~ Francisco Gutierrez ~~ Chief of Police `7~. Executive Director Finance & Mgmt. Services Agency PMW/TO/08-037.7: 22J-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 05, 2008 TITLE: CONTRACT AWARD FOR CITYWIDE PRINTING (SPEC. NO. 08-039) -~ V G~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award contracts for the purchase of printing services for a two-year period in the following annual amounts not to exceed: Vendor: Location: Amount: Mekong Printing Inc. Santa Ana $30,000 Printing Island Inc. Fountain Valley $30,000 Stratacom Irvine $30,000 Western Printing & mailing Santa Ana $30,000 DISCUSSION The City establishes an annual list of vendors providing services that are required by agencies on a consistent basis. The City's printing requirements include business cards, embossed City letterhead and certificates, multiple business forms, envelopes, and annual financial reports as well as color brochures and folders. The recommended vendors provide printing specialties such as: four-color process, snap-out and continuous forms, and embossing and foiling on letterhead. The vendors are consistently the lowest priced, furnish proofs, and offer timely deliveries. All printing is assigned on a per-job basis after being competitively bid. As such, the recommended action will allow the City to purchase printing without interrupted service to the City agencies. FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies account (object code 6391). (Francisco Gutierrez ~u/ Executive Director Finance and Management Services Agency FG/KM/08-039.2:sh 22K-1 22K-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 5, 2008 TITLE: CONTRACT AWARD FOR LOCAL STREET PAVEMENT REHABILITATION - THIN OVERLAY PHASE 2 (PROJECT NO. 08-1736-C) APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO f ' ~-~ ~~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to Palp Inc. DBA Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices plus add-on alternate one in the estimated amount of $3,837,205 for construction of Local Street Pavement Rehabilitation - Thin Overlay Phase 2. 2. Approve a Funding Analysis with a total estimated construction cost of $4,604,600. DISCIISSION This project is the second phase of the thin overlay treatment that is part of the City's $100 million investment to rebuild neighborhood streets throughout the City. This project will restore the pavement of several local streets that require the least amount of repair work as identified in the City's pavement management system (Exhibit 1). In addition, some of the adjacent curbs, gutters, sidewalks, cross gutters and wheelchair ramps are in various states of disrepair and require replacement. The project provides for construction of thin asphalt concrete overlay, replacement of damaged concrete curbs, gutters, sidewalks, and curb ramps. Once completed, these improvements will enhance the ride quality and visual appearance of the neighborhoods. The Notice Inviting Bids was advertised on March 26 and 28, 2008, and bids were opened on April 15, 2008. A summary of the bid invitations mailed, the bids received, and the bid results follows. 23A-1 Local Street Pavement Rehabilitation - Thin Overlay Phase 2 May 5, 2008 Page 2 Santa Ana Contractors receiving notices: 12 Contractors requesting bidding documents: 14 Bids received: 4 Bids received from Santa Ana Contractors: 0 NAME OF BIDDER CITY 1. Palp Inc. DBA Excel Paving Company Long Beach 2. All American Asphalt Corona 3. R. J. Noble Company Orange 4. Sulley-Miller Contracting Co. Anaheim BASE BID AMOUNT 3,779,755 3,786,786 3,986,615 4,240,935 A total of four bids were received and all were responsive. The lowest base bid was submitted by Palp Inc. DBA Excel Paving Company, for $3,779,755, which is above the Engineer's estimate of $3,532,210. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2008-73 will be field for the project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $4,604,600 for the project (Exhibit 2). Funds are available in the Residential Street Improvement Fund (account no. 058-552-6631). APPROVED AS TO FUNDS AND ACCOUNTS: es G. Ross ~F_rancisco Gutierrez ~;~ cutive Director Executive Director lic Works Agency Finance & Mgmt. Services Agency K:\Construction\RFCA-draft\OS-O5-2008 Overlay2 OB-1736-c ET_doc 80wd 23A-2 FUNDING ANALYSIS PROJECT 08-1736-C Local Street Pavement Rehabilitation - Thin Overlay Phase 2 Construction Contract $3,837,205 Contract Administration $191,860 Inspection and Testing $115,115 Survey Staking $76,700 Contingencies $383,720 TOTAL ESTIMATED CONSTRUCTION COSTS $4,604,600 Exhibit 2 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-02 FOR THE PROPERTY LOCATED AT 1920 NORTH GREENLEAF STREET (/~-cam--- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Jeffrey P. and Kathleen T. Dobias for the structure located at 1920 North Greenleaf Street, subject to non- substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Jeffrey P. and Kathleen T. Dobias for the structure located at 1920 North Greenleaf Street, subject to non-substantive changes approved by the City Manager and City Attorney at its April 3, 2008 meeting by a vote of 6:0 (Dickman and O'Callaghan abstained, Seeley absent). DISCUSSION After the public hearing on April 3, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25A-1 HPP Agreement No. 2008-02 May 5, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $88069 to $443.46 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\1920_N_Greenleaf\hppa08-02.cc 25A-2 REQUEST FOR Historic Resources Commission Action APRIL 3, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-02 FOR THE PROPERTY LOCATED AT 1920 NORTH GREENLEAF STREET APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director 1`~GttiQ~/~. Planning Man er RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Jeffrey P. and Kathleen T. Dobias for the structure located at 1920 North Greenleaf Street, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Jeffrey P. and Kathleen T. Dobias, request the approval of Historic Property Preservation Agreement No. 2008-02 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Tudor Revival residence and a detached, two car garage located at 1920 North Greenleaf Street (Exhibit 1). The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25A-3 HPPA No. 2008-02 April 3, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in March 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project . Hally So oleske Associate Planner Sergio Klot AICP Principal P anner HS j m hs\historic info\mills act agreements\1920_N_Greenleaf/hppa08-02.hrc 2 5A-4 o ~~ ia3 aicu 2i03 ,+s 1os --- ?0',319 2t?t1 !O ~ T i0 1 7 .?Q?I a W H 17 d ~ ~ f Q~ M .r .~ . r y 8~ 4 f y sass t811 1823 t~.. 1607 a~ l81i ~ X03 ~ i ! S d 17,~s ill? i1~ i8Q2 18Qi 1719 ~ ~ ~ 17~t! ~ i7ig 171 17iT J7u 1 1716 715 r~*n ~~~. ._._ [1 500' RADIUS HPPA-2008-02 1920 N. Greenleaf Street PLANNING AND BUILDING AGENCY E~T~ EXECUTIVE SUMMARY MARTZ HOUSE 1920 North Greenleaf Street Santa Ana, CA 92706 NAME Martz House REF. NO. ADDRESS 1920 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19`~ century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The Martz House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification ofthe distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Tudor Revival style (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. EXHIBIT 2 Page1gf4~_w State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Page 1 of 3 Resource name(s) or number (assigned by recorder) Martz House Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0053 Date: *c. Address 1920 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-091-06 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Rectangular in plan, this one-and-a-half-story, stucco-clad residence displays the characteristics of the Tudor Revival style. The building is capped with asteeply-pitched hipped roof intersected by three front-gables that step back from northeast to southwest. The roof line terminates flush with the exterior walls, with no overhangs except at selected windows where small extension forms hoods. The fagade is divided into three sections that correspond to the front gables. The north section contains a centered, deeply recessed pair offlat-headed, twelve-light casement windows. On axis above this window, a smaller, diamond-paned window with a wood sill is also recessed; its head terminates at the raised end of the north gable. Corbels punctuate the shallow projection. The central section features a slightly raised window consisting of three eight-light casements beneath a hood. The primary, hipped, roof wraps above this section of the fagade and culminates in a front gablet pierced by three pipe vents arranged in a triangle. Set back substantially, the south wing contains the entry. Ornamental half-timbering distinguishes the gable face and the fagade of the covered entry porch below it. A vent made of horizontal louvers occupies the apex of the gable. An extended rake terminates the south side of the gable. The entry porch is accessed via awood-trimmed arch that is flanked by rectangular openings screened by turned spindlework. Eight-light French doors face east while the wood front door faces south onto the space, which is elevated four steps above the entry path. Windows and dormers with mufti-light, wood-framed casement windows in a variety of configurations are asymmetrically arranged on the side elevations. One window facing south fo the entry porch from the center wing is distinguished by a wood mullion in the form of a turned colonnette. An attached, stucco-clad chimney with a corbelled brick cap and three chimney pots marks the north elevation. Alterations are minor and include the demolition of the original garage and anon-original paving on the entry path. The residence is highly intact and in excellent repair. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSa. Photo P5b. Photo: (view and date) East elevation November 2007 *P6. Date Constructed/Age and Sources: ^historic 1930/Orange County Tax Assessor Records *P7. Owner and Address: Jeffrey & Kathleen Dobias 1920 North Greenleaf St. Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: November 7, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (lis1~ ~ A ~~ DPR 523A (1/95) L /~ 2 of 4 *Required information Primary # HRI # Trinomial NRHP Status Code Reviewer State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 xKesource Name or #: Martz House B1. Historic Name: Martz House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival) *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 December 12, 1960. Addition (2` by 6) to front of existing garage by S.A. Overhead Door Company, $200. April 5, 1976. Private swimming pool and spa installed by Sunset Pools Wesf, $7,340. May 10, 1976. Demolish garage and build 10' by 20' carport by Raymond C. Anderson, owner, $780. *67. Moved? ^No DYes OUnknown Date: Original Location: *B13. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Martz House is architecturally significant as an intact example of the Tudor Revival style. No original building permit was located for this property. The residence first appears in Orange County Tax Assessor Records in 1930, at which point it was owned by Edgar L. Martz and his wife Fern. By 1931, ownership had shifted, when Martz sold fhe residence to William S. Allen, the manager of Banks Huntley and Company, and his wife Patsy. The Allens retained ownership until the mid-1930s. By 1937, Harry F. Petersmeyer, a sales manager and advertising agent at Excelsior Creamery Company, and his wife Florence occupied the property. Residency had shifted again a year later, when Charles Guy Dowds, a real estate agent and his wife Gladys occupied the home. The Dowds remained in 1920 North Greenleaf Street until the early 1940s. By 1947, Isaac Chester Golden and his wife Nora occupied the home. After Isaac Golden's death in 1956, Nora Golden remained in the property until at least the early 1960s. (See Continuation Sheet 3 of 3.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Fire Insurance Maps, Santa Ana, 1906-1950, Sheet 54 (See Continuation Sheet 3 of 3.) 613. Remarks: *614. Evaluator: Leslie J. Neumann (This space reserved for official comments.) Sketch Map s _' __ ~ a O ~ 1920 N. Greenleaf Street O O 002-091-06 -A -- ~ O®~ ~ U O U u " ~; ~ ~ O - ..-- ® p ~ ,0 sra~r r r *Date of Evaluation: November 7, 2007 DPR 5236 (1/95) A ~a~ 3 ~4 'Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Martz House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date November 7, 2007 0 Continuation ^ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Martz House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Reviva! styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the E! Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, of 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War ll years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Martz House qualif<es for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Typical features of this style illustrated by the house include its asymmetrical and picturesque composition; decorative half-timbering; vertical emphasis keynoted by the steeply pitched, multi-gabled and hipped roof,' and variety of mult-flight casement windows. Additionally, the house has been categorized as `Key" because it `has a distinctive architectural style and quality" as an example of the Tudor Revival style. Character- defining exterior features of the Martz House that should be preserved include, but may not be limited to, materials and finishes (stucco and wood); roof configuration and detailing; entry porch; original windows and doors where extant; attached chimney; architectural details such as the decorative half-timbering, turned spindlework, and corbels marking the gable apex. B12. References (continued): Armor, Samuel. History of Orange Countv. Los Angeles: History Record Company, 1921 California Death Index, 1940 - 2000. Franklin, Don. IVW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room, Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento: March 1995. Orange County Tax Assessor Records, Book 397, vol. 1, 1929 - 1932, Tract 813, p. 63; Book 390, vol. 1, 1925 - 1928, Tract 813, p. 139. Santa Ana and Orange County Directories, 1927-1962. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange Countv Register. September 15, 1981. `History of Floral Park." hftp://www.floral-park.com/page2.html. DPR 523E A4 w MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this May 5, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Jeffrey P. and Kathleen T. Dobias, (hereinafter referred to as "Owners"), owners of real property located at 1920 North Greenleaf Street Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1920 North Greenleaf Street Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- L~I~T'~O MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 5, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25A-11 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25A-12 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25A-13 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1920 North Greenleaf Street Drive, Assessor Parcel Number, 002-091-06, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Jeffrey P. and Kathleen T. Dobias 1920 North Greenleaf Street Drive Santa Ana, CA 92706 -5- 25A-14 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25A-15 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Jeffrey P. Dobias Date: By: Kathleen T. Dobias APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25A-16 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 Exhibit A Lot 14 of Tract No. 813, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 25, page 3 of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-091-06 -s- 25A-17 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25A-18 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io- 25A-19 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 25A-20 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 -12- 25A-21 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 f ~1~ r 'x ' b `~~~ 'P` ~'p a,r . ~ ~,at" m +* ~, r i„ : „ ~,,,: ., ,,.. ,. • -.. ~_ „~ ,„ ' . . ~ 1J: lL r-S Y t ~~ „ ~ J ~ , a. ~~~~ ~~ t~ ~,.. `~ ~r~ _a -~ ~Fe~`~'~S~(A~k~ f 4 -13- 25A-22 MILLS ACT AGREEMENT 1920 North Greenleaf Street Drive Santa Ana, CA 92706 -14- 25A-23 Q Z O Q V O J 0 i-- O. H W W OC H V~ LL Q W J Z W W OC C7 H O Z 0 N r w w Q w z w C~ 0 I~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I 1 I I I I I 1 I O I I ~~ 0 Z 25A1~4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-03 FOR THE PROPERTY LOCATED AT 2301 NORTH FLOWER STREET ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Karen R. Klosterman for the structure located at 2301 North Flower Street, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Karen R. Klosterman for the structure located at 2301 North Flower Street, subject to non- substantive changes approved by the City Manager and City Attorney at its April 3, 2008 meeting by a vote of 7:0 (O'Callaghan abstained, Seeley absent). DISCUSSION After the public hearing on April 3, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25B-1 HPP Agreement No. 2008-03 May 5, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $96.98 to $484.89 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: J~y/l~f. Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency /~ HS:rb ~" hs\historic info\mills act agreements\2301_N_Flower\hppa08-03.cc 25B-2 REQUEST FOR Historic Resouir+ces Commission A~cfion Hsrowc RFSOURCES~ NEEfING IDAI'E: APRIL 3, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-03 FOR THE PROPERTY LOCATED AT 2301 NORTH FLOWER STREET Prepared by Hally Soboleske ~srowc RESOUIR(~S c~on~w~ssioni SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Executive Director Planning M ager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Karen R. Klosterman for the structure located at 2301 North Flower Street, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Karen R. Klosterman, requests the approval of Historic Property Preservation Agreement No. 2008-03 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a two-story Colonial Revival residence and a detached, two-car garage located at 2301 North Flower Street (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25B-3 HPPA No. 2008-03 April 3, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in March 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. ~~ Hally S oleske Associate Planner ergio Klot ICP Principal P anner HS:jm hs\historic info\mills act agreements\2301_N_Flower/hppa08-03.hrc 25B-4 369 13gj ~ .. _ ?383 N 2401 1.,184 ~" ry ?40I ?401 3,t5 241 ?337 23,18 14se 933 133? ?7 ~j O is O ~ ~ ~ is oy ~'~ saNTa ~ Ay ~ a ~ aio av ~ ~ X208 ~ '~ 0 ?2(14 ~ 2144 ~ ?13d ~ 2133 ~ 21~ Z13'~ ~ Z1Z5 113D ~.__ __ ZLZ6 ?i34 ~ 500' RADIUS H PPA_2008-03 2301 North Flower Street PLANNING AND BUILDING AGENCY ~~~B 7 1 EXECUTIVE SUMMARY SUMMERS-SMITH HOUSE 2301 N. Flower Street Santa Ana, CA 92706 NAME Summers-Smith House REF. NO. ADDRESS 2301 N. Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Summers-Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SSl: Individual property that is listed or designated locally. EXHIBIT 2 ~~~of 5~ State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # Trinomial NRHP Status Code Other Listings ~ Review Code Reviewer Date Page 1 of 4_ Resource name(s) or number (assigned by recorder) Summers-Smith House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0053 Date: *c. Address 2301 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-072-19 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in wide, horizontal, wood siding, this one- and one-half story residence displays many of the Typical features of the Colonial Revival style. A medium pitched, side-gabled roof caps the building, which is rectangular in plan. The symmetrical massing features a central block containing three bays and flanking, lower-roofed wings, each one bay wide. Three large, front-gabled wall dormers, each occupied by asix-over-six double-hung sash window, break the roof line of the central block. Shallow enclosed eaves are trimmed with molding. Located in the south bay of the central block, an elaborated frontispiece marks the entry, which is elevated two brick steps above a brick walkway. A six-panel wood door is framed by fluted pilasters detailed with capitals and bases and topped by a pediment with a raked cornice and partial returns. An applied shell motif accents the pediment with additional decorative detail provided by an elliptical fanlight over the door. Lower story iagade fenestration consists ofsix-over-six, double-hung sash windows framed by decorative shutters, plain wood surrounds, and slightly projecting sills. Window conflgurafions and styles are repeated on the side elevations, which also feature paired four- over-four double-hung sashes with plain wood frames. A rectangular vent with horizontal louvers pierces the side gable apex. The south elevation of the house features a small lath house, added in 1939, and, extending east, a garage. Alterations include a composition shingle roof, added in 1988, and an iron fence. The residence is otherwise highly intact, in excellent repair, and further enhanced by mature landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) West elevation November 2007 *P6. Date Constructed/Age and Sources: ^historic 1937/City of Santa Ana Building Permits *P7. Owner and Address: Karen Klosterman 2301 N. Flower St. Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: December 19, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1195) 'Required information 2 ~ ~ga~+3of 5 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: Summers-Smith House B1. Historic Name: Summers-Smith House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1937 August 24, 1937. Residence and garage constructed for $10,000. December 9, 1939. Lathhouse constructed, $200. October 3, 1988. Reroof residence. *67. Moved? ^No f]Yes Unknown *B8. Related Features: Garage. B9a. Architect: Unknown b. Builder: Floyd 8. Rogers *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Summers-Smith House is architecturally significant as an intact example of the Colonial Revival style. The land on which the house was constructed was purchased by Mona Summers Smith on December 7, 1936 from Allison C. and Helen L. Honer. According to the original building permit, the house was commissioned in 1937 from Santa Ana contractor Floyd B. Rogers by Mona Summers Smith, who resided in the home from 1937 to 1943 with her mother, Ella E. Summers. Mona Summers Smith was one of two daughters of Edgar G. Summers, the founder of the Santa Ana Lumber Company, and his wife Ella. Natives of Franklin County, Illinois, the Summers moved to Santa Ana in 1921. That same year, Edgar, a veteran lumber dealer, and his partner L. T Clem established the Santa Ana Lumber Company on the site of a former barley field at the end of West Fourth Street. Upon his death in 1937, Edgar left leadership of the company to his son-in-law, Richard Allen Emison, who was married to the Summers' daughter, Essia. Described as `an important factor in the growth of Santa Ana and the construction industry of Orange County" (Orange County Business. Second Quarter, 1971), the Santa Ana Lumber Company was presided over by Emison until 1980. During their occupant' of the home, Ella Summers served as vice president of the Santa Ana Lumber Company; and Mona Summers-Smith was employed by the Santa Ana Public Library as (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Orange County Grantee and Grantor Records Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) *Date of Evaluation: December 20, 2007 Date: Original Location: S ketch Ma p V V - _ , ~ ~ ~ 2301 N. Flower Street 002-072-19 ,, O O CU 4 C~ C7 0 O , ~ O - _ _ ~ O ~~. N O . $ -._.O._ O _n ~ ~.. ,~ O ~ _ ~ I ~• SAN7A -` -~ CL AF DPR 523B (1/95) *Required information 25~=~f5 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assianed by recorder) Summers-Smith House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date December 20, 2007 O Continuation ^ Update *B10. Significance (continued): an assistant and reader's aide. Although Summers-Smith married Harv Smith in Illinois shortly before moving fo Califomia, city directories and legal records on the house do not indicate that Smith resided in the home with his wife and mother-in-law. In 1943, Mona Summers-Smith sold the home to Harry C. Arthur, Jr., who does not appear to have occupied the home. From at least 1947 fo the late 1950s, George A. King and his wife Helen resided in the home. Throughout this time period, city directories indicate that King was employed alternatively as the manager of Fox Theater, Walker's Theater, and as a clerk with South Counties Gas. Ownership changed hands in January 1957, when Frank and Dora Strachan purchased the property from Arthur, holding the residence for one year before selling to Alexander and Florence Miller in January 1958. Owners of Tiny Tim's Market, the Millers remained in the residence for the remainder of their lives (the dates of their deaths are unknown). The Millers left the house fo their son Timothy, who sold it to John and Jane Lewis in February 2000. Since that time, ownership of the residence shifted fo Karen Klosterman, the current owner of the home. Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Summers-Smith House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. !n the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Summers-Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Typical features of this style illustrated by the house include its symmetrical composition; gabled roof treatment accented with dormers; materials palette of wood with brick landscape elements; incorporation of a classical architectural vocabulary, most noticeably with the treatment of the main entry; and use ofsix-over-six double-hung sash windows with wood frames and decorative shutters. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Colonial Revival style `is a good example of period architecture." Character-defining exterior features of the Summers-Smith House that should be preserved include, but may not be limited to, materials and finishes (shiplap wood siding, brick front steps); roof configuration and detailing; original windows and doors where extant; architectural details such as the elements of the frontispiece, and contributing garage and lath house. DPR 523E w ~~4 ~5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of _4_ Resource Name or # (Assigned by recorder) Summers-Smith House 'Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date December 20, 2007 0 Continuation ^ Update B12. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 1005. Franklin, Don. `7VW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide fo American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form. "Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1962. Ward, Cynthia, Anaheim, CA. Department of Parks and Recreation, Primary Record, 2301 N. Flower Street. September 2007. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `Ex-chief of SA lumber firm dies at 87 after brief illness," Santa Ana Register. January 3, 1982. `History of Floral Park." h~.//www.floral-park.com/page2.html. "Obituary of Ella E. Summers," Santa Ana Register. November 26, 1964. "Santa Ana Lumber Company: An Important Factor in Orange County Growth," Orange County Business. Second Quarter, 1971. DPR 523E P~~ ~ _ ~ O MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this May 5, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Karen R. Klosterman, (hereinafter referred to as "Owner"), owner of real property located at 2301 North Flower Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2301 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~T ~ ~1 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 5, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 256-12 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 256-13 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 256-14 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2301 North Flower Street, Assessor Parcel Number, 002-072-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Karen R. Klosterman 2301 North Flower Street Santa Ana, CA 92706 -5- 256-15 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint. enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 256-16 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Karen R. Klosterman APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 256-17 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 Exhibit A That portion of lot 4 of Potts, Borden and Sidwell Tract, in the City of Santa Ana, County of Orange, State of California, as shown on a map thereof recorded in Book 4, Page 624, Miscellaneous Maps in the office of the County Recorder of Said County. Assessor Parcel No. 002-072-19 -8- 256-18 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 256-19 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 256-20 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 256-21 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 ,~_~::- { i B Lz ode - _. ~nr~(~~Il - w'~y A tP A # r ~;i i © East side elevation "~; t ~: -12- 256-22 MILLS ACT AGREEMENT 2301 North Flower Street Santa Ana, CA 92706 0 West side elevation -13- 256-23 a a z O Q V O J H 0 2 a F- W W F- N W O J LL 2 H O z 0 M N 0 0 N ^ I I ^ ~ I I I i 'C ~ ~ i w w ~^, Z ~ ° w O J 25B-2~4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-04 FOR THE PROPERTY LOCATED AT 2448 NORTH RIVERSIDE DRIVE cL ~~~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Steven E. Nickols for the structure located at 2448 North Riverside Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Steven E. Nickols for the structure located at 2448 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its April 3, 2008 meeting by a vote of 7:0 (O'Callaghan abstained, Seeley absent) . DISCUSSION After the public hearing on April 3, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement {Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) Additionally, the agreement prevents inappropriate alterations. 25C-1 HPP Agreement No. 2008-04 May 5, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $115.19 to $575.97 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Jay r4! Trevino Francisco Gutierrez Executive Director Executive Director ~ Planning & Building Agency Finance & Management Services Agency/,~.~ HS:rb -1' hs\historic info\mills act agreements\2448_N_Riverside\hppa08-04.cc 25C-2 REQUEST FOR Historic Resources Commission Action Hsra~c oon~ssioN ~c cATr=: APRIL 3, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-04 FOR THE PROPERTY LOCATED AT 2448 NORTH RIVERSIDE DRIVE HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION F-~lrl Plannin anager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Steven E. Nickols for the structure located at 2448 North Riverside Drive, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Steven E. Nickols, Property Preservation Agreement No. property owner and the City of Santa Property Description requests the approval of Historic 2008-04 (Mills Act) between the Ana. The subject property includes a one and a half story Tudor Revival residence and a detached, two-car garage located at 2448 North Riverside Drive (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25C-3 HPPA No. 2008-04 April 3, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in December 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Hally S oleske Associate Planner y-- Sergio Kl t AICP Principal Tanner HS j m hs\historic info\mills act agreements\2448_N_Riverside/hppa08-04.hrc 25C-4 HPPA-2008-04 2448 North Riverside Drive PLANNING AND BUILDING AGENCY 2~`~`~" EXECUTIVE SUMMARY CAIN HOUSE 2448 North Riverside Drive Santa Ana, CA 92706 NAME Cain House REF. NO. ADDRESS 2448 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19`" century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Cain House is eligible for listing in the California Register of Historical Resources. The Cain House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the English Revival style "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. 2s 1~2 ~f State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listing; Review Code Primary #. HRI # Trinomial NRHP Status Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Cain House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0053 Date: 'c. Address 2448 North Riverside Drive City Santa Ana Zip 92706 "e. Other Locational Data: Assessor's Parcel Number 002-064-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story residence features the characteristics typical of the Tudor Revival style. Clad in textured stucco, the house is capped by a steeply pitched, side-gabled roof, terminating in open, shallow, overhanging eaves and exposed rafter tails. The side gable is intersected by three front gables of varying heights, each accented with decorative half timbering and topping a projecting bay or wing. Rectangular vents with pointed heads are centered in the upper gable faces. Thin bargeboards emphasize the steep pitch. Centered in the west projection, a deeply recessed, arched picture window features a scored plaster surround that simulates masonry blocks. The gable rake extends on the west side fo enclose a wing wall pierced by a round-headed archway. Set back slightly, a lower gable east of the projecting wing marks the entry porch, which shelters a wood door accented with iron hardware. The door faces east while anine-light window faces the street. Two slightly arched openings are correspondingly oriented towards the east and the street. A tripartite window, consisting of a fixed pane window with three-light transom, flanked by two rectangular casement windows with a similar configuration, overlooks a small patio east of the entry. An arched picture window, set nearly flush with the wall, is centered on the fagade of the projecting east wing. One-over-one, double-hung sash windows with wood frames provide fenestration on the side elevations. A stucco- clad chimney with corbelled brick cap and flared base is attached to the west elevation. A secondary entry, accessed via a squared arch opening, is located on the east elevation. Southeast of the house, gone-story garage has been altered by the installation of anon-original garage door. Other modifications include ongoing renovations to the house, such as a new but compatible shingled roof and detailing of the half-timbering. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) North elevation November 8, 2007 *P6. Date Constructed/Age and Sources: ^historic 1930/City of Santa Ana Building Permits *P7. Owner and Address: Steven E. Nickols 2448 N. Riversdie Dr. Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: November 8, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) 25~a e~f 5 *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 Rva~u~av i~amv or *: ~.a~n House B1. Historic Name: Cain House 62. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1930 August 25, 1930. Residence and garage constructed for $4,000. April 13, 1933. Rebuild brick chimney. September 6, 1944. 6' by 8' addition to residence (bathroom), $500. August 3, 1988. Reroof. September 12, 1997. Reroof garage, $1,975. June 19, 2007. Reroof residence, $6,100. *B7. Moved? ^No f]Yes DUnknown Date: *B8. Related Features: None. Original Location: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Cain House is architecturally signitrcant as arepresentative example of the Tudor Revival style. According to the original building permit, dated August 25, 1930, the residence and garage were constructed at a cost of $4,000. The original owner of the property when it first appears in tax assessor rolls in 1931 was Della Cain. By 1932, Cain had sold the property fo Harry D. Mcllvain, who occupied the home with Clifford Mcllvain, until 1938. From 1939 through the early 1940s, the residence was occupied by Jacob Coffman, manager of Sears Roebuck & Company, and his wife Edna. By 1947, occupancy had shifted again when Arnold P. Norton and his wife Helen resided in the home. Born in 1905, Norton attended Santa Ana High School and the University of California, Berkeley. After graduating, Norton worked in the lumber trade until retiring in 1970. He also served as the vice president of the Orange County Library in the early 1950s. In subsequent decades, residency of the house changed several times. (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) Sketch Map ~ - °t~,\t ~ 2448 N. Riverside Drive ,: ~.,~ ~ , 002-064-09 ;~ o ~ ~ o~, o ~~~ CU ,y ~~+ .y O n a .~ ~ 6 OA O ~ ~ ~ o °. c u ~~ a 0 0 G ~ 4 O ~ s------~'- a s ---- w ~~\\ E l0/ i\ *Date of Evaluation: November 8, 2007 DPR 5238 (1/95) ~~~f 5Q "Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Cain House rcecoraea Dy uesue u. rieumann and Deborah Howell-Ardila *Date November 8, 2007 ~ Continuation ^ Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Cain House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Nom~an, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as numerous smaller, single-family houses were built. Continuing in the Flora) Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2006), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Cain House lies in the northern section of Floral Park known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that: `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "~ Under the regulations implementing the California Register of Historical Resources, the Cain House, which is a contributor to the National Register district is eligible for listing in the California Register. The Cain House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Typical features of this style illustrated by the house include its stucco cladding accented by decorative half-timbering; vertical emphasis keynoted by multiple, steeply pitched gables; asymmetrical arrangement of fagade elements; and use of arches of various shapes. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Tudor Revival style °is a good example of period architecture." Character-defining exterior features of the Cain House that should be preserved include, but may not be limited fo, materials and finishes (stucco and wood); roof configuration and detailing; original windows and doors where extant; wing wall with round-headed opening; attached chimney with flared base and corbelled brick cap; and architectural details such as the simulated stone window surround and the decorative half-timbering. ' Determination of Eligibility, February 25, 1980. DPR 523E A ~ ~.~,5~ State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Cain House °rcecoraea py Lesne J. Neumann and Deborah Howell-Ardila *Date November 8, 2007 f~ Continuation ^ Update *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento: March 1995. Orange County Tax Assessor Records, Book 397, vol. 1, 1929 - 1932, Tract 813, p. 63; Book 390, vol. 1, 1925 - 1928, Tract 813, p. 139. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84."The Santa Ana Journal. September 21, 1981. `A.P. Phil' Norton." Santa Ana Register. January 28, 1986. `Builder of Honer Plaza Dies, "Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html. Santa Ana and Orange County Directories, 1928-1962. DPR523L ~~~_~ O MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this May 5, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Steven E. Nickols, (hereinafter referred to as "Owner"), owner of real property located at 2448 North Riverside. Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2448 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E~~~ 1 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 5, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 25C-12 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25C-13 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25C-14 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2448 North Riverside Drive, Assessor Parcel Number, 002-064-09, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Steven E. Nickols 2448 North Riverside Drive Santa Ana, CA 92706 -5- 25C-15 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 25C-16 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Steven E. Nickols APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25C-17 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 Exhibit A Lot 14 of Tract No. 754, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 22, page 37 of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-064-09 -s- 25C-18 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25C-19 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io - 25C-20 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92.706 Exhibit C (photographs attached) - 11 - 25C-21 .. ~• ~ ~ ~ V r~ront elevation - - ,~~ MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 -12- 25C-22 MILLS ACT AGREEMENT 2448 North Riverside Drive Santa Ana, CA 92706 -13- 25C-23 a a z 0 a 0 J I- a. W W OC W OC I- OC O z 00 N w 0 w o >' ~ ~ 0 ^ M F 0 Z 25C'~4 W >- O o REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-05 FOR THE PROPERTY LOCATED AT 2460 NORTH HELIOTROPE DRIVE ~(/t-'~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1ST Reading ^ Ordinance on 2nd Reading ^ Implerrienting Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Steven and Kimberly Rodriguez for the structure located at 2460 North Heliotrope Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the the Council to execute the attached agreement Rodriguez for the structure located at 2460 subject to non-substantive changes approved by Attorney at its April 3, 2008 meeting by a abstained, Seeley absent). DISCUSSION City Manager and Clerk of with Steven and Kimberly North Heliotrope Drive, the City Manager and City vote of 7:0 (O'Callaghan After the public hearing on April 3, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) Additionally, the agreement prevents inappropriate alterations. 25D-1 HPP Agreement No. 2008-05 May 5, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $88.93 to $444.66 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~ i 1~-1->L_ ~ . i Jay Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~j HS:rb hs\historic info\mills act agreements\2460 N_Heliotrope\hppa08-OS.cc 25D-2 REQUEST FOR Historic Resouroes Commission Action IisroRlc R~souRCES ao~sloN n~rr~c DATE APRIL 3, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-05 FOR THE PROPERTY LOCATED AT 2460 NORTH HELIOTROPE DRIVE Prepared by Hally Soboleske HISTORIC RESOURCES OOMAVIISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO f~ xecutive Director Planning Man er RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Steven and Kimberly Rodriguez for the structure located at 2460 North Heliotrope Drive, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Steven and Kimberly Rodriguez, request the approval of Historic Property Preservation Agreement No. 2008-05 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single-story Spanish Colonial residence and a detached, two-car garage located at 2460 North Heliotrope Drive (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25D-3 HPPA No. 2008-05 April 3, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in March 2008 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. Ha ly S oleske Associa e Planner HS:jm hs\historic info\mills act agreements\2460_N_Heliotrope/hppaOB-OS.hrc ~Y - Sergio Klotz, CP Principal Planner 25D-4 HPPA-2008-05 2460 North Heliotrope Drive PLANNING AND BUILDING AGENCY EY~#I~T EXECUTIVE SUMMARY PURINTON HOUSE 2460 North Heliotrope Drive Santa Ana, CA 92706 NAME Purinton House REF. NO. ADDRESS 2460 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of Historic Places, the Taylor House has been listed in the California Register of Historical Resources. The Purinton House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Mission/Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. EXHIBIT 2 ~3 ~-6 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code 1 of 4 Resource name(s) or number (assigned by recorder) Purinton House Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0053 Date: *c. Address 2460 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-063-03 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Characterized by horizontal massing and a rectangular plan, this is a one-story, stucco-clad residence in the Spanish Colonial Revival style. Featuring an asymmetrical composition, the residence is capped by aside-gabled roof, clad in red tiles and Terminating in shallow open eaves with exposed rafter fails. Offset to the east, the focal point of the facade is a deeply recessed entry, which is oriented toward the street and elevated on five steps. Accented with decorative ironwork and hardware, the wood door features a small square light screened behind turned spindlework. West of the entry, three pairs of eight-light, wood-framed casement windows are recessed and separated by heavy piers with molded bands simulating capitals. Similar sets of multi-light casement windows are located at each end of the facade. Additional multi-pane casement windows and four-over-one double-hung sash windows appear on the side elevations, in addition to a bay window on the west elevation. An attached brick chimney is centered on the gable end on the east elevation while a wall projection extending above the roof line and capped with a hipped the roof, simulates a chimney on the west elevation. Aone-story, stucco-clad garage with a pent the roof across the front is located southeast of the house. Alterations to the property include a non-original garage door and file paving of a portion of the entry path. In excellent repair, the residence is otherwise highly intact and enhanced by mature trees and landscaping. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) Northeast elevation November 2007 *Pti. Date Constructed/Age and Sources: ^historic 1928/City of Santa Ana Building Permits *P7. Owner and Address: Steven & Kimberly Rodriguez 2460 North Heliotrope Dr. Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D.Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: November 7, 2007 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) DPR 523A (1/95) Primary #. HRI # Trinomial NRHP Status Code Reviewer *Required information 2~f~-'~ State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 2D2 ~cr~svurvrr ~~arne yr ~: runnron house B1. Historic Name: Purinton House B2. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *65. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1928 October 5, 1928. Residence and garage constructed for $5,000. April 29, 1944. Reroof residence, $220. September 11, 1980. Open patio cover by Fairchild Design and Development, $500. October 27, 1988. Reroof residence. *B7. Moved? ^No DYes DUnknown Date: Original Location: *B8. Related Features: None. 69a. Architect: Unknown b. Builder: Roy Russell (attributed) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Purinton House is architecturally significant as an intact example of the Spanish Colonial Revival style and of historic interest for its association with Frank L. Purinton and Floyd W. Howard, both of whom contributed to the civic life of Santa Ana. According to the original building permit the house was constructed in 1928 for Roy Russell, one of the original builders of Floral Park. Orange County tax assessor records indicate that the original owner of the property was Santa Ana Mayor Frank L. Purinton, who resided in the home with his wife Gertrude until 1932. A native of Salina, Kansas, Purinton moved to Santa Ana in 1920, where he became active in the cattle ranching trade. Although he lost an initial bid in April 1923 for a seat on the Santa Ana board of trustees, in December 1924 he was appointed to the board to occupy the seat of Nat Neff after Neft's death. Purinton was subsequently appointed mayor in December 1925. His bid for the Ward 5 seat on the board of trustees in April 1927 was successful, and he was again appointed mayor. His mayoral term ended in 1931, when he lost a reelection bid for the Ward 5 seat on the board of trustees. By 1933, residency of 2460 North Heliotrope Drive had shifted, as Charles M. Silver, a plumber, occupied the home. By 1935, Floyd W. Howard, Santa Ana's chief of police, and his wife Inez resided in the home. Howard, a native of Missouri, served in the United States Marines from 1916 to 1919, after which he was employed as a salesperson for Standard Oil Company. In 1925, he joined the Santa Ana police force and, in 1931, was elected chief of police. Howard and his wife Inez resided in the home until the early 1940s, after which point residency shifted several times. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Fire Insurance Maps, Santa Ana, 1906-1950, Sheet 53 (See Continuation Sheet 3 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann (This space reserved for official comments.) Sketch Map V / ~ ` / Y ~., Off'.. ~' v 2460 North Heliotrope Drive 002-063-03 ,,. ~n ~ } O 75 k V s ~O ~ ~ U ~.,~ - : O oy ~ ~ ~ C O _. JL _ ~ v __..__... _= y' O *Date of Evaluation: November 7, 2007 DPR 5238 (1/95) 2~f~-~ *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Purinton House rcecoraea Dy ~esl~e ~. r-eumann and Deborah Howell-Ardila *Date November 7, 2007 ~ Continuation ^ Update *B10. Significance (continued): By 1947, Ralph 8. Coomber, a physician in practice at 1205 North Broadway, and his wife Amelia occupied the home. Subsequent residents were James M. Johnson, who served with the US Marine Corps, and his wife Marguerite (from circa 1952 to 1956), Mrs. Frances Schonfelder in the mid-1950s, and Fred L. Whitney and his wife Lordelia (circa early 1960s). Occupancy has since changed on several occasions. Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated frelds and orchards dotted with widely scattered farmhouses. The Purinton House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth Street North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued ifs development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Purinton House lies in the northern section of Floral Park historically known as North Broadway Park. Bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that `North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century. The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine fo create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources, the Taylor House, which is a contributor to the National Register district, has been listed in the California Register. The Purinton House also qualities for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplirrcation of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the house include the signature combination of stucco walls with a red the roof,• deeply recessed entry and casement windows; horizontal massing suggestive of a hacienda; asymmetrical composition; and wood-trimmed eaves. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style `9s a good example of period architecture." Characfer- defining exterior features of the Purinton House that should be preserved include, but may not be limited to, materials and knishes (stucco, wood, wrought iron, and red files); asymmetrical treatment of elements on the fagade; roof configuration and detailing; original windows and doors where extant; brick chimney; architectural details such as the piers between facade windows. ~ Determination of Eligibility, February 25, 1980. DPR 523E ~~~5 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Purinton House rcecoraea ny ~esne ~. r-ieumann and Deborah Howell-Ardila *Date November 7, 2007 ~ Continuation ^ Update *612. References (continued): Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. City of Santa Ana, Office of the Clerk of the City Council. "City of Santa Ana Election History" (n.d.). Franklin, Don. `NW Sanfa Ana History: Roy Russell & Son, Builders." Unsourced article from the Sanfa Ana History Room Historic House File, circa 1995. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York: WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How fo Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento. March 1995. Pleasants, J.E. History of Orange Counfv California Biographical Volume Ill. Los Angeles: JR Finnell & Sons Publishing Co., 1931. Santa Ana and Orange County Directories, 1930-1962. `Ex-Santa Ana Mayor Dies. "Santa Ana Register. December 1, 1953. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Alison Honer Dies at 84."The Santa Ana Journal. September 21, 1981. `Builder of Honer Plaza Dies."Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.htm1. DPR 523E P~ _ ~ O MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this May 5, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Steven and Kimberly Rodriguez, (hereinafter referred to as "Owners"), owners of real property located at 2460 North Heliotrope Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2460 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E~ ~ 1 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 5, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25D-12 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. ~~D-13 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 2~D-14 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2460 North Heliotrope Drive, Assessor Parcel Number, 002-062-03, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Steven and Kimberly Rodriguez 2460 North Heliotrope Drive Santa Ana, CA 92706 2~D-15 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25D-16 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Steven Rodriguez Date: By: Kimberly Rodriguez APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 250-17 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A Lot 33 of Tract No. 75f4, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 22, page 37 of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 002-062-03 -g- 25D-18 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25D-19 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - io- 25D-20 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25D-21 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 -12- 25D-22 MILLS ACT AGREEMENT 2460 North Heliotrope Drive Santa Ana, CA 92706 -13- 25D-23 a a z 0 O J H 0 W D W a O o~ H- O J W H O Z 0 co N w O _O J i o M ^ I O ^ I I I ~ • i i ~ _ Z 25[~4~24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-06 FOR THE PROPERTY LOCATED AT 2006 NORTH VICTORIA DRIVE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implerrienting Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Angel Barnes for the structure located at 2006 North Victoria Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Angel Barnes for the structure located at 2006 North Victoria Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its April 3, 2008 meeting by a vote of 7:0 (O'Callaghan abstained, Seeley absent). DISCUSSION After the public hearing on April 3, 2008, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) Additionally, the agreement prevents inappropriate alterations. 25E-1 HPP Agreement No. 2008-06 May 5, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $131.71 to $658.53 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~1 n11~'P L~ ~~s~_~ Ja Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency! HS.rb hs\historic info\mills act agreements\2006_N_Victoria\hppa08-06.cc 25E-2 REQUEST FOR Historic Resouroes Commission Action APRIL 3, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-06 FOR THE PROPERTY LOCATED AT 2006 NORTH VICTORIA DRIVE Prepared by Hally Soboleske FN.STOFiIC RESOUR(:ES OONNIAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Executive Director Planning Hager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Angel Barnes for the structure located at 2006 North Victoria Drive, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Angel Barnes, requests the approval of Historic Property Preservation Agreement No. 2008-06 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached, three-car garage located at 2006 North Victoria Drive (Exhibit 1) The property is within the Floral Park neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25E-3 HPPA No. 2008-06 April 3, 2008 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Landmark in April 2003 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with recommended action is Section 15061 (b) (3) , from further review. project . the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this Rally So leske Associate Planner HS:jm hs\historic info\mills act agreements\2006_N_Victoria/hppa08-06.hrc 25E-4 Sergio Princ L 2217 ' ~- 2111 ~ 2!!0 2106 2109 21p7 ~ 2lp5 B t 2103 ;' ~ i ~ s ~~~~I~: i, I~' € ,: z7.. ..,~ ~, , ~. t. N aq ~ rz ~ , `. [9 5<: 19 s~ r. ,4 1liTH St ~' ' ~ 1616 6. i 6!! !6!6 1$i5 1810 ! 1609' 1612 tat! !6!0 taruc 500' RADIUS HPPA-2008-06 2006 North Victoria Drive PLANNING AND BUILDING AGENCY I~1 EXECUTIVE SUMMARY GARDEN HOUSE 2006 North Victoria Drive Santa Ana, CA 92706 NAME Carden House REF. NO. ADDRESS 2006 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 3S Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The Carden House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Tudor Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. In addition, the Carden House has been categorized as "Landmark" because the building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural significance" as an intact and representative example of the late Tudor Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. EXHIBIT 2 2~C'V State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Page 1 of 4 Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *b. USGS 7.5' Quad TCA 1725 *c. Address 2006 North Victoria Drive *e. Other Locational Data: Assessor's Parcel Number FT, W OF VICTORIA DR. *a. County Orange County Date: City Santa Ana Zip 92706 002-101-04; ORANGE GROVE TR LOT SLY 75 FT NLY 296.34 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story residence is a textbook example of a Tudor Revival styled house. The asymmetrical, rectangular house is capped bymedium-pitched, cross-gabled, wood shake roof with shallow eaves. Two front gables are located on the north half of the facade and are embellished with carved bargeboards and decorative half-timbering that extends down through the second story. Smooth stucco finishes the exteriors, filling in the areas between the half-timbering. Windows are mostly narrow multi-light, double-hung sash. The projecting center bay features a pair of leaded glass casement windows with diamond patterned lights on the upper floor. Below, a Tudor arch marks the deeply recessed entrance. The wood entrance door has a Tudor arched head and is detailed with vertical grooves to suggest narrow board construction. A dramatic exterior chimney anchors the south half of the facade and has a stuccoed base topped by a cluster of Three angled, brick stacks (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) East elevation January 2003 *P6. Date Constructed/Age and Sources: ^historic 1931/ Source: City of Santa Ana building permits. *P7. Owner and Address: Angel Barnes 2006 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: February 1, 2003 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other Gist) DPR 523A (1/95) *Required information 2g~? ~ State of California-The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 3S *Resource Name or #: Carden House B1. Historic Name: Carden House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): February 20, 1931. Residence and garage. Owner, Roy Russell. $14,982. July 6, 1933. Alterations. $500. November 16, 1948. Recreation room (11x18) for H. M. Currey. $800. April. 23, 1992. Freestanding spa with 5' high fence. $9, 000. September 16, 1996. Reroof. December 3, 1998. Remodel kitchen and bathroom, C/O bay window and repair framing if needed (all interior walls being altered are non-bearing). March 2, 1999. Partial reroof. *B7. Moved? ^No DYes DUnknown Date: Original Location: *B13. Related Features: Detached garage, mature landscaping in front yard. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Carden House is architecturally notable as a particularly intact and characteristic example of the Tudor Revival style. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. Victoria Drive developer Roy Russell constructed this two-story, cross-gabled Tudor Revival residence on the west side of the street across from his own home. Built in 1931, the house cost nearly $15,000, a large sum at the time. The first owner residents, according to the 1932 Orange County Directory, were Lester L. and Rugh F. Carden. Mr. Carden was Secretary-Treasurer of the Hill & Carden Company in Santa Ana. From 1934 until at least 1941, the directories indicate that (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: Gist attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *614. Evaluator: Leslie J. Neumann *Date of Evaluation: February 1, 2003 (This space reserved for official comments.) DPR 5238 (1/95) Sketch Map Carde n House ~TOe+ a~ 2006 North Victoria Dr. , ~- ~ ~ w ~- o. ~o. ~o. ~~©~ o ~~ ' ~~ ~ tot TRACT T ~ ° ' TRAC r Q io t~ +t Q ~ ~ ® ~~ &K ®~ 0 A0~4 4 i ~ i i i i ~ i i ~ i 0 - ~~• ,S~00 0O{OO - e 1 ~M ~ .- 'Required information a ' e~ State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Carden House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC *Date February 1, 2003 x^ Continuation ^ Update *P3a. Description (continued): with corbeled caps. Brick was also used for the shallow steps leading to the entry and for the vestibule pavement. On the north side of the property, a concrete driveway leads fo a detached three-car garage with a roof design and exterior frnish comparable to the main house. The grounds are extensively landscaped with a broad front lawn, clipped hedges, a curving entry path, and mature trees. The house appears original and is in excellent condition. *B10. Significance (continued): Clarence W. Jordan, president of Great Western Cordage, Inc., and Grace S. Jordan occupied the house. Directories and building permits indicate that Dr. Hiram M. and Ruth R. Currey were owners from 1945 until at least 1956. The Carden House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Sfreef and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War I! years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Sfy/e houses completed the growth of Floral Park. Today (2003) Floral Park maintains ifs identify as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Carden House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Tudor Revival style. The Carden House displays signature elements of the Tudor Revival style including asymmetrical arrangements of building features; a cross gabled roof,• decorative half-timbering; a tall, multiple- stack brick chimney; Tudor arched openings; and picturesque windows of diamond patterned lights. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Tudor Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Carden House are considered character derrning and should be preserved. These features include, but may not be limited to: materials (wood and brick) and finishes (stucco); roof configuration and treatment; massing and composition; entry; doors and windows; architectural detailing (bargeboards, half-timbering); brick chimney; and original detached garage. DPR 523E Page 4 of 5 25E-9 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorded Carden House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date February 1, 2003 ^D Continuation ^ Update *612. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. `Alison Honer Dies at 84,"The Santa Ana Journal, September 21, 1981. `Builder of Honer Plaza Dies," Orange Counfv Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html Talbert, Thomas (editor-in-chief. Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens. Volume 1. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1932-1941, 1945. `2001 Floral Park Home and Garden Tour,"April 28 and 29, 2001. Floral Park Neighborhood Association. Page 5 of 5 DPR523~ 25E-~ O MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this May 5, 2008 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Angel Barnes, (hereinafter referred to as "Owners"), owners of real property located at 2006 North Victoria Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2006 North Victoria Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EL~ 1 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 5, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25E-12 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 25E-13 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25E-14 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2006 North Victoria Drive, Assessor Parcel Number, 002-101-04, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereina$er executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Angel Barnes 2006 North Victoria Drive Santa Ana, CA 92706 -s- 25E-15 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 25E-16 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Angel Barnes APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25E-17 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 Exhibit A Beginning at a point on the West line of Orange Grove Tract West, as shown on a map recorded in Book 2, Page 9 of Miscellaneous Maps, records of Orange County, California, 221.34 feet South of the Northwest Corner of the tract of land marked "Jacob Fisher" on said map, said point also being the Southwest corner of a parcel conveyed to Robert E Reid and wife by deed recorded February 4, 19231 in Book 454, Page 270 of Official Records; thence East along the South line of said parcel conveyed to Robert E. Reid and wife to the west line of Victoria Drive; thence South along the West line of Victoria Drive 75 feet to the Northeast corner of the parcel conveyed to George C. Perkins by deed recorded June 4, 1929 in Book 276, Page 396 of Official Records; thence West along the North line of said parcel conveyed to George C. Perkins to the West line of the Orange Grove Tract West of West Street; thence North along the West line of said Tract 75 feet to the point of beginning. Assessor Parcel No. 002-101-04 -s- 25E-18 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25E-19 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - to - 25E-20 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25E-21 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 -12- 25E-22 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 -13- 25E-23 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 -14- 25E-24 a z O H Q V O J H 0 a w Q H V F- Z t~ 0 0 N W 0 Q 0 U_ °' ~ __--~ i ~I i I I _ . _ . _ . - . _ . - . _ .....a. • ~_ Z 25E1~5 25E-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AGREEMENT WITH UNISYS FOR MAINFRAME COMPUTER SOFTWARE LICENSES 'R 1~ ~ f f~ Ire CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15i Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute the attached agreement with Unisys Corporation in the amount of $141,000 for a two year term, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION The City currently uses a Unisys mainframe computer as the operating platform for the City's financial systems. Unisys is the sole-source provider of essential system software for this equipment. The City is currently implementing a new financial system which will replace the Unisys mainframe. This new agreement will provide software licensing for the mainframe for a two year term covering the period before the new financial system is in place and the legacy system can be retired. A two year term with up front payment will provide lower pricing than the alternative month-to-month pricing. FISCAL IMPACT Funds are available in the Technology Plan (account 109-700-6291). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F-1 SOFTWARE LICENSING AGREEMENT BETWEEN THE CITY OF SANTA ANA AND UNISYS CORPORATION THIS AGREEMENT, is made and entered into this 5th day of May, 2008, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"} and Unisys Corporation ("Vendor"). WHEREAS, the City desires to retain the services of Vendor to provide the City with computer software support and software licensing. THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby state as follows: Terms and Conditions The term for this Agreement shall be for a period beginning July 30, 2008 and ending June 30, 2010. All terms and conditions regarding software licensing set forth in pages 1-6 of Unisys Consolidated Agreement -Number 99120112, shall have full force and effect in this Agreement. Said terms and conditions are attached hereto as Exhibit A, and incorporated herein by reference. 2. Scope of Services The Vendor shall provide software licenses as set forth in Exhibit B, "Supplemental Schedule Order", attached hereto and incorporated herein by reference. Compensation The City will pay to the Vendor total compensation under this Agreement in the amount of $130,589.00, plus applicable taxes, due before the commencement of the term of this Agreement. 4. Insurance Vendor is not required to provide additional insurance coverage or provide further proof of insurance. 1 of 2 25F-2 IN WITNESS WHEREOF, the parties have executed this Software Licensing Agreement as of the date of execution by both parties below. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By. Laura Sheedy UNISYS CORPORATION Assistant City At rney VENDOR {signature} Name: Title: Tax ID# Date: 2 of 2 25F-3 r,, -~ t4 Agncmer-t Number 99120112 iJNI5Y5 Client Nuns and Nailing Addre~ City of Santa Ana Mr. Thomas J. Gergen 20 Civic Center Plaza Santa Ana, CA 92702 Client acknowledges it has read and understands this Agreement (including all attached schedules and amendments) and is not entering into this Agreement on the basis of any representations not expressly set forth in it. Agreed and Accepted Unisys Corporation `~ ~ets~.. 3//3/d a ~ +~~ elut~nura cs~~e} (ANTRACTS MANAGER tQai) UNISYS COR°ORhTION (Pnniadnyp•d nvn•) Client ;Sipnaiva) (py~) Thomas .7. Gergen ;PmledAyped name) Information Systems Manager (Tm•) (Tilk) 1 of 14 1305 3D82~oB (3Ip6) EXHIBIT A 25F-4 Consolidated Agreement ~~ ~~J~TISYS G nsolidated A reement ~' 9 Unisys Corporation (Unisys) wilt sell and license Products and services and Client agree: to purchase and license those Products and services under the following terms and conditions: 1. Definitions t.1 Software means the object code version of computer programs and say related documentation, exckrding maintenance diagnostics. Software also means the source code version where proviaed by Unisys. Software also means microcode, not embedded in a circuit element, that enables the equipment to function according to its published specifications. ' t .2 Products means equipment. Software, documentation (including manuals and education materials) and Software maintenance releases and updates- 1.3 Sottwue Processing Unlt ('SPU') means equipment which controls and executes Software. t .4 SURETY Support Services means various forms of installation and support for the Products. 1.5 Proprietary Intarmatiott means Software, diagnostics, docu- mentation, including manuals, and any other information confidential !o Unisys or its Ncensors. 1.8 Information Services means all technical and consultative services other then SURETY Support Services. 1.7 Installation Date means the date Unisys completes installation (as determined by Unisys) or. if equipment or Software is to ha instaNed by ' Client, the tenth day following shipment. Z Effective Date This Agreement wdl become effective when signed by duly authorized representatives of both parties and will continue in eBect until terminated according to its terms. 3. Schedules -Ordering Procedure 3.1 Unisys will famish to Client and Client will accept and pay for the Products and services item¢ed on the following Schedules which, together with the terms on the Schedules, ere an integal part of this Agreement. Schedule name Equipment Sale SURETY support services Software Licenses Information Services All references to Products and services in this Agreement are fo the Products and services listed on the Schedules and on arty Schedules submitted to and accepted by Unisys pursuant to Section 3.2 and to any Products end services suppged by Unisys with such listed Products and services. 3.2 Client may order additional products and services under this Agreement by sulxt-itting properly completed Unisys Supplerriental Schedule Orders referencing this Agreement. All Orders will refer to this Ageemtnl by number and wit bs signed by Client. All education lecture courses must be ordered on a Client Education Enrollment Application. 3.3 All orders are subject to acceptance by Unisys. Acceptance by Unisys wiN be effective when cormiunicated in writing to Client Ths receipt or deposit by Unisys of a Client down payment will not constituq acceptance of an order. Any down payment received bom Client wiN be returned i( the order is not accepted by Unisys. 3.4 Unisys may substitute Products of equivalent or superior funC- tionality and performance in the event that any of the Products ordered are not available at the time of shipment. 4. Delivery and Installation 4.1 Unisys will arrange for delivery of Products and Client wit pay fa transportation in accordance with the Unisys published transportation charges in effect at the time of delivery or, if Unisys has not published any such charges, Client vdlt pay Unisys for transportation charges actually incurred. Client will also pay for all cables and site-specific installation materiels requaed !b install the equipment et Clients sits. 4.2 Unisys will provide Client with one copy of the then-current user documenMtion, in paper or electronic farm al the option of Unisys, for use with the Products ordered and environmental specifrcatior>s for equipment, where applicable. Prior to delivery of equipment, Client will prepare the installation site and wilt continue to maintain the installation site in accordance with such specifications. 4.3 Client wiN instal aN items of equipment with the designation 'Y' in the 'Client installable' column when theta is no installation charge listed on the Equipment Sale Schedule. Unisys will instal aU other items of equipment. Client will instaN al items of Software other than chose for which a fixed installation charge is indicated on the Software licenses Schedule. All Products to be instated by Unisys will be installed during Unisys normal working hours, unless otherwise provided in this Agreement. 4.4 Client may arrange for insulation by Unisys of Client instatiable Products, subject to the then-current standard Unisys changes and concitions. 4.5 It additional labor and rigging is required to Installation duo to Clients special site requirements, Cftent wiN pay those costs atcluding costs to meet union or local law requirements. 5. Payment 5.1 Charges for Products will be invoiced upon sh~xxrtent. 5.2 Charges for SURETY Support Services will be invoiced in advance, quarterly, annually, a at other periodic intervals; otherwise, charges wilt be invoiced after the services aro pertonned. Hourly use, page and remote service charges will be invoiced monthly unless otherwise indicated. 5.3 Charges for Information Services wNl De invoiced as the services are performed. 5.4 All charges must be paid no later than 30 days from the date of the invoice. Unisys msy impose a late payment charge equal to the lesser of (a} 1-1/296 per month or (b) the maxatium rate allowed by law. 5.5 Additional charges may apply to services rendered outside con- tracted hours or beyond normal coverage at ClienCs request, e.g., travel expenses, premium end minimum charges. ti. Taxes 6.1 Client will pay any tax Unisys becomes obligated to pay by virtue of this Agreement. exclusive of taxes based on the net income of Unisys. 6.2 Ali personal property and similar taxes assessed after shipment will be paid by CNent. T. Price Protxction 7.1 The charges far Products in any accepted order vriH remain fxm through delivery, unless through no fault of Unisys shipment takes place more than one you after the date of the order. It Unisys notifies Client that an increase in charges will apply to its order, Client may tsrrriinate the affected part at its order by giving written notice to Unisys within ten days of the date of notification of the increase. 2 of 14 ~sos seas-0oe tit 25F-5 7.2'SURFTY Support Services charges will ~e increased dttring the firgt ;4aefve months following ttx commence>k~,t of those services. The charges may be increased thereafter on each anniversary of the com- mencement date toltawing gt] days prior wrrtten notice to Client, unless otherwise noted on the SURETY Support Services Schedule. 7.3 Charges for Software Licenses and Information Services will not be increased during any ores-ysx trmt, but may be increased prior to arty subsequent term upon 90 days prior written notice to Client. It Software or services are contracted on a month-to-monftt basis the charges may be increased at any time following 90 days prior written notice. 8. Security Interest Unisys reserves a purchase money security interest in equipment until payment in full is received for all equipment delivered to Client and, for that purpose, this Ageement is a security agreement. By signing this Agreement. Client authorizes Unisys or its agent 1o sign on behalf o/ Client the necessary financing statements, or to fik a reproduction of a financing statement. Alternativery, Unisys may file this Agreement or a copy of this Agreement to perfect its secwity interest. If this Agreement a a copy of it is filed. intarmation concerning the security interest may be obtained ham Unisys at the address stated in Section 17. 9. Cllent'a Operational Responsibilities g. t Client acknowledges it has ir~ependenty determined That the Products and services ordered under this Ageement meet its requrcements. 9.2 Client has sole responsibility for use of the Products, including operating procedures, audit controls, accuracy and security of input and output data, restart and recovery routines, and other procedures neces- sary for ClienCs intended use of the Products. 9.3 Client vrilt ensure that its personnel are, et all times, educated and trained in the proper use and operation of the Products and that the Products era used in accordance urith applicable Unisys manuals and instructions 9.4 Client volt maintain back-up data necessary to replace uiticai Client data in the event of toss or image to such data from any cause. 9.5 If Unisys is providing SURETY Support Services. Client unp (s) maintain the operating environment in accordance unU Unisys specifications, (b) provide adequate working and storage space far use by Unisys personnel near the equipment. (c) provide Unisys full access to the equipment and suflrcienl computer time, subject only to Client's security rules. (d) follow Unisys procedures rot placing serrrice requests and determining if remedial service is required, (e) fohrow Unisys in- structions for operator maintenance and obtaining services, (~ provide a memory dump and additional data in machine readat>lo brm if requested, (g) reproduce suspected errors or malfunctions in Software, and (h) install ell error carractions and maintenance releases supplied by Unisys. 9.6 Information Services supplied by Unisys under this Ageement era provided to assist Client. Client, not Unisys, wit! be responsible tot determining objectives and obtaining the desired results. 10. Protection of Proprietary Intbnrtatlort t0.1 Client will keep in conAdertce rind protect Proprietary Information hom disclosure to thud parties and restrict its use as provided in this Agreement. Client acknowledges that unauttiarized disclosure of Pro- prietary Information may cause substantial economic toss to Unisys ar its licensors. All materials containing Proprietary Infomation will be marked vnth'Praprietary," 'Confidential' or in a manner which gives notice of its proprietary nature. Proprietary fntormation will not be copied, in whole a in part. except when essential to correcting. generating or modirying Proprietary Information for ClienCs authored use. Each Copy, including its stooge media, wig be marked by Client with all notices which appear on the original. 10.2 Upon termination or cancellation of any license granted under this Agreement, Client will destroy {and, in writing, certify destruction) a return to Unisys all copies of the Sortwaro the license for which has been so terminated or canceled and any other related Proprietary 3dt4 Infortnaticn in Clwr~ossession (including Proprietary Information incorporated in other;.~tware or wrAings). 10 3 Any ideas, concepts, know-how, data processing techniques, SofhMdre, documentation, diagrams, schematics or blueprints developed by Unisys personnel {atone or jointly with Client) in connedien wiffi Information Services provided to Client wilt be the exclusive prc~ rty of Unisys. Unisys grants to Chant anon-exclusive. royalty-Tree license to use any of the foregoing in accordance with the terms of this Agreement. td.4 Client acknowledges that all support materials, inckrding without limitation, diagnostic software, are the property of and include Pro- prietary Intormaton of Unisys. Client assures that such materials wilt be used only by Unisys mainter~ancs personnel, and that Unisys has the right to remove such materials (ram ClienCs facility at any time. TAis provision appkes even though such materials may ha listed in the Unisys price lists, catalogs, invoices or contracts. 10.E Client will inform its employees of their obligations under this Section 10 and instruct them so as to ensure sitrlt obligations are met. t0.d This Section 10 will survive termination or cancellation of this Agreement. 11. License 11.1 Unisys grants to Client a personal, non-exclusive and non- transferable license to use Software and related documentation st- cording to the terms and conditions of tliis Agreement, solely for ClienCs intemat data processing requirements on Me Unisys SPU in the Unked States on whid- Software is initially installed ClienCs use of 5ofturare wdl also be governed by any additions! eondifans which Unisys may provide on or prior to delivery of Softvran. Cleat ogees that Unisys may periodically inspect the computer site in order b audit Software wppiied by Unisys installed at ClenCs site et mutually agreed upon times. If s separate license agreement accompanies non Unisys commodity Software. then tits separate license agreement terms will supersede the license terms in this Agreement for that So(tWare. 11.2 Client may modify any Unisys application Software end may combine this Software with other programs ar materials to lortn an updated work, provided that upon termination of the license, the Unisys application Software will be remand from the updated work and returned to Unisys. Client will not decompile or disassarnbla any Software provided under this Agreement or modify Software wtuch bears a copyright notice of any third party- 11.3 Unisys providaa no media or documentation for Softwars des- ignated 'LO' (License Only). Client may make (a) one archival copy (for backup purposes) of each item of Software, and (b) one copy, as required, for each license granted of Software designs#ed'LO' Each copy will contain all legends and notices and wilt be subject to the same conditions and restrictions as the original. Software designated 'SUBSCRN' (subsuip6on) entitles Client to functional updates that Unisys releases for the same eligible base Software doting the applicable term of the subscription, provided Client has a current license and the latest applicable Software Maintenance Releases for the eNgtble base Software. Software designated 'dRIVER' is for use solely vviM those models of device types specified in the drivers then-content published specification and a license is required fa each separately addressable unit of a device type. 11.4 If the SPU on which any item of Software is licensed becomes temporarily unavailable. use of such Software may be temporarily Uansferred to an alternative SPU until the original SPU becomes available. 11.5 No license is gronled to Client to use any Unisys proprietary operating system Software to assess, test or develop any hardware products or device hander software or operating system sothvare that vrill be marketed by Client or others for compensation. Client may de- velop other software progams and may fast fully developed, commer- cially available non Unisys hardware products or software progams where such testing is solely intended for Client's inEarnal evawaGon of U-e fitness of such product or program fret Client's own internal data processing purposes. 4305 3982-008 (3190) 25F-6 1'1:6 If Client desires to: (a) use Software r^ service ouroau mode rp) use Software at another location, (c} trst'~uftware as restricted m Section t t .5, or (d) transfer operational uss of the Software to a third party; then Client roust request prior permission in writing from Unisys. Unisys will tfien advise Cfient wheCtet, and under what terms and conditions. Unisys wiA license the Software as requested. All restrictions applicable b Client will also appty >n any permitted service bureau or third party users, 11.7 This Agreement does not transfer to C~ient title to any +ntellactual property contained in any Software, documenation or Proprietary Information 11.8 No party is entitled to use any Software unless the party has a valid written license to use such Software ar-d atl applicable charges for the use of such Software have boon paid, except that Client may authorize temporary use of Software by a third party, only for Client's benefit, to assess, test or develop software programs to the extant authorized by Section 11.5 a to perform consulting services and stud- +es. provided such third party agrees in writing to be bound by the provisions of Nis Agreement regarding Proprietary Information and Software. t 1.9 This section applies to ~atl procurements of Software and docu- insntafton by or fa the U_S. federal government. 6y accepting delivery of the Software and doctrmentatlon, the government hereby agrees That the Software and documentation qualifies as 'commeraal' computer software and commercial software documentation vrtthin tl+e meaning of the acgtusitlon regulation(s) applicable to this procurement. Ths terms and conditions of this license shah prescribe the government's use and disclosure of the Software and documentation, and shall supersede any contrary provisions. The government agrees to return the Softwars.and documentation unused ii any provision of this License does oat meet the govarnrnent'a actual minimum needs or i! the government objects to any term of this license and the parties are unable to reach agreement on the terms of the license. The totlowing statement applies only to procurements governed by OFARS PaN 227.4 (OCT 1988}: 'Restricted Rigt-ts -Use. duplication and disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at OFARS 252.221-7013 (OCT 1988).' 12. Warranties and Oisclaimets 12.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREE1dENT, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, 8Y C+PERATfON OF t11W OR OTHERWISE. UNISYS DISCLAIkIS THE 1r+lPUED WAR- RANTiES OF MERCHANTABILITY ANO FITNESS FOR A PARTICULAR PURPOSE AS TO 80TH UNISYS AND NON UMSYS PRODUCTS AND SERVICES. UNISYS WARRANTIES EXTEND SOLELY TO CLIENT. YEAR 2000 WARRANTIES OF EQIAPMtJdT A!!D SOFTWARE ARE MADE SOLELY IN SECTION 12.4. 12.2 Equipment: (a} Unisys warrants that equipment wilt t» Iron from defects in matenal and vrorkmanshgr and will substantietty conform to relevant Unisys published specincatans for a parted of twelve months from its In-_ stallation Date. Equipment (~ may be newly manufactured, (ii) may he assembled from new or serviceable used parts that are equivalent to new parts +n performance, a C~7 may have been previously instatled. During this twelve month viratra+nty period. Unisys will repair or replace any defective item of equipment or part or component of equipment promptly reported or sent to Unisys by Client which Unisys determines was defective due to faulty malarial or vartvnanship. Client vaill pay transportation and instxance costs to ship equipment if an oft-site repair location fs designated by Unisys; Unisys will pay the retum costs if the equipment was defective. Labor costs of diagnosis are not included in this warranty. (b) Because equipment requires on-going maintsnancs, the preceding warranty is not a substitute for SURETY Support Services, which are available to Client for a charge. (cj Unisys makes no representation of warranty as to non tlnlsys equipment provided to Client, all of which is sold or licensed to Client Latta 'AS IS." Client afire~~-look solely to the warranties and remedies, if any, provided by the ti~aufscturer. 12.3 Sottwarr (a) Each item of Software with the designation W is, in its unaltsred form, wananted for 90 days from its Installation Oate to conform sub- stanbalty to the then~unent published functional specifications. provided such Software is used +n a manner cons+stent with any applicable Unisys minimum equipment and software configuration specittcations_ Unisys will make roasonable efforts m correct such errors retlecting significant deviations from the hrnctional speciftcations as are reported by CI'+ent to Unisys during such warrenty period. Cb) Because not art errors in Software can of need bs corrected, Unisys does not warrant that ell Software defects uvifl be corrected. Similarly, Unisys does not warrant that the functions containtrd in the Software vdll meet Clients requirements tx that the Saitware wiN operate in combinations selected for use by Client (c) AA otlter Software delivered is not wartanled by Unisys and is licensed 'A5 IS.' In the case of non Uniaya Software. Client agrees to look solely to Ma warranties and remedies, if any, provided by the Unisys licensor or vendor. 12.4 Year 2000 -Equipment and Software (a) Unisys warrants that Ors Products designated 'R' in the Y2K Ready column in the relevant Schedule to this Agreement will be capable, when used in accordance with the applicable Product documentation provided by Unirys. of accuratety processing dots data (including, but not limited to calculating, comparing and sequencing) from, into acrd between tM 20th and 21st centuries and 1999 and 2000, including leap year calculations. provided that ant third party products and Client's customized data processing materials used in combination vinCt he Products properly exchange date data with the Products (hereinaAer 'Year 2000 Ready'). Unisys will repair or replace Prodects that do not aaurately process date data as set forts above, provided: () Client notices Unisys before March 31, 20b0 or..f later, before the sxp~atan of any general warranty period for the Products undo Sections 12.2 or 12.9 above; and (ii) Client keeps the Products at the then-currant release level(s) end, in the absence of a general warranty or after any general warranty period, enrolled continuously under Unisys maintenance. (b) Unisys makes no urarranty for date data functionality for Products designated'V" in tfie Y2K Ready column. Unisys obtains these Products from third parties and will pass on to Clien! such date dam functionality warranties, if any, as the Product vendor permits Unisys to pass along on the Product vendor's Dshalf to end users. Client agrees to look solely to such Product vendors for correction or repair of defects in date data functionality of such Products. (c) Products designated 'RC- in Ute Y2K Ready column are obtained from third parties and are warranted as'R' accordng to Section 12.4(a). above. when: () acquired from Unisys: and (i} designated by Unisys for use as a component in a Unisys packaged style designatsd'R:' and (r) used by Client only as a component in Utat Unisys packaged styli, In atl other instances, a Product designated'RC' will be deemed and treated as a 'V' Product under Section 12.4(b), above. (d) Unisys makes no warranty for date data functionality for Products designated 'N" or 'U' or for Products with no designation in the Y2K Ready column. Client acknowledges that it understands that Products designated 'N' are not and will not be made Year 2004 Ready and that Unisys disclaims any warranty of the Products ability to function correctly when dealing with dates. Client has independently evaluated the Products and, notvntltstanding the foregoing, confirms its order for the said Products and agrees its use of such Products will be at its sole risk. 12.5 SURETY Support Services: (a) Unisys warrants that equipment and Software will be supported in accordance with the specific SURETY Support Service selected. Unisys sole and exclusnre obliga8ons under this warranty will be to conform to me SURETY support service Osscripuons. Equipment parts which are removed far replacement by Unisys become the property of Unisys. X305 3984-00613199) 25F-7 (b) Ta determine eligibility and prerequisi_~~jor SURETY Support Servx>es, Unisys may require inspection. ai~,ient expense, of equip• ment which (i) has not been maintained continuousy by Unisys from the date of purchase by Client or (ii) has been relocated. (c} Unisys requires the same SURETY Support Service Level for the SPU and ell equipment and Sofhwere that is eligible for SURETY Support Services and inEeroperatss wilt the SPU. Application software. local area networks. wtxkstations, and remote data communications Products are excluded from tltis requirement (d) SURETY Support Services do not cover the parts and service required to repair damage or correct errors attrdiutabls to (i) alterations or out-of•specificatian supplies, (ii) accidents, misuse, negligence a (ailura of Client -o folbw instructions for proper use, care and cleaning of equiprrtsnt, (iii) external (atlas (e.g., failtre a nuctuation of electrical power or air condtiioning, fire, flood), or (iv) failure by Client to comply with Unisys environmental specifications. (a) SURETY Support Services apply only to properly configured Products at the minimum hardv~rare and softurare levels 4esignated Dy Unisys for support of the applicable Product specification. SURETY Support Services will include repair a correction of material deviatans that prevent the Product from being Year 2000 Ready onry if the Product is warranted as 'R• according to Sectiats 12.4(a) and (c) and Unisys is then curtently provid'mg development csater support (also retied engineering support) for the Produc! or. if Unisys discontinues devebpment center support, a Unisys created repair or correction already exists for the same deviation. Except as provided in the immediatery preceding sentence, all SURETY Support Services provided by Unisys exclude repa'a of damage a rorrection of errors related to date data functionality. ,~ (Q SURETY Support Services do not include correction or repair of detects. including any related to date date functionality, in the design. manufacture, materials or vuorkmanshQ of either (i) non Unisys services a products without a Unisys brand, or (ii) Product(s) to which Unisys has discontinued development center support. 12.ti Information Services: (a} Unisys will endeavor to provide Information Services on a timely basis subject m availability of qualified personnel and the difficulty and scope of the services b be provided. (b} Unisys may assign, reassign and substitute personnel at any lime and may provide Me same or similar services and materials to other clienb. (c) Information Services under this Agreement do not include any services related to date data functionality, including services pertaining to Ysar 2000. 13. Alterations and Attachments 13.1 If Unisys is providng SURETY Support Services, Giant wiL give Unisys prat written notice of any proposed alterations or atlactvnents b equipment. Unisys has no obligation to provide SURETY Support Services for non Unisys attachments, altered equipment a modified Software. Should Unisys agree fA maintain, support a coaect altered Products, Unisys may impose eddttiorpll charges. 13.2 Unisys is not responttdble for arty malfunction, nonperformance a degradation of performarta of Products, supplies a maintenance support materials caused by or resulting d'vectly a indirectly (ran any alteration or attachment unless Unisys is maintaining and Client has notified Unisys of the alteration or attachment that causes the malfunction. 13.3 Unisys warranties wilt not apply if attachment of non Unisys equipment a alteration of Products directty a indirectly results in any malfunction, nonperformance a degradation of psrtormarice of Unisys Products; in addition, Client will be solely responsible for resulting infringement. personal injury a damage to property and Products. 13.4 For purposes of this Agreement, 'alterations' includes, but is not limited to, the incorporation of non Unisys components, boards and subassemblies into equipment, as well as modifications to Software. 'Attachments' includes, but is not limited to, any non Unisys equipment, softvrar~rtpanents a devices which are connected b Unisys Products. ~--' 14. Limitation of Liability t4 1 UNLESS FURTHfft LIMITED ELSEWHERE M THIS AGREEMENT, THE ENTIRE I.IABIUTY OF UNISYS ANO CLIENT'S EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE RELATED TO OR ARIS- ING OUT OF THIS AGREEMENT, REGAROI.ESS OF tHE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, MILL NOT EXCEED THE GREATER OF (a) =100,1X10 OR (b) THE CHARGES PAID TO UNISYS DURING THE- 2t-INONTH PERIOD IMMEDIATELY PRIOR TO CLIENT'S NOTICE PURSUANT TO SECTION 1ti.1 FOR THE PRODUCTS Oil SERVICES WHICH ARE THE SUBJECT MATTER OF OR DIRECTLY RELATED TO THE CAUSES OF ACTION ASSERTI~_ TMS SECTION 14.1 DOES NOT APPLY TO CLAIMS COVERED BY SECTION 15_ 14.2 IN NO EVENT WILL UNISYS t3E LIABLE FOR (a) ANY INCI- DENTAL, INDIRECT, SPECIAL OR CONSECUENTIAL OAMA,GES, INCLUDING, BUT NOT UNITED T0, LOSS OF USE, REVENUES, PROFITS lXt SAVINGS, EVEN IF UNISYS KNEW OR SHOULD HAVE KNOWN OF THE POSSIt31UTY OF SUCH OANAGES, (b) CLa11fr1S, DEMANDS OR ACTIONS AGAINST CLIENT 8Y ANY PERSON, EXCEPT AS PROVIDED 1N SECTION t5, OR {cj LOSS OF OR DAMAGE TO CLIENT DATA FROM ANY CAUSE. 14.3 The entree Lability of Unisys and Clients exclusrve remedy for any defective non Utvsys Products provided under this Agreement is limited to their rotirrn to Unisys within 90 days alter shipment fa refund of the amount paid to Unisys for such Products {not incluctng any amounts paid for related services). 14.4 Unisys may desct Client to third parties having products a services which may be of interest to Client far use in conjunction vuitli the Products. Notwithstand'atg any Unisys ret:ortimendation, referral or introduction, Client unL independently investigate and Lest non Unisys products and services and will have sole responsibility for deterrrtining suitabiNty tar use of non Unisys products and services. Unisys hsas no liability wish respect to claims relating b a arising horn Ilse of non Unisys products and services, including, without limitation, claims arising from failure of non Unisys products to provide proper time and date functionality. 15. Patent, Copyright and Trade Secret Indemnification t5.1 Unisys, at its own expense, will defend and Indemnify Client against claims that Products famished under this Agreement infringe a United States patent a copyright or misappropriate trade secrets pro- tected under United States law, provided Client (a) gives Unisys prompt written notice of such claims pursuant to Section 17, (b) permits Unisys to defend or settle Me clauris, and (c) provides all reasonable assistance to Unisys in defending or settkng the claims. 15.2 As to any Product which is subject to a claim of infringriment or misappropriation, Unisy: may (a) obtain the right of continued use of the Product for Client a (b) replace or modify the Product to avoid the claim. If neither altsrnativa is available on commercially reasonable terms, Men, at the request of Unisys. arty applicable Software license and its charges will end, Client will stop using Me Product, and Client will return the Product to Unisys. Upon return of the Product, Unisys will give Client a credit for the price paid to Unisys, less a reasonable offset for use and obsolescence. 15.3 Unisys will not defend or indemnify Client if any claim of in- fringement or misappropriation (a) is asserted by a parent, subsidiary a affiliate of Client. (b) results from Clients design ar alteration of any Produce, (c) results from use of arty Product in combination witty any non Unisys product, or (d) rotates b a non Unisys Product atone. 15.4 This Section 15 slates the entire IiabiNty of Unisys and Clisnrs sole and exclusive remedies for patent a copyright infringement and trade secret misappropriation. 16. Term(nation and Cancellation 5 of t4 18. t Unisys may suspend SURETY Support Services i}any payment la such service under this Agreement is past due more than 30 days. 1303 3982-006 t3J99) 25F-8 ~te_2 Unisys may terminate SURETY Suppo rvicss a change sup- pai to Client for a Product upon srx mot~;~s written notice a at the expiration of the then-current term to SURETY Support Services, whichever occurs earlier 18.3 Either party may terminate any license fa Software or arty SURETY Support Services upon expiration of the applicable term by providing 30 days prior writltM notice. FaYure to give such notice wiU result in a renevwal or extertaion of the license a service in accordance with the provisions of this Agreement The licenses tar any Software automatlcalry terminate upon CtienCs discontinuance of use of the SPU on which itte Software was Ctcensed, at uArich time Client must either destroy a return the Softvrrrs and docurnenbtion to Unisys.. Upon termination a cancellation o15URETY Support Services. all diagnostics will be tattooed to Unisys. 16.4 Without prejudice to other remedies. Unisys may cancel this Agreement or any order placed under it. for default and repossess Products (excluding only equipment far which the purchase price has been fully paid). if, upon traitten notice, Clent tails to {s) make any payment identified as delinquent {includ'Ing payment of charges to services) within ten days or (b} cure any default relating to Sections 10 a 11 within 3o days. 18.5 Unisys may terminate SURETY Support Services on 30 days prig Witten notice if Unisys determines that any alterations, attachments, Client Software modification or failure to install a maintenance release will Interfere with the provision of such services. 18.6 Termiaa6on a canceNation of this Agreement will not affect any rights a duties arising under it with respect W Proprietary Information a security interest. '1T. Notices t i. f Alt notices required by this Agreement to be gitren to Client wiU be sent to its address on Me cover page of this Agreement. 17.2 AIt notices required by Sections 15 and 16.1 and aB requests for information under Section 8 wip be sent by certified a registered mail and, when given to Unisys. addressed to: Office of General Counsel Unisys Corporation URlsys Way Blue Bell PA 19424 cc: Regional Vice President 11.3 AN other notices to Unisys will tx sent to the Unisys office which has been servicing Client. 18. Dispute Resolution 18.1 Disputes and Demands ANY CLAIM OR CONTROVERSY RELATED TO OR ARISING OUT OF THIS AGREEMENT WHETHER IN CONTRACT OR iN TORT ("DISPUTE'), MALL BE RESOLVED ON A CONFlDENTIAL BASIS ACCORDING TO THE FOLLOWING PROCESS. WHICH EITHER PARTY MAY STAttT BY DELNERING TO THE OTHER PARTY A WRITTEN NOTICE DESCRtB1Nfi THE DISPUTE AND THE AMOUNT INVOLVED (" 18.2 Negotiation and Wdlbrtlon -AFTER RECEIPT OF A DEMAND, AUTHORED REPRESENTATIVES OF THE PARTIES WILL MEET AT A MUTUALLY AGREED UPON T1YE AND PLACE TO TRY TO RESOLVE THE DISPUTE t3Y NEGOTIATION. IF THE DISPUTE REMAINS UN- RESOLVED AFTER THIS MEETING, EITHER PARTY MAY START MANDATORY NON-BIt~ING MEDIATION UN~R THE COMMERCIAL MEDIATION ROUES OF TIC AMERICAN ARBITRATION ASSOCWTK)N (AAA). 18.3 Arbitration - IF THE DISPUTE REMAINS UNRESOl.VEO 45 DAYS AFTER THE RECENT OF THE DEMAND, EITHER PARTY MAY START BINdNIG ARBITRATION Ut~ER THE COMMERCIAL ARBITRATION ROUES OF THE AAA. THE ARBITRATION WILL BE BEFORE ONE ARBITRATOR; HOWEVER, BEFORE THE SELECTION OF THE ARBITRATOR, A PARTY (NMOSE IDENTITY YNLL NOT BE REVEALED TO THE ARBITRATOttS) MAY REQUIRE, AT ITS SOLE ADdTIONAL EXPENSE, A THRE~''3BITRATOR PANEL. AT LEAST ONE AiiBl- TRATOR WILL BE`tiei ATTORNEY. f+IO STATEMENTS t3Y, OR COMMUFNCATKkIS BETWEEN, THE PARTIES DURING NEGOTIATION OR MEDUTION, OR 80TH, UMOER SECTION 18.z ABOVE, WILL BE ADMISSIBLE FOR ANY PURPOSE IN ARBITRATION. THE ARBITRA- TOR(S) WILL HAVE NO AUTHORITY TO AWARD PUNITIVE DAMAGES OR ANY OTHER MONETARY RELIEF NOT MEASURED t3Y THE PREVAILING PARTY'S ACTUAL DAMAGES {ADJUSTMENTS FOR TIME VALUE OF MONEY PERMITTED}, AND WILL NOT MAKE ANY DECISION INCONSISTENT WITH THE TERMS AND CCNOITIONS OF THIS AGREEMENT. EACH PARTY WILL BEAR ITS OWN INTERNAL EXPENSES AND ATTORNEY'S FEES. 18.4 Court .NOTHING IN TIES SECTION 18 WILL PRECLUDE A PARTY'S RECOURSE TO A COURT OF COMPETENT JURISDICTION TO (a) ENFORCE THE TERNS OF, OR AN ARI3RRATtON AWARD UNDF.Ft, THIS SECTION; (b) SEEK TEMPORARY EQUITABLE RELIEF NECESSARY TO PROTECT ITS INTERESTS; OR (c) RECOVER SPECIFIC PROPERTY, I1Vq.UDIPIG AN ACTION IN REPLEVIN. 18.5 Time Limit -NEITHER ARBRRATION UNDER THIS SECTK)N NOR ANY LEt3AL ACTION, REGAR~ESS OF ITS FORM, RELATED TO OR ARISING OUT OF THS AGREEMENT MAY BE BROUGHT MORE THAN 2 YEARS AFTER THE CAUSE OF ACTION FIRST ACCRUED, EXCEPT IF A DEMAND 1S MADE WtTHN 45 DAYS BEFORE THE END OF THS 2 YEAR PERI00, THE PARTIES WILL HAVE ti0 ADDITIONAL DAYS FROM THE DEMAND TO START ARBITRATION UNDER THS AGREEMENT. 19. Atlter Provisions 15.1 All risk of toss a damage to Products will pass to Client upon delivery to Clients location. f9.2 Neither parry wilt De liable for failure to fulfill its obliga0orts when due to causes beyond its reasonable control. 19.3 Any (allure a delay by either party in exercising soy right a remedy will not constitute a waiver. 19.4 THIS AGREEMENT WILL BE GOVERNED BY THE LOCAL. LAW OF THE COMMONWEALTH OF PENNSYLVANUI 19.5 This Ageement constitutes the entire agreement between the parties with respect to the Products and services prov'~ded hereunder and supersedes aU prior proposals and agreements, both written and Drat, and all other written and orel communications between the parties. Statements made to you in the course of this sate are subject to the Year 2000 Infomtation and Readiness Oiscbsure Act (15 U.S.C. 1-note). In the case of a dispute. this Act may reduce your legal rights regarding the use of arty such statements, unless oMerwise spxlned by your contract a tariff. The terms and conditions of this Agreement trrt8 supersede all other terms and conditions submitted try Client, including any preprinted terms on any Client purchase orders. t 9.8 Unisys may assign this Agreement a its interest in any equipment. a assign the right to receive payments, without Clients consent. Any such assignment, however, w~l not change the obligations of Unisys to Client. Client urill not assign or transfer its rights or obligations under this Agreement without prior written consent of Unisys. Any assignment or transfer prohibited by this provision will be void. Unisys may subcontract any services desaibed in this Agreement to third parties selected by Unisys. 19.7 The terms and conditions of this Agreement may be modified Dory by a writing signed by a Unisys Vice President, General Manager a Contracts Manager. t9.8 Each paragraph and provision of this Agreement is severable, and if one or more paragraphs or provisions ~e declared invalid. the remaining provisions of this Agreement wilt remain in full farce and effect. 19.9 Products and services provided under this Agreement may be subject to U.S. and other gov~rtment export control regulations. Client assures that it vdll compry with all appHcabte export lays and regulations Kelated to the use, disclosure, export. a reexport of these Products and services. 6of14 1305 3982-006 (3x661 25F-9 . Agreement Number UNISYS Supplemental Schedule Order 99120112 Client City of Santa Ana Description of ProductslServices V Series ETP License. This order and term shalt end on 6/30/10. Payment is due before 6/30/08. Exhibit A This Order consists of the Products andlor services described on the forms listed and checked below: Check if Number Total dollars Form number Description applicable of pages ^ 4305 4931-006 Equipment Sale Schedule ® 1 130,589 4305 4933-006 Software Licenses Schedule ^ 4305 4934-001 Information Services Schedule ^ 4305 4940-005 Support Services Addendum ^ 4305 4942-002 Support Services Schedule ^ 4305 4944-002 Support Services Schedule for Desktop Equipment ^ 4305 4935-001 Systems Integration Addendum ^ 4305 4936-002 State and Local Government Addendum ^ 4305 5383-002 Statement of Work ^ 4305 7940-002 OS2200 Metering Software Schedule ^ 4305 7942-003 MCP Metering Software Schedule ^ 4305 7944-001 NDP Measured Software Schedule ^ 4305 7975-002 Application Software Support Services Addendum ^ 4305 7983-001 Application Support Services Schedule This Supplemental Schedule Order ("Order") is placed under the Agreement identified by the Agreement Number listed above. Unisys may accept or decline this Order. The terms and conditions of the Agreement will govern this Order. If there is no Agreement Number listed above when Client signs this Order, the Order will be governed by the Agreement that is identified below and attached to this Order, and Unisys will assign an Agreement Number upon its acceptance of the Order. Agreement title and form number (complete only if there is no Agreement Number in the block above) Agreed and Accepted Unisys Corporation (Signature) (Date) (Printed/typed name) Client: (Signature) (Date) T'homa:~ + . GeM~er. (Printedltyped name) :fana~cr, Tn~nr*~~^tion Serv_`_ccs (Title) 4305 6209-009 (9/05) 25F-10 ~xH~BiT g UNISYS Software License Schedule Agreement Number 99120112 Equipment Location CITY OF SANTA ANA 20 Civic Center Plz Santa Ana, CA 92701-4058 USA L' t f Products A licable to this Agreement Currency: USD Is Item o pp Sryle Description Qty Warranty License License Initial License Installation No. Plan Charge Charge Charge 1 V300-CE1 DEV AID:CANDE 1 W ETP24 19,990 2 V300-COB CMPLR:COBOL 74 1 W ETP24 30,982 3 V300-DM2 DATAMGT:DATA MGMT II 1 W ETP24 102,937 Software Discount -23,320 Page: Purchase Price Page: Install Charge License Plan 130,589 1. The initial license term (and the corresponding charges for licenses) will begin upon Unisys Shipment or Clients Total purchase price Total Install Charge download of the Software or Software key. Temporary backup use of Software may require Client to purchase 130,589 0 additional enabled performance for the backup SPU. C,rand total 130,589 2. Software licenses for which Unisys charges either an Annual License Charge (ALC} or a Monthly License Charge (MLC) will continue on a month-to-month basis and the ALC will renew annually until the license is terminated or canceled in accordance with the Termination and Cancellation section in this Agreement. 3. For certain licenses, Unisys may charge an Initial License Charge which includes the first monthly or annual license charge. 4. Extended Term Plan (ETP): Software licenses for which Unisys charges a single fee may have a 12 to 84 month extended term. Upon expiration of the extended term, the license will be automatically continued on amonth-to- month basis for a Monthly License Charge, unless terminated in accordance with the Termination and Cancellation section of this Agreement, or Client may pay another ETP fee for an additional extended term, if available. 5.One Time Charge (OTC): Client may use the Software for so long as Client continues to use the Software on the equipment, include SPU(s), for which it was licensed in accordance with the Agreement 6. Software that has no license charge I'ISted on this Schedule will have a license term that is coterminous with Clients possession and use of the equipment on which the Software is installed. UNISYS SHALL HAVE NO LUIBILITY FOR ANY CLAIM OF INFRINGEMENT OR MISAPPROPRIATION BASED SOLELY ON OPEN SOURCE SOFTWARE OR THIRD PARTY SOFTWARE CONTAINED IN ANY UNISYS PRODUCT. * Software designated Subscription ("SUBSCRN")entitles Client to receive functional update releases for the Software during the subscription term, provided Client has a current license and the latest applicable Maintenance Releases for the Software. Software designated License Onty ("LO") is provided without media or documentation; Client may make (a) one copy of the item for each LO license granted by Unisys, and (b) one copy for backup purposes, with each copy retaining all original notices and legends. Software designated Driver is for use solely with the device models specified in the driver's then-current published specification; a separate license is required for each individual addressable device. 4305 4933-007 (11106) 25F-11 25F-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: May 5, 2008 TITLE: AGREEMENT RENEWAL FOR FIRE ALARM SYSTEMS MAINTENANCE TIME CLOCK SUPPLIES WITH SIMPLEX GRINNELL CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended AN,D ^ As Amended ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading ^ implementing Resolution ^ Set Public Hearing For_ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached renewal of the agreement with Simplex Grinnell in an annual amount not to exceed $65,000, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION City facilities are equipped with fire alarm systems for the protection of people and property, all requiring inspection, preventive maintenance and repair services necessary to the operation of the alarm system. Additionally, the alarm systems are tested regularly in accordance with the State of California Fire Marshall regulation and National Fire Protection Association rules. After a formal bidding process, the City Council approved an agreement with Simplex Grinnell on November 15, 2004. This agreement provides the fire alarm maintenance for approximately 40 City facilities. The vendor has performed satisfactorily during the past contract period and has agreed to renew the agreement without an increase in pricing. An amount of $8,000 is included to cover existing invoices, and an amount of $5,000 is included for the purchase of Simplex time clocks, service and supplies as used in various city departments. Additionally, a contingency of $14,000 is included to cover emergency services. This will be the final renewal, as staff will submit a new RFP in 2009. 25G-1 Agreement Renewal for Fire Alarm Maintenance May 5, 2008 Page 2 FISCAL IMPACT Funds are available in the various departmental Maintenance and Repair and Operating Materials and Supplies accounts (object codes 6281 and 6391. 'F'(~l1CAP ~-ter ~~ ' .1,.`'~ .~.~ ,J~Francisco Gutierrez `~ Executive Director Finance and Management Services Agency 25G-2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into this 5th day of May, 2008, by and between Simplex/Grinnell LP ("Consultant") and the City of Santa Ana, ("City"). RECITALS: A. The parties entered into Agreement A-2006-117, dated May 15, 2006, (hereinafter "said Agreement") by which Consultant has provided fire alarm maintenance, inspection and testing. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to extend the term for an additional one year period and to increase compensation to pay for the extended term and for additional repairs and replacements, as needed. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation $65,000.00 to be expended, as follows: • $28,000.00 for required testing and inspection services during the 2008-2009 fiscal year • $10,000.00 is added to pay for required sprinkler head repairs and replacement of smoke detectors during FY 2008-2009 • $5,000.00 for the purchase of Simplex time clocks, services and supplies used by various city departments in FY2008-2009 • A contingency of $14,000.00 is available for additional services which may be required to keep the fire alarm system functional during FY 2008-2009 • $8,000.00 is immediately available to pay existing invoices for services provided during the 2007-2008 fiscal year 2. Section 3, TERM, shall be amended to extend the term through June 30, 2009. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. // // 25G-3 // IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney DAVID N. REAM City Manager SIMPLEX GRINNELL, LP (NAME) (title) 25G-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: COOPERATIVE AGREEMENT WITH COUNTY OF ORANGE FOR COUNTY'S PROPOSITION 1B ALLOCATION FOR CITY STREETS MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached cooperative agreement with the County of Orange to receive a portion of the County's Proposition 1B State allocation funds. DISCUSSION At the November 6, 2006 election, the voters passed Proposition 1B (Prop 1B) to allow the state to sell $19.9 billion in general obligation bonds for a variety of transportation priorities for cities and counties to fund the maintenance and improvement of local transportation facilities. The County of Orange has received Proposition 1B funds determined by the State Controller's Office. At their meeting on March 4, 2008 the County Board of Supervisors allocated a portion of the County's Proposition 1B funds to the cities to assist in delivery of their critical transportation and safety projects. The City of Santa Ana received $1,000,000 in Proposition 1B Funds for improvements to Susan Street from Mac Arthur to Sunflower. This allocation will be included in the City's Fiscal Year 2008/09 Capital Improvements Program and will be expended within two years from its receipt. In order for the County to dispense a portion of the funds to the City, a County/City cooperative agreement must be executed. The agreement states the terms and responsibilities for each party. 25H-1 Agreement with County of Orange County's Proposition 1B Allocation May 5, 2008 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Revenues received from Proposition 1B will be allocated to the projects as part of Capital Improvement Program in FY 08/09. APPROVED AS TO FUNDS AND ACCOUNTS: 1 amen G. Ross Executive Director Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25H-2 Agreement No. D08-042 PROPOSITION 1B CITY AGREEMENT This CITY AGREEMENT, Agreement No. D08-042 ("Agreement") is made and entered into this day of 2008, by and between the County of Orange, California, a political subdivision of the State of California ("County"), and the City of Santa Ana, a municipal corporation in the State of California ("City"). The County and City shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS A. Pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006, codified at Government Code sections 8879.20 et. seq., the County anticipates receipt of approximately $61.6 million in Local Streets and Roads State bond funds over the next ten years to be used for the purposes of reducing local traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety ("Proposition 1B"). The County's first allocation will be for Fiscal Year 2007-08 in the amount of $24,683,910.29. Prior to receiving this allocation, the County is required to adopt into the County budget projects expected to be funded with Proposition 1B funds, and submit a list of these projects to the State Department of Finance for review. The County shall have three fiscal years to expend its Proposition 1 B allocation following the fiscal year in which the allocation was made by the Controller, and any funds not expended within that period shall be returned to the Controller for reallocation. B. The California State Legislature has determined that the improvement and maintenance of all city streets is of general County interest. C. The County believes that it is of general County interest to extend aid to the cities within the County for the general improvement and maintenance of City streets and therefore desires to extend a portion of the County's Proposition 1 B allocations to participating cities. D. The City owns and operates streets in need of traffic congestion and traffic safety improvements, such as routine roadway maintenance and storm drain improvements, and acknowledges that it has limited funds by which to address these needs. Therefore, the City is in support of receiving a portion of the County's Proposition 1 B allocation. E. Pursuant to Streets & Highways Code section 1686, the Board of Supervisors has passed Resolution No. 08-016 on March 4, 2008, finding that the purposes of this Agreement are of general County interest and that County aid shall be extended therefore. This resolution provides for the basis and conditions upon which allocations will be made from the County Road Fund (Proposition 1 B) for the improvement and maintenance of City streets. F. On March 4, 2008, the Board of Supervisors approved a list of County and City Proposition 1B projects to be submitted to the Department of Finance for review and disbursement of Proposition 1 B funds. Page 1 of 6 25H-3 Agreement No. D08-042 G. This Agreement sets forth the terms and conditions by which the County will extend a portion of its Proposition 1B allocation to the City, and the City will follow all State Proposition 1B laws, State regulations, and any and all guidelines or other documents issued by the Department of Finance, the Controller, or any other State agency that is intended to interpret Proposition 1B ("Proposition 1B Requirements"). SECTION I IT IS MUTUALLY UNDERSTOOD BY THE PARTIES THAT: A. County shall submit a Proposition 1B project list to the Department of Finance for review and disbursement of the County's first Proposition 1B allocation. The City project(s) approved by the Board of Supervisors for Proposition 1B funding is attached hereto as Exhibit A. This Agreement allows the disbursement of a portion of the County's Proposition 1 B funds to the City without the requirement of City submitting an invoice requesting Proposition 1B funds. B. Upon receipt of this allocation from the State, County will timely issue a portion of its allocation to City, in the amount shown on Exhibit A, or as limited by the State should the State pre-determine that any City project or portion of the project is ineligible. C. City shall abide by all Proposition 1B Requirements, as these requirements may change from time to time. This includes, but is not limited to, meeting the project delivery and expenditure deadlines, and using the County's Proposition 1 B allocation to reduce City's traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety. D. County will conduct a City expenditure assessment at the end of the twelve (I2) and twenty-four (24) month periods in order to verify if City is expending its Proposition 1B allocation as provided for by Proposition 1B Requirements. City shall report the status of its Proposition 1B project(s) to County on or before June 10, 2009 and June 10, 2010 for FY 2007-08 allocation. The status report shall include the date of project award, amount of award, percent completion of project, estimated completion date, the amount of funds that have been expended, and the remaining County Proposition ] B allocation to be expended. In the event County wishes to conduct a City expenditure assessment at any time prior to the end of a fiscal year, City shall provide a status report to County within two (2) weeks of a written request in accordance with Section 1.D. E. County will prepare any necessary amendments to the Proposition 1B project list in June 2009 and June 2010 based on the status reports of all Proposition 1B participating cities. If one or more city status reports show an inability to expend the entire Proposition 1B allocation within the required statutory timeframe, or if the County or State deems any expenditure to be ineligible, County in its sole discretion will determine whether to reallocate the unexpended city funds to the City by preparing a revised Proposition 1B project list for the DOF and an amendment to this Agreement. In no event will County submit a revised project list to the DOF more than once per fiscal year. F. City shall expend its Proposition 1B allocation no later than June 30, 2011 per Proposition 1B Requirements. Fiscal year 07-08 Proposition 1B funds may only be expended after Page 2 of 6 25H-4 Agreement No. D08-042 County receives its 1 B allocation from the State. Any portion of the city's allocation not expended by this deadline shall be returned to the County in a timely manner, but no later than August 31, 2011. G. In the event of an audit, City shall provide County, and the State if necessary, all project and finance documentation as required within the timeframe specified by the State. City shall attend all audits involving its Proposition 1B projects as required by State. If the State finds that any City expenditure is ineligible or is out of compliance with Proposition 1B Requirements, that expenditure shall be reimbursed to the County no later than 60 days from the State's determination. SECTION II MISCELLANEOUS PROVISIONS: A. Availability of Funds County's distribution of funds to the City depends entirely on the County receiving its Proposition 1B allocation from the State. County shall not disburse the City's allocation until such time that the County receives its Proposition 1B allocation from the State. B. Indemnification City shall indemnify, defend with counsel approved in writing by County, save and hold County and each of its elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement. City shall return its Proposition 1B allocation to the County (or State as appropriate, with written consent from the County) within the timeframe contemplated under this Agreement should 1) City fail to expend all of its Proposition 1B allocation within the specified timeframe; 2) the State or County deems any City expenditure to be ineligible; or 3) the County's Proposition 1 B aid to cities be found to be incompatible with Proposition 1B Requirements. C. Assignment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of City's interest in this Agreement shall be made without the written consent of the County. Furthermore, City agrees that Proposition 1B allocations shall not be expended on, given to, shared with, or otherwise provided to any other city, local agency or other entity not contemplated under this Agreement. D. Entirety & Amendments This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Page 3 of 6 25H-5 Agreement No. D08-042 E. Severability If any pari of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. F. Calendar Days Any reference to the word "day" or "days" herein means calendar day or calendar days, respectively, unless otherwise expressly provided. G. Notices Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows: City: Director of Public Works/City Engineer Public Works Department City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Phone 714-647-5654 Facsimile 714-647-6954 and County: Director of Public Works County of Orange PO Box 4048 Santa Ana, CA 92702-4048 Phone 714-834-2308 Facsimile 714-834-2496 All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class, postage prepaid and addressed as above. Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given. H. Termination County may terminate this Agreement for any reason provided that the City has not awarded any project on which its allocation will be expended. After the City has awarded a project on which its allocation will be expended, County may terminate this Agreement if the City is in breach of this Agreement. Any such termination shall be accomplished by delivery to City a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding is terminated, and the date upon which the termination is effective. No termination shall become effective if, within thirty (30) days after receipt of a Notice of Termination, City either cures the default involved or, if not reasonably susceptible to cure within said thirty (30) day period, City proceeds thereafter to complete the cure in a manner and time line Page 4 of 6 25H-6 Agreement No. D08-042 acceptable to County. During this period before the effective termination date, City and County shall meet to attempt to resolve any dispute. I. Breach The failure of the City to comply with any of the terms and conditions of this Agreement or the Proposition 1 B Requirements shall be a material breach of this Agreement. J . Binding Obligation The Parties to this Agreement represent and warrant that this Agreement has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity enforceable in accordance with its terms. K. Governing Law and Venue This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure, Section 394. L. Attorney's Fees In any action or proceeding to enforce or interpret any provision of this Agreement, or where any provision hereof is validly asserted as a defense, each party shall bear its own attorney's fees, costs and expenses. M. Waiver of Ju Trial Each Party acknowledges that it is aware of and has had the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury, and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and knowingly waive and release all such rights to trial by jury in any action, proceeding or counterclaim brought by any Party hereto against the other (and/or against its officers, directors, employees, agents, or subsidiary or affiliated entities) on or with regard to any matters whatsoever arising out of or in any way connected with this Agreement and/or any other claim of injury or damage. Page 5 of 6 25H-7 Agreement No. D08-042 IN WITNESS WHEREOF, City has caused this Agreement to be executed by its Mayor and attested by its Clerk, and County has caused this Agreement to be executed by the Chairman of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively. City of Santa Ana, a municipal corporation Date: _ _ By; Mayor ATTEST: APPROVED AS TO FORM: By: City Clerk City Attorney County of Orange, a political subdivision of the State of California Date: By: Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM: THIS DOCUMENT HAS BEEN DELIVERED COUNTY COUNSEL TO THE CHAIRMAN OF THE BOARD ORANGE COUNTY, CALIFORNIA By: Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California By: Page 6 of 6 25H-8 Deputy N 4 Q O ~ ~ ~ "'' C X ~ W d d Os Q tv C Q IC r C N O ~+ V G w V d .~ O ~ a° m~ T C N O ~ d N ', O _ O ~ ~ V a N -~ ~ m -~ c 3 m c O 0 .. c 0 V s d co a 25H-9 25H-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AGREEMENT WITH ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. FOR STREET LIGHTING REPAIRS f f --r--- r CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Econolite Traffic Engineering and Maintenance, Inc. in the amount not to exceed $1,125,000 to perform needed street lighting repairs in the Floral Park neighborhood, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The City's street lighting system located in the northern part of the City was constructed in the 1920's. In the last several years the lighting has been very unstable and the residents in the Floral Park neighborhood have experienced frequent lighting outages. The system requires parts that are difficult to locate and repairs must be handled by contractors experienced with high voltage series lighting. Due to the difficulty in maintaining the system, staff is proposing to replace the cable, install new conduit where required and install new globes. The existing light poles will remain to retain the character of the neighborhood. The work will be done in phases. The initial phase will be in the Floral Park area north of Santa Clara, followed by the area north of 17th Street. The final phase will include the street lights on Broadway (Exhibits 1-3). A meeting will be held with the Floral Park neighborhood association before the work begins. Requests for proposal were sent to twenty-three street lighting companies and three responded. A committee consisting of five staff members from the Public Works Agency evaluated the proposals. Each company was evaluated based on its qualifications, past experience and capacity to 251-1 Agreement with Econolite Traffic Engineering and Maintenance, Inc. May 5, 2008 Page 2 perform the required work. The prices submitted for the project are as follows: Econolite Traffic Engineering and Maintenance Inc. $1,011,223 Republic ITS $.1,157,640 Sierra Pacific $2,128,795 The City has utilized Econolite for a number of years for its signal and street lighting maintenance and due to their familiarity with the system, excellent service and competitive pricing, staff is recommending an agreement with Econolite. A ten percent contingency has been included in the agreement for conduit replacement and other unforeseen circumstances. FISCAL IMPACT The current fiscal year budget includes $375,000 to begin this project in the Street Lighting activity (account no. 11-625-6631) and another $375,000 is included in the proposed budget for fiscal year 2008-2009 which will be submitted to the City Council in the next several weeks. The remaining $375,000 will be included in the proposed 2009-2010 budget. Completion of the project will be contingent on Council approval of subsequent year funding. James G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: 'T' ~11~R O a asp ~ ~ ~ .a-.~ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ~ 251-2 RIGAN AV J ' Z Z J Q ` 1 J W ~ ; w ~ O -NARD ~ ~ ~ LN LL. SHEI~WIN RD W Z O Z ~z ~ wz ~ W'~ ~J ~-~ ~ J RIVIERA DR z f J ,' J r W O J Z J W J O BUFFALO AV ,` F- cn F- z ' cn 5 ~ I- >- 0 O W BU A~ LO ED m sarrT~ A~~ I itie: ~ CITY COUNCIL AGREEMENT WITH ECONOLITE AGENDA DATE: TRAFFIC ENGINEERING AND ~"=`~~~ ,: MAY 5. 2008 MAINTENANCE, INC. .,~: . H W O ~ LL ~ w Q w _... _MEMORY LN __.. .. JONQUIL RD U~ ~, ~ ._, _,_..._._ ~_,.... _, , ... Ua ' a PARK LN s~2~ 9 -92 ', 9~ ~~~~ , -y~~°. Project Area 1 ~R~ F~ RIVERSIDE DR ~R ,__. ~ `4 %~ ~ HELIOTROPE DR _ ~.- ~ ~ ~.~ ~ __ OZ ~z m NORTH PARK BLVD ~ Lt _ . m ~ O s F- Q w < - ..__... ~. _„ .. BONNIE BRAE WY z, , ~..~ _ w SANTA CLARA AV , 251-3 __ _, _~ w 18TH ST ~ tai w i _. ~ ~ > ` ~ ~ 16TH ST ~ ~ ~ ._ __ _ _ _ ~6l Z a > ~ Exhibit 2 saNTa aN~ Title: CITY COUNCIL AGREEMENT WITH ECONOLITE ~~. ~'' AGENDA DATE: TRAFFIC ENGINEERING AND ~~;- MAY 5, 2008 MAINTENANCE, INC. _ 251-4 HELIOTROPE DR _~ .. _ ,~ `~m2 ~ 4 , , 02 .' ~ ~ ~o ~- a m EDGEWOOD RD NORTH PARK BLVD = _ "~~~ ~ :- - ~ ~ ~ ~ _ ~ o _; ~ F- O w m ! cn Z f F-- .` ¢ k ~; ~ ~ B ~~~~~~'~ Area w: ~ z z - ONNIE BRAE WY w _ ~ I ~ a ~ ~ SANTA CLARA AV ~~' i~ l f SAN' N ~ ~~ UFFALO ~ ~ y . ` ~ _ ___ ._ ~; AV i ~. y BUFFALO AV D ' LL ' ~ F- ' ~ OC ~ i -t~ ~ ~ a . O: ~ ~ E- w ; ~: Q ~ ~ I ~ f 22ND ST __.. w_ p: ~ ; Ot ~ U H w ~ E r 2 ~' U ~ W ' ~ ~' ~ ~ E 20TH ST ~ z - r ~-_ ~ ,_ ~_ ~ ~, _._ m 1 ~-. = ~ ' ~ ~ 9TH ST Z ~ a, ~ z, O __ a-__ ~ ~' ~ __ ~ 1 TH ST _ .. ~ ti j w i f-- > t i s - ~ _.. _.~ .~ ..... ~ 3 Z ~ 16TH ST ~ w ;. _ ~ ~ - - ~ 6TH ~ ST ` F- ~ z ~ I _.~ ~ _ .. _; _ ~ ._ ~ ~ . __ Exhibit 3 s~rr~~ aN.~ i itie: ~ ~~, CITY COUNCIL AGREEMENT WITH ECONOLITE ~, :~=- AGENDA DATE: TRAFFIC ENGINEERING AND ~=~ ~= MAY 5, 2008 MAINTENANCE, INC. :, ,, , 251-5 CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this 5`h day of May, 2008 by and between Econolite Traffic Engineering and Maintenance, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of street lighting systems and installation of underground cables and conduits. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide street light repair and replacement for the Floral Park neighborhood, as set forth in City's Request for Proposal dated December 6, 2007, attached hereto as Exhibit A, and incorporated, in full, by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Fee Proposal, attached hereto as Exhibit B. The total sum to be budgeted under this Agreement shall not exceed $375,000.00, per fiscal year, for a total compensation of $1,125,000.00 during the term of this Agreement. The total compensation includes a contingency for replacement of conduit as necessary, and other unforeseen circumstances. Said funds shall accumulate during the term of this Agreement if not expended during the fiscal year allocated to this Agreement. b. The Contractor will be paid monthly in arrears for work performed satisfactorily under this contract. By the 10th of each month the Contractor shall submit a detailed progress report, I 251-6 detailing the percentage of work completed on the circuit in the prior month. This report shall be accompanied by a billing in accordance with the contract price for the work performed, and shall become the basis for payment. Payment by City shall be made within thirty (30) days following receipt of such invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and will terminate December 31, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon the written approval of the Executive Director of the Public Works Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor's comprehensive general liability insurance policy shall contain language substantially similar to the following clauses: 2 251-7 (1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. (2) With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. (3) This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 3 251-8 f. Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with City prior to the effective date of this Agreement. This is a condition precedent to the formation of any obligation by City to compensate Contractor under this agreement. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, 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 Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 2514 9 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works Agency Administrative Services City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5069 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Econolite Traffic Engineering and Maintenance, Inc. 3360 E. La Palma Avenue Anaheim, California 92806 telefacsimile (714) 666-1123 Attn: Rick Duncan, Operations Manager A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been 25110 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 25111 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and 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. 16. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or its employees in connection with the performance of this work. 17. FAILURE TO PERFORM SATISFACTORILY A. It is agreed and understood that if the Contractor fails to perform the work as specified herein, the Director 1) will only pay for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. B. The Director may make a billing adjustment in monthly payments for insufficiencies in service rendered by the Contractor. Billing adjustments for this 25112 unsatisfactory service may be permanent retention of 100% of the estimated monthly cost for work that is incomplete or deficient as stated herein. C. If the Contractor performs the work in such a manner that the amount of payment withheld due to sub-standard performance, non-performance and forfeiture for non- completion per schedule totals five (5) percent of the total contract price, the City will put the Contractor under notice of non-compliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, non-performance and forfeiture for non-completion per schedule totals ten (10) percent of the total contract price, the contract is subject to cancellation at the City's option. In the event of cancellation for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued by changing contractors 18. SAFETY REQUIREMENTS All work performed under this contract shall be performed in a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 19. UNDERGROUND SERVICE ALERT (USA) Underground Alert Systems must be notified 48-hours in advance prior to commencing work that involves digging underground. This notification is required for each location. The telephone number is 1-800-422-4133. 20. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately reported to the Public Works Agency. 21. UTILITIES Any Damage to utility lines that occurs shall be immediately reported to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. 22. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property, the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. 25113 23. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are removed or damaged, other than those designed for removal, then such improvements shall be replaced in kind at the Contractor's expense. 24. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH Handbook, the Contractor will contact the Director for approval. 25. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for Routine and/or Extraordinary maintenance of this contract. Signs used for handling traffic during the course of this contract shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and/or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Public Works Agency. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 26. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the contractor fail to correct deficiencies or public nuisances that have been created because of his operation, then these will be considered to be of an emergency nature. City shall have the right, but not the obligation to make the corrective work. Such work will be done on a force account basis with an additional callout charge of $200.00 for each callout. 27. APPRENTICESHIP STANDARDS Where required under law, the prime contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 28. SUBCONTRACTORS 9 251-14 a. Designation of Subcontractors In accordance with the provisions of Section 4100 and subsequent sections of the Government Code concerning the Subletting and Subcontracting Fair Practices Act, Contractor's proposal lists all subcontractors who will perform work or labor or render service to the Contractor's total proposal. b. Proposers Note Carefully If Contractor failed to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of the total bid, he agrees to perform that portion himself. The Contractor shall not, without the written consent of the City: (a) Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. (b) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. (c) Subcontract any portions of the work if the cost thereof exceeds one-half of one percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 29. PAYROLL RECORDS Section 1776, Chapter 1 of Division 2, from the California Labor Code relating to apprentices on Public Works, requires that each contractor and subcontractor keep an accurate payroll, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and each week, and the actual per diem wages paid each journeyman, apprenticeship or worker employed by him. The payroll shall be made available to the employee or this authorized representative, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards. Pursuant to Labor Code S 1778.8, the Contractor agrees to pay travel and subsistence payments to each workman needed to execute the work in accordance with applicable collective bargaining agreements filed with the Department of Industrial Relations. 30. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. ~o 251-15 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. RODNEY MATHIS President Tax ID# 251'16 EXHIBIT A FLORAL PARK NEIGHBORHOOD STREET LIGHT REPAIR SPECIFICATIONS I. SCOPE OF WORK The Request for Proposal calls for repairs of the existing street light system in the Floral Park Neighborhood due to age and deterioration. The Floral Park Neighborhood is located in the north part of the City and is bounded by Riverside Drive on the north, Flower Street on the west, 17t~ Street on the south, and Broadway on the east. This project will include the replacement of all cable, replacement of portions of deteriorated conduit where required, removal of potheads from street light poles, removal of pull boxes and installation of new globes in the North Park circuit, North Residential circuit and Broadway circuit. The Floral Park Neighborhood is a high voltage series street lighting system that was installed in the early 1920's. The neighborhood has witnessed numerous power outages which are becoming more frequent. The system repairs have been "piecemealed" over the years and it is unknown how much, if any, of the existing conduit may need to be replaced. The conduit in that area is old and deteriorated. The City is considering two options - replacing all conduit and utilizing existing conduit. Pricing requested from the Contractor will include both options. The lead casing that surrounds the existing cable is possibly considered hazardous material for disposal purposes. Staff will confirm the cable disposal and/or recycling options and send you an addendum on this issue. The Floral Park Neighborhood has approximately 57,000 linear feet of cable: Circuit • North Park Circuit - 22, 000 feet • North Residential Circuit - 30,000 feet • Broadway Circuit - 5,000 feet Not to exceed budget (excluding conduit replacement and unforeseen circumstances) $392,136.00 $526,772.00 $ 92,315.00 The scope of work includes the following details: • Replace all cable using existing conduit. • Replace deteriorated conduit only if it is more cost effective to replace than to work with existing conduit, as directed by the Director. t2 251-17 • Separate pricing is requested for replacing all conduit with 1'/z-inch conduit installed 18 to 36 inches below grade. • Remove potheads from street light poles as work progresses. • Remove all pull boxes except for required boxes as work progresses. • Install new globes. • This is a working system; system must be de-energized each morning and re- energized each afternoon. Contractor is responsible for keeping street lighting system operational. • Lockout/tagout is required. • Proper disposal or recycling of hazardous materials is required. • Work shall start from the service point and proceed to completion of one circuit prior to starting work on another circuit. • All connections must be made by the end of each day as the system shall be energized each evening. At no time can a cable be left unconnected prior to energizing. • All return lines must be separate and identifiable. • A sketch of a typical cable replacement is attached. The City acknowledges the complexity of this project, the scope of work requested and that unforeseen work may be required during the scope of the project. A map showing street light locations and service points is attached to this proposal (EXHIBIT A-1). Funding will be allocated over a three or four year period until the work is completed. The City, at the discretion of the Director, reserves the right to decrease the scope of work during the duration of the agreement The Contractor shall provide at his own risk and cost all labor, materials, tools, equipment, traffic control and miscellaneous devices, transportation, hauling, dumping, recycling of construction and demolition material, and proper disposal and/or recycling of hazardous materials as part of this project. II. APPROVED MATERIALS A. CONDUIT L Rigid, nonmetallic electrical conduit 2. Sizes: 1" 1 '/a" 1 '/2" 2" 3. Fittings to match conduit sizes B. CONDUCTORS AWG wire size #8 solid copper wire. 251'18 2. Rated for operation at 5,000 volts. 3. 2.8mm polyethylene insulation per Power Cable Engineers Association. 4. Approved oil resistant rubber tape and vinyl chloride tape for splicing. C. GLOBES 1. Polycarbonate white textured 2. Acorn style globe (matching existing) 3. Size North Park and North Residential areas a. 15" x 23 '/z" x 8" Broadway a. 16" x 27" x 9" D. CONCRETE Replacement concrete must match existing concrete. III. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director shall have the authority to acceptlreject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be sub-standard, he may (1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; (2) direct the work be accomplished by a separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. The Director, or his authorized representative, shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR (1) Local Office The Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. A local office is one 2511419 that can be reached by telephone without it being a toll call. Contractor will not be allowed to store equipment or materials at any contracted area. (2) Submittals The Contractor shall submit to the Director at the beginning of work, 1) a proposed job schedule, 2) time sheet, 3) names and titles of all persons working on the project, and 4) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. (3) Uniforms/Identification The Contractor shall provide to all field personnel a standard uniform with company identification. All vehicles and equipment on the project site shall also be properly marked with company identification. (4) Licenses and Permits The Contractor shall, prior to award of contract and without additional expenses to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to G10 Electrical License and a City of Santa Ana Business License. (5) Compliance with the Law The Contractor agrees that its performance under the contract shall comply with all applicable laws of the United States of America, the State of California, the County of Orange, the City of Santa Ana, and any other body having jurisdiction over the activities of the Contractor. (6) Work Force a. The Contractor shall insure that all work under this agreement is supervised by Contractor employed supervisory personnel who are technically qualified and possess management skills required to implement modern methods and newly developed procedures b. The Contractor shall insure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by the Contractor. c. The Contractor shall be responsible for the skills, methods, appearance and action of Contractor's employees and for all work done. The Contractor's employees shall be U.S. Citizens and/or legal residents. 15 251-20 d. The Contractor shall perform the work provided for in this contract under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. (7) Material The Contractor shall submit a list to the Director all materials that the Contractor proposes to use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all Federal, State, County, and local agency laws, guidelines and requirements. (8) Rec_ cy lin All waste (including greenwaste and construction and demolition materials) resulting from work performed under this contract shall be recycled. A recycling work plan shall be submitted to the project manager prior and approved before the project begins. All hazardous waste shall be disposed of properly and/or recycled. (9) General Maintenance and Clean-Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in the parkway swept and cleaned of any debris, dirt or soil. (10) Emergency Service The Contractor shall be able to receive and respond to the City's call for emergency service twenty-four hours per day, seven days per week. Response time shall be immediate but not less than two hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where contractor can be contacted twenty-four hours per day, seven days per week. (11). Penalties and Fines Failure to comply with requests from the Director and/or creating unnecessary delays, as determined by the Director, may be cause for fines and penalties in the amount of $200.00 per occurrence per day until said request(s) is completed. These shall be deducted from invoiced payments. 251~~21 Q EXCAVATE AT EACH POLE OR PULLBOX LOCATION. CUT CONDUIT BY 90 DEGREE ELBOW. O PULL OUT CABLE. O INSTALL PVC COUPLINGS. O INSTALL NEW CABLE. Q REMOVE POTHEADS. O MAKE NEW CONNECTIONS. ~ REMOVE AS I i YOU PROCEED. i I 5 5 ~ ~ ~ ~ 1 I - L ' - - - ' ' ~~~~, 1 , - - -' ~ ~ 3 L~-u ' ~ 3 ' , 11 l! ~ ~ ~ ' ~ ~ I ~ ~ ~ ~ ~ I I 3 I IEPLKES STp, PLAN N0. 4 ~ I I APPROVED DATE: CITY OF SANTA ANA CITY ENGINEER rVDI-1~~ RtiA'NW AC~K~Yi DATE REVISION PACE TYPICAL CABLE I~R 251Q~ACEMENT SKETCH 251'23 EXHIBIT B VII. PRICING -LABOR RATES Labor Cost Straight Time Rate Overtime Rate Provide a listing of contractor's rates (including all fringe benefits, mark-up, overhead etc.) for all job classifications to be assigned to work on this project. 1. i ~-A~l C. St f~1Al_ ~l1ECT. $~C1 ~t~. $ t 4~ ~ 2. 2. ~-tc~ar~~ -t $ ~(~ N~ $ t 35 ~t2 4. $ $ 5. $ $ 6. $ $ Materials Cost Provide a listing of materials to be utilized and pricing 2. ~ ~~'f ~ ~ QG (;cri1~ iT' 3. ~ ~f 2` CaQC- Cc~Du~T 5. ~~~ ~iP..C_ CENIJtI iT 7 Mark-up Cost/Linear Foot $ ~ ~ ~.F $ -~ ~~LF a $_ cJ ~ LF $ i l i F..c~~.f-} $ 7,a~ $ c ~ 3 ~T ~5% $ 251-24 EXHIBIT B Installed Conduit Cost Total Cost/Linear Foot -~Provide_.~ i- ns~alled cost (including labor, materials and equipment} per linear foot for the following sizes of conduit 1. 1-inch j~~JVt:~(F~ $ ~ j ~ 2 . 1'/4- inch 't"REr~cj-tF.~} $ (,~ Z ~~. 3. 1'/z- inch T~~~-lam $ (03 i.~ 4. 2-inch ~Tp"-tom $ j ~F Equipment Cost Daily Rate Provide a listing of equipment to be utilized 1. C.q~rl ~ $ ((~7 2. ~~122~ ~-Q $ ~ t~ 3. Sr~LU iCE ~l ~-(i CL.~ $ ~-~'l~ 4. ~DUM (~ 't (2 UCI~- $ NCO 251-25 EXHIBIT B 111. -- PRICING -NORTH PARK CIRCUIT Contractor will provide all materials, labor ahd equipment costs to provide replacement of all cable utilizing existing conduit, removal of pothead~om street tight poles, removal of pull boxes~nd installation of -new globes equipment and ma#erials necessary for the completion of following scenario in accordance with the approved materials identified in Exhibit A. Materials Cost No. of Linear Feet Cost/Linear Foot Total Cast Provide a listing of materials to be utilized and pricing -~-- 4. ~ ~ 5. $ $ 6. $ T~P~- ~ ~ ~ $_ ~ - Mark-up % ~j~a $ .tj ~Z~{ Total Materials Costs $ ~ t.{-~ ~ ---s- tabor Cost Hourly Rate No. of Hours Total Cost Provide a listing of contractor's rates (including all fringe benefits, mark-up, o for each job classification verFtead etc. -~. 3. L.(L~R~I ~C,Ff1~llC(~ $ ~~ ~i17 "7~ $ . 4. ~~ - ~ -- ~ ~~ 8~0 t~a ~ ~ ~ , ~. ~c,~P~~Jt ~~ - ~ ~ Z~ t t t~ znc~ ~ 3 ~ , 6. Total Labor Costs 251-26 $ 3_~32b EXHIBIT B Equipment Cost Daily Rate Tota! Cost Provide a listing of equipment to be utilized 3. ~l~G lei ?~LfC(L $ j~ $~~ a. ,-~, $ 2'75 ~ $ 5. $ $ Total Equipment Cost $ ~~„ ~~ TOTAL NORTH PARK ClRCUtT $ ~~2 ~ ~ 251-27 EXHIBIT B VII. P~i1CING -NORTH REST©ENTIAL CIRCUIT Contractor will provide all materials, labor and equipnrnent costs to provide replacement of all cable utili2ing existing conduit, removal of potheads from street light poles, removal of pull boxes and installation of new globes, equipment and materials necessary for the completion of folbwing scenario in accordance with the approved materials identified in Exhibit A. Materials Cost No. of Linearf=eet Cost/Linear Foot Total Cost Provide a listing of materials to be utilized and pricing 2. ~IXiV F:IL~c. ~ ~ l~ $ 13~ 1 ~ _. _ . $ ~ ~ _. 4. ~ $ $ 5. $ $ s. $ ~araL : ~ 9 2 ~ , 3 . Mark-uP °~ -~°1~v $_ 7C~~L~ Total Materials Costs $ 53 ~-i~, Labor Cost Hourly Rate No_ of Hours Total Cost Provide a listing of contractor's rates (inGuding all fringe benefits, mark-up, overhead etc_) for each job classification 2. ~i!&!f T7~ ~ ! ~i~R~l ~ A~ $ ~~ ~ 200 i ~? ~jp _ $ = ~ 3. L1C~{77rJf? ?~[3=f~t1fC.~A[~ $ ~O {?_ff))U $ ~{? ~, LXx3 4. ~t~~ $ ~a ~ ~~ ~C? ~ - $ L C 6. $~~ Total Labor Costs 251-28 EXHIBIT B Equipment Cost Daily Rate Totai Cost Provide a listing of equipment to be utilized 1. _ l tC~ t~~ICC~ $ ~ $ 2. ~inr~sso2 $ ~~, ~_t5,ooo 4. ~~1~` t'~~L $ Z7~ $ 5. $ $ Total Equipment Costs $~~-G~ TOTAL NORTH RESIDENTIAL CIRCUIT ; ~~ T ~~.. 251-29 EXHIBIT B VII. PRICING -Broadway Glrcuit Contractor will provide all rrt~terials, labor and equipment costs to provide replacement of all cable utilizing existing cpnduit, removal of potheads from street light poles, removal of unneeded pull boxes anq Installation of new globes, equipment and materials necessary for the completiorj of following scenario in aceordancc~ with the specifications identified in Exhibh A. Materials Cost No of Linear Feet CostlLineac Foot Total Cost Provide a listing of materials fo be utilized and pricing 2 F~~~ C~~~ ._ 4~E $ !3~ ~Z $_ ~_~ 3 ~{C'a I~C~ ~iJ1i4~~c'/~L,,S _ ~ $ Z~ _ $ j 2~JD 4 $ ~ S. ___ -- $ ----__ $ Mark-u % p u _~51a $173 Total tifaterials Costs $ i~ ~5- labor Cost Hourly Rate No of Haurs Total Cost Provide a listing of conUectoriS rates (including aft fringe for each job classification benefits, mark-up, overhead etc ) 2 G(C-~l7TN~j_ZF~~IIXCiA~ $ _~~ Z $-t ~. Qpp 3 ~Z7~L] %~iC~4A+kG' $ _~ 1.0C7 $ t S r ODV 4. ~~~~ $ ~ 2417 ~ it* ~T~ (~V c ~ ~ ~2 $ ~ 2+~ ~.5 $~aaa s ___._ __...._._ $ $ Total labor Costs ~ ~7z,8a~ 251-30 EXHIBIT B Equipment Cost ~ Daily Rate ~ Total Cost Provide a listing of equipment to be utilized ~T _ 2 C~1/nP/z~~.~ $ '1 CCU $ Z'J~(~ 3 C~t/~,~+' i~c.lt'1d. ~T $ ~ CCU $ ~~ 5 - --•~ $ ~ Total Equipment Costs _ ~ lD ~tiC) TOTAL BROAQWAY GIRCIJIT g ~I2~3I ~' 251-31 251-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AGREEMENT WITH PACE FOR DESIGN ENGINEERING SERVICES FOR MEMORIAL POOL RENOVATION AND FOUNTAIN NO. 3 REHABILITATION (PROJECTS 08-6016 and 08-9097) r ~~~~~~~ CITY MANAGER -"RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Pacific Advanced Civil Engineering Inc. (PACE), subject to non-substantive changed approved by the City Manager and City Attorney, to provide engineering services for the design of Memorial Pool Renovation and Fountain No. 3 Rehabilitation projects in the amount not to exceed $91,050 including a 15% contingency. DlscvssloN Memorial Park Pool was last renovated in 1994. The annual maintenance costs are rising and several issues are emerging, such as leakage and algae, which are affecting program activities at this pool. The Memorial Park Renovation project involves the repair of the leakage, the removal of algae, and the reassessment of the deck edge, existing hand rails, underwater pool lights, lifeguard chairs, and diving boards for safety reasons. Due to deterioration and maintenance problems, the Civic Center Law Library Fountains (also known as Plaza Fountain No. 3) has not been in working order since 2002. The Fountain No. 3 Rehabilitation project includes addressing cracks and leakage in the fountain, providing new spray center jet and lighting, and replacing the electrical and plumbing systems. The project locations are shown on Exhibit A. In January 2008, the Public Works Agency issued a Request for Proposal (RFP) to several consulting firms to obtain engineering services for the design of the fountain rehabilitation and pool renovation projects. Two proposals were received in response to the RFP and evaluated by the project team consisting of PWA Design and Park and Recreation staff. Each firm was rated according to its qualifications, past experience, and capacity to perform the required work. Based on the proposals submitted, the ratings for the firms are as follows: 25J-1 Consultant Agreement with PACE Project No. 08-6016 and 08-9097 May 5 2008 Page 2 FIRM RATING FEES 1. PACE 80 $79, 170 2. Pac Rim 81 $119,541 The fee schedules for these firms consistent and reasonable with experience of key personnel, client is recommended that the firm of services. ENVIROr11~iTAL IMPACT were compared. PACE's fee proposal is staff's estimate. Because of the satisfaction and competitive rate, it PACE be retained for the required There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Acquisition and Development District 3 fund (account no. 313-232-6631, project 08-6016) for the Memorial Pool Renovation project and Civic Center Maintenance fund (account no. 074-243- 6631, project 08-9097) for the Fountain No. 3 Rehabilitation project. James G. Ross Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation Services Agency & ~ Community APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ,~1~/ Executive Director "I~ Finance & Mgmt. Services Agency 25J-2 J L_J SAINT ANDREW pL ~ ~ L_ F- N J Y O ,Q 3 SAINT ERTRUD P a m ~ w m Y Q ~ ~~~'"~ 3 \ J WA NER AV ~ r~~n~ rFlO.IECT LOCATION MEMORIAL PARK POOL RENOVATION (PROJECT NO.OS-6016) Tx ~ SANT p 0 TH T SANTA AN LVD a 4TH ST -~ ~ ~; ~ PROJECT LOCATION _~ CIVI CEN R D L-~LJ FOUNTAIN N0.3 REHABILITATION (PROJECT N0.08-9097) LEGEND: PROJECT LIMITS EXHIBIT A SANTA ANA TITLE: P W A ~~ MEMORIAL PARK POOL RENOVATIaV M,e,Y 5, Zppg AND FOUNTAIN N0.3 REHABILfTATK~N ~~~ ~s .~E~. (PROJECT NOS. 08-6016 AND OS-9097) N H 2 W J N 25J-3 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 5th day of May, 2008, by and between Pacific Advanced Civil Engineering, a California corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a qualified consulting engineering firm with a proven track record of completing large pool and fountain renovation projects for the professional engineering services of swimming pool renovation, fountain rehabilitation, and related infrastructure rehabilitation. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide professional engineering services, including assessment and analysis of existing conditions, the preparation of Plan, Specification and Estimate, and construction support for the projects designated by City, as set forth in City's Request For Proposal -Professional Engineer Services for the Renovation of Memorial Park Pool and the Rehabilitation of Plaza of the Fountains Projects, dated January 23, 2008, as supplemented by Consultant's Proposal, collectively attached hereto as Exhibit A, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, and drawings, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be 25J-4 copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed Ninety-one Thousand, Fifty Dollars ($91,050.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice including a detailed breakdown of the services and tasks performed, hours and hourly rates related to performance of those services and tasks, subject to City accounting procedures. City shall pay up to ninety percent (90%) of the invoice. City shall retain ten percent (10%) of each payment subject to final completion and approval of all work and delivery of final as-built plans. c. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. In the event that the City disputes a portion of Consultant's invoice, any sums not in dispute shall be remitted to Consultant. 4. TERM This Agreement shall commence on the date first written above and terminate on acceptance by City and delivery of the as-built drawings, unless terminated earlier in accordance with Section 13, below. 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. 25J-5 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. A The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25J-6 If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect negligent performance of services of the Consultant or its contractors, 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. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an 25J-7 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. 9. 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. 10. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702-1988 telefacsimile (714) 647-5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: PACE 17520 Newhope Street, Suite 200 Fountain Valley, California 92708 Telefacsimile (714) 481-7299 25J-8 Attn: Sonny O. Sim A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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 is not embodied herein. 12. ASSIGNMENT In as much as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such 25J-9 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. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. 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 Ciry immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature here in below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25J-10 (Remainder of page intentionally blank) 25J-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA: DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney PACIFIC ADVANCED CIVIL ENGINEERING SONNY O. SIM Vice President 25J-12 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES FOR THE RENOVATION OF MEMORIAL PARK POOL AND THE REHABILITATION OF PLAZA OF THE FOUNTAINS PROJECTS I. INTRODUCTION The City of Santa Ana Public Works Agency desires to enter into an agreement with a qualified consulting engineering firm with a proven track record of completing large pool and fountain renovation projects for the professional engineering services of swimming pool renovation, fountain rehabilitation, and related infrastructure rehabilitation. The major elements of the project are the assessment and analysis of the existing conditions and the subsequent preparation of Plans, Specifications, and Estimate (PS&E) of the following projects: • Swimming pool renovation at Santa Ana Memorial Park. • Fountain rehabilitation at Plaza of the Fountains in Civic Center. II. PROJECT BACKGROUND Santa Ana Memorial Park Pool (Memorial Pool) was constructed at the corner of Flower Street and Saint Gertrude Place in 1961. It is a heavily used public pool opening seasonally from Memorial Day to Labor Day. The pool is approximately 167 feet in length, 65 feet in width and depths ranging from three (3) to twelve (12) feet. The pool holds approximately 600,000 gallons. Memorial Pool was last renovated in 1994. The annual maintenance costs are rising and several major issues are emerging, such as black algae, leakage, and other problems which are affecting program activities. Plaza of the Fountains is located within Santa Ana Civic Center, at the corner of Santa Ana Boulevard and Flower Street. Civic Center Law Library Fountain (a.k.a. Plaza Fountain No. 3) was built in 1970 in the Plaza of the Fountains due south of Orange County Law Library. Due to deteriorations and maintenance problems, the fountain has ceased operations since 2002. In 2002, Holmes and Narver prepared the rehabilitation plans for Plaza Fountain No. 3 as well as the reflecting pool adjacent to the east side of the Law Library. Funding was only available at that time to implement construction at the reflecting pool. Upon completion, design issues surfaced once operations commenced so the design approach for Plaza Fountain No. 3 shall be reanalyzed and modified accordingly. The previous base design can be used as a reference; however, the Consultant is responsible for updating the plans to reflect current standards and redesigning the pump system for a more effective operating system. III. SCOPE OF WORK Consultant shall be responsible for the preparation and submittal of PS&E through completion with the approval of the City of Santa Ana. The PS&E of the pool renovation and fountain rehabilitation shall be prepared separately for bid and awards purpose. The following is the breakdown of the scope of work for the project. Any additional tasks deemed necessary by the Consultant shall be clearly identified in the proposal. A. Management and Administration Consultant is fully responsible for the overall project management, administration and coordination for the project, including but not limited to the following: 1. Management and Coordination -Consultant shall be the liaison with affected agencies, monitor project progress and maintain project files. Other responsibilities of Consultant include supervising, coordinating, monitoring and reviewing design for conformance with local agencies standards, policies and procedures. 25J-13 2. Meetings -Project Development Team (PDT) meetings shall occur with all stakeholders and will be held at the City of Santa Ana. Consultant shall send out the agenda and any necessary communication documents a minimum of two (2) business days in advance, prepare and distribute meeting minutes, new action items and disposition of previous action items and other communication documents within five (5) business days after the meeting to all attendees and invitees. Consultant shall assume a total of five (5) PDT meetings, including the design kickoff meeting and the preconstruction meeting with the contractors, to take place during the length of project. Consultant shall identify any additional meetings as they deem necessary. 3. Progress Reporting -Progress reports (electronic or hard copies) shall be submitted at monthly intervals, indicating progress achieved during the reporting period in relation to the progress scheduled. If hard copies, Consultant shall provide the City with two (2) copies of the progress report. 4. Project Schedule -Consultant shall prepare the project schedule in Microsoft Project format. The project schedule shall be updated on a regular basis and distributed at the PDT meetings. B. Permits Consultant shall be responsible for securing County of Orange Health Department pool permit(s) for Memorial Pool. Consultant shall be responsible for securing any additional required. permit from other agencies. C. Research & Data Collection Consultant shall research and collect information related to the project site, including existing field conditions, as-built plans and record drawings, reports, and photographs. Consultant shall be responsible for the coordination with utilities agencies to obtain all necessary existing and proposed facilities within the affected areas. D. PS&E Preparation The design and specifications shall follow all applicable City of Santa Ana standards. The optional design features are based on the availability of the funding. Engineering Design Services -Consultant shall be responsible for the following, but not limited to: a. Renovation of Memorial Pool project 1. Address black algae and water leakage issues. 2. Replaster the interior of the pool entirely, including the steps. 3. Assess and repair deck edge, existing hand rails, underwater pool fights, lifeguard chairs, and diving boards. 4. Provide a time clock to the existing electrical panel. Check the control panel against the current NEC code requirements. 5. Provide lane marker lines and tle depth line with contrasting color tiles. 6. Replace the existing pump motor and possibly the pump head. 7. Assess and address wet well issues (optional design feature) 8. Assess and address ventilation within pool equipment building (optional design feature) 9. Replace exterior doors to the pool building (optonal design feature). 10. Provide an eye wash station in the pool building (optional design feature). 11. Change out existing sand in the filters (optonal design feature) b. Rehabilitation of Civic Center Law Library Fountain project 25J-14 1. Address cracks, waterprootng, and leakage at the foundation of the fountain and restore interior finish. 2. Install new spray center jet. 3. Provide new lighting for the fountain. 4. Replace electrical panel and plumbing system (including the water pump system) in the existing equipment room. 5. Assess all existing electrical and plumbing systems (including electrical panel) required for the proposed fountain performance. Address all existing electrical and plumbing systems lacking the capability of handling the new systems. 6. Remove and replace the existing concrete coping and sloped cobblestone veneer around the fountain with new materials per the City instructions. 7. Install skate-stopper around the fountain edge. 8. Construct a storage room for chlorine, carbon dioxide, and acid systems (optional design feature). 2. Utility Coordination and Design -All impacted utility lines within the project limits shall be compiled on utility base plans and forwarded to each utility agency for review, correction, and certification of accuracy. Consultant shall copy the City of Santa Ana on all transmittals, notifications, submittals and letters to the utility agencies. Consultant shall coordinate any necessary utility designs with utility agencies. 3. Electrical Design The details of electrical circuiting and riser diagrams, primary wiring and conduit, transformers, and electrical panel shall be drawn on the electrical plans. Consultant shall provide any additional necessary details for construction and operation purpose. Consultant is providing an allowance to subcontract the services of an electrical engineer to provide power to mechanical equipment, lights and control panel for the fountain system. Electrical plans to include single line diagram, load calculations, panel schedule (if needed), electrical site plan, and equipment wiring diagram. Consultant shall coordinate with design team to determine if a pad transformer and service entrance and meter section wilt be required as part of the design. 4. Structural Design -The design of waterproofing and its protection shall be provided for the edges, walls and bottoms of the fountain. Consultant is providing an allowance to subcontract the service of a structural engineer to verify that the footings and walls of the pool and fountain perform in accordance with the current California Building Code (CBC). The structural engineer shall also provide recommendations for the pool edge repair. 5. Mechanical Design - The new pump system at Fountain No. 3 shall be designed to operate fountain center jet. Consultant shall provide details for piping, valves, fittings, pump equipment, and any additional necessary elements. Specifications shall include pumps and piping manifold layouts. Consultant is providing an allowance to subcontract the service of a mechanical engineer to evaluate the ventilation condition in the fountain equipment room and pool building. All other pumps and piping design are included in the tasks above. 6. Plans Preparation -The plan development shall include at least two (2) plan deliverables- 95% (pre-final) and 100% (final). Each project shall be prepared separately under different title sheet. Plans shall be prepared in conformance with City of Santa Ana standards. The necessary plans shall include, but not be limited to: 1. Plan i. Title Sheet ii. Layout and Dimensions (Memorial Pool to be drawn at a maximum scale of ~/s" = 1' and Plaza of the Fountains at maximum scale of/4" = 1') 25J-15 iii. Equipments and Parts Details (All sheets to be drawn at a scale clearly showing all details or to be determined by the reviewing engineer) iv. Demolition Plans -all items to be removed (All sheets to be drawn at a scale clearly showing all details or to be determined by the reviewing engineer) v. Mechanical and Electrical Details (All sheets to be drawn at a scale clearly showing all details or to be determined by the reviewing engineer) vi. Pool Markings (lane line, target and depth marking) vii. Miscellaneous Deck Equipment Location (diving boards, lifeguard chairs, handrails) Sections viii. Transverse Sections ix. Longitudinal Sections x. Depths Construction Details xi. Underwater Lighting Details xii. Structural Detail of Pool (expansion joint, water proofing and plaster detail, deck edge) xiii. Equipment Details inside the Equipment Room 7. Specifications -Consultant shall prepare construction specifications for items of work shown on the construction plans. Specifications shall include the Ciry of Santa Ana's boiler plate special provisions. The technical special provisions shall be included in the Appendices based on "Greenbook" Standard Specifications for Public Works Construction, 2003 Edition with 2005 Cumulative Supplement. Specifications shall be stamped and signed by the responsible engineer. A list of contract pay items with the descriptions, item codes and estimated quantities shall be included in the front of the special provisions. Pay items shall reference the specification section defining the measurement and payment. Cost Estimate -Consultant shall prepare an updated engineer's opinion of probable construction costs and estimate quantities for construction items shown on the plans. Cost estimates shall be prepared and submitted at each milestone along with the plans and specifications. Quantities for all contract pay items shall be substantiated by calculations. Quantity calculations shall be neat, orderly and shall show all sketches, diagrams, and dimensions necessary to allow them to be independently used by field inspectors during construction. The source of unit cost data shall be included. Lump sum items shall include a breakdown of major components along with adequate cost backup justifying the total lump sum cost. 9. Submission Format - PS&E shall be in US Customary English units and shall conform to the City of Santa Ana standards, regulations, policies, manuals, and practices. The Consultant shall provide clear, concise and complete plans, specifications, and estimate. i. Drawings shall be prepared in Microstation V8 format. Submittals shall be 24"x36" hard copy and to scale. Electronic files shall be submitted at the 100% completion level. ii. Electronic copies of the specifications shall be submitted in Microsoft Word format and the cost estimates shall be in Microsoft Excel format. iii. The Consultant shall provide five (5) copies of the PS&E at each submittal to the City of Santa Ana for review. Upon design approval, the Consultant shall submit one (1) set of mylar plan stamped and signed by responsible engineer. 25J-16 E. Construction Support Activities The consultant shall provide support services during the bidding and construction phases of the project, including: a. The Consultant shall respond to bidder inquiries during the bidding process, including preparation of any addenda. Upon award of the construction contract, the Consultant shall attend the pre-construction meeting. b. Consultant shall review and approve all submittals and shop plan drawings for conformance with construction documents. Consultant shall complete shop drawings reviews within two (2) weeks of receipt. Contract Change Order reviews shall be completed within two (2) working days of receipt. c. Consultant shall respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract documents. Responses shall be completed within three (3) working days. d. Consultant shall provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies in the work by the construction contractor which Consultant may observe. Consultant shall have no authority to issue instruction on behalf of the City of Santa Ana, or to deputize another to do so. e. The Consultant shall prepare and deliver to the City of Santa Ana the final as-built plans incorporating field marked prints supplied by the City of Santa Ana. Upon completion of construction, the City of Santa Ana will submit field-marked prints to the Consultant. The Consultant shall incorporate all changes to the plans electronically with all necessary revision notations and submit to the City of Santa Ana. IV. GENERAL REQUIREMENTS A. All work shall be performed in conformance with the latest City of Santa Ana policies, procedures and standards. B. Consultant shall carry out the instructions received from the City of Santa Ana and shall cooperate with the City of Santa Ana and other involved agencies. C. The Consultant has total responsibility for the accuracy and completeness of all documents and plans prepared and shall check all such materials accordingly. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana do NOT include detailed review or checking of design or the accuracy with which such designs are depicted in the documents and the plans. The responsibility for accuracy and completeness of such items remains solely that of Consultant. D. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked, and dated and having the maker and checker identified. E. The Consultant shall have a quality control plan in effect during the entire time work is being performed under the Agreement. The quality control plan shall establish a process which includes checking procedures for PS&E preparation, an independent constructability review, correcting and back checking procedures, and all job related correspondence and memoranda dated and received by affected persons and then bound in appropriate job files. The City of Santa Ana reserves the right to request proof of said documentation. 25J-17 F. Manuals/Standards -Where applicable, engineering design of all PROJECT improvements shall be compatible and in accordance with the following, but not limited to: • City of Santa Ana Standard Plans and Specifications • "Greenbook" Standard Specifications for Public Works Construction (2003 Edition with 2005 Cumulative Supplement) • California Codes Title 24 It shall be the responsibility of the Consultant to verify that the latest version or updates of these documents are obtained, unless noted otherwise. G. The Consultant's work will be subject to inspections by representatives of the City of Santa Ana. V. PERFORMANCE PERIOD The contract shall begin upon approval by the City Council, and the Consultant shall commence work after notification to proceed by the City of Santa Ana. Unless extended by contract amendment, the contract shall terminate upon acceptance by the City of Santa Ana of the project and upon completion by the Consultant. VI. CITY RESPONSIBILITY The City of Santa Ana will be responsible for the following: A. Providing all available existing City plans and records. The Consultant is responsible for researching available records and paying for copies of records. VII. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibilities for all services offered in his/her proposal. The selected consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract. VIII. DELAYS The City of Santa Ana reserves the right to delay scheduled dates if it is to the advantage of the City of Santa Ana. IX. PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. 25J-18 Project Management Plan and Quality Control Measures Quality Control Measures -Communication As the project develops and meetings are held, various forms of communication between PACE and the City shall take place. To minimize miscommunications and misdirection, PACE has developed the following procedures for each type of communication: • Face to Face Meetings -PACE will follow up each meeting with a summary to include attendees, subject, decisions made, questions and concerns, and meeting results. A document will be generated and e-mailed to all parties involved and a copy of the meeting notes will be kept in the project folder for further reference. • Telephone conference calls -PACE will follow up conference calls in the same manner as face to face meetings. • Project related telephone conversations -PACE will generate a summary of the conversation to document any direction, information and questions or concerns of either party. The phone summary will be e-mailed to the party involved in the phone call and a copy of the document will be kept in the project folder for further reference. • E-mails between PACE and Client will be copied into the project folder for future reference. • E-mails between 3rd Party and PACE related to the project, i.e. agencies or contractors, etc., will be CC'd as needed to the Client, and a copy of the a-mail document will be kept in the project folder. During each facet of the assessment, PACE is in constant contact with key personnel from the City of Santa Ana. PACE will verify and confirm various aspects of the assessment either by phone calls, e-mails, and as the need arises, face to face meetings to ensure that the service PACE provides is what the City has contracted us to do. The above communication procedure allows PACE to utilize our many experts to monitor the project efficiently. Quality Control Measures -Cost Control To control the cost of the project and not exceed the contract amount, PACE maintains a quality control approach during the assessment process. These quality control tools consist of but are not limited to: • Budget accuracy -Accurate initial budgets from project start. • Budget control -Frequent monitoring and control of any design change that affects cost. • Project clarity -Clear understanding of project requirements. • Project process and design review - On an as-needed basis, PACE will meet with the Client to discuss work objectives, schedule and progress to date. Budget issues and concerns, and other related items in order to resolve issues promptly and to stay on schedule and within budget. • Project scheduling -PACE will complete a project schedule that outlines the various tasks and duration of each task. Project schedule will be updated periodically and any anticipated changes will be updated and reported to the Client. An initial schedule of the project has been included in this proposal. 25J-19 March 31, 2008 Mr. Kenny Nguyen City of Santa Ana 20 Civic Center Plaza, MS M36 P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5360 Re: City of Santa Ana Pool and Fountain Renovation Projects # 9076EP Dear Mr. Nguyen: This letter is in response to your request for clarification of our proposal related to subconsultants. Our scope of work includes the following as it relates to each sub- consultant: Electrical Engineer Sub-Consultant - An electrical engineer will be required to size all necessary electrical components for the redesign of the fountain. This includes single line diagram, load calculations, panel schedule, and equipment wiring diagram. An appropriate service entrance section and meter is already in place, so this is not included in our scope. We anticipate that there will be changes to the fountain to require this scope. This is for the fountain only and does not include the pool. For the pool facility, we anticipate that our electrical engineer will inspect the facilities to be in compliance with any code requirements. A report will be generated that indicate any recommendations that we may have for the facility. Our scope of work will not include any repairs or design based on the recommendations made by our sub consultant. Structural Engineer Sub-Consultant -The structural sub-consultant is included in our scope to review the existing facilities and make recommendations for any renovation that may be necessary. We do not anticipate that there will be any major renovation to the structural integrity of both the fountain and the pool based on our site visit. After our structural subconsultant is done with their review, a report will be generated to document their findings. This is the only scope included related to the structural sub-consultant. Any findings that requires a redesign of the facility is not included in our proposal. Hopefully this clarifies any questions you may have on the issue. If you require further clarification, please call me to discuss. Thank you. We look forward to hearing which consultant is selected for this project. Sincerely, PACIFIC ADVANCED CIVIL ENGINEERING, INC. Sonny O. Sim, P.E. Vice President -Recreational Water SOSldb 25J-20 April 7, 2008 Mr. Kenny Nguyen City of Santa Ana 20 Civic Center Plaza, MS M36 P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5360 Re: City of Santa Ana Pool and Fountain Renovation Projects # 9076EP Dear Mr. Nguyen: Per your request during our conversation today, please find our structural, electrical, and mechanical sub consultant qualifications. For a typical pool and fountain project, PACE provides all the management services as the prime consultant and the following design services: Structural 1. Retaining walls 2. Pool and fountain basins 3. Below grade cast in place pump stations 4. Above grade masonry or concrete buildings (single story) 5. Concrete fountain structures Electrical 1. Controls and instrumentations Mechanical 1. Hydraulic design including pump and pipeline sizing 2. Pump equipment room ventilation. 3. Pool heater sizing (does not include complicated heater ventilation). 4. Blower/compressor equipment sizing. Our sub consultants are required on items that are outside of our experience and capability. Our sub consultants perform the following duties: Structural (Wright Engineering, Irvine, CA) 1. Structural code assessments 2. Design of more complicated structures (retaining walls, pump stations, etc.) 3. Bridges 4. Timber structures Electrical (Taylor Rymar Corporation, Phoenix, AZ) 1. Load calculations 2. Panel diagrams 3. Single line diagrams 4. Wiring diagrams 5. Electrical code assessments 25J-21 Mechanical (South Coast Engineering, Calabasas, CA) 1. Heater ventilation Thank you for speaking with us about the proposal. We look forward to hearing from you in the future. Sincerely, PACIFIC ADVANCED CIVIL ENGINEERING, INC. Sonny O. Sim, P.E. Vice President -Recreational Water SOS/kt 25J-22 ~ ~$ !! i w ~ ~ w a a° ® i rc ~ a ¢` w ao a a 5 3 U y ¢ ~ E E~ >. i .. Z = U l - c m_ U 6 K U Q ~ o a ~ e ~ r ~' s s ~ s ~ o ~, ~ ~ ~ ~ ~ . g~~ ~,~~ s . ~ a„ .~. t v ~ a° m ~ "m 2 - ~ ~ _ ~ ~ - E - ~ ~ ~ a a ~ ° ~ ro ~ ~ H ~ n ~ c ~ ° rc v ~ _~ ? ~ o ~ v a - _ _ v ; E x F E '~ ~ ~ y ~ o ~ g oN - ~ _ _ E Z K y N ~ - E O U _ _ V _ ~ E > ~ - v~ E d U - K - Q N E K p Y p G U O 25J-23 25J-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AGREEMENT WITH JOHNSON-FRANK & ASSOCIATES FOR ON-CALL AERIAL MAPPING AND SURVEYING SERVICES CITY-MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1`` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Johnson-Frank & Associates Inc., subject to non- substantive changed approved by the City Manager and City Attorney, to provide as-needed aerial mapping and surveying services in the amount not to exceed $300,000. DISCUSSION Staff has solicited proposals for as-needed aerial mapping and surveying services. The aerial mapping is required for most street improvement projects to identify existing topography and general drainage patterns. The final aerial map serves as a base for engineering drawings. For final design projects, survey elevations are required to accurately record existing street elevations to assure that the proposed street grades and cross-sections are designed in conformance to City of Santa Ana`s design standards. Staff requested proposals from qualified firms and four firms responded. Two of the six proposals were rated as non-responsive by staff and were therefore disqualified from further consideration. The Review Committee evaluated and rated the firms according to its qualifications, past experience and capacity to perform the required work. Based on the proposals submitted, the ratings for the firms are as follows: FIRM RATING 1. Johnson-Frank & Associates, Inc. 86 2. Huitt~Zollars 78 3. Norris-Repke 74 4. Penco Engineering, Inc. 72 25K-1 Agreement with Johnson-Frank & Associates For On-Call Aerial Mapping and Surveying Services May 5, 2008 Page 2 Based on their rating, staff recommends the firm of Johnson-Frank & Associates, Inc. be retained for the required services in the not-to- exceed amount of $300,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed contract will have a limit of $300,000. Funds to pay for the aerial mapping and surveying services are budgeted in the various projects in the Capital Improvement Program. APPROVED AS TO FUNDS AND ACCOUNTS: ,.. ames G. Ross Executive Director Public Works Agency T \\~ hCQS ~ ~• ~ 1 ~f a~~1d. e . Francisco Gutierrez ~~ Executive Director Finance & Management Services Agency 25K-2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 5th day of May, 2008 by and between Johnson-Frank & Associates, Inc., a California corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of engineering, including aerial mapping and surveying services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform aerial mapping and surveying services for arterial and local streets and public parks projects, on an as-needed basis, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B to this Agreement. The total sum to be expended under this Agreement shall not exceed $300,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice, subject to City accounting procedures. The monthly invoice shall provide a detailed breakdown of the services performed during the previous month, including project title and limits, tasks, hour and unit costs or hourly rate. City shall retain fifteen percent of the contract price for each project until the completed Project has been accepted by City. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 25K-3 3. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) such material may not be copyrighted without prior review by the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 13, below. 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 25K-4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant's comprehensive general liability insurance policy shall contain language substantially similar to the following clauses: (1) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. (2) With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. (3) This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25K-5 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £ Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with CITY prior to the effective date of this Agreement. This is a condition precedent to the formation of any obligation by CITY to compensate CONSULTANT under this agreement. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, 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. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, 25K-6 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. 9. 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. 10. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Public Works Agency -Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Alan D. Frank Johnson-Frank & Associates, Inc. 5150 E. Hunter Ave. Anaheim, California 92807 telefacsimile (714) 777-1641 25K-7 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product 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. 25K-8 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. 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 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // // // 25K-9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager JOHNSON-FRANK & ASSOCIATES, INC. ALAN D. FRANK Vice President Tax ID# 25K-10 EXHIBIT A SCOPE OF SERVICES Surveying Service Johnson-Frank & Associates. Inc. On-Call Aerial Mapping & Surveying Services city-of ~ a n t a Ana Proposal Declaration: I hereby declare that the only person, persons, company, or parties interested in the enclosed proposal as pricipals, are named herein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that I, Alan D. Frank, Vice President of Johnson-Frank Assoc., Inc., have full authority to bind the principal proposer. Signed, Alan D. Frank Vice President PLS 7 172 51 50 E. Hunter Ave. Anaheim, CA 92807 (71 4) 777-8877 alanfrank@johnson-frank.com FAX: (71 4) 777-1 641 Johnson-Frank & Associates, Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana Organization & Credentials Survevin~ Services Aerial Mapping and Aerial Control Surveys Topographic Mapping Surveys 3 0 Laser Scanning Cadastral Boundary Surveys Boundary Surveys Right of Way Engineering High Precision Horizontal and vertical Geodetic 25K-11 Control Global Positioning System Surveys Resource Grade, Economical GIS Data Acquisition Hydrographic Surveys ALTA Surveys Construction Surveys Johnson-Frank's solutions are singularly tailored to meet each client's goals. As a full service land surveying firm, the Johnson- Frank staff includes registered and degreed land surveyors as well as highly experienced support technicians. The Firm's equipment represents the latest surveying technology. From its' offices in Anaheim, California, Johnson-Frank provides services throughout the United States. Practical, Extensive Experience Johnson-Frank provides a wide range of land surveying services to an equally wide range of private and public sector clients. These services include the review of subdivision maps, tract maps, and records of surveys for numerous local public agencies such as the cities of Irvine, Mission Viejo, Fullerton, Laguna Niguel, Irwindale, Cudahay, Bell, and the County of Orange. The Firm also serves as the City Surveyor for the cities of Irvine, Irwindale, Fullerton, Laguna Niguel and Mission Viejo. Johnson-Frank is well versed in serving county and federal agencies. The Firm has served as the on-call surveyor for the U.S. Navy's Southwest Division Naval Facilities Engineering Command for ten (10) of the last twenty-eight (28) years. The Firm began a relationship with the U.S. Army Corps of Engineers, Los Angeles District, in 1980 and has been on an on-call basis since that time. As the founders of Johnson-Frank emerged from the ranks of the Orange County Surveyor's Office, the Firm has served as an extension of that agency on an as needed basis since 1975. The Firm has received numerous awards and letters of appreciation from its' clients over the years. The Firm received outstanding performance evaluations from the Los Angeles District, U.S. Army ~ Corps of Engineers in 1994 2000, 2001, 2002, 2003, 2004, 2005, 2006, and 2007. Excellent performance ratings were received from the Southwest Division U.S. Naval Facilities Engineering Command in 1998 and 2002. The Firm has also received numerous letters of appreciation from clients, both public and private, including attorney Warren Wimer, private firm Robert Bein, William Frost & 10 25K-12 Associates, the City of El Monte, the Bureau of Land Management, and Norco-Corona Associates, to name a few. From relatively small staking projects to large-scale governmental horizontal and vertical control surveys, the Firm's surveying and mapping capabilities are second to none. Global Positioning System receivers are utilized, as well as conventional total stations and fast order leveling equipment. Because Johnson-Frank routinely integrates varied skills with the latest technology, results are optimized and, more importantly, clients' goals are met precisely. 51 50 E. Hunter Ave. 1 Anaheim, CA 92807 (71 4) 777-8877 alanfrank@johnson-frank.com FAX: (71 4) 777-1 641 Johnson-Frank & Associates. Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana Public Agency Service Johnson-Frank's concentration on public sector clients bolsters our familiarity with codes, ordinances, and personnel of the area's municipalities and government agencies. This focus is reflected in the surveying services provided. The Firm enjoys an excellent reputation for its field research, field surveys, and its knowledge of survey practices and documentation. That reputation extends to Johnson- Frank's knowledge of local policies. /ohnson-Fmk„ by the Some municipalities and orange coon@~ s a w r to ser zoo aerial [arge& to facili tafe aerial mapping government -..agencies regard drhe Tom a w ,airs&~,*. Johnson-Frank as an extension of - their own staff. A Standard of Excellence on which Government Agencies and 25K-13 Municipalities Can Confidently Rely Johnson-Frank has an enviable depth of government agency and municipality surveying experience. That experience is manifested by an exciting array of projects in which the Firm is, or has been, involved, including: Johmon-Frank was selected by the Ciw oflwine to provide construction layout for the Barranca bridge which spans he !-5 Freeway. Boundary Surveying and Right of Way Engineering Earth Movement Monitoring Studies Bridge Layouts Digital Terrain Modeling and Earthwork Quantity Calculations Planning, Establishment, and Maintenance of Precise Horizontal and Vertical Control Networks Three Dimensional Computer Aided Mapping Aerial Photography and Airborne GPS Controlled Aerial Photography Aerial Mapping Including Ground Control, Map Compilation, and Analytical Bridging Beyond our extensive experience, technical expertise and our ongoing acquisition of the latest, most precise equipment, the Firm's success may be partially attributed to an emphasis on old-fashioned communications skills. Johnson-Frank's internal communication network results in all of our people understanding the role, goals, and intentions of the agency for which the Firm is working. Experience indicates that an open dialogue results in projects that are brought in on time and at projected costs. 51 50 E. Hunter Ave. 2 Anaheim, CA 92807 (71 4) 777-8877 alanfrankajohnson-frank.com FAX: (714) 777-1 641 Johnson-Frank & Associates, Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana Financial Stability Solid Financial Policies Never Involved in Liti ation I g Demonstrated Ability Clients' Success Depends on Commueication and Understanding Johnson-Frank & Associates, Inc. is financially sound. We have remained fiscally sound throughout our 33-year existence in spite of the economic downturns experienced by the County of Orange and the economy in general. We have outlasted many other firms who could not 12 25K-14 withstand the economic impact. Through our sound fiscal policies, we keep our debts at a minimum and our clients' satisfaction at a maximum. As a result of these policies, Johnson-Frank enjoys an outstanding credit record and can easily finance any project specific expansion necessary. surveying services for projkcts ranging from neighborhood shopping centers to planned communities, large scale communications networks, and transportation facilities. All projects were completed with focus on the clients' needs, resulting in success through satisfaction. The attribute that truly distinguishes Johnson-Frank & Associates, Inc. from other full service firms is our ability and commitment to communicate on an ongoing basis with our clients. Our experience shows that most projects require a continuing dialogue insuring that client' goals are constantly fine-tuned so that the final results will reflect the clients' very latest input. Quality on Time Our firm also stands on solid ground legally. We have never been involved in any litigation and have never had any claims against our $2,000,000 Professional Liability Errors and Omissions insurance. Johnson-Frank & Associates, Inc. handles all projects with the same superior level of competency and enthusiasm. We have provided land U S Corps of Engineers Award 1994,2001,2002, 0)(13,2004,2005,2006, & 2007 US Navy ~ Award 1998 & 2001 Our firm has performed all kinds of surveying services, including unique services that private firms are not often accustomed to providing, such as city or county wide horizontal and vertical control networks and geodetic leveling for subsidence monitoring. We work seamlessly as an extension of our client, whether they are a private entity or a governmental agency. Our rigorous attention to detail provides our clients with the utmost confidence in our services and has prevented our firm from ever being involved in any litigation. We received outstanding performance evaluations fiom the Los Angeles District, U.S. Army Corps of Engineers in 1994, 2001,2002,2003,2004, 2005,2006, and 2007. In addition, we are the only contractor for the LA 13 25K-15 District that has always been on time and within budget. We received excellent performance ratings from the Southwest Division U.S. Naval Facilities Engineering Command in 1998 and 2001. We have also received numerous letters of appreciation from clients, both public and private, including attorney Warren Wimer, private firm Robert Bein, William Frost & Associates, the City of El Monte, the Bureau of Land Management, and Norco-Corona Associates to name a few. 51 50 E . Hunter Ave. 3 Maheim, CA 92807 (7t 4) 777-8877 8nfrank@johnson-frank.com FAX: (71 4) 777-1 641 Johnson-Frank & Associates, Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana Relevant Past Projects City of Santa Ana Arterial RoaP C=n * * *eys As the City's previous On-call Aerial Mapping and Surveying Services consultant, Johnson-Frank was tasked to provide topographic mapping of arterial streets throughout the City. The project consisted of 8 sections of arterial roads, a total of 6 miles in all. For safety and time constraint reasons, Johnson-Frank decided to employ a combination of conventional survey and Laser Scanning Technology. Conventional survey was used to recover and control the street centerlines, survey utility features, and survey features outside of traffic. Meanwhile, Laser Scanning ~ Technology was used to survey the pavement areas as well as provide a quality check on the completeness of the conventional survey. Most importantly, this allowed our field staff to minimize their time in traffic, and therefore greatly reduce the possibility of injuries. 14 25K-16 Deliverables for this project included aerial mapping, 50 foot cross sections, survey of all surface evidence of underground utilities, together with centerline monumentation recovery, and centerline and right of way establishment. Client Contacts: Jason Gabriel, City of Santa Ana, (714) 647-5664 Mindy Ly, City of Santa h a , (714) 647-5665 Thomas Perez, City of Santa h a , (7 14) 647-5632 Lee Martin, City of Santa Ana, (714) 647-5030 Exposition Metro Line Construction Authority As a member of the design-build team for the Mid- CityIExposition Light Rail Transit Project, Johnson-Frank ernbloyed Laser sc-&ming Technology to survey the fkeeway d a c e and the undersides of the Flower and Adams bridges over the 110 &way. Laser Scanning Technology allowed us to obtain a high degree of accuracy on the structures in question traffic obstructions of any kind. In addition, it allowed I us to keep our survey personnel out of harm's way, away from the high speed traffic on the lkeway at all times. Contact: Mr. Calvin Yoshitake, Design-Build Team Lead Surveyor, (562) 863-7762 51 50 E. Hunter Ave. 4 Anaheim, CA 92807 (71 4) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1 641 Johnson-Frank & Associates, Inc. On-Call Aerial Mapping & Surveying Services ^'ity~of~antaAna ZDIQ Contract for Surveying and Mapping -Contract No. DACW09-02-D-0016 This contract was awarded in May of 2001. To date, eight (8) task orders have been issued totaling over $525,000. Among these, five (5) have been aerial mapping or a combination of aerial and ground survey mapping. These projects are as follows: Whitewater River, Thousand Palms, California: This project totaled $162,191. It included 41 aerial control panels and aerial mapping of over 2,600 acres of desert terrain. This terrain included sparsely vegetated desert, sand dunes, washes, and desert wildlife habitat preserves. This project was completed on time and within budget. Malibu Creek, Malibu, California: This project totaled $46,690. It included 12 aerial control 15 25K-17 panels and aerial mapping of over 1,000 acres of mountainous coastal terrain. This terrain included densely vegetated hillsides, washes, and upscale neighborhoods. The terrain for most of this project was such that ground transportation was not possible. Helicopters were employed to reach many locations. This project was completed on time and within budget. Lower Mission Creek, Santa Barbara, California: This project totaled $245,500. This project was extremely complicated and difficult 8c it involved the aerial mapping and ground survey of the last one mile of Mission Creek as it passes through downtown Santa Barbara. Most of this creek is completely overgrown and not visible from the sky. The project required close cooperation between field surveyors and photogrammetrists in order to merge the ground and aerial datasets. This project was completed on time and within budget. Flamingo Detention Basin, Las Vegas, Nevada: This project totaled $45,690. It included 8 aerial control panels and aerial mapping of over 600 acres of desert terrain. This terrain included broken up wash terrain as it flowed into the Flamingo Flood Control Detention Basin. This project was completed on time and within budget. Prado Dam Basin, Corona, California: This project is underway and totals $146,100. It includes 44 aerial control panels and aerial mapping of over 1,100 acres, and the aerial targeting, photography, and archiving of over 900 additional acres. Contact: Mr. Alan Nichols, U.S. Army Corps of Engineers, (626) 401 -401 0 51 50 E. Hunter Ave. 5 Anaheim, CA 92807 (71 4) 777-8877 alanfrankQjohnson-frank.com FAX: (714) 777-1 641 Johnson-Frank & Associates, Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana Specialized Experience In 1975, Johnson-Frank & Associates was founded with the specific purpose to provide a full range of surveying and mapping services to the public sector. Unlike many of our competitors, the majority of our revenue is derived from serving the public sector. Our staff is experienced with dealing successfully with the full range of survey projects, 16 25K-18 large or small, short term or for an extended duration. Our firm is completely familiar with the governmental protocols, procedures, security and safety issues in the execution of all phases of government contracts. As a result of our ability to provide quality service at the agency level, we enjoy an outstanding track record among our clientele. Agencies that we have and/or continue to work with, and/or for, include: LOCAL: City of Irvine City of San Marino City of Fullerton City of Chino Hills City of Lake Forest City of Avalon City of Glendale City of Irwindale City of Mission Viejo City of Laguna Niguel City of Bell City of Garden Grove City of Fontana City of Vista REGIONAL: County of Orange County of Los Angeles Port of Long Beach Long Beach Water Department Orange County Water District Coachella Valley Water District Metropolitan Water District of Southern California San Diego County Water Authority City of Santa Ana City of Orange City of Modesto City of San Clemente City of Anaheim City of Burbank City of Corona County of San Diego Port of Los Angeles STA TE: California State Lands Commission California Dept. of Parks and Recreation California Dept. of Transportation California Department of General Services 25K-19 California Spatial Reference Center FEDERAL: U.S. Forest Service National Geodetic Survey U.S. Army Corps of Engineers U.S. Geological Survey U.S. Navy U.S. Air Force 51 50 E. Hunter Are. 6 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com~ FAX; (714) 777-1 641 Johnson-Frank & Associates. Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana WORK PLAN The technical approach follows our production work flow, and is intended to give the reader a sound understanding of the process we will follow to produce the desired deliverables. While we Will outline our approach to producing all of the deliverables asked for in the RFP, it is understood that the City ultimately may not need all of the products and services discussed. Ground Control Surveys This task involves setting the necessary ground control needed to support photogrammetric mapping and aerial imaging operations. Johnson-Frank & Associates, Inc. will coordinate closely with the City to ensure full understanding of the control requirements, and successfbl execution of the ground control survey. Analysis of the CityICounty's available control will be performed in preparation for a survey. We propose setting as many targets as possible coincident with points in the existing control network. Research will be performed in preparation for any special centerline determination, right-of--way determination and legal description requirements associated with a project. A flight and control planning map will be submitted to the City for each project. Formal approval will be obtained from the City prior to mobilizing any field or airborne assets. Field crews will be mobilized to the project site. Static GPS sessions will be performed using Trimble 4000 andlor 5700 GPS receivers to obtain precise position and elevation information for each target location. Targets will be painted in preparation for the photo flight. All survey data will be reduced and checked using Star*Net software. Control point positions will be output in the coordinate, datum and unit systems desired by the City. A survey report will be provided to the City Surveyor; together with a Microstation file and hardcopy plot of the survey. Aerial Photography l8 25K-20 This task involves acquisition of imagery for the project. Upon receiving notification that all aerial targets have been set, Johnson-Frank will mobilize a camera aircraft to the project site. Stereoscopic aerial photography (color or BiW, as desired by the City) will be acquired using a Leica RC-30 or Zeiss RMK-Top precision aerial mapping camera and fine-grain aerial negative film, or possibly a digital aerial camera. Photo Lab Work This task involves processing of the aerial negative film, and production of derivative hard- copy products. 51 50 E. Hunter Ave. 7 Anaheim, CA 92807 (714) 777-8877 alanfrank@johnson-frank.com FAX: (71 4) 777-1 641 City of Sanfa Ana The aerial negatives will be processed, labeled, and checked for compliance with the City-approved flight plan and industry standard flight tolerances. Contact prints will be printed using a LogETronics Mark I1 Automatic Dodging Printer, and processed using an AGFA Model 125 Automatic Processor. Film Scanning This task involves scanning of the aerial negatives to produce raw digital raster imagery in preparation for analytical aerotriangulation, photogrammetric data extraction and orthorectification. Negatives of the aerial photography will be placed into a precision Photogrammetric Scanning System and scanned at a resolution of 12.5 microns (2032 DPI). Automatic dodging software will optimize each image, evening out localized bright and dark patches to ensure even, consistent looking imagery of the highest possible quality for imaging tasks. Analytical Aerotriangulation This task involves the densification and verification of field control data in order to enable the aerial imagery to be used for photogrammetric processes. All point marking and reading will be performed digitally. All targeted ground control, passpoints, checkpoints and drop points will be located, symbolized and marked digitally on the raster images. Analytical aerotriangulation computations will be run using ORIMA software, which is capable of performing blockhundle adjustments using a rigorous least squares analysis, and possesses error detection and removal facilities. Corrections for lens distortion, earth curvature, atmospheric reflection, and film shrinkage will be applied. The output X, Y and Z residuals for all control points and RMS errors for the entire control network will be examined to ensure that they fall within the acceptable range for the accuracy level of mapping selected by the City. Digital Terrain Model Creation This task involves creation of digital terrain models to support generation of contours and production of digital orthophotos. 19 25K-21 Masspoints and breaklines will be extracted in the quantities and locations needed to achieve the most accurate possible representation of the ground surface for production of contours and orthophoto production, if needed. Bridges and overpasses will be correctly modeled in 3D. Contours will be generated flom the DTM's using Intergraph Siteworks and displayed on the graphics screen of a digital photogrammetric workstation. The operator checks the contour set by viewing it in 3D with digital aerial imagery in the background. Line smoothing programs are used where appropriate to enhance aesthetic quality of the contour strings. Every index contour will be labeled. 51 50 E. Hunter Ave. 8 Anaheim, CA 92807 (71 4) 777-8877 alanfrank@johnson-frank.com FAX: (71 4) 777-1 641 Johnson-Frank & Associates, Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana Digital Planimetric Mapping This task involves extraction and processing of planimetric features from the aerial photography using interactive photogrammetric techniques. Data flom field edits will be integrated at this stage as well. The photogrammetric technicians will digitize all of the planimetric features desired by the City into a MicroStation design (.DGN) file using digital mapping software. Common features are grouped together and placed on predetermined levels in accordance with the City's CADD specification, and assigned their distinguishing lineweights, linestyles and colors. The planimetric files will be divided into sheets as desired by the City, and carefully reviewed by the QC Technicians for correctness, completeness, and aesthetic quality. The files will also be checked for full compliance with the City's CADD specification. QC checks will be performed with digital imagery in the background, and the planimetric data superimposed, making any missing or incorrectly digitized features readily apparent. Checkplots will be produced as a final step in the QC process. The preliminary file sets will be written to CD-ROM disks for delivery to the City, together with a set of checkplots. Upon receiving approval from the City, field crews will be mobilized to perform field edits, cross-sections, supplemental DTM data collection, and any other survey tasks desired by the City. Total station instrumentation and data collectors will be used for this task. Upon completion of the field surveys, the data collectors will be downloaded, the data processed, and integrated into the MicroStation files with the photogrammetrically captured information. Following final QC checks, the completed MicroStation files will be written to CD-ROM disks for delivery to the City, together with a set of hardcopy plots. Orthorectification Zo 25K-22 This task involves orthorectification of the raw digital raster images that were created by scanning the aerial negatives. A number of image processing techniques are used to maximize the quality of the deliverable images. The unrectified raster images will be georeferenced to the DTM's using the field control, analytical aerotriangulation and aerial camera data. The digital orthophotography will be created by draping the unrectified raster images over their corresponding digital terrain models. All relief displacement will be removed from the raw image files at ground level on a pixel-by-pixel basis, yielding a set of orthorectified digital photo images. Mosaicking will be performed to ensure a perfect edge match between all orthophoto sheet tiles. Creation of seam lines is performed interactively to ensure that no image flaws result from seam lines passing through tall structures. Radiometric adjustment will be performed to balance and match color tones, brightness and contrast of the imagery over the whole project. Histograms will be applied on a project basis and not just to adjacent tiles, ensuring uniformity of tone over the entire 51 50 E. Hunter Ave. 9 Anaheim, CA 92807 (71 4) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1641 Johnson-Frank & Associates, Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana image database. Image editing software will be used to repair any minor flaws on the imagery. The imagery will be tiled into sheets as desired by the City. The digital orthophoto software will be instructed to output a .COT file for each orthophoto tile. The completed image data set will be written to CD-ROM disks for delivery to the City. Images will be delivered in the format selected by the City, including .ecw files if requested. Ground /Field Topographic Suweys This task involves the survey and data collection of any features to be picked up by crews in the field. Prior to submitting a cost estimate, we always thoroughly review the survey request as well as the site at hand, both from on-site visits as well as through aerial and satellite imagery readily available through Google Earth. Our project manager will attend pre-project meetings with the City's staff or other City consultants as may be needed. We will adhere to the City control system, if any, and provide control deliverables in digital format. We will adhere to the City's line and symbology requirements as they may pertain to CAD files. This is an issue with which we are very familiar. Working with local municipalities, Counties, and US Governmental agencies, we are familiar with translating into anyone's CAD standards seamlessly. All of our topographic work products are produced, and will be delivered in Microstation (or AutoCAD if requested). In addition, we will submit ASCII coordinate files along 21 25K-23 with said DGNIDWG file. Again, we understand that public relations can sometimes be everything, and we will maintain good public relations throughout the project. We will perform any additional surveying requested by the City, including the preparation and filing of Corner Records andlor Record of Surveys as required by law. Legal Descriptions Provide legal descriptions in conformance with State law if requested. For more than three decades, our staff have been preparing and reviewing legal descriptions for municipalities, counties, the State of California, and the Federal Government. We have written legal descriptions that describe enormous military installations as well as simple easement strips. 51 50 E. Hunter Ave. 10 Anaheim, CA 92807 (71 4) 777-8877 alanfrank@johnson-frank.com FAX: (714) 777-1 641 Johnson-Frank & Associates. Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana Staffing Our f irm consists of a total of twenty professional and technical personnel, which provides sufficient staff to perform nearly any project that may arise within schedule. Johnson-Frank & Associates, Inc. maintains a highly professional staff. We are proud of the fact that 8 of our 20 staff are registered to practice land surveying in the State of California. In addition, with our highly experience staff and extensive equipment list, we can field up to 6 crews on very short notice at any time. Below is a summary of the experience, training, anal skills of our professional staff that will be assigned to the proposed contract. Alan D. Frank, PLS 7172: Overall Project Manager And Contract Administrator o Licensed in California since 1995 0 17 years of experience o Bachelor of Science degree in Surveying Engineering from California State University, Fresno o Masters degree in Business Administration from California State University, Fullerton Roger A. Frank, PLS 4215: Quality Control Supervisor o Licensed in California since 1975 0 42 years of experience in public and private sectors o Licensed in 6 additional states Ray Rivera, PLS 8324: Assistant Project Manager 7 Project Surveyor o Licensed in California in 2007 0 28 years of surveying experience 22 25K-24 Chuck Krepp, PLS 4224: Project Surveyor o Licensed in California since 1975 0 42 years of surveying experience Chuck Tripi, PLS 7299: Project Surveyor o Licensed in California in 1996 0 17 years of surveying experience Greg Sebourn, PLS 8395: Project Surveyor o Licensed in California in 2007 0 8 years of surveying experience Mark Platt, PLS 6903: Suwey Party Chief o Licensed in California in 1993 0 28 years of surveying experience Mike Ollar, PLS 7577: Survey Party Chief o Licensed in California in 1999 0 27 years of surveying experience 51 50 E. Hunter Ave. 1 1 Anaheim, CA 92807 (71 4) 777-8877 alanfrank@johnson-frank.com FAX: (71 4) 777-1 641 Johnson-Frank & Associates. Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana Key Project Personnel Resumes Principal Project Manager lobson-Frank CA PLS 7172 Licensed in 1995 Alan D. Frank, PLS: Mr. Frank has a Bachelor of Science Degree in Surveying Engineering obtained from the California State University in Fresno and a Masters Degree in Business Administration obtained from the California State University in Fullerton. He has been licensed as a Professional Land Surveyor in the State of California since 1995 and has 17 years of experience in the surveying industry. Surveying Engbxring T TnX~-sm;kr P-ann 23 25K-25 Masters in Business Administration ~alikomia State Universi Fullerton ~~ Mr. Frank is considered an expert in the use of GPS and conventional technology. His expertise includes Geodetic surveying as well as the combining of various technologies to more efficiently complete every day surveying tasks. Over the past ten years, he has directed numerous GPS and Geodetic surveys throughout the United States, including boundary monument recovery surveys, state and county wide photogrammetric control, precise horizontal and vertical control networks, airborne GPS controlled photography, and numerous topographic projects. Mr. Frank has directed numerous governmental agency projects, including, amongst others, projects for the Cities of Anaheim, Santa Ana, and Irvine, the Counties of Orange, Los Angeles, and San Diego, the Metropolitan Water District of Southern California, the San Diego County Water Authority, the Orange County Water District, the U.S. Forest Service and the Los Angeles District, U.S. Army Corps of Engineers. Among these various projects was one of Johnson-Frank's largest single contracts, the US Army Corps of Engineer's Contract No. DACW09-93-C-0026. Mr. Frank assumed management and direction on Modification P00013, of this contract, issued in 1998. Since that time, our performance continued to be exemplary on 4 additional modifications. Our past record with the Corps has been one of having never missed a task or project deadline. Since Mr. Frank assumed control, Johnson-Frank has continued to meet all schedules and has met andlor exceeded Corps standards. This contract consisted of $1,97 1,827 in surveying and mapping services, of which, Mr. Frank was in direct responsible charge of the last $776,327 worth of modifications and additional task orders. In addition, Johnson-Frank was awarded a 3-year 1 $3 million on-call contract with the Corps in May 2002. Mr. Frank continued to maintain Johnson-Frank's reputation with the Corps throughout the duration of that contract and as a result, Johnson-Frank was awarded a 5-year 1 $5 million on-call contract which went into affect in July 2006. During the first quarter of 2003, Mr. Frank supervised and managed the topographic mapping of 170 sites as part of Johnson-Frank's Cross 51 50 E. Hunter Ave. 12 Anaheim, CA 92807 (71 4) 777-8877 ala8nk@johmon-frank.com FAX: (71 4) 777-1 641 City of Santa Ana Connection Prevention Program Contract with the Metropolitan Water 24 25K-26 District of Southern California. This project exemplifies Mr. Frank's management and coordination abilities as the Johnson-Frank Cross Connection Team included a total of five sub-consultants comprised of both small and large businesses. It included as many as Stwo-person field crews per day in the field from Los Angeles to San Diego County and as many as 10 office personnel working full time during the projects approximately 2-month duration. All deliverable were Microstation J and InRoads native files. Again, all deadlines and budgets were met despite increasingly tight schedules as additional sites were added toward the end of the project. ~n cxpenencea ana Proven Successfbl Project Manager Principal 1 Johnson-Fmk CA PLS 4215 Licensed in 1975 From 2004 to 2007, Mr. Frank served as the project manager on the 2004 and 2006 City of Santa Ana Aerial Mapping and Surveying contract. Prior to the 2004 contract, Mr. Frank served as the survey project manager under Stewart GeoTechnologies for the 2002 City of Santa h a Aerial Mapping and Surveying contract. In 2000, Mr. Frank served as project manager on a City of Santa h a On-Call General Surveying services contract. Over the years, Mr. Frank has developed close working relationships with City staff, both in Surveys and in Engineering. References: Mr. Jason Gabriel City of Santa h a (714) 647-5664 Ms. Mindy Ly City of Santa Ana (7 14) 647-5665 Mr. Lee Martin City of Santa h a (714) 647-5030 Mr. Alan Nichols USCE, Los Angeles District (626) 401-4010 Roger A. Frank, PZS= Roger Frank, President and CEO, co-founded the present day corporation of Johnson-Frank & Assoc., Inc., in 1975. His grasp of the future direction of the profession, as well as the impact of rapidly changing technology on the role of the surveyor, was the primary reason for the company to be the first firm of its' size in southern 2s 25K-27 California to embrace Global Positioning Satellite systems in 1988. Mr. Frank's 42 years of experience includes eleven years of training both in the office and in the field at the Orange County Surveyor's Office. A licensed professional surveyor in seven western states, Mr. Frank has expertise in boundary surveys; precise horizontal and vertical control surveys; photograrnrnetric control surveys; aerial 51 50 E. Hunter Ave. 13 _ Anaheim, CA 92807 (71 4) 777-8877 alanfrank@johnson-frank.com FAX: (71 4) 777-1 641 Johnson-Frank & Associates. Inc. On-Call Aerial Mapping & Surveying Services City of Santa Ana mapping control; cadastral retracement; ALTA's; section line retracernent; all elements of Global Positioning Systems surveys, legal descriptions as well as an in-depth knowledge of subdivision map review skills. Mr. Frank's early training was with the Orange County Surveyor's Office in both the field and the office. He developed a keen interest and in-depth experience in geodetic horizontal and vertical surveys while with the Orange County Surveyor's Field & Office Computation section. He also served in the Subdivision Map Checking section for his last six years with the County, the last three of those Mr. Frank served as supervisor of that section. He developed vast boundary and subdivision experience while in this position. He also supervises and trains Johnson-Frank's Subdivision Map Checking section, which currently serves 7 local cities. References: Mr. Rich Schlesinger City Engineer City of Mission Viejo (949) 470-3079 Mr. Mark Carroll City Engineer City of Irvine (949) 724-64 1 0 Equipment List Our equipment inventory is such that we can fully equip six (6) survey crews at all times. The equipment owned and utilized by Johnson-Frank & Associates, Inc. is the latest "state of the art" equipment. The combination of having highly qualified personnel using the best equipment available results in our being able to provide our clients with efficient, economical and quality services. Some of the major items of our equipment include: Twenty (20) Trimble Dual Frequency P Code Global Positioning Satellite Receivers with RTK (Real Time Kinematic), OTF (On The Fly) Data Collection, and Airborne GPS 26 25K-28 capability. (4 full RTK systems, all of which are Real Time Network (RTN) capable) Trimble / Geodimeter Servo Driven, Robotic, and Reflectorless Total Stations Riegl LMS-Z420i Long Range 3d Laser Scanner Leica DNA03 and Wild NA3003 Digital Bar Code Reading levels -1st Order AutoCAD, Microstation, Terramodel, ArcGIS, TDS, Site Survey, StarNet Xerox 8825 large format (42" wide) Color Scanning and Printing System Verizon Wireless cell phone communication, all field chiefs and office project managers & support personnel. Field Laptop Computers 53 50 E. Hunter Ave. 14 Anaheim, CA 92807 (71 4) 777-8877 alanhnk@&hnson-frank.com FAX: (71 4) 777-1 641 .Johnson-Frank & Associates, Inc. On-Call Aerial Mapping & Sunleying Services City of Santa Ana SUBCONSULTANTS We will be employing two sub consultants on this project. This is in order to ensure that, as in the past, we continue to complete all of the City's projects on-time. Again, at Johnson-Frank, we have a reputation for being on-time and within budget. On the 2004 contract, it had been anticipated that multiple photograrnmetric firms would be beneficial. However, it proved difficult to get deliverables that met City of Santa Ana standards from our secondary photogrammetrist. In addition, over the course of that contract, as well as the 2006 contract, it was found that the majority of the work was on the Survey end of the projects. Therefore, we again feel the most beneficial additional resources to add to the team are that of a closely allied survey firm. As such, we are again including Coast Surveying, Inc. on our team to assist with the sometimes overwhelming amount of work the City can generate. In addition to being capable of providing true, constructive assistance on this project, as a certified DBE, the addition of Coast Surveying to the team also enables us to fully meet any DBE participation requirements the City or cooperating agencies may request. On the photogrammetry side, we are continuing with our most trusted and proven photograrnmetric consultant, Geospatial Professional Solutions, Inc. (formerly Stewart GeoTechnologies), also a small business and currently in the process of obtaining their DBEIMBE certification. Geospatial Professional Solutions, Inc. 2~ 25K-29 GEOspatial Professional Solutions Inc. is a small business, minority-owned firm that bought the assets of the old Stewart Geo Technologies Inc. (Irvine). GPSI established its reputation servicing federal, state and local government agencies; public and private utilities; and architectural / engineering /surveying /construction firms. GPSI has the manpower and equipment to accommodate time-critical and technically demanding projects and supports the missions of its clientele with a broad range of geospatial technologies that encompass photogrammetry, remote sensing and geographic information systems. Its project management and production staff cumulatively has a combined experience of 150 years in photogrammetry and include in its roster a licensed Professional Land Surveyor, ASPRS certified photogrammetrists and a URISA certified GIs professional. Our ability to deliver products on time, within specifications and at very competitive rates are the primary reasons why we maintain a high client retention rate, particularly firms with strict and rigorous mapping, CADD, GIs and orthophoto standards and specifications. Coast Surveying, Inc. Coast Surveying, Inc., a California Corporation, was founded in 1981 and has over twenty- seven years of surveying, mapping and right of way engineering experience working for such governmental agencies as: Caltrans -Districts 5, 6, 7, 8, 9, 11 and I2; OCTA; TCA; RCTC; MTA; SCRRA; SBCAG; CPTC; counties of Orange and Los Angeles; and numerous cities throughout the area, including the City of Santa Ana, as well as numerous private engineering companies. Approximately 98% of our work is for public agencies, either directly or as a subconsultant. Coast Surveying, Inc. is a Certified DBE firm. Coast Surveying, Inc. is a financially stable company with 18 employees currently. Corporate principal is Ruel del Castillo, PLS. 51 50 E. Hunter Ave. 15 Anaheim, CA 92807 (71 4) 777-8877 alanfrankajohnson-frank.com FAX: (71 4) 777-1 641 EXHIBIT B FEE SCHEDULE Johnson-Frank & Assoc., IIIC. Za 25K-30 ATTACHMENT "A" ANNUAL AERIAL MAPPING CONTRACT CONSULTANT RATE COMPARISON FORM Consultant shall complete this form and include it along with the comprehensive fee schedule in the sealed fee envelope. This comparison is based upon aerial mapping services required per the requirements described in the RFP for approxir-lately or1 plan sheet approximately 500 LF for a project with a total length of 1 mile. The cost corparison should include all costs necessary to satisfy the requirements stated in the RFP consultant may add more tasks and classifications to better represent actual staff and tasks. This form will be used for fee comparison purposes only. Description of Consultant Test or Services Unit Quantity Unit Cost Total Aerial Photography Flying of Photography LF 500' $.19 $95.00 Photo Lab Technician Hours 100 $55 $5.55 Contact Prints Pril--ts 0.66 $20 $1 3.20 Subtotal $1 13.75 Film Scanning Scan Aerial Negatives Frame .66 $27.5 $1 8.1 5 Subtotal $18.15 Analytical Aerotrian~ulation Analytical Aerotriangulation Hours .35 $75.00 $26.25 Subtotal $26.25 Photogrammetric Data Extraction Planimetric Data Extraction Hours 2.27 $70.00 $1 58.90 Terrain Data Extraction Hours 2.27 $70.00 $1 58.90 Subtotal $31 7.80 Johnson-Frank & Assoc., Inc. ATTACHMENT "A" ANNUAL AERIAL MAPPING CONTRACT CONSULTAhT RATE COMPARISON FORM (Continuation) DTMIContour Processing, QC Editing, Add Field Data, Map Preparation DTMIContour Processing Hours .57 $60.00 $34.20 CADD Operations Hours 1.75 $60.00 $1 05.00 QC Review Hours .57 $60.00 $34.20 Subtotal $1 73.40 Proiect Nlanagement Project Management Hours .285 $1 32.00 $37.62 Subtotal $37.62 Administrative Secretarial Hours 0.1 5 $40.00 $6.00 Subtotal $6.00 Subtotal for Photogrammetric Tasks: $692.97 Land Surveying Services Aerial Cor~trol 29 25K-31 Licensed Land Surveyor Hours .83 $1 52.00 $126.16 1 Man Survey Crew Hours .89 $1 40.00 $1 24.60 Subtotal $250.76 Licensed Land Surveyor Hours .46 $1 52.00 $69.92 2 Man Survey Crew Hours 4.47 $231 .00 $1,032.57 Senior Survey Technician Hours 2.94 $1 12.50 $330.75 Subtotal $1,433.24 Johnson-Frank & Associates, Inc. Professional Consulting Senlices Schedule of Current Hourly Rates for Services Performed by our Company Effective October 1, 2007 through September 30, 2008 Licensed Surveyor` $152.00 Senior Technician $112.50 TechnicianlCAD Operator $102.00 One Person Survey Party wlequipment $140.00 Two Person Survey Party wlequipment $231 .00 Three Person Survey Party wlequipment $308.00 Per Diem Rate Per Department of Defense Per diem rate listings (www.dtic.millperdiemlpdrates.html) Prints, research material 81 other incidental supplies Cost ~' 10% 3D Laser Scanner $1,250.001day Dual Frequency GPS Equipment - 2 Units $2001 day 3 Units $300/day 4 Units $400/day Survey Vehicle Mileage $0.601mi1e The above rates shall be charged portal to portal (time spent on job site plus travel time) excluding lunch breaks. '' Rates for Principal or Licensed Surveyor, acting as Expert Witness shall be $250.00 per hour, which shall include travel time to and from depositionltrial location as well as any wait time at depositionltrial location. A minimum charge of $1000.00 (4 hours) will be charged for each day an appearance for deposition or trial is required. Time 81 effort in preparation for appearance at deposition or trial will be billable at the normal rates listed. Overtime shall be charged at 1.35 times the regular rate except for Sundays andlor holidays. Rates for Sunday shall be 1.75 times the regular rate and for holidays it shall be 2.5 times the regular rates. Daily overtime billing for field survey work during Monday through Friday does not commence until 8 hours of on-site work has been completed. (Travel time is not charged at overtime rates.) 5150 E. Hunter Ave. Anaheim, CA 92807 (71 4) 777-8877 FAX: (71 4) 777-1 641 15031 PARKWAY LOOP. SUITE B, TUSTIN. CA 92780-6527 (714) 918-6266 FAX (714) 918-6277 January 1,2008 to December 31,2008 SCHEDULE OF CURRENT HOURLY RATES FOR SERVICES PERFORMED BY OUR COMPANY Project Management Project Surveyor Survey Technician Clerical and Delivery Service 2 Person Survey Party w1 Equipment 3 Person Survey Party w1 Equipment 30 25K-32 GPS Receivers (minimum of three) - $1 00.00/day/receiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. AT COST GEOSPATIAL PROFESSIONAL SOLUTIONS INC. 17817 Martha Place CERRITOS, CALIFORNIA 90703-8737 Telephone: (949) 459-3050 FAX: (562) 404-9653 HOURLY FEE SCHEDULE Land Surveyor A. Licensed Land Surveyor -For control research, planning, computation or consultation Aerial Photography Services A. Flight Crew Mobilization, 100 mile radius Black & White Color B. Flight Time -includes pilot, cameraman, single-engine aircraft, and precision camera C. High altitude, multi-engine, air traffic control, restricted areas and Airborne GPS surveys Quoted on Request D. Exposure Charge -includes film processing, checking, editing, preparation of one set of contact prints for delivery and one set for map production, trimming, sorting, stamping and shipping Black & White Color 1. First Exposure $ 50.00 $ 100.00 2. 2 through 10 $ 40.00 $ 80.00 3. 11 through25 $ 25.00 $ 50.00 4. 26 through 100 $ 20.00 $ 40.00 S. Spot Shots $ 80.00 $ 100.00 E. Precision Photogrammetric Scanning Black & White Color $50 initial setup fee +20.00/frame $75 initial setup fee +30.00/frame GEOSPATIAL PROFESSIONAL SOLUTIONS INC. HOURLY FEE SCHEDULE Page 2 Photo Lab Services A. Photo Lab Supervision B. Photo Lab Technician with equipment: LogEtronic contact printer; Durst enlarger; Acti copy carnerdenlarger; DuPont automated processor or photo mosaic compilation C. Photo Lab Technician without equipment photo index map preparation, opaquing, blending, retouching and blueline 31 25K-33 reproduction D. Photographic Materials -at cost plus 20% handling fee Photogrammetric Services A. Certified Photogrammetrist -ASPRS, for project planning, layout and supervision B. Analytical Aerotriangulation 1. Photogrammetric technician with softcopy workstation using ORIMA software C. Stereo Plotting 1. Photogrammetric plotter technician with digital photogrammetric workstation D. Photogrammetric Production Supervision Digital Imagery Services A. Digital Imagery Supervision B. Photogrammetric technician with digital photogrammetric workstation and SOCET SET software CADD Services A. CAD Supervision B. CAD workstation with operator C. CAD Editing D. Materials - at cost plus 20% handling fee GEOSPATIAL PROFESSIONAL SOLUTIONS INC. HOURLY FEE SCHEDULE Page 3 Miscellaneous A. Principal's time for consultation or legal testimony B. Principal's time for project related work C. Photogrammetric Project Manager D. Clerical E. Mileage F. Courier Delivery Charges (under 75 miles) Round Trip Orange County Los Angeles County Riverside County San Bernardino County Over 75 Miles G. Special Shipping - at cost plus 20% handling fee As Quoted H. Sales tax will be added to invoices for delivery of aerial photography or photographic materials, in accordance with the state sales tax regulations. 32 25K-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: LEASE AGREEMENT WITH OMNIPOINT COMMUNICATIONS INC. FOR CELLULAR ANTENNA AT FIRE STATION NO. 5 ~J/ L~ ~?~ / CITY MANAGER RECOMMENDED CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached lease agreement with Omnipoint Communications Inc. to allow for the location of a cellular antenna at Fire Station No. 5, for a rental fee of $27,300 per year, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Receive and file Categorical Exemption for Environmental Review No. 2007-207 for Fire Station No. 5. DISCUSSION Omnipoint Communications Inc., a subsidiary of T-Mobile USA Inc., proposes to locate a cellular antenna at Fire Station No. 5 (120 W. Walnut) as conditioned by Site Plan Review 2007-79. The lease agreement is for 450 square feet of lease area to build a slim-line monopole. Omnipoint will pay $27,300 annually for this lease. In addition, Omnipoint will provide a one-time, non-recurring, non-refundable payment equal to $10,000. The ATS consultant agreement previously approved by City Council requires the lease payment to be shared eighty percent ($21,840/annual) to the City and twenty percent ($5,460/annual) to ATS Communications. The term of the lease agreement will be for 10 years, with three 5-year renewal options. The agreement also includes a four percent lease rate increase per year for the term of the lease. The Fire Department has reviewed and approved this lease agreement. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption 25L-1 Lease Agreement with Omnipoint for Fire Station No. 5 May 5, 2008 Page 2 Environmental Review No. 2007-207 (Fire Station No. 5) will be filed for this project. FISCAL IMPACT Funds from this agreement will be deposited in Fire Facility Fund Improvement Fee Account No. (120-01-5161) for Fire Station No. 5 improvements. APPROVED AS TO FUNDS AND ACCOUNTS: Marc E. Martin Francisco Gutierrez ~~~ Fire Chief Executive Director Finance & Management Services Agency ~ ~ ~~~ Ste en G. "rding Deputy Cit Manager for Development Services Community Development Agency SGH/VU/mlr H:\ACTION ITEMS\COUNCIL\2008CC\030308 LeaseAgree Fire Station 5 Cell Site.doc 25L-2 LAND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS INC. for Fire Station No. 5 This Agreement, made this day of , 2008, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter designated "LESSOR" and Omnipoint Communications Inc., a subsidiary of T-Mobile USA, Inc., a Delaware corporation hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Fire Station No. 5 (the entirety of LESSOR'S property is referred to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 120 West Walnut, Santa Ana CA, 92701, and being described as a fifteen foot (IS') by thirty foot (30') space on the ground containing four hundred fifty (450) square feet, for LESSEE'S radio equipment cabinets ,and space required for cable runs to connect LESSEE'S equipment and antennas, together with the non-exclusive right for ingress and egress from and to the nearest public right-of--way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or within the building to the demised premises, said demised premises and access and utilities paths (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be borne by LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of twenty seven thousand three hundred dollars ($27,300.00) to be paid in equal monthly installments of two thousand three hundred dollars ($2,300.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence on the first day of the month following the issuance of the building permit for LESSEE'S Facilities (as defined below), or the first day of the month that is six (6) months after the full execution of this agreement or the first day of the month following the date LESSEE commences installation of LESSEE'S Facilities on the Premises, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then-current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. 5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of four percent (4%) per year, to be increased on each anniversary of the Commencement Date. 6. INITIAL PAYMENT. LESSEE hereby agrees to pay to LESSOR cone-time, non-recurring, non- refundable payment equal to ten thousand dollars ($10,000.00), within thirty (30) days after the Commencement Date. Notwithstanding the above, Lessor shall refund Lessee the initial $10,000 payment in the event Lessee is unable, due to the sole fault and unreasonable delay of Lessor, to obtain all Approvals necessary to construct Lessee's facilities, within 6 months after the full execution of this agreement. 7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five-year (5) terms (each a "Renewal Term"). Each Renewal Term shall be on the terms and conditions as set forth herein as follows: Site #: LA02899C Site Name: SC4g0 Fire Station Market: California 25L-3 (i) six months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines that LESSEE'S continued tenancy is not in conformity with LESSOR's intended use of the Property, LESSOR shall provide written notice to LESSEE that the Lease will not be extended. (ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If LESSEE determines that it desires to extend the term LESSEE shall provide written notice six (6) months prior to the end of the then current term,; Within sixty (60) days of receipt of LESSEE'S notice, LESSOR shall determine whether such extension is in LESSOR'S best interest and, if not in LESSOR'S interest, LESSOR shall deny such extension request. If Lessor does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal Term. If neither party provides notice as set forth above, the lease shall continue on a month-to-month basis. 8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE'S ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE'S use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE'S Facilities (defined below) and for the purpose of preparing for the construction of LESSEE'S Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE'S exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR'S approval of LESSEE'S work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the Fire Chief or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (I S) working days of LESSOR'S receipt of LESSEE'S work plans. If LESSEE does not receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE'S plans. 10. USE. LESSEE may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ("LESSEE'S Facilities"). All improvements shall be at LESSEE'S sole expense and the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE'S Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE'S Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE'S Facilities, with notice to LESSOR, so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval Site #: LA02899C Site Name: SC4~0 Fire Station Market California 25L-4 of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to the fire station including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. LESSEE'S Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE'S employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE'S Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LESSEE'S Facilities, such maintenance must be completed by LESSEE within thirty (30) days. 1 1. INDEMN[FICATION. A. LESSEE'S Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ("Claims") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. 12. INSURANCE. A. [n accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary. B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self-insurance programs maintained by LESSOR, except claims resulting from LESSOR'S negligence or misconduct; (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out of LESSEE'S operations hereunder. LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages Site #_ LA02899C 3 Si[e Name: SC4~0 Fire Station Marker California 25L-5 required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. [NTERFERENCE. LESSEE'S Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ("Pre-Existing Communications"), or public safety communication operations, as may be upgraded periodically, and LESSEE'S Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE'S use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE'S written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE'S consent may be withheld if interference with LESSEE'S transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE'S frequencies or otherwise. The Fire Chief shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. In the event of any interference with LESSOR'S public safety communications operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE cease operating LESSEE'S Facilities (except for intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. If LESSEE'S Facilities interfere with LESSOR'S public safety communications operations during an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE'S Facilities and if LESSEE fails to do so, LESSOR has the right to shutdown the electricity supply to LESSEE'S Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with LESSOR'S public safety communications operations caused by LESSEE'S Facilities. 14. REMOVAL UPON TERMINAT[ON. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE'S fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE'S sole expense, reasonable wear and tear, and casualty excepted. Underground conduits and foundations may remain at LESSOR'S option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR'S option in its as-is condition. 15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE'S interest in the Property upon the expiration or termination of this Agreement. 16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE'S rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right-of--way herein granted shall be under and subject to the right of LESSEE in and to such right-of--way. LESSOR shall obtain for the benefit of LESSEE a reasonable non-disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE'S right to quiet possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. Site#~ LA02899C Site Name: SC450 Fire Station Market: California 25L-6 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LESSEE's Facilities. 18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR'S title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 20. MISCELLANEOUS LESSEE RESPONSIBILITIES. A. Maximum Permissible Exposure -LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues directly applicable to its operation of LESSEE'S Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE'S indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LESSEE'S Facilities on the Premises. B. LESSEE shall maintain LESSEE'S Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE'S Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage caused by LESSOR. This time period may be extended with written authorization from the Fire Chief. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR'S real property taxes or assessments directly attributable to installation of LESSEE'S equipment or LESSEE'S use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE'S share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) day period. LESSEE has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE'S Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. 21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subject Site #: LA02899C 5 Site Name: SC450 Fire Station Market: California 25L-7 to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE'S communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24-hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LESSEE, if available at the Premises. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. ASSIGNMENT AND CO-LOCATION. a. LESSEE will not assign or transfer this Agreement without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to assign its rights under this Agreement, to any of LESSEE'S (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE'S FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE'S network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE'S property. b. LESSEE acknowledges and agrees that the City policy is to provide for co-location on communication tower facilities and will reasonably facilitate any co-location subject to the conditions outlined in Paragraph 13 (INTERFERENCE). LESSEE further agrees that LESSOR shall retain ownership of any further lease rights with respect to space for additional communication facilities on the Property. Further, LESSEE shall enter into a TOWER LEASE AGREEMENT, subject to all permits and approvals from all governmental agencies having jurisdiction thereover, with a future tower co-location user, subject to LESSOR receiving fifty percent (50%) of the tower rent received by LESSEE. LESSEE shall provide for LESSOR'S consent on any TOWER LEASE AGREEMENT and copies of the executed agreement. The Party's intent in allowing LESSEE to collect rent is to provide a means by which LESSEE can recoup its cost of construction and maintenance of said tower facilities on a pro-rata basis with subsequent users. The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future tower co-location agreement. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Santa Ana Fire Chief Santa Ana City Fire Department 1439 South Broadway Santa Ana, CA 92707 Site ~/: LA02R99C Site Name: SC450 Fire Station Market California 25L-8 Courtesy City of Santa Ana -Office of the City Attorney Copies to 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 and ATS Communications 22651 Lambert Street, Suite 101 A Lake Forest, California 92630 Attn: Tony Ingegneri LESSEE: T-Mobile USA, Inc. 12920 SE 38`h Street Bellevue, WA 98006 Attn: PCS Lease Administrator W ith a copy to: Attn: Legal Dept. Copy to: OMNIPOINT COMMUNICATIONS INC., a subsidiary of T-Mobile USA, Inc. (Site #: LA02899C) 3 Imperial Promenade, Suite l 100 Santa Ana, CA 92707 Attn: Lease Administration Manager Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto. 28. RELOCATION RIGHT. A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to relocate LESSEE'S Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LESSOR'S cost and expense which shall be limited to reasonable expenses of moving and re-installing the tower structure and accompanying equipment, including the cost of City permits and fees which LESSOR may legally pay, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE'S Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSOR, to operate and maintain LESSEE's Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice") to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE'S Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR'S proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to disapprove of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have approved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE'S Facilities to the Relocation Site. Upon relocation of LESSEE'S Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE'S Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. Site #: LA02899C 7 Site Name: SC4~0 Fire Station Market: California 25L-9 C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment, based on a ten-year lease period. 29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting parry has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 30. ENVIRONMENTAL. A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations. B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR'S sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE'S operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not Site #: LA02899C Site Name: SC450 Fire Station Market: California 25L-10 for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. if any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE'S rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. POWERING DOWN DURING MAINTENANCE /REPAIR. LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE'S operations that LESSEE'S use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non- appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE'S use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE. B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE'S Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or Site #l: LA02899C q Site Name: SC450 Fire Station Market: California 25L-11 (iii)for any reason or no reason after the first ten (10) years, only with twelve (12) months' written notice to LESSOR, or (iv) upon six (6) months written notice to LESSOR that the Property or LESSEE's Facilities are, or have become, unacceptable under LESSEE'S design or engineering specifications for LESSEE'S Facilities or the communications system to which LESSEE'S Facilities belong, or (v) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (v) above as the result of LESSOR'S default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. 40. MISCELLANEOUS PROVISIONS. A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. LESSOR shall not have unsupervised access to LESSEE'S equipment and LESSEE'S Facilities, except in cases of exigent circumstances or emergency situations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LAURASHEEDY Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager LESSEE: OMNIPOINT COMMUNICATIONS INC., a subsidiary of T-Mobile USA, Inc., a Delaware corporation By: Printed Name: Its: Date: David Gallacher Vice President Site#: LA02899C ~p Site Name: SC450 Fire Station Market California 25L-12 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 398-284-O1, -02 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: LOTS 2,3,6 and 7 in block 8 of "Palmer's addition to the town of Santa Ana, as shown on a map recorded in Book 34, Page 87 of Miscellaneous Records of Los Angeles County, California. End of Legal Description LESSOR INITIALS: LESSEE [NITIALS: Site #: LA02899C I I Site Name: SC450 Fire Station Marker California 25L-13 EXHIBIT B LEGAL DESCRIPTION OF THE PREMISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE'S Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE'S intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit "B", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement. See the attached drawings dated 2/21/06 identified as Site Name SC450 Fire Station, Sheets T-1, T-2, C-1, C-2, A-I, A-2, A-3, S-1, S-2, S-3, E-1, E-2, E-3, E-4, E-5, and ANT-1 along with Site Surveys: LS-I and LS-2 dated 10/I I/O5. LESSOR INITIALS: LESSEE INITIALS: Site #_ LA02899C 12 Site Name: SC450 Fire S[ation Market California 25L-14 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Site #_ L,A02899C 13 Site Name: SC450 Fire Station Market- California Authorized Representative 25L-15 EXHIBIT D PROPERTY SPECIFIC ACCESS RULES/REGULATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE's Facilities. 3. LESSEE's access to the used for a public event, and the four (4 obey any procedures set by LESSOR checking in on-site, parking, gates, etc. Premises shall be limited when the Premises is being )hours before and after any such event. LESSEE will regarding notification before visiting the Premises, Site #: LA02899C Site Name: SC450 Fire Station Market: California I4 25L-16 EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: 1. Bill Watson 2. Jim Costello Address: 1439 South Broadway, M-80; Santa Ana, CA 92707 Daytime Phone No.: Bill: (714) 647-5741 Jim: (714)-647-5719 Facsimile No.: (714) 24-Hour Contact BiIL• Cell (714) No.: Jim: Cell (714) Dispatch Center: N/A 3. ATS Communications Tony Ingegneri 22651 Lambert Street, Suite 101 A Lake Forest, CA 92630 Phone: Facsimile: LESSEE'S TECHNICAL CONTACTS: Name: 1. Robert Norton 2. Luis Gonzales Address: 3 Imperial Promenade, Ste Daytime Phone No.: (714) 850-2403 Facsimile No.: (714) 850-6620 24-Hour Contact N.O.C. (888) 662-4662 No.. Dispatch Center: N.O.C. (888) 662-4662 Site #_ LA02899C ~ j Site Name: SC450 Fire Station Market California 1 100, Santa Ana, CA 92707 25L-17 EXHIBIT F MEMORANDUM OF LAND LEASE AGREEMENT TH[S MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of , 2007 by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Lessor") and Omnipoint Communications Inc., a subsidiary of T-Mobile USA, Inc., a Delaware corporation ("Lessee"). W[TNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as 120 W. Walnut, Santa Ana, CA, 92701, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor , 2007, and incorporated herein by reference (the "Agreement") for an initial term often (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non- exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. [N WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSOR: City of Santa Ana By: Title: Address [FORM DOCUMENT, PLEASE IN[TIAL ONLY -NOT FOR EXECUTION] Owner Initials Lessee Initials Si[e# LA02899C ~~ Site Name: SC450 Fire Station Market California 25L-18 Site # LA02899C Site Name: SC450 Fire Station Market California 25L-19 25L-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AMENDMENT TO AGREEMENT WITH ALTERNET NETWORKS ,l~`~ ~ , C Y MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and the attached amendment to the agreement to provide additional services for $90,000, subject to non-substantive and City Manager. Clerk of the Council to execute the with Alternet Networks, Inc. by $45,000 a total aggregate amount not to exceed changes approved by the City Manager DISCUSSION On November 5, 2007, Council approved an agreement with Alternet Networks, Inc. to provide consulting services to engineer, design, and develop specifications for a surveillance system. Alternet Networks, Inc. also provided project management services to ensure that the surveillance system includes all required hardware, software, and integration with all existing systems in the Police Department. Due to engineering and design changes requested by the City, Alternet Networks, Inc. has provided services at an unanticipated level. In order to complete the project, this amendment is needed to cover the costs for additional services provided by the consultant. FISCAL IMPACT Funds are available in the FY 2006 UASI Grant fund (account no. 125-334- 6291-33405). APPROVED AS TO FUNDS AND ACCOUNTS: ~~ ~'~`'" " _ Paul M. Walters Chief of Police Police Department .~ Francisco Gutierrez ~~ Executive Director Finance & Mgmt. Services Agency 25M-1 y FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on May 5, 2008, by and between Alternet Networks, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement # A-2007-241, dated September 7, 2007, (hereinafter "said Agreement") by which Consultant has provided design, engineering and development of specifications of a Next Generation Surveillance System. B. Due to engineering and design changes requested by City, Consultant has provided service at an unanticipated level. In order to complete the project, the Parties wish to authorize additional funding for additional services provided by Consultant. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services and increase compensation to pay for those services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended by replacing the Project Milestone schedule included in Consultant's Proposal, with the following Milestone schedule for the remaining services to be completed by Consultant: Project Milestones: Completion Date: 4 weeks after Amendment Completion Date: 8 weeks after Amendment Completion Date: 12 weeks after Amendment Completion Date: 22 weeks after Amendment Completion Date: 15 weeks after Contract Award Completion Date: 16 weeks after Contract Award Completion Date: 13 weeks after Contract Award Completion Date: 20 weeks after Contract Award 1) RFP Finalization 2) RFP Appropriations 3) RFP Bid 4) RFP Closeout 5) Product Receiving 6) Product Tagging 7) Project Installation -Management 8) Project Testing -Management -Test Master Test Plan Factory Acceptance Test Plan Factory Acceptance Test Report Site Test Plan 25M-2 Site Test Report 9) Project Final Acceptance Completion Date: 22 weeks after Contract Award -Software Software User's Operation Manual Version Description Documents -Operations Operations, Maintenance & Troubleshooting Guide 10) Additional Training Completion Date: 27 weeks after Contract Award Estimated hourly breakdown of deliverables for Santa Ana Police Department Homeland Security Surveillance System Statement of Work. Deliverables• Hours• Hardware Networking Equipment and Computer Equipment 100 Cameras 100 Asset Management Networking/Computer and Other Equipment 100 Cameras 50 Software Video Recording 100 Integration and Additional Training 200 Total Hours: 500 2. Section 3., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $85.00. The total sum to be expended under this Agreement shall not exceed $90,000.00 during the term of this agreement." b. Payment by City shall be made within thirty (30) days following receipt of proper invoice, submitted on a monthly basis, evidencing completion of each milestone, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Payments shall be sent to: Alternet Networks 2069 Monrovia St. Costa Mesa, CA 92627" 25M-3 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ALTERNET NETWORKS, INC. MATTHEW ETESHAM President/CEO 25M-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AGREEMENT WITH WESTERN MEDICAL CENTER FOR MEDICAL SUPPLIES AND PHARMACEUTICALS ~ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an amended agreement with Santa Ana Western Medical Center for medical supplies and pharmaceuticals, in an amount not to exceed $40,000 annually. DISCUSSION In March 2007, City Council authorized entering into an agreement, with options to renew, with Western Medical Center for medical supplies. Santa Ana Western Medical Center is the Santa Ana Fire Department's paramedic units "base hospital" and as such, they carry the exact items required by Orange County Emergency Medical Services for paramedic units. This allows for the immediate restocking of pharmaceuticals and medical supplies used when responding to medical emergencies. Santa Ana Western Medical Center and pharmacy operates 24 hours per day, seven days a week, and has provided excellent service to the Santa Ana Fire Department for over twenty years. Based on our past business relationship the Fire Department is recommending amending this agreement for a second year. FISCAL IMPACT Funds are available in the Fire Department's Fire Suppression, Other Material and Supplies account (account no. Olt-323-6391), in the amount of $40,000. ~`~~ Marc Martin Fire Chief Fire Department 25N-1 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency -~. l~ld0.: FIRST A:11ENDiVIENT TCl PROVIDER AGR:I~ENIF.N"I' THIS FIRST A.MENDME~T TO AGREEMENT, is entered into on February 28, 20{)8, b}r and between WMC-SA, Inc., a California corporation DBA Western Medical Center Santa Ana {hereinater "Provider"), and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: t2. The parties entered into the certain Agreement #A-2005-2t51-Ol, dated February 5, 2007, {hereinafter "said Agreement") by which. Provider has provided the Santa Ana Fire Department medical pharmaceuticals to restock paramedic vans as needed. Si. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one-year period and amend the price list far purchas of the pharmaceuticals. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First .Amendment to Agreement, the parties agree as follows: Section 2, COIUIPENSATION, shall be deleted. in its entirety and replaced with the following: ~oQ~ "a. City agrees tv pay, and Provider agrees to accept as total payment for its services from December 1, 2007 through January- 31, 2008, the rates and charges identi tied in Exhibit. A to said Agreement. Frain February 1, 2008 through. November 3 t, 21)08, City will purchase pharmaceuticals at the prices listed on Exhibit A-l, attached hereto and incorporated by this reference. The total sum to be expended under this Agreernertt shall not exceed S4{),O{)0.0{), annually, during the term of this Agreement. ?. Section 3, TERI'~1, shall be amended to extend the termination date to November 31, 2{}08. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in frill force and effect. ;~ 25N-2 `-.r. Jp Santa Ana Fire Department 1439 South Broadway Street Santa Ana, CA 92707 (714) 647-5700 Pricing from Western Medical Center Santa Ana Pharmacy Fehn~ary 1, 2008 Item 1lescription OLD AWP AWP 200$ Increase or decrease NEW AWP ~- 10% Adenosine 6 mg 2 mL 24.51 40.94 T 45. D3 Albuterol 3 mL (2.S mg) (Pillow) 1.21 1.21 no change 1.33 Atropine Amp 1 mg I 1 mi, 0.85 2.01 T 2.21 Atropine Syringe 1 mg 10 mL (PrefiIled) 3.73 3.90 T 4.29 Bacitracin Zinc Oint 1/32 oz 0.14 0.14 no change D.15 Chemstrip Blood Sugar Bottle 25 /battle 51.19 56.25 T 61.88 Dextrose 50% Syringe, SO mL 25 gtn 5.03 5.03 no change 5.53 Diphenhydramine Syringe SO rng / mL (prefilled) } 4.33 4.35 T 4.79 Dopamine 400 mg / 5 mL vial 0.88 4.10 ~+ 4.51 Epinephrine Amp 1-1000 1.25 1.30 T 1.43 Epinephrine Syringe 1-10,000 short (prefilled) 2.64 2.86 T 3.1.5 :Epinephrine Viat 1-1.000 (1 mg / mL}) 30 mil 9.00 5.63 ~ 6.19 Glucagon Amp 1 rng ! 1 ml., (via() $7.50 87.50 no change 46.25 Glucose Solution IO oz / 104 gm 1.03 2.54 T 2.79 Lidacaine Syringe 100 rng / S mL (prefilled) 3.98 3.13 ~ 3.44 Narcan Amp 2 mg 12 mL (prefilled} 15.00 15.00 no change 16..SD Narcan Vial 0.4 mg mL (10 vial)) 3.SS 19.69 T 21.66 Nitroglycerine Spray gr 1/150 G9.48 97.40 T ID7.14 Normal Saline Vial lU mL (vial) 0.39 0.41 ~+ D.4S Sodium Bicarbonate 44.6 rnE / 50 mL 0.79 0.85 T D94 ~, '• 25N-3 25N-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AGREEMENT WITH TRES ESTRELLAS DE ORO MANAG R CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and attached license agreement wit $6,612.50 per month for counter Regional Transportation Center September 30, 2009, subject to City Manager and City Attorney. Clerk of the Council to execute the h Tres Estrellas de Oro for a fee of space and one bus bay at the Santa Ana for the term of May 1, 2008, through non-substantive changes approved by the DISCUSSION On April 30, 2008, the license agreement with Tres Estrellas de Oro for ticket counter space and one bus bay at the Santa Ana Regional Transportation Center expired. The original term of the agreement was for three years with two additional one-year renewal terms, all of which have been exhausted. As the regional transportation hub for Orange County, the Santa Ana Regional Transportation Center strives to provide quality transportation options to the destinations that best serve the clientele. While ridership continues to increase, so does the demand for space for local commuter bus terminals. Opportunities to expand or develop the most vital services at the Santa Ana Regional Transportation Center will be considered along with the plan to include the Santa Ana Regional Transportation Center as the centerpiece of the Transit Village on Santa Ana Boulevard and the proposed Go Local Program. As the City evaluates how best to accomplish station needs and improvements, it is recommended that the attached license agreement with Tres Estrellas de Oro be approved for a 16-month period, with a monthly payment of $6,612.50 to the City. This will allow adequate time for the 250-1 Agreement with Tres Estrellas de Oro May 5, 2008 Page 2 City to further evaluate the long range plans for the Santa Ana Regional Transportation Center. FISCAL IMPACT Under the terms of the proposed license agreement, the City will receive a minimum of $105,800 for the term of the lease. Funds will be deposited into the Regional Transportation Center Revenue account (account no. 067- 01-5486). APPROVED AS TO FUNDS AND ACCOUNTS: ~ ~~ Lj~tephen Harding Deputy City Manager for Development Services Community Development Agency ~ ~ ~ ~Oz~'rancisco Gutierrez Executive Director Finance & Management Services Agency SGH/NTE/TE/mlr 050508 AgreeTresEstrellasdeOro 250-2 DO NOT RECORD SITE LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TRES ESTRELLAS DE ORO THIS REVOCABLE NON-EXCLUSIVE LICENSE AGREEMENT ("Agreement") is made and entered into this day of , 2008, by and between the City of Santa Ana, a charter city and municipal corporation, duly organized and exiting under the constitution and laws of the State of California, herein referred to as "Licensor", and Tres Estrellas de Oro, U.S.A., LLC, herein referred to as "Licensee". RECITALS: A. The City of Santa Ana desires to provide passenger bus transportation services at The Depot at Santa Ana, and desires to contract for such services with Licensee. B. Licensee represents that it is qualified to provide such services to City. In undertaking the performance of this Agreement, Licensee represents that it is knowledgeable in its field and that any service performed under this Agreement will be performed in compliance with all required standards of Interstate Commerce Commission and United States Department of Transportation and include all City, County, and State licenses. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties hereto agree as follows: ARTICLE 1-TERM OF LICENSE Section 1.01 License Area and Use (a) Licensor owns the real property described in Exhibit "A" attached hereto and made a part hereof (the "Property"), commonly know as The Depot at Santa Ana located at 1000 East Santa Ana Boulevard, Santa Ana, California. Licensor grants to Licensee the privilege of a personal, non- exclusive, revocable license ("License") to encroach upon the "License Area", which shall consist of Bus Bay #9 and Suite 109, as herein described and shown in general in Exhibit "B", attached hereto and incorporated herein by reference, for the purpose of accommodating a bus transportation company and for no other purpose. (b) The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Property in its entirety for public 250-3 DO NOT RECORD purposes to which it presently is and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use the License Area and to exercise this License at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Property by Licensor. (c) Licensee hereby acknowledges that title to the Property is vested in Licensor and agrees never to assail or resist the same, and further agrees that Licensee's use and occupancy of License Area shall be referable solely to the permission herein given. (d) As a covenant to this Agreement, Licensee shall adhere to and comply with all responsibilities enumerated in the Rider, attached hereto and incorporated herein as Exhibit C. Section 1.02 Term This Agreement will terminate on September 30, 2009, unless terminated earlier pursuant to Article 5. Section 1.03 Compensation/Consideration Upon the Commencement Date, Licensee shall pay to Licensor monthly compensation in the amount of $6,612.50 per month ("Compensation") for use of the License Area. Compensation will be due upon execution of this Agreement and thereafter on or before the 10th of each month, payable to "The City of Santa Ana" and remitted to: The Depot at Santa Ana, 1000 East Santa Ana Blvd., Suite 108, Santa Ana, CA 92701. A late charge often percent (10%) shall be applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 ''/z%) interest per month shall be added for each month that payment hereunder is due but unpaid. Section 1.04 RESERVED Section 1.05 Non-Possessory Interest Licensor retains full possession of the License Area and Licensee will not acquire any interest temporary, permanent, irrevocable, possessory or otherwise by reason of this Agreement, or by the exercise of the permission given herein. Licensee will make no claim to any such interest. Any violation of this provision will immediately void and terminate this Agreement. Section 1.06 Non-Recording Neither party shall record this Agreement. 250-4 DO NOT RECORD ARTICLE 2 -TAXES AND UTILITIES Section 2.01 Taxes Licensee is responsible for all taxes on the Property, which includes the License Area. Section 2.02 Utilities Licensor shall pay for all electricity, gas, water sewer and janitorial services furnished to the License Area for the use, operation and maintenance of the License Area during the Term of this Agreement, and for the removal of garbage and rubbish from the License Area during the Term of the Agreement, or any extension thereof. ARTICLE 3 -IMPROVEMENTS AND ACCESS Section 3.01 License Area (a) Each party shall provide access to the License Area to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week. Except in the case of emergencies, Licensor shall give Licensee twenty-four (24) hours notice prior to entry into the License Area. Licensor represents and warrants that it has full rights of ingress and egress to and from the License Area, and hereby grants such rights to Licensee to the extent required to maintain and operate within the License Area. Licensee's exercise of such rights shall not cause undue inconvenience to Licensor. (b) Licensee shall, at its sole cost and expense, maintain and repair the License Area including, but not limited to, the removal of all trash, debris, graffiti, as well as any special intensive cleaning. If Licensee causes any damage to the Property, to the License Area or to access roadways or other nearby facilities, it shall properly repair same as specified by Licensor. (c) Upon the expiration or termination of this Agreement, Licensor shall approve in writing the surrender of the License Area by Licensee only after being satisfied that License Area has been left in good and clean condition, less ordinary wear and tear. Section 3.02 Liens Licensee will not permit any mechanics' or materialmens' or other liens to stand against the License Area by reason of any use or occupancy by Licensee, or any person claiming under Licensee. ARTICLE 4 -INDEMNITY AND INSURANCE Section 4.01 Indemnification, Defense, Hold Harmless 250-5 DO NOT RECORD Licensee shall protect, defend, indemnify and save and hold harmless Licensor, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Licensee's performance of this Agreement or Licensee's failure to comply with any of Licensee's obligations contained in the Agreement by Licensee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of Licensor. In the event Licensor is named as codefendant, Licensee shall notify Licensor of such fact and shall represent Licensor in such legal action unless Licensor undertakes to represent itself as codefendant in such legal action, in which event Licensor shall bear its own litigation costs, expenses and attorney's fees. Licensee further agrees to indemnify, hold harmless, and pay all costs for the defense of the Licensor, including fees and costs for special counsel to be selected by Licensor, 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. Licensor may make all reasonable decisions with respect to its representation in any legal proceeding. Section 4.02 Insurance In addition to the Licensee's covenant to indemnify and hold harmless Licensor, Licensee shall obtain and furnish to Licensor, a policy of general public liability insurance, commercial general liability insurance including motor vehicle coverage covering the License Area. The policy shall indemnify Licensee and Licensor, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the License Area, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of $3,000,000 per occurrence. The City also requires an Additional Insured Endorsement, as attached and incorporated herein as Exhibit D. The policy shall name Licensor, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any insurance coverage which maybe applicable to the License Area shall be deemed excess coverage and that Licensee's insurance shall be primary. Under no circumstances shall the above-mentioned insurance contain a "deductible" or any other similar form of limitation on the required coverage. Licensee is required to give the Licensor no less than thirty (30) days notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Licensee to furnish insurance during the term of this Agreement. Section 4.03 Property Insurance Licensee shall provide to Licensor, before entering the License Area, and shall maintain in force during the entire term of this Agreement, property insurance with extended coverage endorsements thereon, on the License Area in an amount equal to the full replacement cost and/or value thereof; this policy shall contain a replacement cost 4 250-6 DO NOT RECORD endorsement naming Licensee as the insured and shall not contain a co-insurance penalty provision. The policy shall contain a special endorsement that such proceeds shall be used to repair or rebuild any such improvements so damaged or destroyed; and if not so used, such proceeds shall be paid to Licensor. The proceeds of any such insurance payable to Licensor shall be used for rebuilding or repair as necessary to restore the License Area at the discretion of Licensor. The policy shall name Licensor as an Additional Insured. The policy or policies shall also contain the following endorsements: 1. The insurer will not cancel or reduce the insured's coverage without thirty (30) days prior written notice to Licensor; and 2. Licensor will not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with Licensor prior to the execution of this Agreement. At least thirty (30) days prior to the expiration of any such policy, a signed and complete certification of insurance showing that coverage has been renewed, shall be filed with Licensor. Section 4.04 Certificates of Insurance; Additional Insured Endorsements Prior to execution of this Agreement, Licensee shall furnish to Licensor certificates of insurance and additional insured endorsements to each of Licensee's insurance policies, subject to approval of the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; and 3. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of Licensor; and shall state as follows: Licensee represents to Licensor and Licensor acknowledges that Licensee self-insures in the ordinary course of its business . Notwithstanding any other provision contained herein to the contrary, the insurance obligations of Licensee set forth in this License may be satisfied by endorsements to existing excess/umbrella policies written by companies of recognized standing showing aself-insurance retention of not less than the public liability requirement. Licensee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. The requirement for carrying the foregoing insurance coverages shall 250-7 DO NOT RECORD not derogate from the provisions for indemnification of Licensor by Licensee under the Agreement. Licensor or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Licensee shall provide within fifteen (15) days of Licensor's request. ARTICLE 5 -TERMINATION AND DEFAULT Section 5.01 Termination (a) This Agreement maybe terminated with prior written notice as follows: (1) by Licensor if Licensee fails to pay compensation in a timely manner as provided herein; (2) by either party upon a default of any covenant or term hereof or set forth in the Rider attached hereto by the other party, which default has been noticed and is not cured within fifteen (15) days of receipt of written notice of default; or (3) by Licensee if Licensee is unable to occupy and utilize the License Area due to any action of the Interstate Commerce Commission or the Department of Transportation. (b) Licensor shall have at its sole discretion the option of terminating this Agreement if Licensee loses its license to provide bus transportation services for any reason, including, but not limited to, non renewal, cancellation, or expiration of its license. Licensee shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. ARTICLE 6 -ASSIGNMENT, ABANDONMENT, DEFAULT, INSOLVENCY Section 6.01 Assignment Licensee may not assign this Agreement. This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right upon any third party. Section 6.02 Abandonment by Licensee Should Licensee breach this Agreement and abandon the License Area prior to the expiration of the Term, Licensor may: (a) Continue this License in effect by not terminating Licensee's right to the License Area, in which event Licensor shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the compensation/consideration specified in this Agreement as it becomes due under this Agreement; or 250-8 DO NOT RECORD (b) Terminate this Agreement and recover from Licensee: 1. The worth at the time of award of the unpaid compensation which has been earned or the sum of one (1) year's compensation, whichever is greater, at the time of termination of the Agreement; or 2. The worth at the time of award of the amount by which the unpaid compensation which would have been earned after termination of the Agreement until the time of award exceeds the amount of compensation loss that Licensee proves could have been reasonably avoided; or 3. The worth at the time of award of the amount by which the unpaid compensation for the balance of the term of this Agreement after the time of award; and, 4. Any other amount necessary to compensate Licensor for all detriment proximately caused by Licensee's failure to perform its obligations under this Agreement. Section 6.03 Default by Licensee Should Licensee default in the performance of any of the terms, conditions, or obligations contained in this Agreement, Licensor may, in addition to the remedies specified in Section 6.02 of this License, re-enter and regain possession of the License Area in the manner provided by the laws of unlawful detainer of the State of California then in effect. Section 6.04 Insolvency of Licensee The insolvency of Licensee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Licensee, or the making of a general assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain possession of the License Area. Section 6.05 Cumulative Remedies The remedies given to Licensor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. Section 6.06 Waiver of Breach The waiver by Licensor of any breach by Licensee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach by Licensee either of the same or another provision of this Agreement. 250-9 DO NOT RECORD ARTICLE 7 -HAZARDOUS MATERIALS Section 7.01 At the time of execution of this License, Licensor warrants that the License Area is clean and contains no known hazardous materials. Licensee represents and warrants that it will comply with all environmental laws during the term of this License; its use of the License Area herein will not generate any hazardous substance, and it will not store or dispose on the License Area nor transport to or over the License Area any hazardous substance. Licensee further agrees to clean-up and remediate any hazardous substance on the License Area and Property, and hold Licensor harmless from and indemnify Licensor against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the sole negligence of Licensor, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules maybe amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. ARTICLE 8 -MISCELLANEOUS Section 8.01 Force Majeure -Unavoidable Delays Should the performance of any act required by this Agreement to be performed by either Licensor or Licensee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental 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 equivalent to the period of 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 Licensee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, Licensor or Licensee, required to perform the act. Section 8.02 Notice Any written notice or required submittals, given under the terms of this Agreement, shall be delivered personally, or mailed, certified mail, postage prepaid, addressed to the party concerned as follows: To Licensor: Clerk of the City Council 250-10 DO NOT RECORD City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 With courtesy copies to: Deputy City Manager for Development Services City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6549 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6515 To Licensee: Tres Estrellas de Oro 2414 East Florence Avenue Huntington Park, CA 90255 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. Section 8.03 Contract Administrator The Deputy City Manager for Development Services of the Community Development Agency, or his/her designee, shall be City's License Administrator for this Agreement 250-11 DO NOT RECORD and all approval and notices required to be given herein shall be so directed and addressed. Section 8.04 Compliance with Laws Licensee shall at Licensee's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, including federal and state, county and municipal, relating to Licensee's use and occupancy of the License Area whether such statute, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between Licensor and Licensee and shall be considered grounds for termination of this Agreement by Licensor. Licensee will obtain all permits and other governmental approvals, required in connection with Licensee's activities hereunder, and update such permits/approvals as necessary. Section 8.05 Binding on Heirs and Successors This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto. The provisions of this Section shall not be deemed to be a waiver of any of the conditions against assignment set forth herein. Section 8.06 Partial Invalidity Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. Section 8.07 Waste or Nuisance Licensee shall not commit or permit the commission by others of any waste on the License Area. Licensee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Property or License Area; and Licensee shall not use or permit the use of the License Area for any unlawful purpose. Section 8.08 Repairs Licensee shall be required to make any repairs to the License Area occurring from damages caused by Licensee, its employees, agents, contractors, and subcontractors. io 250-12 DO NOT RECORD Section 8.09 Time of Essence Time is expressly declared to be of the essence in this Agreement. Section 8.10 Governing Law 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. Section 8.11 Survival Terms and conditions of this Agreement which by their sense and context survive the termination or expiration of this Agreement, shall so survive. Section 8.12 State of Emergency/Public Necessity Due to the fact that The Depot has been designated a Homeland Security Evacuation Center, upon the declaration of a state of emergency/public necessity, Licensor may, give immediate notice in writing to Licensee to suspend or revoke normal operation under this Agreement without liability to Licensee when the emergency/public necessity so requires, or to suspend operation immediately hereunder temporarily in the event of such public emergency, as maybe determined by the City Manager. Such suspension will terminate as soon as the public necessity or emergency no longer exists. Licensee shall be compensated for any time of suspended use or operation by Licensor in the form of an equal amount of time added onto the term of the License by Licensor (i.e. Licensee suspends operation for 2 months due to state of emergency, License is extended an additional 2 months). Section 8.13 Conflict of Interest Licensee covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of this License Agreement specified herein. Section 8.14 Attorney's Fees 11 250-13 DO NOT RECORD In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Section 8.15 Exclusivity and Amendment This Agreement constitutes the entire agreement and understanding between Licensor and Licensee respecting the License Area, the licensing of the License Area to Licensee, or the License Term herein specified, and correctly sets forth the obligations of Licensor and Licensee to each other as of its date. Any agreements or representations respecting the License Area or their licensing between the parties not expressly set forth in this instrument are null and void. This Agreement or any part of it may not be changed, altered, modified, limited or extended orally or by any Agreement between the parties, unless such Agreement is expressed in writing, signed and acknowledged by Licensor and Licensee, or their successors in interest. Section 8.16 Captions Captions used in this Agreement are for ease of reference only and shall not affect the construction or interpretation of this Agreement. Section 8.17 Non-Discrimination Licensee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Licensee affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. BALANCE OF PAGE INTENTIONALLYLEFT BLANK SIGNATURES ONNEXT PAGE 12 250-14 DO NOT RECORD IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY: Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: LICENSEE: Stephen G. Harding, Deputy City Manager for Development Services 13 Tres Estrellas de Oro By: Title: 250-15 DO NOT RECORD EXHIBIT A Depot Property 14 250-16 DO NOT RECORD EXHIBIT B Description of License Area 15 250-17 DO NOT RECORD EXHIBIT C RIDER RESPONSIBILITIES OF LESSEE Licensee Shall: 1. Conform to all requirements set forth by Licensor. 2. Occupy Suite 109 and Bus Bay #9 ONLY 3. Shall prohibit more than one bus on Depot property at a time. 4. Shall pay all unsecured property taxes for vehicles operating at The Depot at Santa Ana. 5. Shall pay for all improvement costs, including all approved signage 6. Require all ticket agents and office employees to remain behind the counter within Suite 109 during business hours. 7. Conduct all ticket sales at Suite 109 counter inside the Depot building. Violation of this prohibition will result in termination of this Agreement. 8. Prohibit any employee to approach any individual on Depot property outside of Suite 109 for the purpose of sales, marketing or any business engagement. 9. Require all bus drivers to come into Suite 109 to conduct all business. 10. Employees shall have access to Suite 109 daily at 5:00 a.m. when The Depot at Santa Ana opens for business. 11. Prohibit all employees from association with unlawful "gypsy cabs", "coyotes" or "riteros" This activity is a breach and will result in termination of this Agreement. 16 250-18 DO NOT RECORD PUBLIC ADDRESS SYSTEM USE: 1. Use of the P/A system is a privilege and will be conducted as such. Licensee will take all necessary steps to maintain equipment in good repair. Any damage to P/A System housed within Suite 109 will be repaired by Licensor at Licensee's expense. 2. All announcements will always be made in ENGLISH, in a clear, unhurried, well-enunciated voice. Subsequently, the same announcements may be made in any other language. 3. Before use, make sure that no one other announcements are being made. 4. Begin announcement with: "This is a Tres Estrellas de Oro announcement..." i~ 250-19 DO NOT RECORD EXHIBIT D ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective part of Policy # Issued to Named Insured Countersigned by this endorsement form as a Authorized Representative is 250-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: AGREEMENT WITH THE FIRE MANAGEMENT ASSOCIATION ~~ r J?~c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Fire Management Association regarding wages and other terms and conditions of employment. DISCUSSION The City and the Fire Management Association (FMA) recently completed contract negotiations resulting in a two-year contract extension (attached as Exhibit "A") of the existing Memorandum of Understanding. This extension period covers July 1, 2008 through June 30, 2010. The provisions of the extended agreement are as follows: 1. Salary Increase: July 1, 2008 = 40 January 1, 2009 = 2.50 July 1, 2009 = 40 January 1, 2010 = 2.50 2. Medical Premium Contributions: Maintain Kaiser California CalPERS HMO rates during extended term of agreement. 3. Shift Replacement/Special Assignment Pay for Fire Battalion Chiefs: Pay in 6-hour rather than 12-hour increments, effective May 1, 2008. 4. Vacation Pay Options: Allow employees to receive cash compensation in lieu of an additional five (5) days vacation, effective January 1, 2009. 5. Credit for Unused Sick Leave: Continue to allow employees to have unused sick leave at retirement credited toward PERS service credit. 25P-1 Agreement with FMA May 5, 2008 Page 2 of 2 6. Promotion: Authorize Fire Chief, with City Manager approval, to promote employees at top step, when appropriate. 7. 2.7o at 55 CalPERS "Miscellaneous Employee" Retirement Formula: A. Employees agree formula: July July July B. City agrees to retirement formu FISCAL IMPACT to contribute toward enhanced 1, 2007 = 2.0% 1, 2008 = Additional 2.Oo (total 1, 2009 = Additional 2.30 (total amend CalPERS contract for la, effective January 1, 2009. retirement of 4%) of 6.30) ?.7o at 55 Funds for contract extension are available in the affected Fire Department division salary and benefit accounts (object codes 6111 and 6171 respectively). There is no new cost for FY 2007-08. APPROVED AS TO FUNDS AND ACCOUNTS: Enriqu A Execu i e D'r ctor Perso nel Services Department Francisco Gutierrez Executive Director Finance & Management Services Agency~,~ 25P-2 Exhibit A TWO-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA FIRE MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2008-09 AND 2009-10 The City of Santa Ana (CITY) and the Santa Ana Fire Management Association (SAFMA) have met and agreed to amend the Memorandum of Understanding (MOU) between the CITY and SAFMA for Fiscal Years 2004-05 through 2007-08 by extending this MOU for two additional years. The existing MOU provisions will remain unchanged unless addressed by this addendum. The new expiration date of the MOU will be June 30, 2010, and the MOU will be amended as follows: AMENDED ARTICLE IV (new language in bold) 4.3 Salary Adjustments. A. New paragraphs as follows: Effective July 1, 2007, Miscellaneous employees covered by this Agreement shall contribute 2% of their salary toward the 2.79° at 55 retirement benefit. To the extent permitted by CuIPERS and Internal Revenue Service regulations, this 29'° contribution shall be implemented through payroll deduction on a pre-tax basis. Effective July 1, 2008, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 49'°). Effective July 1, 2008, Miscellaneous employees covered by this Agreement shall contribute nn additional 2% of their salary (for a total of 4Y°) toward the 2.7~° at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2% contribution shall be implemented through payroll deduction on a pre-tax basis. Effective January 1, 2009, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.5~°). 25P-3 Effective July 1, 2009, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 49'0). Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall contribute an additional 2.39'0 of their calory (for a total of 6.39'0) toward the 2.79~o at 55 retirement benefit. To the extent permitted by CuIPERS and Internal Revenue Service regulations, this additional 2.39'o contribution shall be implemented through payroll deduction on a pre-tax basis. Effective January 1, 2010, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.50). 4.5 Beginning Rates. A. Fire Management Group A Classes. An employee appointed to a Fire Management Group A class (Deputy Fire Chief or Fire Marshal) shall be compensated at any rate within the lower third of the 15-step salary rate range (Steps "1" through "5") for their job classification as authorized by the Fire Chief. When economic conditions, unusual employment conditions, or exceptional qualifications of a candidate for employment indicate a higher rate would be in the City's best interests, the City Manager may authorize hiring at a higher rate in the salary rate range, up to and including Step 15. B. Fire Management Group B Classes. An employee appointed to a Fire Management Group B class (Fire Battalion Chief or Fire Communications Manager) may be placed by the Fire Chief at any step within the applicable five (5) step salary rate range (Steps "A" through "E") in the schedule to which the class has been allocated through adoption of this Agreement, provided that such employee shall be assigned such salary step upon the commencement of his or her service in said classification and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article as set forth below. 25P-4 AMENDED ARTICLE VIII (new language in bold) 8.2 Shift Replacement/Special Assignment Pay for Fire Battalion Chiefs. Off duty employees in the class of Fire Battalion Chief who are assigned by the Fire Chief to a twenty-four (24) hour work shift will receive straight time pay in ~ six (6) hour increments (i.e. from one (1) to ~ six (6) hours worked equals ~ six (6) hours pay, e~ ~3--te-~4 seven (7) to 12 hours worked equals 12 hours pay, 13 to 18 hours worked equals 18 hours pay, or 19 to 24 hours worked equals 24 hours pay, respectively). The purpose of this pay is compensation for replacing another Battalion Chief who is on sick leave, vacation, bereavement leave, or other approved absence. Additionally, this compensation will be received when an off-duty Battalion Chief is directed by the Fire Chief to respond to an emergency situation, to serve on special assignment, or to act as a training officer. This practice shall conform to the following guidelines: A. Special Shift Replacement Pay will be calculated by multiplying either six (6), 12, 18, or 24 hours, respectively, times the hourly rate of pay for Fire Battalion Chief, "E" step, based on a 24-hour shift schedule and assuming pay additives of 7.5%, regardless of the salary step of the affected employees. B. Shift exchanges between two employees of the class of Fire Battalion Chief will not qualify for Special Shift Replacement Pay under these provisions. C. Under no circumstances will Special Shift Replacement Pay be construed as "overtime pay," as defined under the Fair Labor Standards Act. AMENDED ARTICLE X (new language in bold) 10.6 Vacation Pay Options. Once each fiscal year, all employees covered by this Agreement shall be given the option to receive cash compensation, computed on a straight-time basis, in lieu of up to five (5) working days of earned, unused vacation leave benefits set forth in this Article. Effective January 1, 2009, employees covered by this Agreement may cash out up to a total of 10 working days of earned, unused vacation leave benefits set forth in this Article. 25P-5 AMENDED ARTICLE XII (new language in bold) 12.1 Health Insurance. A. The City shall contribute toward the payment of premiums for affected employees and their dependents under the CaIPERS Health Program. Effective July 1, 2005, January 1, 2006, January 1, 2007, ~ January 1, 2008, January 1, 2009, and January 1, 2010, respectively, the City shall contribute toward medical premiums an amount consistent with the rates then in effect on the dates listed above for the "employee-only", "employee plus one", and "family" tiers, respectively, of the Kaiser "Other Southern California" CafPERS HMO plan. Effective January 1, 2006, the City shall establish a Cafeteria benefit plan for employees covered by this Agreement. AMENDED ARTICLE XIV (new language in bold) 14.2 Deferred Retirement. The City shall continue to make payment to CaIPERS on behalf of each affected employee covered by this Agreement in an amount equal to one hundred percent (100%) of each employee's individual retirement contribution. Such payments shall be credited to the individual employee's CaIPERS account. Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this Agreement shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus, will not withhold Federal or state income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, not ordinary income. In the event that the City receives a subsequent ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each affected employee shall forthwith be increased by eighteen (18) salary rate ranges (9.0%) for "safety-member" employees covered under the "3% at Age 50" CaIPERS formula and fourteen (14) salary rate ranges (7.0%) for "miscellaneous-member" employees covered by this Agreement. Effective January 1, 2009, this amount shall be increased to sixteen (16) salary 25P-6 rate ranges (8.09'°) for "miscellaneous-member' employees covered by this Agreement. For the purpose of reporting an employee's compensation to CaIPERS, the City shall include these payments as if they were a part of the employee's base salary. 14.4 2% at 55 for CaIPERS "Miscellaneous" Members. CaIPERS designated "miscellaneous" employees represented by the Association shall be covered by the 2% at 55 retirement benefit. ,~ ° ° .Effective beginning January 1, 2009, miscellaneous employees covered by this Agreement shall be covered by the 2.79° at 55 retirement benefit, as specified in section 14.14 below. - , ° f+t: ° 14.14 2.7~° at 55 Service Retirement Benefit for Miscellaneous Members. The City agrees to amend its retirement contract with CaIPERS to provide Miscellaneous employees covered by this Agreement with the 2.79'o at 55 Service Retirement benefit to be effective January 1, 2009. Pursuant to CaIPERS regulations, this new formula will apply to all miscellaneous members covered by this Agreement that are in active status on the date this amendment takes effect. This new formula will apply to each year of eligible service credited with the City of Santa Ana. Payment of New 2.7% at 55 Service Retirement Benefit. Miscellaneous employees covered by this Agreement agree to pay 6.39'° of CaIPERS reportable compensation toward the cost of the 2.79'° at 55 enhanced retirement formula in the following manner: 1. Effective July 1, 2007, the City shall deduct from each miscellaneous employee covered by this Agreement two percent (29'°) of CaIPERS reportable compensation to pay toward the cost of the new enhanced retirement formulo. 25P-7 2. Effective July 1, 2008, the City shall deduct from each miscellaneous employee covered by this Agreement an additional two percent (29'0} of CaIPERS reportable compensation (49'o total) to pay toward the cost of the new enhanced retirement formula. 3. Effective July 1, 2009, the City shall deduct from each miscellaneous employee covered by this Agreement an additional two point three percent (2.39'0) of CaIPERS reportable compensation (6.39'o total) to pay toward the cost of the new enhanced retirement formula. Pre-Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 14.15 Credit for Unused Sick Leave. Effective January 1, 2002, anon-sworn employee covered by this Agreement can have unused accumulated sick leave at the time of retirement converted to additional service credit, pursuant to regulations prescribed by CaIPERS. The City must report only those hours of unused sick leave that were accrued by the employee during the normal course of employment. This section applies to members whose effective date of retirement is within four (4) months of separation of employment. Effective July 1, 2007, the provisions of this section will also apply to sworn employees covered by this Agreement. AMENDED ARTICLE XXVI Article 26 -Term of Agreement The term of this Agreement shall be from July 1, 2004 through June 30, 20910. 25P-8 ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and Association and entered into this ~*~ 5th day of dt-+4e May 209508. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: Dated: Dated: By: MAYOR By: CITY MANAGER By: ASSISTANT DIRECTOR PERSONNEL SERVICES ATTEST: APPROVED AS TO FORM: CLERK OF THE COUNCIL CITY ATTORNEY 25P-9 This Agreement has been ratified by the membership of the Santa Ana Fire Management Association. Dated: SANTA ANA FIRE MANAGEMENT ASSOCIATION By: RANDY BLACK, PRESIDENT 25P-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: May 5, 2008 TITLE: AGREEMENTS FOR PARK RESTROOM JANITORIAL SERVICE ~LL'vC 1/ ~. ChT MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Merchants Building Maintenance in the amount of $92,823 for park restroom janitorial service in Districts 1 and 2, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with Bell Building Maintenance Company in the amount of $76,389 for park restroom janitorial service in Districts 3 and 4, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency currently divides the City into four separate park maintenance districts. The current janitorial service contract for maintaining park restrooms expires on May 22, 2008. A request for proposals (RFP) was issued and advertised on March 18, 2008. A summary of RFP's issued and proposals received is as follows: 29 Request for Proposals mailed 4 Request for Proposals mailed to Santa Ana vendors 4 Proposals received 1 Proposal received from Santa Ana vendors 25Q-1 Agreements for Park Restroom Janitorial Service May 5, 2008 Page 2 A pre-proposal conference and job walk was conducted on March 27, 2008, and proposals were received and opened on April 10, 2008. The four companies that submitted proposals were Bell Building Maintenance Company, Grace Building Maintenance Company, Merchants Building Maintenance, and Master Landscape and Maintenance. An evaluation committee consisting of representatives from Finance and Management Services, Parks, Recreation and Community Services, and the Police Department evaluated and rated the proposals. Each proposal was evaluated based on the vendor's capability and experience, past performances, and cost of the proposal. The evaluation results and annual costs are as follows: Score Bell Building Maintenance Company 341 Merchants Building Maintenance 267 Grace Building Maintenance Company 247 Master Landscape and Maintenance Non-Responsive The Parks, Recreation, and Community Services Agency believes it is important to replace the existing single agreement with multiple agreements to resolve the capacity and service level issues we have been experiencing with one contractor. Replacing the single agreement with two agreements will create smaller maintenance areas that will be more manageable for the custodial contractors, which will result in better quality custodial services. This approach is similar to the approach the Parks, Recreation and Community Services Agency has taken with our landscape contracts, which has produced very positive results, The Parks, Recreation and Community Services Agency is expecting to achieve the same positive results by dividing the janitorial contract into districts. The proposals received from Bell Building Maintenance Company and Merchants Building Maintenance were most responsive to the specification and meet the City's requirements. These two agreements will replace the one existing agreement with DMS Custodial for maintaining park restrooms city-wide. Bell Building Maintenance Company has extensive experience performing janitorial services in large park systems, including the cities of Riverside, Rialto and Santa Clarita. Similarly, Merchants Building Maintenance has experience performing park restroom janitorial service in Anaheim, Yorba Linda and Santa Fe Springs, and is currently the landscape contractor in Santa Ana Districts 1 and 2. Merchants Building Maintenance is a Santa Ana based business, and currently employs approximately 500 Santa Ana residents in its building maintenance and landscape divisions. 25Q-2 Agreements for Park Restroom Janitorial Service May 5, 2008 Page 3 The proposal from Master Landscape and Maintenance was considered non- responsive because it failed to meet the bonding requirements included in the RFP. The proposal from Grace Building Maintenance Company scored lowest because it was incomplete and neither the proposal nor the submitted references demonstrated that the company has any experience performing janitorial services in large park systems. The City proposes to enter into a two-year agreement with Bell Building Maintenance Company, with two two-year renewal options, for the maintenance of the larger contracted area - Districts 3 and 4. The annual base contract cost is $69,444. An additional $6,945 contingency is included for unforeseen emergencies, resulting in a total annual contract amount of $76,389. In addition, the City proposes to enter into a two-year agreement with Merchants Building Maintenance, with two two-year renewal options, for the maintenance of Districts 1 and 2. The annual base contract cost is $84,384. An additional $8,439 contingency is included for unforeseen emergencies, resulting in a total annual contract amount of $92,823. FISCAL IMPACT Funds are available in the FY 2007-08 Park Services, Other Contractual Services account(no. 11-250-6291). Funds for FY 2008-09 will be identified in the FY 2008-09 budget. Gerardo Mouet, Executive Director Parks, Rec. and Com. Svcs. APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency 25Q-3 25Q-4 CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this 23 day of May, 2008 by Bell Building Maintenance Company (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the RFP (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit "B" hereto) attached to this Agreement. Contractor will provide janitorial services in Districts 3 and 4. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 25Q-5 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B". The total sum to be expended under this Agreement, shall not exceed the annual amount of $76,3$9 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on May 22, 2010 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $76,389. Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance 2 25Q-6 shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, 25Q-7 or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which, due to the nature of such information, is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either parry by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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: 4 25Q-8 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 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: Bruce M. Hwang 5170 Sepulveda Blvd. Suite 180 Sherman Oaks, CA 91403 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written 25Q-9 instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications, Exhibit "A" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit "D" hereto). 6 25Q-10 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 7 25Q-11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By Jose Sandoval Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director, Parks Recreation and Community Services Agency 8 CITY OF SANTA ANA: DAVID N. REAM City Manager CONTRACTOR: By: TITLE)_ Tax ID # NAME)_ 25Q-12 Exhibit ~~,~~ REQUEST FOR PROPOSAL RFP N0.08-021 PRCSA FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS KEY RFP DATES: Issue Date: March 18, 2008 Pre-proposal Conference: March 27, 2008 Proposal Due Date: April 10, 2008 25Q-13 REQUEST FOR PROPOSAL Notice is hereby given that proposals will be accepted for providing janitorial services for City of Santa Ana park restrooms, at the Parks, Recreation and Community Services Agency headquarters building, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA, 92701 until 5:00 p.m., April, 10, 2008. If further information is required, please contact Robert Carroll via a-mail rcarroll(a~santa- ana.org or phone, (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2°d Floor Santa Ana, CA 92701 Attn: Robert Carroll If mailed, it is the responsibility of the proposer to see that any mailed proposal shall have sufficient time to be received by the Accounting and Budget Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25Q-14 I. GENERAL TERMS A. RFP TERMS AND CONDITIONS 1. PROPOSAL SUBMISSIONS Proposals must be submitted to the Accounting and Budget Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 08-021, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the contractor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Accounting and Budget Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Contractor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Exhibit A. Proposal should take into consideration the evaluation criteria included in Section III and should not exceed 20 pages. • Proposals should include job qualifications of key contract staff including general manager, superintendent, supervisor, and lead maintenance workers. • Completed Contractor's References form (Section IV); • Completed Proposal Summary and Deviations from Specifications form (Section V); • Signed Proposal Form (Section VI); • Exhibits B, C and D are for reference only, but will be required when the contract is awarded to the successful contractor. Contractor must submit one original and eight (8) photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. The City also reserves the right to enter into agreements with one or more contractors to complete the scope of this RFP. 6. AGREEMENT Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with any, 25Q-15 all, or none of the contractors for atwo-year period, with the option of extending the agreement for two additional two year terms. 7. SELL OR ASSIGN The successful contractor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all bids for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All bids shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL CONTRACTOR The terms vendor, supplier, proposer, or contractor maybe used interchangeably in these specifications and shall refer exclusively to the contractor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll@santa-ana.org. 13. E-MAIL COMMUNICATIONS To facilitate the request for proposal process, contractors are required to monitor and respond to a-mail requests on a daily basis. 14. PRE-PPROSAL CONFERENCE AND JOB WALK A mandatory pre-proposal conference and job walk will be held on Thursday, March 27, 2008 at 8:30 a.m. in the Parks, Recreation and Community Services Agency headquarters building large conference room, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA. The pre-proposal conference will last approximately one hour. Immediately following the pre-proposal conference, staff will conduct a job walk to view some or all of the restrooms covered in the RFP. Please RSVP to Robert Carroll by Monday, March 24, (714) 571- 4218. 4 25Q-16 15. PRE-QUALIFICATION PROCESS In addition to submitting all documentation required in this request for proposal, contractors may also be required to demonstrate their ability to successfully perform the type of maintenance work contemplated by this request for proposal, including but not limited to providing an adequate number of staff, suitable equipment and materials as determined by the Director's representative. 16. BONDING Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 17. REVIEW OF JOB SITE The Contractor shall be held responsible for carefully reviewing the sites and verifying all areas of work, prior to proposal submittal. The City recommends reviewing the sites during the busier evening and weekend hours to better understand the traffic that these facilities experience. II. SCOPE A. RESTROOMS AND FACILITIES The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform quality janitorial services at various park restrooms listed in Section V.A. Park Restroom Services. 1. QUALITY ASSURANCE The contractor's location supervisor shall inspect all areas weekly under this agreement and sign a weekly custodial logbook, which the City may review on a weekly basis. This logbook shall include all items required in the weekly service section of the specification. The contractor is required to ensure that all supervisors and staff are thoroughly trained in the implementation of this spec. New staff shall be trained in the specification before being deployed into the field to complete this specification. The contractor shall provide names of staff and crew leaders assigned to this contract, and the facilities they services, and shall inform the City when staff changes. 2. AGREEMENT START-UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide aone-time start-up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality 5 25Q-17 of janitorial maintenance to the level specified in the agreement/specifications. Following the Contractor's start-up at each building/park restroom, the City representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start-up period the Contractor has not completed the start-up service to the satisfaction of the City's representative, the City shall withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will provide the Contractor with a report on start-up work deficiencies, and the Contractor will have three days to correct all start-up deficiencies. 3. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his/her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re-keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re-key the whole facility is solely that of the City's representative. 4. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be famished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. 5. SUPERVISION AND SAFETY The contractor shall be responsible for the supervision and direction of the work performed by his/her employees and shall at all times provide a fiall-time manager or supervisor on the premises to carry out the responsibility. The manager or supervisor shall have the authority to act as agent for the Contractor in his/her absence and shall be fully qualified to implement the contract specifications. The contractor shall be responsible for instructing his employees in all safety measures. All equipment used by the contractor shall be maintained in safe operating condition at all times and free from defects or wear which may constitute a hazard to any persons. All employees will wear proper personal protective equipment while working on City premises. Contractor's 6 25Q-18 supervisors shall be literate and conversant in the English language because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. Contractor's supervisors shall also be capable of communicating fully with all employees in the event they do not speak English. The Contractor shall comply with and ensure that the Contractor's personnel and subcontracted personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health. The Contractor shall provide or cause to be provided all training, technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor. The Contractor shall provide all necessary barricades, signs to indicate safety conditions, detours and yellow safety caution tape as necessary to provide a safe environment. The City may require the removal of any of the contractor's employees who are found to be incompetent, careless or insubordinate; or appears to be alcohol or drug impaired or poses a safety risk. The Contractor shall provide an emergency telephone number where he can be reached during normal operating hours and a telephone number where he can be reached after normal operating hours. 6. REMEDY FOR FAILURE TO PERFORM REQUIRED SERVICE Should the contractor fail to perform in accordance to the agreement, the City may withhold a portion or all of the contractor's payment for work not performed for each inspection. This estimate is solely determined by the City, and may be based on the costs submitted by contractor in Section V.A. B. Specialized Services. The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 7. DAMAGE TO CITY PROPERTY Damage or theft of City property resulting from Contractor's performance of the work or negligence shall be repaired immediately by the Contractor or the damage will be repaired by the City at the Contractor's expense, if the Contractor fails to remedy such damage promptly. A written report of the loss and cause of damage must be submitted to the City in writing 24 hours of occurrence 8. METHOD OF PAYMENT The vendor will be paid monthly in arrears for his/her services after verification of completion of work and receipt of invoice. Payment terms will be net 30. 25Q-19 9. BONDS Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. III. EVALUATION OF PROPOSALS The response to this Request for Proposal should contain documentation of contractor's credentials and expertise in this field. Consideration will be given to contractors with demonstrable and documented experience in similar work. The responses received will be reviewed by an evaluation committee established by the Administrative Services Division of the Parks, Recreation and Community Services Agency. The successful proposal will be based upon cost competitiveness and the qualifications of the contractor submitting the proposal. The bids will be evaluated based on the following criteria: Capability and Experience of Contractor 25% 1. Ability of contractor to obtain the staff and equipment necessary to perform specifications 2. Training and safety precautions taken to perform specifications 3. Contractor's financial ability to provide uninterrupted custodial services throughout the term of the agreement 4. Experience of lead worker and maintenance staff assigned to the contract 5. Experience of supervisory and management staff assigned to the contract Past Performances 25% 1. Past record of performance on contracts with other cities, governmental agencies or similar organizations, including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Acceptable, verifiable references and site reviews Cost of Proposal 1. Cost of base proposal 2. Cost of add-on locations 3. Cost of specialized services 50% FOLLOW-UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll(a,santa-ana.org or by phone at (714) 517-4218. 25Q-20 IV. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully three contracts performed by your company, which demonstrate your ability to provide services in accordance with the RFP. Attach additional pages if necessary. 'The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: Address: Contract Amount: Contact Individual: Phone Number: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Address: Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Year: Description of equipment and services provided: 9 25Q-21 V. PROPOSAL SUMMARY AND DEVIATIONS FROM SPECIFICATIONS Contractors must provide costs for maintaining each of the parks restrooms, optional add-on locations, and service categories included below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Contractors must also list all deviations from specifications, if any. The 26 park restrooms included in Section A will serve as the basis for proposal evaluation, however, costs of specialized services in Section B will also be considered. The City may, at its sole discretion, choose to award contracts to up to four contractors, one for each District. A. PARK RESTROOM SERVICES Park Address Cost/Mo. Cost/Yr. Deviations District 1 1 Campesino 3311 W. Fifth St. 2 Edna 2140 W. Edna Dr. 3 El Salvador 1825 W. Civic Center Dr. 4 Riverview 1817 W. 21 st St. 5 Rosita 706 N. Newhope St. Distr ict 2 1 Angels 914 W. Third St. 2 Cabrillo 1820 E. Fruit St. 3 Fisher 2501 N. Flower St. 4 Logan 1009 N. Custer St. 5 Portola 1700 E. Santa Clara Ave. 6 Santiago "A" 2535 N. Main St. 7 Santiago "B" 2535 N. Main St. Distr ict 3 1 Delhi 2314 S. Halladay St. 2 Madison 1528 S. Standard St. 3 Memorial 2102 S. Flower St. 4 Sandpointe 3700 S. Birch St. District 4 1 Adams 2302 S. Raitt St. 2 Centennial "A" 3000 W. Edinger Ave. 3 Centennial "B" 3000 W. Edinger Ave. 4 Centennial "C" 3000 W. Edinger Ave. 5 Centennial HGHS 3000 W. Edinger Ave. 6 DYSC "A" includes locker room and restrooms 3000 W. Edinger Ave. 10 25Q-22 Park Address Cost/Mo. Cost/Yr. Deviations 7 DYSC "B" 3000 W. Edinger Ave. 8 Heritage 4812 W. Camille St. 9 Jerome 726 S. Center St. 10 Santa Anita 300 S. Figueroa St. 11 Thornton 1801 W. Segerstrom St. 12 Windsor 2915 W. Laverne Ave. 28 Totai Totals The City reserves the right to delete one or more restrooms from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourly Wa e 1 Maintenance Supervisor $ 2 Maintenance Service Leadworker $ 3 Maintenance Service Laborer $ Total (1-3) $ B. Cost For Add On Locations 1 Price By Square Foot Per Month -Park Restroom lx Day $ 2 Price By Square Foot Per Month -Park Restroom 2x Day $ 3 Price By Square Foot Per Job Pressure Wash Exterior Entrances and areas around buildings/restrooms $ ~i 25Q-23 VI. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A. I/We have stated herein the services and fees that I/we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Name of Contractor (Person, Firm, Corp.) Signature of Authorized Rep. Address Address Telephone Number Name and Title (Please Print) Date Fax Number 12 25Q-24 -1Eri~~"A" GENERAL SPECIFICATION The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform janitorial services. Facilities shall be cleaned once daily. The working hours for the duration of this contract are from 11:00 pm to 6:00 am daily, seven (7) days per week, or as otherwise directed by the Director's representative. Contractor shall supply and pay for clean, neat appearing uniforms, which shall be worn while working on City premises. Uniforms shall consist of a polo shirt, hat, jacket and full-length work pants with the contractor's identification. All municipal, state and federal safety regulations shall be adhered to in order to prevent injury to personnel and property damage. Smoking is not allowed in City facilities at any time. Daily Cleanin>w Schedule - Restrooms, Showers and Locker Rooms NOTE: Use approved germicidal solution for all cleaning. 1. Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model to General Maintenance specifications upon discovery. Dispensers will be provided by the City. 2. Flush toilets and urinals using approved products. Check for stoppages and use plunger to unplug. 3. If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the Senior Park Maintenance Supervisor at (714) 647-3324. 4. Remove all litter and debris on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. 5. Empty, clean and sanitize receptacles inside and out. 6. Sweep and mop entire floor with approved germicidal cleanser/solution. Hosing out restrooms is not an acceptable practice. 7. Clean and sanitize all surfaces, including walls, doors, partitions, door/window jambs, vents, light fixtures, ceilings, etc. Tile floors and walls shall be cleaned and polished. 8. Clean, sanitize and polish mirrors and frames using approved products. 9. Clean and sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. 10. Clean, sanitize and polish thoroughly inside and outside of metal toilet bowls, urinals, dispensers, wash basins, flush valves, mounting plates, nuts, screws, traps, hose bibs, water connections etc. using approved germicidal cleanser. 11. Clean and disinfect benches using approved germicidal cleanser. 12. Inspect and replace burned out lights inside and outside the building using approved products. 13 25Q-25 13. Clean and disinfect lockers (sides and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 14. Clean and disinfect shower walls, fixtures and curtains using approved germicidal cleanser. 15. Pick up and remove trash and debris within 10' feet of the building in each direction. 16. Remove, clean and sanitize areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids within 10' in each direction of the building. 17. Clean exterior of the building free of all foreign materials including paper wads, confetti, etc. 18. Turn off lights once work is completed. Weekly Cleaning Schedule -Restrooms, Showers and Locker Rooms Polish all tiles surfaces using approved product to achieve a high quality appearance. 2. Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. 3. Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. Monthly Cleaning Schedule -Restrooms, Showers and Locker Rooms 1. Clean and repaint floor surfaces using approved paint per the manufacturer's specifications. 2. Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. Approved Park Restroom Supplies Toilet Tissue -Acclaim White Singlefold Interfolded Bath Tissue item # 10101 - 00 Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches (Rosita women's restroom only). Approved Cleaning Supplies For cleaning urinals and commodes Colossus For cleaning polished and brushed chrome Safe-Dee or Glass Cleaner Metal/Chrome polish Briteboy Disinfectant Versatile 14 25Q-26 CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 15 25Q-27 r, viTiD iT Gc!'~» SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by 16 25Q-28 I~I3' `-` SAMPLE AGREEMENT CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this day of 2008 by (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Custodial Services Agreement Description/Specifications/Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " "hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall other City property subject to this Agreement. that is not performed in the manner, and Specifications, Contractor agrees that the City regularly inspect the parks restrooms and all If said inspection results in discovery of work `o the professional degree set forth in the shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 17 25Q-29 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit " ". The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $ .Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire terns 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 anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. 18 25Q-30 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the teens of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the 19 25Q-31 defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which, due to the nature of such information, is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any inforration that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) 20 25Q-32 P.O. Box 1988 Santa Ana, California 92702 and To Contractor: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 21 25Q-33 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited bylaw, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of perfornance specified in the Recitals of this Agreement and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the perfornance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit " "hereto). 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its 22 25Q-34 inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. iN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA: ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency DAVID N. REAM City Manager CONTRACTOR: sy: NAME) TITLE)_ Tax ID # 23 25Q-35 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS RFP Reference No. 08-021 PRCSA Date Due: April 10, 2008, 5:00 P.M. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No. 08-021 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on April 10, 2008. This addendum is provided in response to questions asked at the pre-proposal conference conducted on March 27, 2008. 1. Re: Section I. A., Item 16, and Section II. A., Item 9 Bonding requirements will remain as follows: BONDING Each proposal shall be accompanied by a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 2. Exhibit "A", Item 12, Page 13 shall be revised to read as follows: Inspect and replace burned out lights inside and outside the building using existing type (manufacturer and watta~el lights products or approved equal. Contractor shall replace at their own cost a maximum 3 light bulbs per year per fixture. Contractor must inform Citv of light bulb replacement within 48 hours of the bulb being replaced in order to receive credit for a replacement 3. Exhibit "A", Item 15, Page 14 shall be revised to read as follows: d~ectien-Pick up/clean and remove any trash debris and/or foreign materials on the exterior of the building caused by the Contractor's service of the restrooms 25Q-36 4. Exhibit "A", Item 16, Page 14 shall be revised to read as follows: Remove, clean and sanitize entrance areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids. ~•~~*'~~~ ' ~' ~r ^^^~ uu vv uvx 5. Exhibit "A", Item 1 (Monthly), Page 14 shall be revised to read as follows: rt~'~~ mz~a--"rcp.. „~ ~l f e~s--t}~~~~c~f'd-~t~r~--pcr-a= 1' ` ' ~°^~~^^+~^„~. No longer required. 6. Exhibit "A", Item 2 (Monthly), Page 14 shall be revised to read as follows: Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. Shower curtains shall be to match existine. Should you have any questions or require additional information, please contact Robert Carroll, (714) 571-4218. 25Q-37 Exhibit ~~B ~~ SERVICE PROPOSAL COMPANY PROFILE JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS RFP NO. 08-21 PRCSA CITY OF SANTA ANA ~._ __._ ... ___ m . _~_~_~_ - __ _. -_,~ _~ ,~ COPY -~ Submitted By: Bruce M. Hwang V. P. of Operations Bruce@bellbmc.com Bell Building Maintenance Company 5170 Sepulveda Blvd., Suite 180 Sherman Oaks, CA 91403 Tel: (818) 385-0790 Fax: (818) 385-0730 25Q-38 BELL BUILDING MAINTENANCE COMPANY B E L L 5170 SEPULVEDA BLVD. #180 SHERMAN OAKS, CA 91403 PHONE: (818) 385-0790 FAX: (818) 385-0730 April 8, 2008 Mr. Robert Carroll Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2"d Floor Santa Ana, CA. 92701 Dear Mr. Carroll, Thank you for your interest in our company. Our company is a custodial and building maintenance contractor. Our primary business is providing complete professional and first class custodial services to commercial office buildings, industrial facilities, medical buildings, fitness clubs, banks and school, both large and small. Our company is not a service company bidding on an occasional custodial contract, but a custodial company performing only custodial and building maintenance contracts. Our company fully understands and agrees that its submission of a RFP constitute an acknowledgment and acceptance of, and willingness to fully comply with, all terms and conditions of the RFP and any addenda thereto. Our proposal shall be remain valid for a period of 60 days from the final date that the proposal to be submitted. Mr. Bruce M. Hwang, Vce President of Operations, is authorized to make representations for BBMC during negotiations and commit BBMC to the Agreement. Mr. Hwang may be reached via the following: Tel : (818) 385-0790/ Fax :(818) 385-0730 Cell: (213) 220-1393 E-mail: bruce@bellbmc.com Address: 5170 Sepulveda Blvd. Suite 180 Sherman Oaks, Ca 91403. Please bear in mind that the competitiveness of our bid in no way compromises the quality of the work performed and we pride ourselves in our outstanding customer satisfaction record. BBMC offers the following: • State of the art industrial equipment to minimize downtime and save costs. • 24 hour emergency service, 365 days a year, two-hour response time in most instances. • Insured and Bonded workforce.. • Follow up visits by our representative. We hope that our company information will grant us as your contractor and look forward to a long, mutually rewarding relationship. Thank you. Sincerely, Chan~ee Yang-- President 25Q-39 H C O e+-6 V d Q. N 0 ~, 0 ~.. .; d 0 'C Q C N ~ V ~a N 3 N O OZ Q- a O LL a~ s~ 0 . ? A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ d~ ~ d= ~t ° d= ~t ~ ~ d~ o0 0o O ~ ~ ~ ~ ° ~ 00 ~ ~ ~ ~ ~ o ~ ~ ~o ~o ~0 0 0 ~ ' " ~ ~ ~ ~ ~ ~0 0 l~ l ~ l~ [~ [~ N ~ [~ l~ I~ l~ ~t ~ ~ ' ~ l~ [~ [~ [~ v1 I~ ct ~ ~ ~' ~ ~ ~ ~ d' '~ ~ c}' M M O ~ ~' ~ ~ ~ ~ M ,a,, ~' O N M ~ U sA 6s bA 69 sR b4 69 69 b4 s9 69 64 b4 s9 69 64 s9 ds ~ ~ ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O\ O~ O~ O~ Q\ ~ D\ ~ ~ ~ ~ 00 00 M ~ ~ d\ ~ ~ O~ 00 M M M M M ~ M M M M M N N ~ M M M M ~ M N ++ ~--~ N ~--~ h O v ~ ~ ~ ; o o O j, Q ~ ~ ~ ~ d i a~ ~? ~ ~ ~ j r ~ ~ ~: v~ ~ ; aS ~ . ~ ; d rn ce ~ V c" Q ~ j a~ ~ r.. v1 ~ U ~ C/] ~ C/~ >, 't7 ' r. v~ ~; r~ O i . 1 V ~ O ~ ~ y ~ ,~ ~ ~ C!1 ~j b A d ~ ~ ° ~ ~ ~ ~ ~ ~ o ~ W w w U N ~ ~, ~, w U ~ ~ ~ x ~ w a1 ~ ~ 3 3 3 3 2 ~ ua z z r~i z z ~ ~ ~ ~ ~ 3 --+ O ~ ~ O ~-+ D1 O W N ~t 00 N O N O ~-+ '~ N r-+ ~ ~' N O O O M M ~ N O O O O M ~--~ 00 00 O ~ 00 ~ O [~ N N M N ~ ~ M O M N '-+ ~--~ [~ O~ ~ N ~ ~ N N N •-+ N M N M 1 ~ .. d a ° ~ '~ - ~ cCS 3 N ° O O ~ .~ .~ '~ N ~ ~ ~ N ~ ~ ~ ~ ~ O O O `"~ ~ ~ C/~ ~ in N .~ ~ ~ C C M '~ ~ N ~ ~ ~ .: U W W ~ a°' ~ ~ U w a a ~ ~ ~ Q ~ ~ v~ ~ d U ~, ~ ~ ~ A A A A 25Q-40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° 00 00 ~ o0 0o rr ~ ~ ~ ~ o0 o 0 0 ~0 0 0 ~o ~o ~ ~o ~a o0 0 ~ ~ ~ ~ rt ~ ~ [~ ~ ~ M ~ M M ~ M M ~ ~ ~ ~ ~' O V7 M N '-, 69 6R 69 b9 b4 64 69 69 6R 64 6R 6R O O O O O O O O O O O O O O O O O O O O O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a; 00 00 O~ 00 00 O~ O~ C~ O~ O~ O~ ~ N N M N N M M M M M ~--~ N ,~ M O FA H4 69 bR 69 69 b4 E!4 b4 69 69 69 ~ ~ ~ + + O ~ F ~ ~ ~ N N ~ ~ ~ ~ > ~ ~ ~ C%~ r-% O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , ~ . ~ ~ ~ w w . w w . w c~ ~ ~, v~ a 3 3 3 3 3 3 ~ ~" 3 3 O O O O O N ~ ~ •--~ vl O O O O O ~--~ ~O O O ~--~ O O O O O O 00 ~ ~ N ~ ~ ~ ~ GQ U ~ .~ ~ ~ ~ ~ o ~ pq ~ on ~ d ~ O ~ U ~ °o U :~ ~ ~ ~ ,~ c ~ ~ ~ ~"' v ~ ~"'' ~ ; o ~'' o ~ H U U U Q° ° ' Q x ° ' ~ H 3 ° i ~. ti M ~ ~ ~ [~ 00 a1 O ~--~ N ~ O O N ~ ~ N ~--~ 6~ C~ 3 0 x 6R 69 69 ~ y N .--~ M '~ .~ ~ ~.. ~ ~ O a> ~ ~ a~ ~ ~ v ~ H ' ~. ~ ~ ~ 3 ~ ,~ a~ ~ -~ ,~ o '--~ N M 25Q-41 M M 00 M ~ '-+ O O O C O 'j"., 69 69 b9 CAS O U ~ "~ o 0 0 `~ N O ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~ a" Q a" Q ~ ~ ~ b ~ d" ~ .~ ~ Q" ~ N ~' N ~ ~ N i ~ ~ ~ ~ a o c w ~, pa o o >, ~q o o >, h .o ~. o h bn o v v v ~ v '--, ~ ~ ~ U a w x a a a a a w ~ ~ . r . ~ N M 25Q-42 IV. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully three contracts performed by your company, which demonstrate your ability to provide services in accordance with the RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: City Of Santa Clar~to~itact Individual: Mr. Ron Fierro 23920 Valencia Blvd Address: Santa Clarita, CA Phone Number: ~ 661) 250-3737 Contract Amount: $22, 950/Month yam: On going Since 2000 Description of equipment and services provided: 1.3anitorial Service At 2 Large Sports Complex 2.Janitorial Service At 16 Locations Parks Restrooms. Reference No. 2 Customer Name: City Of Riverside 3836 Chestnut St. Address: Riverside , CA 92501 Contract Amount: $ 2 3, 5 2 0 /Month Contact Individual: Sonya Chavarria Phone Number: t 9 51) 3 51 - 61 2 2 yam: On going Since 2004 Description of equipment and services provided: 1.Janitorial Service At 11 Community Centers 2.Janitorial Service At 12 Locations Parks Restrooms Reference No. 3 Customer Name City Of Rialto 335 W. Rialto Ave. Address: Rialto, CA 92376 Contract Amount: $19,230/Month Contact Individual: Susanne Wilco$ Phone Number: ~ 909) 820-2525 ext .2062 yam,: On going Since 2007 Description of equipment and services provided: 1 Janmtorial Service At Vari~u~ City OwnPr1 R,,; lrl;.,g 2.Janitorial Service At 21 locations of Park Restooms 25Q-43 VI. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A. I/We have stated herein the services and fees that I/we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Bell Building Maintenance Co. Name of Contractor S gnature of Authorized Rep. (Person, Firm, Corp.) 5170 Sepulveda Blvd. Suite 180 Address Mr. Bruce M. Hwang Vice President OP Operations Name and Title (Please Print) Sherman Oaks, CA 91403 April 08,2008 Address (818)385-0790 Telephone Number Date (818)385-0730 Fax Number 25'~-44 ABOUT BELL BUILDING MAINTENANCE COMPANY Bell Building Maintenance is a minority, woman owned local company headquartered in the San Fernando Valley. BBMC has been in the business of janitorial services for 30 years. Our customers depend on us for top quality services and worry-free janitorial and related services. BBMC team is committed to providing value, superior customer service and protective, cost-effective, responsive solution. We pride ourselves on outperforming our competition on all levels and building long-term relationship with our customers. BBMC provides the highest industry standards of professionalism in Janitorial/Maintenance services for full range of commercial building, government facilities, electronics manufactures and other highly complex industries. Since it's incepted 30 years ago, BBMC has completed more than 500 of the service contract terms without failure and never been refused to renew the contract terms. We do have the handful list of clients who kept the our services more than 10 years like Sunkist, City of Santa Clarita, Teledyne Electronics, VDA property management Corp, Aroma Sports Complex, etc. At this time BBMC has 25 field supervisors, over 400 custodians and over 8 million square feet cleaned and services daily. The differences of BBMC with other service firms is the lower employee turn over rate and highly experienced team leaders. Majority of our supervisors has 10 years experience and 50% of custodians has minimum 5 years experience under BBMC employment. COMPANY PHILOSOPHY We at Bell Building Maintenance believe that in our service industry personal attention and responsiveness are the key to success. In the competitive Building Maintenance industry, the contractor that is best equipped to design, implement, and properly supervise each individual job, realizing the specific needs of each customer, is most likely to build last long term relationships. To achieve these long term relationship with each customer is the primary goal of the management of Bell Building Maintenance. WHATEVER IT TAKES Bell Building Maintenance is committed to doing "Whatever It Takes" to continue to be a leader in the Janitorial Industry. WHAT WE ARE ABOUT: '' Personal Attention "Superior Management * Competitive Pricing Long-Term Partnership * Honesty and Integrity '` Complete Safety Training * Quick Response Time * Motivated and Professional Employees 25Q-45 VALUE- ADDED SERVICES Based on our knowledge and experience in dealing with various type of facility maintenance, BBMC is very aware of the significance of the proper floor care and has developed advanced techniques and affiliated with nationally well known franchised professional services to supplement our facility service solutions, such as Marblelife, EnduraCrete, Gumbusters and Experts Window Wash. BBMC differentiates itself from other firms in our industry by our performance and ability to meet and exceed our client's specific expectations. BBMC will provide services according to the contract, but has the following value-added services that exceed our client's expectations. BBMC stands behind our services with a 100% service guarantee. • Complete Carpet Care including interim and restorative work. • Hard Floor Care such as strip & wax and sealing of floors including linoleum, terrazzo, natural wood, and quarry tiles. • Marble and stone floor care maintenance, polishing, and renovation.- MARBLELIFE • Concrete floor polishing, staining, and overlayments - ENDURACRETE • Restroom ceramic the and grout restorations.- MIDAS restoration system. • Gum removal on entry ways, sidewalks, and parking structures- machine and high pressure steam machine. 25Q-46 MANAGEMENT COMMUNICATION: Prompt and accurate transmission of information is vital to our client. The value of s management accessible communication network has been demonstrated many times when client emergencies have demanded immediate action to prevent and minimize potential losses resulting from mechanical failure, natural disasters or deliberate sabotage and vandalism. We utilize the latest technology to keep a strong and immediate connection between all of our buildings and supervisors. SUPERVISION: BBMC feels that our supervisors are the most important part of our employee training program. In the final analysis, the supervision of our employees and the careful attention to detail that our supervisors are taught to bring to their responsibility will make the difference for our client. Each supervisor remains in constant communication with management and employees to keep the team approach we value for continued success. JOB ASSIGNMENTS AND WORK LOADING: BBMC will provide qualified supervision to assume responsibility for personnel while performing the services as outlined in the cleaning schedule. All Supervisors are on-site working supervisors and when assigned to the account will be thoroughly briefed on all specifications and requirements. One supervisor will be responsible for 3 working teams and approximately 300,000 cleanable square feet. I SUPERVISOR I TEAM LEADER I I TEAM LEADER I I TEAM LEADER 2 CUSTODIANS I I 2 CUSTODIANS I I 2 CUSTODIANS ASSIGNED S/F: 100,000 I I ASSIGNED S/F: 100,000 I I ASSIGNED S/F: 100,000 A four-person team (1 Leader with 2 custodians) utilizes their experience in organizing the work program for your facility : Project Manager, Quality Control, and On-site Supervisor whose direct responsibilities of the facility wilt be * Work specifications, density of building, physical layout, and time constraints. This team structures a plan for cleaning the facility, then fits people into the plan by making the most effective assignments possible. * Each assigned custodian is then trained to perform their assignment (Train Program) The objective is thoroughness and efficiency, so that custodian is trained in a system and is taught to use methods developed and proven by BSCAI (Building Services Contractors Association international ). The custodian is made familiar with total work specifications as well as the individual requirements of his/her assignment. 25Q-47 QUALITY CONTROL Our Quality Control (QC) Plan is based on its existing QC program in place at other projects 8 accounts. The plan is always tailored to meet the unique project quality requirements of each client. Our QC plan has several unique features to ensure maximum cleanliness levels in all areas of the building. Expanded inspections cover areas that have been serviced and those that have not. The Project Manager will inspect both types of areas to ensure that quality levels are achieved in serviced areas and that the frequency of service is adequate to maintain cleanliness levels between servicing. Trend analysis which is based on customer questionnaires and project checklist is used to identify degradation in project services before deficiencies occur. BBMC will make systematic changes in cleaning schedules, staff assignments, cleaning procedures, and service frequency to maintain quality and improve productivity. Inspection schedules are tailored for each building to ensure complete coverage of executive and high-traffic areas. Each area of facility will be formally inspected at least twice each month. Heavy used public areas will receive even more frequent inspections. Project inspection will be augmented by significant corporate support and on-site quality audits. Cursory inspections are performed daily. A detailed plan and procedures for verifying performance will be implemented. It is designed to ensure that all project functions are monitored and that every building is inspected to ensure that quality requirements are being met. In formulating the inspection schedule, the Project Manager will ensure that all areas in all covered facilities are inspected each month, and that the work of each custodian is also inspected. This inspection approach will prevent deterioration at infrequently serviced area and will enable an optimum allocation of resources. INSPECTION AND SUPERVISION We assign a dedicated BBMC supervisor to each facility to perform on-site inspection and to handle all aspects of the cleaning schedule and all workers are responsible to him/her. Alternatively, a foreman is assigned to act as temporary supervisor in the absence of the supervisor. Supervisors are trained in human relations and employee motivation. Staff uses computer generated "work tickets" to schedule and follow-up on periodic work such as carpet care and stripping floors. BBMC conduct periodic customer satisfaction survey to ensure that our customers are getting the best possible service and the value from our program. With our supervisors available for on-site inspections and decisions, BBMC is capable of making a "quick response" decision without consulting our main office and most emergency situation can be handled in a timely manner. 25Q-48 PASSIVE INSPECTION AND FOLLOW-UP Our on-site supervisors are specifically instructed to maintain a direct communication with our customers. BBM supervisors and the crews maintain a communication log with each customer and are required to check the log at the start of every assignment. Each assignment starts with a check on the log, and should there be any complaint or comment written, they are required to respond both in document and in action, so that the customers know that the request has been read and was addressed accordingly. For all other emergency situations and requests, there is a 24-hour customer service hotline at BBMC that provides access to supervisors and managers and immediate responses. QUALITY CONTROL ENFORCEMENT In addition to discussing quality control, we will also explain how we intend to control the quality in your facilities. At BBMC, Quality control is the cornerstone of our cleaning program. The reducing of cleaning concern allows management personnel to effectively and efficiently addresses the issues. Controlling quality is a combined effort by our entire management's staff. It consist of facility inspections, corrective action reports, facility rating reports, client logbook, client liaison meetings, and above all, our ability to communicate with your representative. GENERAL INSPECTION INFORMATION: The inspection of an area is performed at three different time periods, for two different reasons. The results of each of these inspections will provide us with information that we can use to strengthen the service we provide for your facility. 1. INSEPCTION DURING NORMAL BUSINESS DAY Inspecting during the daylight hours allows us to see the cleaning through your eyes. We are able to note stains and spots that are not always noticeable under artificial light. 2. INSPCTION DURING CLEANING HOURS Our Managers inspect the work while it is being performed. Observation of our cleaners and service workers insures the most efficient technique is constantly being utilized and that all schedule tasks are being addressed. Oversights and mistakes are much easier to correct when the cleaners can be observed actually performing their duties, and we find this an excellent time to correct cleaning technique. 3. INSPECTION AFTER CLEANING HOURS We find that randomly inspecting after completion of the work provides us with an excellent overview of the cleaning and enables us to have a valuable perspective of how the building will look when your employees and/or tenants arrive. 25Q-49 CORRECTIVE ACTION REPORT: The Corrective Action Report is perhaps the simplest report we use. It is designed to allow our management to demonstrate to a cleaner or another manager errors which require correction. The form is basically made up of three sections. The first outlines the problem. The second section details the action needed to be taken to correct the problem. The third outlines follow- up inspection of the cleaner to insure that the problem is not repeated. Quite simply it shows; The problem, the Solution, and What Training needed. Simple perhaps, but a most important part of our overall program to control quality. THE LOG BOOK In order to allow for an open communication between our management and your Management, we will provide a logbook in your office. The book will be available to record messages that can be directly answered by our Site Supervisor. Using the system you will know the answers to your concerns first thing in the morning provided directly from our manager. CLIENT LIAISON MEETINGS These meetings are most valuable and necessary. They provide management, yours and ours, interaction. In this way, lines of communication are kept open, insuring the mutual participation of all involved parties. QUALITY CONTROL CONCLUSION As previously stated, BBMC believes that management is the cornerstone of a successful cleaning program. We have developed a program for your facility that will provide you with the necessary management and Quality Control procedures to insure the continual success of the cleaning program. This success is not based on one opinion or one form of inspection. The secret of BBMC success is in the combination of the programs outlined in this proposal. This approach permits us to control the expected cleaning standard. 25Q-50 SUPERVISOR'S REPORT • REPORTED BY : DATE: • TIME IN : TIME OUT CONFIRM MEMOS : # # # # UNCONFIRM MEMOS : # # # # .- ~ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. * (SEE ATTACHED INSPECTION REPORTS ) ~ ~ ~• BUILDING EQUIPMENT NATURE OF PROBLEM DAMAGE & ACCIDENT REPORT • BUILDING TIME WHERE/ HOW IT OCCURRED ACTION FOLLOWED SPECIAL JOB COMPLETED BUILDING DESCRIPTION OF JOB MATERIAL USED 25Q-51 QUALITY CONTROL INSPECTION FLOOR INSPF(:TC~R AREA DATE ~ TIME AREA /CHECK ITEMS QUALITY LEVEL RATING REMARK Excellent Good Poor OFFICE AREAS Dustin 6 4 2 Vacuum / Swee , Mo 6 4 2 Floor Car t o earance 6 4 2 Furniture /Desk To s 6 4 2 Doors /Partition Glasses 5 4 2 Air Vents / Li ht Fixtures 4 3 1 Walls /Corners 3 2 1 Wastebaskets / Rec clin 4 3 1 CATEGORY TOTAL 40 LOBBIES & CORRIDORS Doors /Door Glasses /Windows 2 1 0 Drinkin Fountains 2 1 0 Entrance Areas 2 1 0 Rece tion Area /Furniture 2 1 0 Floors Car ets A earance 3 2 1 Air Vents / Li hts Fixtures 2 1 0 Urns & Rece tacles 3 2 1 Floor Mats /Stair Was 2 1 0 Walls /Baseboards 2 1 0 CATEGORY TOTAL 20 RESTROOMS I SHOWERS (IF ANY ) Dis ensers & Containers 3 2 1 Toilets /Urinals 3 2 1 Wash Basins 3 2 1 Faucets / Plumbin Fixtures 2 1 0 Floors /Tile Grouts 3 2 1 Corners /Baseboards /Floor Drains 3 2 1 Walls /Partitions 3 2 1 CATEGORY TOTAL 20 BLDG. EXTERIOR Sidewalks 2 1 0 Patio 2 1 0 Exterior Windows 2 1 0 Parkin Lot 2 1 0 CATEGORY TOTAL 8 LUNCH & BREAK AREAS A liances /Cabinets 2 1 0 Tables /Chairs 2 1 0 Floors / Floor S ots 3 2 1 Sinks /Counter To s 3 2 1 Walls & Doors 2 1 0 CATEGORY TOTAL 12 25Q-52 ROUTINE SERVICE DAILY CHECKLIST Routine Cleaning duties are listed to assure consistency and completion of all tasks everyday. BUILDING LEVEL AREA /ITEMS WORK DESCRIPTIONS AREA /ITEMS WORK DESCRIPTIONS BLDG. EXTERIOR LUNCH /BREAK AREA Ent wa Swee ,Trash Table Clean, Polish Doors Glass, Handle, Frame Chair Clean, Position Urns ,Trash Em t , Sink Clean, Polish Patio, Sidewalk Swee ,Debris Counters Clean, Polish Parkin Lot Swee , Debris, S ots A liances Inside, Outside LOBBY CORRIDORS Led es Corners, Baseboards Led es Corners, Baseboards Windows Sot, Frame, Sills Stairwa s Ste s, Landin ,Hand Rail Walls Sot, Hi h Dustin Elevators Wall, Track, Floors Doors Frame, Window, Handle Walls Sot, Hi h Dustin ,Vents Fixtures Li ht, Metal, Directo Floors Vacuum, Mo ,Sot Floors Vacuum, Mo ,Sot OFFICE AREAS RESTROOMS Car t Vacuum, Corners, S ots Toilets, Urinals Clean, Sanitize Hard Floors Swee , Mo ,Corners Sinks Clean, Polish Desk To s Dust, Wi a Clean, S ots All Su lies Fill u to full Furniture Clean, Dust, Polish Stalls, Walls Clean, Remove Graffiti Hi h Dustin To s of Divider, Cabinet Mirrors Clean, Frame, S of Conference Rm Table To ,Chairs Trashcan Em t ,Sanitize Trashcan Em t ,Sanitize Walls Clean, Dust, S of Showers if an Floor, Wall, Drains W EEKLY CLEANING DUTIES DAILY CLEANING DUTIES Hi h Dustin Vents, Corners, Li hts Trash Em t all Waste Baskets Baseboards Wi a down Walls Sot Clean Detail Clean Restroom Stalls, Fixtures Car ets Vacuum, Remove S ots Floors Machine Polish, Scrub Floors Swee ,Dam Mo DATE: CLEANED BY NOTES: 25Q-53 JANITORIAL INSPECTION REPORT File Number LOCATION BLDG. NAME DATE OF INSPECTION ADDRESS CITY REGION THE REQUIRMENT BELOW ARE BASED UPON THE JANITOIRAL SPECIFICATIONS The entire premises both interior and exterior are to be inspected to assure compliance with contract spec cations. Record findings below and take action as appropriate to correct all unsatisfactory conditions. DESCRIPTIONS 1 2 3 4 DESCRIPTIONS 1 2 3 4 1. Entrance, Lobb , Rece tion Area 14. Teie hone 2. Ent Doors & Door Glass 15. Conference Room 3. Ent Wa s & Walk-Off Mats 16. Wastebasket and Liners 4. Fumiture Dustin 17. Stairs & Rails 5. Desk To s 18. Lunch & Break Rooms 6. Low Dustin 19. Restrooms -Women's 7. Hi h Dustin 20. Restrooms -Men's 8. Air Vents Below 10 ` 21. Su lies 9. Partition Glass 22. Janitor Closet 10. Office Doors & Kick Plates 23. Exterior Trash Rece tacles & Sidewalks 11. Vacuumin 24. Parkin Lots 12. Ca et S ots, Chewin Gums 25. A arance of Custodians 13. Hard Floor SUB TOTAL SUB TOTAL TOTALS / 100 PERIODIC SERVICE CODITION Hard Floors U holstered Furniture & Ca et Sham ooin Wood Furniture Polishin and Grime Removal Li ht Fixture Cleanin , Hi h Dustin ,Air Vents Machine Scrub Restroom Floors Exterior Window Washin 1 -NEEDS IMMEDIATE IMPROVEMENT 2.- UNSATISFACTORY 3.-SATISFACTORY 4. -EXCELLENT ( 55-74%) (75-90%) (91-100%) MSDS SHEETS YES ( ) NO ( ) SPEC'S YES ( ) NO ( ) DAILY CHECK LIST: YES ( ) NO ( ) COMMENTS BY INSPECTOR SUPERVISOR SIGNATURE DATE TELEPHONE NUMBER COMMENTS BY FACILITY MANAGER OR CLIENTS REPRESENTATIVE SIGNATURE DATE TELEPHONE NUMBER 25Q-54 QUALTY CONTROL MONTHLY EVALUATIONS Ruildina Floor Level MAXIUM MINIMUM JAN FEB MAR APR MAY JUNE SCORE SCORE LOBBY / 10 7 CORRIDOR OFFICE AREA 40 21 ELEVATOR / 10 7 STAIRWAY RESTROOM / 20 14 LOCKER ROOM CAFETERIA / 10 7 BREAK AREA BLDG. EXTERIOR 10 7 PARKING LOT 100 70 TOTAL QUALITY LEV EL BY MONTH MAXIUM MINIMUM JULY AUG SEPT OCT NOV DEC SCORE SCORE LOBBY / 10 7 CORRIDOR OFFICE AREA 40 21 ELEVATOR / 10 7 STAIRWAY RESTROOM / 20 14 LOCKER ROOM CAFETERIA / 10 7 BREAK AREA BLDG. EXTERIOR 10 7 PARKING LOT 100 70 TOTAL QUALITY LEV EL BY MONTH REMARKS: 25Q-55 " HOT ZONE " QUALITY CONTROL, INSPECTION PROCEDURE BBMC Administrative Support and Quality Control Team will declare a "HOT ZONE "for an area That has constant scope deficiencies and where the Project Manager will begin focusing. SUPERVISOR. BBMC will provide thoroughly trained additional On-Site Supervisor. Supervisor will be physically located during normal work shift, Monday through Friday so that such is readily available to deal with the day-today operation of the contract. Supervisor shall be knowledgeable in all aspects of the contract service operation and will monitor each individual custodian's performance and conduct re-training process if it's necessary. DAILY, WEEKLY INSPECTION. Supervisor will walk through with check list and will conduct Daily /Weekly inspection and fill out the form at the end of the week ( Friday ). UNSCHEDULED INSPECTION. Quality Control will conduct unscheduled inspection during normal working hour at least once a week or more often if necessary and make a report to the Project Manager. The purpose of unscheduled inspections is to make sure all the tasks and services are being performed in an acceptable manner and to identify deficiencies in the quality of service performed before the level of service becomes unacceptable. Where a deficiency has been observed, Quality Control will notify to the Project Manager for immediate resolution. FOLLOW-UP INSPECTIONS. Quality Control will conduct Follow-up inspection of all work found to be deficient on the initial inspection. Quality Control will notify to the Project Manager on any item found to be defective on this second inspection. Deficiencies found on this second inspection will be corrected immediately. WORK SUMMARY REPORT. A Weekly Summary report will be turned in to the Facility Manager on the first work day of the week indicating all completed or in-progress work and any corrective action taken. 25Q-56 INSPECTION COMPLETION FORM File Number ( This form is intended for inspections with unsatisfactory scores & "HOT ZONE "area ) SERVICES AREA LOCATION NAME ADDRESS INDICATED BELOW ARE ITEMS THAT WERE FOUND UNSATISFACTORY ON : DATE PLEASE RESOLVE THESE ISSUES IMMEDIATELY ! REQUESTED BY DATE: DESCRIPTIONS DONE DESCRIPTIONS DONE Entrance, Lobby, Reception Area Telephone Entry Doors & Door Glass Conference Room Entry Ways & Walk-Off Mats Wastebasket and Liners Furniture Dusting Stairs & Rails Desk Tops Lunch & Break Rooms Low Dusting Restrooms -Women's High Dusting Restrooms -Men's Air Vents Below 10 ` Supplies Partition Glass Janitor Closet Office Doors & Kick Plates Exterior Trash Receptacles 8~ Sidewalks Vacuuming Parking Lots Carpet Spots, Chewing Gums Appearance of Custodians Hard Floor PERIODIC SERVICES DESCRIPTIONS DONE DESCRIPTIONS DONE Hard Floors Upholstered Furniture & Carpet Sham ooin Furniture Polishin and Grime Removal Li ht Fixture, Hi h Dustin ,Air Vents Machine Scrub Restroom Floors Exterior Window Washin COMMENTS SPERVISOR SIGNATURE DATE TEL PLEASE FAX TO BBMC AT (818) 838-6848 IMMEDUATELY AFTER INDICATED ITEMS HAVE BEEN COMPLETED 25Q-57 RESQLUTI~N TQ QUALITI( PROCESS Bell performs JPL informs BeN reviews is identified the work order I~P~O YES Beli of the the cause of and a work and ir>forms Is the work work orders the deficiency order is issued JPL of the completed satisfactory ark installs the for a corrective completion satisfactorily? completion controls to stop action it from recurring wo Bell identifies the reason forthe failure and perform the work order again Bell (1) investigates further, (2) identifies the issue, (3) install nspecti°n. YEs corrective action ~© Is the work X (including retraining) completed aril (4) complete me satisfactorily? work order to the level acceptable m JPL 25Q-58 THE IMPLEMENTATION PLAN SITE REVIEW Upon notice of contract award, our company will do a complete site review of the property. FACILITY MANAGEMENT MEETINGS A successful start-up plan is based upon establishing good client rapport and developing clear lines of communication, such as methods of report. LINES OF COMMUNICATION To maintain good working relations and provide a responsible service, BBMC must establish open lines of communication. We will provide all pertinent telephone numbers of project responsible personnel for service requests and emergencies. SUPPLIES AND EQUIPMENT Supply and equipment needs will be specifically determined and purchase orders will be placed with our vendors. Equipment and storage areas will be determined. PRE-OPERATION PROCEDURES When above four steps has been accomplished; 1. Janitorial crews wilt meet with the facilities personnel to introduce themselves. 2. Tour of the project facilities will be conducted. 3. Identify special security considerations and coordinate security and operation procedures. 4. Inventory all supplies and equipment as received and distributes to appropriate areas. 5. Inspection sheet made, if necessary 25Q-59 HARD FLOOR CARE Floors are one of the most visible areas in any facilities and much of maintenance effort is judged on their appearance. Bell Building Maintenance Company's Floor Care Program effectively deals with the five essential aspects of floor maintenance. 0 Sealing / 0 Finishing / 0 Cleaning / 0 Maintaining / 0 Stripping Here are a few of our Floor Care Program procedures and plans that will deliver a brilliant level of shine and cleanliness on a consistent basis. ^ Use quality products -only uses John Wax and other high quality products. ^ Use the right equipment. ^ Clean floor promptly -Use high performance detergent floor cleaner that lifts the dirt and leaves the shine. Remove stains, spills and deposits on a daily basis. ^ Establish a work schedule and follow through. ^ Rinse out mops immediately after use and hang them up to drv. ^ Prevents buildup -Prevent finish build-up by machine buffing floor regularly, which help maintain a smooth, deeper shine and durability. 25Q-60 ^ Strip properly -Use highly effective floor finish remover to remove build-ups, and fast-acting foams to spray on baseboards and in corners. CARPET CARE The bulk of carpet soil lies below the pile surface. This hidden soil contains rough surfaces, which may scratch the carpet fibers. The abraded areas will appear dull -apparent soil -and may trap soil particles. If this abrasion continues, loss of fiber in traffic lanes may occur and carpet life may be reduced substantially. Bell Building Maintenance Company's Carpet Care System is designed to improve the condition and appearance of every carpet in your facility. BBMC uses professional carpet maintenance products along with our specific carpet cleaning system to produce the best results. .- ' _ ~ ~~ ~. w„- ,~ ~~ ~: ~, '4'. 25Q-61 RESTROOM CARE Restroom area is one of the most widely used areas in any facility. The following are common issues and concerns heard frequently: • Unpleasant odors. • Dirty floors. • Unclean toilets and urinals. • Dirty sinks and mirrors. • Empty soap and paper dispensers. Other important consideration is invisible -Disease and odor-causing bacteria. Keeping restrooms clean and sanitized is a major challenge for this industry. Bell Building Maintenance Company developed professional restroom care system effectively deal with the six essential aspects of restroom maintenance. • Floors and Walls • Toilet Bowls and Urinals • Sinks, Mirrors and Fixtures • Hand Care • Air and Odor Care • Shower Rooms All these areas require special attention and special care. BBMC has virtual capacity to clean, sanitize and freshen even the most unpleasant restroom into a clean and safe environment. SPECIAL SANITATION BBMC provides daily services to more than 40 health care facilities through out South California. Our experience and expertise assures you that we use only proven, tested products, systems and procedures to keep cafeterias, kitchens, washrooms, showers and locker rooms clean and sanitary. 25Q-62 TRANSITION PLAN Bell Building Maintenance Company integrates its service seamlessly to a new client's work environmental through complete planning and failsafe implementation. We understand the importance of our clients' work, and we strive to minimize initial interruptions and to exceed our client's performance expectation by administering detailed transition plan and by fine tuning our service to client's needs during the transition period. The transition team is comprised of the following members • Director of Operations • Contract Manager • Quality Assurance Manager • Human Resources Manager • On-Site Operation Manager The steps in transition are as follows: 1. Survey client's janitorial needs by analyzing RFP, site inspection and meetings. 2. Define a set of performance standards. 3. Develop a customized operation plan and transition timelines. 4. Execute the plan. according to the timeline. 5. Discuss and get feedback from the client regarding completion of the transition steps to adjust the service implementation. PERFORMANCE STANDARDS Performance standards for providing custodial and related services are: 1. High Quality Service- Maintain level of cleanliness for all facilities at "as new, just opened" appearance. 2. Open and Cooperative interaction -Engage in active dialog with property management to handle changing janitorial needs and service mishaps. 3. Proactive Quality Control -Apply preventive, as well as corrective actions to improve the service quality. 4. Supportive Partnership -Provide custodial services with respect for the important and complex work being performed, as part of the client's team. 25Q-63 OPERATION PLAN During the transition period, it is imperative that we as a service provider get the complete view of the client's service need, to design the operating plan that will best serve the client. We do this by following: 1. Verifying contract requirements -Contract Specialist and the Operation Manager, along with other members of the transition team walk through the facilities to reconcile the previous service specification and the perceived needs. Based on this walk, service modification is recommended. 2. Designing services -Internal work statements, equipment lists and labor allocation is completed based on the verification. 3. Establishing staffing plan and management organization -based on work amount and special services, service areas are divided and reporting structure is formed to maximize the labor utility and information flow. Supervisor/key staff training - Prior to custodial staff training, on-site managers and customer service representatives are thoroughly debriefed on safety, service requirements and organizations, so that they can design initial and monthly training program. 4. Custodial, safety and security training -manuals are compiled with respect to applied technology, Cal OSHA and SCAQM, and training program is design to maintain janitorial crews in their professional best. Based on the operation plan wrought during the transition period, implementation timelines are set. TANSITION TIMELINES Our Transition plan begins 30 days before the start of service to establish goals, design the job schedule and identify customer needs. • Gather facility information, complete site specification review. • Walk entire facilities with transition team management noting special attention area and need improvements. • Formulate initial work schedule. • Select Contract Manager. • Initiate search for On-site supervisors. • Generate procurement list for supplies 8~ equipment. • Notify the incumbent company of the new contract pending, and ask for their current employee list. 25Q-64 ~'~yY.~~i;~~ Y • Establish work schedule and staffing -Review all work requirements, density of building, physical layout, and time constraints, structures a plan for cleaning the facility, then most effective work flow possible. • Establish start-up special crew - BBMC will furnish additional experienced start-up special crew to assist the Contract Manager and On-site supervisors for trouble free start and to improve work quality during the first 30 days of start up period. • Review and revise Safety Program to site-specific. • Complete transfer of the certificate of Insurance. • Debrief On-site Managers and Customer Service representatives on details of the service plan and employee training. • Site office setup ~I ' .~ ... __.____ ___ _ _____ _ __ __ _ ._. _____. __.~ ~~,.._____, i • Review equipment, supplies and submit MSDS sheets for chemical used on-site. • Introduce Contract Manager and On-site Supervisors to Property Management. • Interview for all positions incumbent employees fro employment. • Conduct initial training with hired incumbent workers and new employees to introduce company rules, safety program, working rules, emergency contact number, etc. • Review trash removal procedures including recycling program. • Organize all equipment and supply storage. • Set delivery time for supplies and equipment. • Introduce Bell Building Maintenance Custodial Staff to Property Management. • Review keying/security procedure. • Review janitor log book implementation. • Set up daily, periodic work schedules and inspection schedules. • Deliver and confirm emergency phone list, and customer service guideline. • Perform a test run of communication system, software and emergency response system. 25Q-65 • Transition Team, On-site Supervisory Staff and Start-Up Taskforce Crew assemble at building for initial cleanup assignment, last minute adjustment and regular crew augmentation. • Preparation for arrival of crew and commencement of cleaning. Contract Manager meets with Property Manager regularly. "` Operation Manager performs regular inspections. • Start-up special crew improve work quality and perform restorative initial clean. '' Operation Manager's formal inspection with Property Manager. 25Q-66 Exhibit "C" ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, and the City of Santa Ana, located at 20 Civic Center Plaza, Santa Ana, California 92701; and their respective officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 25Q-67 Exhibit "D" Date Name of person with ultimate authority Contractor's Name Address City, State, Zip Dear: JGp,?10/y F' 4i~ ~5.1 ( ,,,III '~ ~ ~- On (date, time) Contractor failed to perform work specified in the City of Santa Ana contract specifications as outlined below: 1 Location: Spec Section: A. Labor: Class Rate QTY Sub-Total 0.00 0.00 0.00 B. Equipment: C. Materials: Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REDUCED FROM MONTHLY INVOICE FOR FAILURE TO PERFORM 0.00 According to the contract specifications the Executive Director's Representative determines all maters concerning the Contractors failure to perform to the specifications. Should you wish to appeal this matter you may do so by submitting in writing a letter to the Executive Director's Representative, the Park Superintendent, within seven calendar days from the date of this letter. Your appeal will be given serious consideration and you will be contacted with the final decision. Respectfully, Name of Supervisor/Manager Title CC: Maricruz Chavez Robert Carroll Contractor's AR 25Q-68 CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this 23 day of May, 2008 by Merchants Building Maintenance (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the RFP (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit "B" hereto) attached to this Agreement. Contractor will provide janitorial services in Districts 1 and 2. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 25Q-69 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit "B". The total sum to be expended under this Agreement, shall not exceed the annual amount of $92,823 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on May 22, 2010 unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $92,823. Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance 25Q-70 shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £ If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, 3 25Q-71 or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which, due to the nature of such information, is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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: 4 25Q-72 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 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Contractor: George Rodriguez Merchants Building Maintenance 1639-C Edinger Avenue Santa Ana, CA 92705 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 5 25Q-73 terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications, Exhibit "A" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit "D" hereto). 6 25Q-74 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 7 25Q-75 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By Jose Sandoval Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director, Parks Recreation and Community Services Agency 8 CITY OF SANTA ANA: DAVID N. REAM City Manager CONTRACTOR: By: TITLE)_ Tax ID # NAMEI 25Q-76 Exhibit . A.. REQUEST FOR PROPOSAL RFP NO. 08-021 PRCSA FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS KEY RFP DATES: Issue Date: March 18, 2008 Pre-proposal Conference: March 27, 2008 Proposal Due Date: Apri110, 2008 25Q-77 REQUEST FOR PROPOSAL Notice is hereby given that proposals will be accepted for providing janitorial services for City of Santa Ana park restrooms, at the Parks, Recreation and Community Services Agency headquarters building, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA, 92701 until 5:00 p.m., April, 10, 2008. If further information is required, please contact Robert Carroll via a-mail rcarroll~a~,santa- ana.org or phone, (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2°d Floor Santa Ana, CA 92701 Attn: Robert Carroll If mailed, it is the responsibility of the proposer to see that any mailed proposal shall have sufficient time to be received by the Accounting and Budget Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25Q-78 I. GENERAL TERMS A. RFP TERMS AND CONDITIONS PROPOSAL SUBMISSIONS Proposals must be submitted to the Accounting and Budget Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 08-021, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the contractor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Accounting and Budget Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Contractor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Exhibit A. Proposal should take into consideration the evaluation criteria included in Section III and should not exceed 20 pages. • Proposals should include job qualifications of key contract staff including general manager, superintendent, supervisor, and lead maintenance workers. • Completed Contractor's References form (Section IV); • Completed Proposal Summary and Deviations from Specifications form (Section V); • Signed Proposal Form (Section VI); • Exhibits B, C and D are for reference only, but will be required when the contract is awarded to the successful contractor. Contractor must submit one original and eight (8) photocopies of each proposal offered. 5. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. The City also reserves the right to enter into agreements with one or more contractors to complete the scope of this RFP. 6. AGREEMENT Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with any, 25Q-79 all, or none of the contractors for atwo-year period, with the option of extending the agreement for two additional two year terms. 7. SELL OR ASSIGN The successful contractor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1%) preference will be applied to all bids for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All bids shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL CONTRACTOR The terms vendor, supplier, proposer, or contractor maybe used interchangeably in these specifications and shall refer exclusively to the contractor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll@santa-ana.org. 13. E-MAIL COMMUNICATIONS To facilitate the request for proposal process, contractors are required to monitor and respond to a-mail requests on a daily basis. 14. PRE-PPROSAL CONFERENCE AND JOB WALK A mandatory pre-proposal conference and job walk will be held on Thursday, March 27, 2008 at 8:30 a.m. in the Parks, Recreation and Community Services Agency headquarters building large conference room, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA. The pre-proposal conference will last approximately one hour. Immediately following the pre-proposal conference, staff will conduct a job walk to view some or all of the restrooms covered in the RFP. Please RSVP to Robert Carroll by Monday, March 24, (714) 571- 4218. 4 25Q-80 15. PRE-QUALIFICATION PROCESS In addition to submitting all documentation required in this request for proposal, contractors may also be required to demonstrate their ability to successfully perform the type of maintenance work contemplated by this request for proposal, including but not limited to providing an adequate number of staff, suitable equipment and materials as determined by the Director's representative. 16. BONDING Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 17. REVIEW OF JOB SITE The Contractor shall be held responsible for carefully reviewing the sites and verifying all areas of work, prior to proposal submittal. The City recommends reviewing the sites during the busier evening and weekend hours to better understand the traffic that these facilities experience. II. SCOPE A. RESTROOMS AND FACILITIES The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform quality janitorial services at various park restrooms listed in Section V.A. Park Restroom Services. 1. QUALITY ASSURANCE The contractor's location supervisor shall inspect all areas weekly under this agreement and sign a weekly custodial logbook, which the City may review on a weekly basis. This logbook shall include all items required in the weekly service section of the specification. The contractor is required to ensure that all supervisors and staff are thoroughly trained in the implementation of this spec. New staff shall be trained in the specification before being deployed into the field to complete this specification. The contractor shall provide names of staff and crew leaders assigned to this contract, and the facilities they services, and shall inform the City when staff changes. 2. AGREEMENT START-UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide aone-time start-up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality 25Q-81 of janitorial maintenance to the level specified in the agreementlspecifications. Following the Contractor's start-up at each building/park restroom, the City representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start-up period the Contractor has not completed the start-up service to the satisfaction of the City's representative, the City shall withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will provide the Contractor with a report on start-up work deficiencies, and the Contractor will have three days to correct all start-up deficiencies. 3. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his/her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re-keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re-key the whole facility is solely that of the City's representative. 4. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be famished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. 5. SUPERVISION AND SAFETY The contractor shall be responsible for the supervision and direction of the work performed by his/her employees and shall at all times provide afull-time manager or supervisor on the premises to carry out the responsibility. The manager or supervisor shall have the authority to act as agent for the Contractor in his/her absence and shall be fully qualified to implement the contract specifications. The contractor shall be responsible for instructing his employees in all safety measures. All equipment used by the contractor shall be maintained in safe operating condition at all times and free from defects or wear which may constitute a hazard to any persons. All employees will wear proper personal protective equipment while working on City premises. Contractor's 6 25Q-82 supervisors shall be literate and conversant in the English language because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. Contractor's supervisors shall also be capable of communicating fully with all employees in the event they do not speak English. The Contractor shall comply with and ensure that the Contractor's personnel and subcontracted personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health. The Contractor shall provide or cause to be provided all training, technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor. The Contractor shall provide all necessary barricades, signs to indicate safety conditions, detours and yellow safety caution tape as necessary to provide a safe environment. The City may require the removal of any of the contractor's employees who are found to be incompetent, careless or insubordinate; or appears to be alcohol or drug impaired or poses a safety risk. The Contractor shall provide an emergency telephone number where he can be reached during normal operating hours and a telephone number where he can be reached after normal operating hours. 6. REMEDY FOR FAILURE TO PERFORM REQUIRED SERVICE Should the contractor fail to perform in accordance to the agreement, the City may withhold a portion or all of the contractor's payment for work not performed for each inspection. This estimate is solely determined by the City, and may be based on the costs submitted by contractor in Section V.A. B. Specialized Services. The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 7. DAMAGE TO CITY PROPERTY Damage or theft of City property resulting from Contractor's performance of the work or negligence shall be repaired immediately by the Contractor or the damage will be repaired by the City at the Contractor's expense, if the Contractor fails to remedy such damage promptly. A written report of the loss and cause of damage must be submitted to the City in writing 24 hours of occurrence 8. METHOD OF PAYMENT The vendor will be paid monthly in arrears for his/her services after verification of completion of work and receipt of invoice. Payment terms will be net 30. 7 25Q-83 9. BONDS Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. III. EVALUATION OF PROPOSALS The response to this Request for Proposal should contain documentation of contractor's credentials and expertise in this field. Consideration will be given to contractors with demonstrable and documented experience in similar work. The responses received will be reviewed by an evaluation committee established by the Administrative Services Division of the Parks, Recreation and Community Services Agency. The successful proposal will be based upon cost competitiveness and the qualifications of the contractor submitting the proposal. The bids will be evaluated based on the following criteria: Capability and Experience of Contractor 25% 1. Ability of contractor to obtain the staff and equipment necessary to perform specifications 2. Training and safety precautions taken to perform specifications 3. Contractor's financial ability to provide uninterrupted custodial services throughout the term of the agreement 4. Experience of lead worker and maintenance staff assigned to the contract 5. Experience of supervisory and management staff assigned to the contract Past Performances 25% 1. Past record of performance on contracts with other cities, governmental agencies or similar organizations, including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Acceptable, verifiable references and site reviews Cost of Proposal 50% 1. Cost of base proposal 2. Cost ofadd-on locations 3. Cost of specialized services FOLLOW-UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll~santa-ana.org or by phone at (714) 517-4218. 25Q-84 IV. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully three contracts performed by your company, which demonstrate your ability to provide services in accordance with the RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. Customer Name: Address: Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 2 Customer Name: Address: Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: Reference No. 3 Customer Name: Address: Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: 9 25Q-85 V. PROPOSAL SUMMARY AND DEVIATIONS FROM SPECIFICATIONS Contractors must provide costs for maintaining each of the parks restrooms, optional add-on locations, and service categories included below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Contractors must also list all deviations from specifications, if any. The 26 park restrooms included in Section A will serve as the basis for proposal evaluation, however, costs of specialized services in Section B will also be considered. The City may, at its sole discretion, choose to award contracts to up to four contractors, one for each District. PeRK RF.CTRn(lM SF.RViCES vPark Address Cost/Mo. Cost/Yr. Deviations District 1 1 Campesino 3311 W. Fifth St. 2 Edna 2140 W. Edna Dr. 3 El Salvador 1825 W. Civic Center Dr. 4 Riverview 1817 W. 21st St. 5 Rosita 706 N. Newhope St. District 2 1 Angels 914 W. Third St. 2 Cabrillo 1820 E. Fruit St. 3 Fisher 2501 N. Flower St. 4 Logan 1009 N. Custer St. 5 Portola 1700 E. Santa Clara Ave. 6 Santiago "A" 2535 N. Main St. 7 Santiago "B" 2535 N. Main St. District 3 1 Delhi 2314 S. Halladay St. 2 Madison 1528 S. Standard St. 3 Memorial 2102 S. Flower St. 4 Sandpointe 3700 S. Birch St. District 4 1 Adams 2302 S. Raiff St. 2 Centennial "A" 3000 W. Edinger Ave. 3 Centennial "B" 3000 W. Edinger Ave. 4 Centennial "C" 3000 W. Edinger Ave. 5 Centennial HGHS 3000 W. Edinger Ave. 6 DYSC "A" includes locker room and restrooms 3000 W. Edinger Ave. 10 25Q-86 Park Address Cost/Mo. Cost/Yr. Deviations 7 DYSC "B" 3000 W. Edinger Ave. 8 Heritage 4812 W. Camille St. 9 Jerome 726 S. Center St. 10 Santa Anita 300 S. Figueroa St. 11 Thornton 1801 W. Segerstrom St. 12 Windsor 2915 W. Laverne Ave. 28 Total Totals The City reserves the right to delete one or more restrooms from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourly Wa e 1 Maintenance Supervisor $ 2 Maintenance Service Leadworker $ 3 Maintenance Service Laborer $ Total (1-3) $ B. Cost For Add On Locations 1 Price By Square Foot Per Month -Park Restroom lx Day $ 2 Price By Square Foot Per Month -Park Restroom 2x Day $ 3 Price By Square Foot Per Job Pressure Wash Exterior Entrances and areas around buildings/restrooms $ ii 25Q-87 VI. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A. I/We have stated herein the services and fees that I/we will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. Name of Contractor (Person, Firm, Corp.) Address Address Telephone Number Signature of Authorized Rep. Name and Title (Please Print) Date Fax Number 12 25Q-88 EXHIBIT "A" GENERAL SPECIFICATION The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform janitorial services. Facilities shall be cleaned once daily. The working hours for the duration of this contract are from 11:00 pm to 6:00 am daily, seven (7) days per week, or as otherwise directed by the Director's representative. Contractor shall supply and pay for clean, neat appearing uniforms, which shall be worn while working on City premises. Uniforms shall consist of a polo shirt, hat, jacket and full-length work pants with the contractor's identification. All municipal, state and federal safety regulations shall be adhered to in order to prevent injury to personnel and property damage. Smoking is not allowed in City facilities at any time. Daily Cleaning Schedule - Restrooms, Showers and Locker Rooms NOTE: Use approved germicidal solution for all cleaning. 1. Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model to General Maintenance specifications upon discovery. Dispensers will be provided by the City. 2. Flush toilets and urinals using approved products. Check for stoppages and use plunger to unplug. 3. If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the Senior Park Maintenance Supervisor at (714) 647-3324. 4. Remove all litter and debris on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. 5. Empty, clean and sanitize receptacles inside and out. 6. Sweep and mop entire floor with approved germicidal cleanser/solution. Hosing out restrooms is not an acceptable practice. 7. Clean and sanitize all surfaces, including walls, doors, partitions, door/window jambs, vents, light fixtures, ceilings, etc. Tile floors and walls shall be cleaned and polished. 8. Clean, sanitize and polish mirrors and frames using approved products. 9. Clean and sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. 10. Clean, sanitize and polish thoroughly inside and outside of metal toilet bowls, urinals, dispensers, wash basins, flush valves, mounting plates, nuts, screws, traps, hose bibs, water connections etc. using approved germicidal cleanser. 11. Clean and disinfect benches using approved germicidal cleanser. 12. Inspect and replace burned out lights inside and outside the building using approved products. 13 25Q-89 13. Clean and disinfect lockers (sides and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 14. Clean and disinfect shower walls, fixtures and curtains using approved germicidal cleanser. 15. Pick up and remove trash and debris within 10' feet of the building in each direction. 16. Remove, clean and sanitize areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids within 10' in each direction of the building. 17. Clean exterior of the building free of all foreign materials including paper wads, confetti, etc. 18. Turn off lights once work is completed. Weekly Cleaning Schedule -Restrooms, Showers and Locker Rooms 1. Polish all tiles surfaces using approved product to achieve a high quality appearance. 2. Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. 3. Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. Monthly Cleaning Schedule -Restrooms, Showers and Locker Rooms 1. Clean and repaint floor surfaces using approved paint per the manufacturer's specifications. 2. Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. Approved Park Restroom Supplies Toilet Tissue -Acclaim White Singlefold Interfolded Bath Tissue item # 10101 - 00 Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches (Rosita women's restroom only). Approved Cleaning Supplies For cleaning urinals and commodes Colossus For cleaning polished and brushed chrome Safe-Dee or Glass Cleaner Metal/Chrome polish Briteboy Disinfectant Versatile 14 25Q-90 EXHIBIT "B" CERTIFICATION OFNON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 15 25Q-91 EXHIBIT "C" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by 16 25Q-92 ~I EXHIBIT "D" SAMPLE AGREEMENT CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this day of 2008 by (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. G In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Custodial Services Agreement Description/Specifications/Work Statement (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " "hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 17 25Q-93 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit " ". The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $ .Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. 18 25Q-94 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the 19 25Q-95 defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which, due to the nature of such information, is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) 20 25Q-96 P.O. Box 1988 Santa Ana, California 92702 and To Contractor: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 21 25Q-97 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit " "hereto). 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its 22 25Q-98 inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA: ATTEST: PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney CONTRACTOR: sy Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: By: NAME) TITLE) TaxID# GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency 23 25Q-99 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS RFP Reference No. 08-021 PRCSA Date Due: April 10, 2008, 5:00 P.M. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No. 08-021 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on April 10, 2008. This addendum is provided in response to questions asked at the pre-proposal conference conducted on March 27, 2008. 1. Re: Section I. A., Item 16, and Section II. A., Item 9 Bonding requirements will remain as follows: BONDING Each proposal shall be accompanied by a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 2. Exhibit "A", Item 12, Page 13 shall be revised to read as follows: Inspect and replace burned out lights inside and outside the building using existing type (manufacturer and wattage) lights products or approved equal. Contractor shall replace at their own cost a maximum 3 light bulbs per near per fixture. Contractor must inform City of light bulb replacement within 48 hours of the bulb being replaced in order to receive credit for a replacement 3. Exhibit "A", Item 15, Page 14 shall be revised to read as follows: ~ec~ie~Pick up/clean and remove any trash debris and/or foreign materials on the exterior of the building caused by the Contractor's service of the restrooms 25Q-100 4. Exhibit "A", Item 16, Page 14 shall be revised to read as follows: Remove, clean and sanitize entrance areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids..,.:+~.;~ ' n' ;^ °^^~, 5. Exhibit "A", Item 1 (Monthly), Page 14 shall be revised to read as follows: Fled-~e~~69~SEeS~9iirg--c'~ppr9~etc~p~3t-~3e~t~3limikir~ Rc~mcfr spec-~f~c-atte~No longer required. 6. Exhibit "A", Item 2 (Monthly), Page 14 shall be revised to read as follows: Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. Shower curtains shall be to match existing. Should you have any questions or require additional information, please contact Robert Carroll, (714) 571-4218. 25Q-101 Exhibit "C" ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, and the City of Santa Ana, located at 20 Civic Center Plaza, Santa Ana, California 92701; and their respective officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25Q-102 Exhibit "D" Date Name of person with ultimate authority Contractor's Name Address City, State, Zip Dear G p~N FI p`/ \~s ~ '~l -~ On (date, time) Contractor failed to perform work specified in the City of Santa Ana contract specifications as outlined below: 1 Location: Spec Section: Class Rate QTY Sub-Total A. Labor: 0.00 0.00 B. Equipment: 0.00 0.00 0.00 C. Materials: 0.00 0.00 Total 0.00 TOTAL REDUCED FROM MONTHLY INVOICE FOR FAILURE TO PERFORM 0.00 According to the contract specifications the Executive Director's Representative determines all maters concerning the Contractors failure to perform to the specifications. Should you wish to appeal this matter you may do so by submitting in writing a letter to the Executive Director's Representative, the Park Superintendent, within seven calendar days from the date of this letter. Your appeal will be given serious consideration and you will be contacted with the final decision. Respectfully, Name of Supervisor/Manager Title CC: Maricruz Chavez Robert Carroll Contractor's AR 25Q-103 merchants building maintenance, LLC Exhibit r B ~~ April 10, 2008 Robert Carroll Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2°d Floor Santa Ana, CA 92701 Dear Mr. Carroll, Thank you for giving Merchants Building Maintenance the opportunity to provide you with a janitorial proposal for your facility. Since 1961, Merchants Building Maintenance has provided California businesses with the very finest in janitorial services. By providing our clients with quality service we have been able to expand our organization every year. Our cleaning program is designed in such a manner as to reflect the high standards you require with strict adherence to the enclosed specifications. We recognize continued control of these specifications is dependent upon in-depth management, supervision, communications, and our flexibility to serve your requirements. Our company has been providing housekeeping service to companies like yours for the past forty-four years. In the process, we have gained valuable experience that will 11e1p make you proud of your decision to select Merchants to provide your housekeeping program. We look forward to being of service. Sincerely, ~1 i ~~k. C~P~, Patricia Valera Business Development 1639-C East Edinger Ave., Santa Ana, Ca 92705 Ph: 714-973-9272 Fax: 714-973-2124 25Q-104 REQUEST FOR PROPOSAL RFP N0.08-021 PRCSA FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTRQOMS KEY RFP DATES: Issue Date: March 18, 2008 Pre-proposal Conference: March 27, 2008 Proposal Due Date: April 10, 2008 25Q-105 REQUEST FOR PROPOSAL Notice is hereby given that proposals will be accepted for providing janitorial services for City of Santa Ana park restrooms, at the Parks, Recreation and Community Services Agency headquarters building, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA, 92701 until 5:00 p.m., April, 10, 2008. If further information is required, please contact Robert Carroll via e-mail rcarroll(cr~,santa- ana.org or phone, (714) 571-4218. MAILED proposals should be addressed as follows: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Accounting and Budget Section M-23 888 W. Santa Ana Blvd. 2nd Floor Santa Ana, CA 92701 Attn: Robert Carroll If mailed, it is the responsibility of the proposer to see that any mailed proposal shall have sufficient time to be received by the Accounting and Budget Section prior to proposal due date and time. Late proposals will be returned to the vendor unopened. The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 25Q-106 I. GENERAL TERMS A. RFP TERMS AND CONDITIONS PROPOSAL SUBMISSIONS Proposals must be submitted to the Accounting and Budget Section in a sealed envelope showing on the outside, the name of the bidder, RFP NO. 08-021, and the proposal due date and time. All proposals must be signed by an authorized representative of the vendor. 2. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the contractor may not withdraw proposals for a period of ninety (90) days from the date of the opening. 3. LATE PROPOSALS It is the responsibility of the vendor to see that any proposal submitted shall have sufficient time to be received by the Accounting and Budget Section prior to the proposal due date and time. Santa Ana Parks, Recreation and Community Services Agency shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the vendor unopened. 4. REQUIRED DOCUMENTS Contractor must return the following completed documents with their proposal: • Detailed proposal of services in accordance with the specifications detailed in Exhibit A. Proposal should take into consideration the evaluation criteria included in Section III and should not exceed 20 pages. • Proposals should include job qualifications of key contract staff including general manager, superintendent, supervisor, and lead maintenance workers. • Completed Contractor's References form (Section IV); • Completed Proposal Summary and Deviations from Specifications form (Section V); • Signed Proposal Form (Section VI); • Exhibits B, C and D are for reference only, but will be required when the contract is awarded to the successful contractor. Contractor must submit one original and eight (8) photocopies of each proposal offered. S. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. The City also reserves the right to enter into agreements with one or more contractors to complete the scope of this RFP. 6. AGREEMENT Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with any, 25Q-107 all, or none of the contractors for atwo-year period, with the option of extending the agreement for two additional two year terms. 7. SELL OR ASSIGN The successful contractor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. 8. LOCAL SALES TAX CONSIDERATION In accordance with the Santa Ana Municipal Code, a one percent (1 %) preference will be applied to all bids for taxable goods submitted by suppliers located within the City limits of Santa Ana. 9. RECEIVING TIME The receiving time in the Accounting and Budget Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 10. COMPLIANCE WITH LAWS All bids shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the City harmless for any failure to so conform. 11. REFERENCE TO SUCCESSFUL CONTRACTOR The terms vendor, supplier, proposer, or contractor may be used interchangeably in these specifications and shall refer exclusively to the contractor(s) with whom the City enters into contract as a result of this request for proposal. 12. INQUIRIES Refer inquiries in writing via email to Robert Carroll, rcarroll@santa-ana.org. 13. E-MAIL COMMUNICATIONS To facilitate the request for proposal process, contractors are required to monitor and respond to e-mail requests on a daily basis. 14. PRE-PPROSAL CONFERENCE AND JOB WALK A mandatory pre-proposal conference and job walk will be held on Thursday, March 27, 2008 at 8:30 a.m. in the Parks, Recreation and Community Services Agency headquarters building large conference room, 888 W. Santa Ana Boulevard, Suite 200, Santa Ana, CA. The pre-proposal conference will last approximately one hour. Immediately following the pre-proposal conference, staff will conduct a job walk to view some or all of the restrooms covered in the RFP. Please RSVP to Robert Carroll by Monday, March 24, (714) 571= 4218. 4 25Q-108 15. PRE-QUALIFICATION PROCESS In addition to submitting all documentation required in this request for proposal, contractors may also be required to demonstrate their ability to successfully perforni the type of maintenance work contemplated by this request for proposal, including but not limited to providing an adequate number of staff, suitable equipment and materials as determined by the Director's representative. 16. BONDING Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 17. REVIEW OF JOB SITE The Contractor shall be held responsible for carefully reviewing the sites and verifying all areas of work, prior to proposal submittal. The City recommends reviewing the sites during the busier evening and weekend hours to better understand the traffic that these facilities experience. II. SCOPE A. RESTROOMS AND FACILITIES The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform quality janitorial services at various park restrooms listed in Section V.A. Park Restroom Services. 1. QUALITY ASSURANCE The contractor's location supervisor shall inspect all areas weekly under this agreement and sign a weekly custodial logbook, which the City may review on a weekly basis. This logbook shall include all items required in the weekly service section of the specification. The contractor is required to ensure that all supervisors and staff are thoroughly trained in the implementation of this spec. New staff shall be trained in the specification before being deployed into the field to complete this specification. The contractor shall provide names of staff and crew leaders assigned to this contract, and the facilities they services, and shall inform the City when staff changes. 2. AGREEMENT START-UP Beginning from the start date of the agreement the Contractor shall have one month to visit each building and park restroom to provide aone-time start-up service. The Contractor shall provide extra labor, equipment, materials, at no additional cost to the City, to raise the quality 5 25Q-109 of janitorial maintenance to the level specified in the agreementlspecifications. Following the Contractor's start-up at each building/park restroom, the City representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the one month start-up period the Contractor has not completed the start-up service to the satisfaction of the City's representative, the City shall withhold the City's estimated cost of performing this service from the Contractor's upcoming monthly invoice. The City will provide the Contractor with a report on start-up work deficiencies, and the Contractor will have three days to correct all start-up deficiencies. 3. BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his/her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re-keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re-key the whole facility is solely that of the City's representative. 4. EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be furnished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. 5. SUPERVISION AND SAFETY The contractor shall be responsible for the supervision and direction of the work performed by his/her employees and shall at all times provide afull-time manager or supervisor on the premises to carry out the responsibility. The manager or supervisor shall have the authority to act as agent for the Contractor in his/her absence and shall be fully qualified to implement the contract specifications. The contractor shall be responsible for instructing his employees in all safety measures. All equipment used by the contractor shall be maintained in safe operating condition at all times and free from defects or wear which may constitute a hazard to any persons. All employees will wear proper personal protective equipment while working on City premises. Contractor's 6 25Q-110 supervisors shall be literate and conversant in the English language because of the necessity to read chemical labels, job instructions and signs, as well as the need for conversing with management personnel. Contractor's supervisors shall also be capable of communicating fully with all employees in the event they do not speak English. The Contractor shall comply with and ensure that the Contractor's personnel and subcontracted personnel comply with all current applicable local, state and federal policies, regulations and standards relating to safety and health. The Contractor shall provide or cause to be provided all training, technical expertise, qualified personnel, equipment, tools and material to safely accomplish the work specified to be performed by the Contractor. The Contractor shall provide all necessary barricades, signs to indicate safety conditions, detours and yellow safety caution tape as necessary to provide a safe environment. The City may require the removal of any of the contractor's employees who are found to be incompetent, careless or insubordinate; or appears to be alcohol or drug impaired or poses a safety risk. The Contractor shall provide an emergency telephone number where he can be reached during normal operating hours and a telephone number where he can be reached after normal operating hours. 6. REMEDY FOR FAILURE TO PERFORM REQUIRED SERVICE Should the contractor fail to perform in accordance to the agreement, the City may withhold a portion or all of the contractor's payment for work not performed for each inspection. This estimate is solely determined by the City, and may be based on the costs submitted by contractor in Section V.A. B. Specialized Services. The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 7. DAMAGE TO CITY PROPERTY Damage or theft of City property resulting from Contractor's performance of the work or negligence shall be repaired immediately by the Contractor or the damage will be repaired by the City at the Contractor's expense, if the Contractor fails to remedy such damage promptly. A written report of the loss and cause of damage must be submitted to the City in writing 24 hours of occurrence 8. METHOD OF PAYMENT The vendor will be paid monthly in arrears for his/her services after verification of completion of work and receipt of invoice. Payment terms will be net 30. 7 25Q-111 9. BONDS Each proposal shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. III. EVALUATION OF PROPOSALS The response to this Request for Proposal should contain documentation of contractor's credentials and expertise in this field. Consideration will be given to contractors with demonstrable and documented experience in similar work. The responses received will be reviewed by an evaluation committee established by the Administrative Services Division of the Parks, Recreation and Community Services Agency. The successful proposal will be based upon cost competitiveness and the qualifications of the contractor submitting the proposal. The bids will be evaluated based on the following criteria: Capability and Experience of Contractor 25% 1. Ability of contractor to obtain the staff and equipment necessary to perform specifications 2. Training and safety precautions taken to perform specifications 3. Contractor's financial ability to provide uninterrupted custodial services throughout the term of the agreement 4. Experience of lead worker and maintenance staff assigned to the contract 5. Experience of supervisory and management staff assigned to the contract Past Performances 25% 1. Past record of performance on contracts with other cities, governmental agencies or similar organizations, including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Acceptable, verifiable references and site reviews Cost of Proposal 50% 1. Cost of base proposal 2. Cost of add-on locations 3. Cost of specialized services FOLLOW-UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll(asanta-ana.org or by phone at (714) 517-4218. 25Q-112 IV. CONTRACTOR'S REFERENCES This sheet must be completed in full and returned with contractor's proposal. List and describe fully three contracts performed by your company, which demonstrate your ability to provide services in accordance with the RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Reference No. 1 Customer Name: City of Anaheim Contact Individual: Yolanda Gaytan Address: P. H Box 3 2 2 2, Anaheim Phone Number: 714 - 7 6 5- 6 9 7 7 Contract Amount: $ 8 4, 0 0 0 yew: 2 0 0 6 Description of equipment and services provided: Citv buildings and various locations Reference No. 2 CustomerName:City of Santa Fe Contact Individual: ~Ped ~r,acaff Springs Address: 12 6 3 6 Emme n s Way Phone Number: 5 6 2- 8 6 8- 0 511 an a Fe Springs, Ca Contract Amount: $ 4 6, 0 0 0 Year: 2 0 0 1 Description of equipment and services provided: City buildings, various locations and parks Reference No. 3 Customer Name: Cit~of Yorba Lind~ontact Individual: StP~,P r~amnhAl 1 Address: 4845 Casa Loma Ave. Phone Number: 714 - 9 61- 716 8 $ 15 , 0 0 0 year: Contract Amount: 2005 Descri tion of equipment and services provided: Ci~y buildings and Various locations 9 25Q-113 V. PROPOSAL SUMMARY AND DEVIATIONS FROM SPECIFICATIONS Contractors must provide costs for maintaining each of the parks restrooms, optional add-on locations, and service categories included below at the level of quality described in the detailed specifications (Exhibit A and all attachments). Contractors must also list all deviations from specifications, if any. The 26 park restrooms included in Section A will serve as the basis for proposal evaluation, however, costs of specialized services in Section B will also be considered. The City may, at its sole discretion, choose to award contracts to up to four contractors, one for each District. A. PARK RESTROOM SERVICES Park Address Cost/Mo. Cost/Yr. Deviations District 1 1 Campesino 3311 W. Fifth St. $ 5 8 6.0 0 $ 7, 0 3 2 2 Edna 2140 W. Edna Dr. $ 5 8 6 $ 7, 0 3 2 3 f El Salvador 1825 W. Civic Center Dr. 4 J Riverview 1817 W. 21st St. $ 5 8 6 $ 7, 0 3 2 S r Rosita 706 N. Newhope St. $ 5 8 6 $ 7, 0 3 2 Distr ict 2 l j Angels 914 W. Third St. $ 5 8 6 $ 7, 0 3 2 2 Cabrillo 1820 E. Fruit St. $ 5 8 6 5 7, 0 3 2 3 Fisher 2501 N. Flower St. $ 5 8 6 $ 7, 0 3 2 4 Logan 1009 N. Custer St. g 6 7 0 3 2 5 ,/ Portola 1700 E. Santa Clara Ave. $ 5 8 6 $ 7 , 0 3 2 6 / Santiago "A" 2535 N. Main St. 6 7 2 7 ,/ Santiago "B" 2535 N. Main St. $ 5 8 6 $ 7 , 0 3 2 Distr ict 3 1 Delhi 2314 S. Halladay St. $ 4 4 2 $ 5 3 0 4 2 Madison 1528 S. Standard St. $ 5 8 6 $ 7, 0 3 3 Memorial 2102 S. Flower St. 5 5 8 6 $ 7, 0 3 4 Sandpointe 3700 S. Birch St. $ 5 8 6 $ 7, 0 3 Distri ct 4 1 t Adams 2302 S. Raiff St. 2 r Centennial "A" 3000 W. Edinger Ave. $ 3 8 7 $ 4 6 4 4 3/ , Centennial "B" 3000 W. Edinger Ave. $ 3 8 7 $ 4 6 4 4 4 Centennial "C" 3000 W. Edinger Ave. $ 3 8 7 $ 4 6 4 4 5 Centennial HGHS 3000 W. Edinger Ave. $ 5 8 6 $ 7 , 0 3 6 ~ l r DYSC "A" includes ocker room and estrooms 3000 W. Edinger Ave. $ 6 8 5 $ 8, 2 2 to 25Q-114 Park Address Cost/Mo. Cost/Yr. Deviations 7 f DYSC "B" 3000 W. Edinger Ave. $ 3 8 7 $ 4 6 4 4 8 Heritage 4812 W. Camille St. $ 5 8 6 $ ~ , 0 3 2 9 Jerome 726 S. Center St. 5 6 7 2 10 Santa Anita 300 S. Figueroa St. $ 5 8 6 $ 7 , 0 3 2 11 J' Thornton 1801 W. Segerstrom St. 6 7 0 2 12 Windsor 2915 W. Laverne Ave. $586 $7,032 28 Total Totals $1 X 6 6 0 18 7 9 9 2 The City reserves the right to delete one or more restrooms from this contract with 30 days written notice. B. SPECIALIZED SERVICES A. Labor Hourl Wa e 1 Maintenance Supervisor $ 2 Maintenance Service Leadworker $ 16.5 0 3 Maintenance Service Laborer $ 15.0 0 Total (1-3) $ B. Cost For Add On Locations 1 Price By Square Foot Per Month -Park Restroom 1 x Day $ 1.4 6 51 2 Price By Square Foot Per Month -Park Restroom 2x Day $ 2 .7 0 6 3 3 Price By Square Foot Per Job Pressure Wash Exterior Entrances and areas around buildings/restrooms $ . 3 5 11 25Q-115 VI. PROPOSAL FORM The undersigned contractor agrees to provide park restroom janitorial services in accordance with the specifications included in Exhibit A. UWe have stated herein the services and fees that Uwe will furnish and deliver as specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a discrepancy between words and figures, words shall govern. The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this agreement are violated. MPYC`hantG Riii 1 ~3i ncr~-~,intPnanCe Name of Contractor (Person, Firm, Corp.) 1639-C Edinger Ave. Address Santa Ana, Ca 92705 Address 714- 973-927d' Telephone Number _~ / ~,. o~=~"~ Sign "of Authorized Rep. George Rodriquez Name and Title (Please Print) April 10, 2008 Date 714-973-2124 Fax Number 12 25Q-116 GENERAL SPECIFICATION The Contractor shall furnish all supervision, labor, equipment, materials, and supplies required to perform janitorial services. Facilities shall be cleaned once daily. The working hours for the duration of this contract are from 11:00 pm to 6:00 am daily, seven (7) days per week, or as otherwise directed by the Director's representative. Contractor shall supply and pay for clean, neat appearing uniforms, which shall be worn while working on City premises. Uniforms shall consist of a polo shirt, hat, jacket and full-length work pants with the contractor's identification. All municipal, state and federal safety regulations shall be adhered to in order to prevent injury to personnel and property damage. Smoking is not allowed in City facilities at any time. Daily Cleaning Schedule - Restrooms, Showers and Locker Rooms NOTE: Use approved germicidal solution for all cleaning. 1. Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model to General Maintenance specifications upon discovery. Dispensers will be provided by the City. 2. Flush toilets and urinals using approved products. Check for stoppages and use plunger to unplug. 3. If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the Senior Park Maintenance Supervisor at (714) 647-3324. 4. Remove all litter and debris on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. 5. Empty, clean and sanitize receptacles inside and out. 6. Sweep and mop entire floor with approved germicidal cleanser/solution. Hosing out restrooms is not an acceptable practice. 7. Clean and sanitize all surfaces, including walls, doors, partitions, door/window jambs, vents, light fixtures, ceilings, etc. Tile floors and walls shall be cleaned and polished. 8. Clean, sanitize and polish mirrors and frames using approved products. 9. Clean and sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. 10. Clean, sanitize and polish thoroughly inside and outside of metal toilet bowls, urinals, dispensers, wash basins, flush valves, mounting plates, nuts, screws, traps, hose bibs, water connections etc. using approved germicidal cleanser. 11. Clean and disinfect benches using approved germicidal cleanser. 12. Inspect and replace burned out lights inside and outside the building using approved products. 13 25Q-117 13. Clean and disinfect lockers (sides and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 14. Clean and disinfect shower walls, fixtures and curtains using approved germicidal cleanser. 15. Pick up and remove trash and debris within 10' feet of the building in each direction. 16. Remove, clean and sanitize areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids within 10' in each direction of the building. 17. Clean exterior of the building free of all foreign materials including paper wads, confetti, etc. 18. Turn off lights once work is completed. Weekly Cleaning Schedule -Restrooms, Showers and Locker Rooms Polish all tiles surfaces using approved product to achieve a high quality appearance. 2. Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. 3. Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. Monthly Cleaning Schedule -Restrooms, Showers and Locker Rooms Clean and repaint floor surfaces using approved paint per the manufacturer's specifications. 2. Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. Approved Park Restroom Supplies Toilet Tissue -Acclaim White Singlefold Interfolded Bath Tissue item # 10101 - 00 Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches (Rosita women's restroom only). Approved Cleaning Supplies For cleaning urinals and commodes Colossus For cleaning polished and brushed chrome Safe-Dee or Glass Cleaner Metal/Chrome polish Briteboy Disinfectant Versatile 14 25Q-118 -~_~~" CERTIFICATION OF NON-DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY Merchants Buildin Maintenance TITLE OF PERSON SIGNING SIGNATURE __-`-= Branch Manager DATE April 10, 200 Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 15 25Q-119 TVTTTT TT [[~1~~ SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's Iimits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Name Insured the endorsement form as part of Countersigned by 16 25Q-120 SAMPLE AGREEMENT CITY OF SANTA ANA CUSTODIAL AGREEMENT THIS AGREEMENT, made and entered into this day of 2008 by (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of custodial services comparable with "high-level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional "high-level" contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in the Custodial Services Agreement Description/Specifications/Work Statement (Exhibit "A" hereto} and ali attachments thereto, as well as the Contractor's Proposal of Services (Exhibit " "hereto) attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail. 2. CITY INSPECTION The Director's designated representative shall regularly inspect the parks restrooms and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park restroom not meeting the Specifications during any such inspection. 17 25Q-121 3. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit " ". The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for two additional two-year terms in an annual amount not to exceed $ .Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City: This Agreement is not intended nor shall it be construed to create anemployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. 18 25Q-122 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer Contractor must obtain and maintain Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the 19 25Q-123 defense of the City, including fees and costs for special counsel to be selected by the City, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which, due to the nature of such information, is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. 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 City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) 20 25Q-124 P.O. Box 1988 Santa Ana, California 92702 and To Contractor: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the teens of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 21 25Q-125 13. TERMINATION AND DAMAGES This Agreement may be terminated by the City upon thirty (30) days written notice of termination and by the Contractor upon ninety (90) days written notice. In the event of termination by the City, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited bylaw, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications, Exhibit "E" hereto. c. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and/or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages (see Sample Failure To Perform Letter, Exhibit " "hereto). 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its 22 25Q-126 inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and yeaz first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney sy Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA: DAVID N. REAM City Manager CONTRACTOR: . ~ ~'' sy:_~ ~~ eorge Rodriquez TITLE) Branch Manager Tax ID # 95-4558242 GERARDO MOUET Executive Director of the Parks Recreation and Community Services Agency 23 25Q-127 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we MERCHANTS BUILDING MAINTENANCE, LLC as Principal, hereinafter called the Principal, and HARTFORD FIRE INSURANCE COMPANY a corporation duly organized under the laws of the State of CONNECTICUT as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF SANTA ANA as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT THE AMOUNT BID IN Dollars ($ 10% "*'`"`*"""" for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 08-021 PRCSA JANITORIAL SERVICES AT VARIOUS PARK RESTROOMS AND FACILITIES LISTED IN SECTION V.A. PARK RESTROOM SERVICES NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 9th day of April, 20 08 Merchants Building Maintenance, Li.C (Witness) * P 'nci aQ f (~~eai) i ~~' (Title) r~- /`~3 /L Hartford Fire Insurance Company /t-~-~`iL,~Z,E.1 /~"! `''" ~.-;'G ~ ' " _ -~ "(S ~~- -> (Seal) Donna M. Green Wi ss ~~~ 1, ,~ ~"~~~--~- , MARY SM~XH, (Title) Attorney-in-Fact 25Q-128 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April 9, 2008, before me, DONNA M. GREEN, Notary Public, personally appeared MARY SMITH, who proved to me on the basis of satisfactory evidence to be the person( whose name is/atesubscribed to the within instrument and acknowledged to me that h~/she/tI~ executed the same in hi-s/her/tl~i-r-authorized capacity(i~, and that by h+s/her/them-signature~;~ on the instrument the person~~), or the entity upon behalf of which the person() acted, executed the instrument. r ~~ ~ , ~j ~ ~ O~,i1vt. ;t1 r r;33~9 ~l ;1 ~ L I I ''I .+ p l`rur ~LIFGRN!A~y I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above / . Signature ~~ ~~`'; ; ~; ,~ ,') i ' _.:: r; - ~ Signature of Notary Public / Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. ~' CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEIy,'f~'f ^ INDIVIDUAL -' ^ CORPORATE OFFICER ^ PARTNER(S) ^ L[MITED ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ~~' ^ GUARDIAN/CONSERVATOR ~--'` OTHER: SIGNER IS REP TING: NAME OF SON(S) OR ENTITY(IES) 25Q-129 HARTFORD PLAZA HARTFORD, CONNECTICUT 08115 aX Hartford Fire Insurance Company Twin City Fire Insurance Company 0 0 Hartford Casualty Insurance Company Hartford Insurance Company of Illinois [~ Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the Taws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: John D. Hunsinger, Mary Smith, T.L. O'Loughlin of Pasadena, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attomey. r~ ~/~~ ` ~," ~y..__.•t4 ~ ~}',~ tD 7o cfi ~ 1p79 ~ ~ lg 191! ~~Q ~ . ~~~ Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ))) n John P. Hyland, Assistant Vice President On this 19`h day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. +~ MmxA ~ + '1J~M1JR • Jean H. Wozniak CERTIFICATE Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is still in full force effective as of April 9, 2008 Signed and sealed at the City of Hartford. ~~ytri~y~~~ tf tt ` ~^,t~s ~ MSMr ~ ii ~ ~°~A 1t~' :,,, ~ g ~ ~;, is u ~, ,f, t90 r 8 ~ •""~ t s tr+w~, 1 +..+ ~ ~1`q~,uKa1, s a.Ntl-~ ; t1r7+ ~ { rs7a ~~ ~ k.,,K. •' ., . ~. '~~t,..,.• •, NW' Colleen Mastrolannl, Assistant Vice President 25Q-130 Zoilo Reyes 2248 Canyon Drive Costa Mesa, CA. 92627 Employment: Merchants Building Maintenance: Area Supervisor, Orange County Project Manager: Area Supervisor, Los Angeles: Janitorial Staff /Site Foreman: Duties: January 1999 to Present December 1998 to January 1999 March 1992 to December 1998 May 1988 to March 1992 • Manage cleaning staff of over 150 personnel servicing commercial, residential and industrial facilities throughout Orange County. • Perform nightly inspections of serviced locations. • Prepare and maintain labour and supply budgets. • Oversee all aspects of janitorial payroll. • Trouble-shoot discrepancies and determine corrective actions and procedures to be taken. • On-Call 24-hrs per day. • Meet with customers and tenants to maintain quality work standards. • Provide Safety Training and assistance to janitorial crews. • Schedule weekly, monthly, quarterly, etc, schedules per job site. Education: • Graduate Estancia High School, Costa Mesa, CA. • Quarterly Waxie training seminars: o Carpet Care. o Hard Floor Maintenance. o Window Washing Techniques. o New Product /Chemical uses. • MBM Monthly Safety Training meetings. • MBM Quarterly Supervisor Safety and Management training. 25Q-131 GEORGE RODRIGUEZ .639 East Edinger Ave Unit C Sa~-?ta Ana, CA 92705 ~XPzR_=?~TC~ -CCC-Present Merchants $ldg Maintenance Santa Ana, CA Branch Manager ^ Manage cleaning crew of more than 500 personnel servicing commercial, ar_d industrial facilities through out Orange County and Los Angeles. ~ Administer an operational budget up to 5700,OOC.CO monthly. Manage and oversee all phases of operations and adrninistration staff. E Customer relations/visitations/satisfacuon ^ Site Walk-thru of gill job projects 1987-2000 DMS Santa Ana, CA Operations /Area Manager ?983-1987 CVLS ~ Santa Ana, CA A ,r'z Mango E Manage cleaning staff of over 150 personnel servicing commercial, residential, and industrial facilities through out Orange County E Perform Highly inspections of serviced locations = Prepare and mauitain labor and supply budgets = Oversee all aspecu of janitorial payroll a Trouble-shoot discrepancies and determine corrective acuons and procedures to be taken On call 24 Noun per day Meet with customer and tenants to m:~int~un quality nrork standards ^ Provide Safety Training and assistance to janitorial crews = Schedule weekly, mon-~hly, qua-terly, etc, schedules per job E D L-GATT O 1980-1983 Fullerton College Fullenon, CA B.A, Business Administrttion and Computer Science. = AA Mechanical Drafting AA Computer Aid Drafting 1639 C Ednger Av. 714 / 973.9272 Santa Ana, CA. 92705 Jaime Espir~o¢a Experience 2003 - To Present Merchants Building M. Santa Ana, Ca. Operations Manager I Orange County • Manage Area Managers and deaning personnel servidng over 80 commercial and industrial fadiities throughout Orange County. • Meet with customers and tenants to maintain quality work standards. .. Perform nightly inspections of serviced locations. • Schedule weekly, monthly, quarterly, etc schedules per job site. • Prepare and maintain labor and supply budgets. • Oversee all aspects of janitorial payroll. 2002 - 2003 Merchants Building M. Santa Ana, Ca. Project Managerl Masnplace Shopping Center • Manage deaning staff of over 28 persdnnel servidng a commercial indoor shopping center. ^ Meet with customer to maintain quality work standards. • Schedule weekly, monthly, quarterly job tasks for 3 worsting shifts. • Performed dally inspections of serviced mall. • Prepare and maintain labor and supply budgets. • Prepare cleaning staff payroll. 2001 - 2002 Merchants Building M. Orange, Ca Project Manager /Block Of Orange Mall ^ Manage deaning staff of over 36 personnel servicing a commerdal outside shopping center. • Meet with customer to maintain qualify work standards. • Schedule weekly, monthly, quarterly job tasks for 3 working sh'rfts. • Performed daily inspections of serviced mall. ' • Prepare and maintain labor and supply budgets • Prepare deaning staff payroll. 1998-2001 Merchants Building M. Culver City, Ca Area Manager • Manage the deaning personnel servicing over 35 commerdal, and industrial fadlities throughout lAS Angeles County and Long Beach Area. • Perform nightly inspections of serviced locations. • Schedule weekly, monthly, quarterly, etc schedules per job site. • Prepare and maintain labor and supply budgets. • Prepare janitorial payroll. Education 1986 - 1988 The Advertising Arts College La Jolla, Ca • Graduated Diploma in Advertising & Communiption Arts • Graduated From Orange Coast College / 1984 • Graduated From Costa Mesa High School / 1982 - 25Q-133 ADDENDUM NO. 1 REQUEST FOR PROPOSAL FOR PROVIDING JANITORIAL SERVICES FOR CITY OF SANTA ANA PARK RESTROOMS RFP Reference No. 08-021 PRCSA Date Due: April 10, 2008, 5:00 P.M. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP No. 08-021 PRCSA. This addendum shall become a part of the original Request for Proposal due by 5:00 p.m. on April 10, 2008. This addendum is provided in response to questions asked at the pre-proposal conference conducted on March 27, 2008. 1. Re: Section I. A., Item 16, and Section II. A., Item 9 Bonding requirements will remain as follows: BONDING Each proposal shall be accompanied by a cashier's or certified check payable to the City of Santa Ana, or a bid bond issued by a corporate surety, for an amount not less than ten percent (10%) of the aggregate of the bid, as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him. The successful contractor shall also be required to provide the City a Payment bond in the amount of 100% of the total award to satisfy claims of material suppliers and laborers employed by it and finally a Performance Bond in the amount of 100% of the total award to guarantee faithful performance of all work in a manner satisfactory to the City within 20 days of receipt of award. 2. Exhibit "A", Item 12, Page 13 shall be revised to read as follows: Inspect and replace burned out lights inside and outside the building using existing type (manufacturer and wattage) lights products or approved equal. Contractor shall replace at their own cost a maximum 3 light bulbs per year per fixture. Contractor must inform City of light bulb replacement within 48 hours of the bulb being replaced in order to receive credit for a replacement 3. Exhibit "A", Item 15, Page 14 shall be revised to read as follows: d~ec~ierr.-Pick up/clean and remove any trash debris and/or foreign materials on the exterior of the building caused by the Contractor's service of the restrooms 25Q-134 4. Exhibit "A", Item 16, Page 14 shall be revised to read as follows: Remove, clean and sanitize entrance areas outside the building using an approved germicidal cleanser all urine, feces, and other liquid or solids. ~_~~*~~~ 1 n' ' ~, r~irrn~+;,.,, „~~l,o 1.,,;lrl' 5. Exhibit "A", Item 1 (Monthly), Page 14 shall be revised to read as follows: spe~~onTNo longer required. 6. Exhibit "A", Item 2 (Monthly), Page 14 shall be revised to read as follows: Inspect shower curtains. If curtains are worn, the contractor, at his expense, shall replace the curtains with a shower curtain product acceptable to the Director's representative -maximum three replacements per shower curtain. Thereafter, City provides the curtains for Contractors to replace. Shower curtains shall be to match existing. Should you have any questions or require additional information, please contact Robert Carroll, (714) 571-4218. 25Q-135 Date (mmldd/yy) fiIFICATE OF LIABILITY INSI~[~1~1~'~~E 4/10/2008 Bolton Certificate Processing ONLY AND CITE IS ISSUED AS A MATTER OF INFORMATION ONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Bolton & Company 245 S. Los Robles Ave., Suite 105 CA 91102 Pasadena (626) 799-7000 www. boltonco.com 0008309 Merchants Building Maintenance 1190 Monterey Pass Road CA 91754 Monterey Park THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I A E INSURER Travelers Propperty, & Casualty Com an of America INSURER ACE Property & Casualty INSURER Majestic Insurance Company INSURER Federal Insurance Company INSURER ~UER/kGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICSES AGGREGATE IMITS SHOWN MAY HAVERBEEN REDUCED BY PAID CLAIMS- THE POUCY POLICY EFFDATE E EX pRAATEION LIMITS 'R TYPE OF INSURANCE POLICY NUMBER R Y EACH OCCURRENCE S GENERAL LIABILITY COVG. ELSEWHERE COMMERCIAL GENERAL LIAB FIRE DAMAGE An one fire S CLAIMS MADE OCCUR MED EXP (An one arson) S vFRSONAL & ADV INJURY S A UTOMOBILE uaBILITY 810761 G1704TIL07 6/1/2007 6/1/2008 COMBINED SINGLE LIMIT $ 1 00 A ANV AUTO ALL OWNED AUTOS 80DILY INJURY (Per person) S SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accdent) S NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) S AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY EA ACC OTHER THAN S ANV AUTO AUTO ONLY: Arr- S EXCESS LIABILITY XOOG23875354 6/1/2007 6/1/2008 AGGREGATE B acCUR ~CtAIMSMADE DEDUCTIBLE RETENTION S STATUTO C WORKERS' COMPENSATION & ITY ' XS108002201 3/1/2008 3/1/2009 EL EACH ACC LIABIL EMPLOYERS EL DISEASE - EXCESS (CA) EL DISEASE - mp. he orgery 5 8 7 Llm)t A S Workers Comp is Self-Insured under California Certificate of Consent to Self Insure #1793 for California operations. Job: Operations of the Named Insured. .. GERTIF1CgTf 1-1~i1; - IEC; . G~~IC~; I'l~k'TjQ~i; MBM CA, Operations of the Named lrtsured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Clt of Santa Ana Y 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- 20 Civic Center Plaza Plaza (M-30) SENTATIVES. ' 10 Days for Non-Payment of Premium Santa Ana, CA 92702-1988 AUTHORIZED JJ / REPRESENTATIVE ~ ~ Cheryl Feia ACOl2D 15-5 f7Y9'~)' i ~~ I'r, ~ ~I~~~.:, ~;±t»£~~~1,T,IAN~;1988 " 25Q-136 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID Z DATE(MM,DD/YYYY) MERCH-4 04 10 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (WC) Heffernan Insurance Brkrs HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1350 Carlback Ave, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Walnut Creek CA 94596 Phone:925-934-8500 Fax:925-934-8278 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Star Insurance Company Merchants Buildi M i t INSURER B: ng a n enance Comppan - o INSURER C: 119 0 M nterey Pass Rd. Monterey Park CA 91754 INSURER D: INSURER E: VVV THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER P LI Y FFE TIV DATE MMIDDIYY P LI PIRATION DATE MM/DD/YY LIMITS GENERAL LWBILRY EACH OCCURRENCE $ ]-, OQO ~ 000 A X X COMMERCIAL GENERAL LIABILITY CP0272727 06~D1~U7 U6~U1~08 PREMISES (Ea occurence) $ 300, 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ Cj ~ Q 0 Q X 250 PD DED PERSONALBADVINJURY $ 1 000 000 Per OCCUr. GENERAL AGGREGATE , , $ 2 OOO 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO PRODUCTS - COMPlOP AGG , , $ 2 , O O O , O O O X POLICY LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON•OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LU181LITY EACH OCCURRENCE $ OCCUR ^ CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE • EA EMPLOYEE $ SPECIAL PROVISIONS below '~ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECUIL PROVISIONS Project: As on file with the insured. City of Santa Ana, its officers, agents, volunteers, employees and representatives are named as additional insured (primary) on General Liability policy per attached endorsement. *Except 10 days notice for non-payment of premium. CERTIFICATE HOLDER CANCELI ATIAN City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702-1988 CITYO 04 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 O * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR `---'"'' ©ACORD CORPORATION 1988 25Q-137 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) created at www.e CertsONLINE.com 25Q-138 Exhibit "C" ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, and the City of Santa Ana, located at 20 Civic Center Plaza, Santa Ana, California 92701; and their respective officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Community Redevelopment Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 25Q-139 Exhibit "D" Date Name of person with ultimate authority Contractor's Name Address City, State, Zip Dear: ~O JG P,t l O N F~~s.1 h, r' ~l ~- On (date, time) Contractor failed to perform work specified in the City of Santa Ana contract specifications as outlined below: 1 Location: Spec Section: A. Labor: B. Equipment: C. Materials: Class Rate QTY Total Sub-Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 o.oo o.oo 0.00 TOTAL REDUCED FROM MONTHLY INVOICE FOR FAILURE TO PERFORM 0.00 According to the contract specifications the Executive Director's Representative determines all maters concerning the Contractors failure to perform to the specifications. Should you wish to appeal this matter you may do so by submitting in writing a letter to the Executive Director's Representative, the Park Superintendent, within seven calendar days from the date of this letter. Your appeal will be given serious consideration and you will be contacted with the final decision. Respectfully, Name of Supervisor/Manager Title CC: Maricruz Chavez Robert Carroll Contractor's AR 25Q-140 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 5, 2008 TITLE: APPROVED ORDINANCE AMENDING CHAPTER ^ As Recommended 14 OF THE MUNICIPAL CODE ^ As Amended REGULATING HOURS OF SALE OF ^ Ordinance on 15` Reading ^ Ordinance on 2"d Reading FIREWORKS ^ Implementing Resolution ^ Set Public Hearing For_ i CONTINUED TO rye '~ plc ~ - V'~`~^ ~ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an ordinance amending Chapter 14 of the Santa Ana Municipal Code regulating to hours of sale of fireworks. DISCUSSION The City of Santa Ana permits nonprofits to conduct sales of safe and sane fireworks as a means of fundraising over the 4th of July holiday season. Legal safe and sane fireworks are those that can only spark, whistle, and smoke. The Santa Ana Municipal Code regulating the days and hours fireworks may be sold in the City is found in Chapter 14, Article II, Section 14-55, and was last amended by Ordinance No. NS-2469, adopted May 21, 2001. Currently, the sale of safe and sane fireworks may begin at noon on July 1st and 10:00 a.m. on July 2nd, 3rd, and 4tn The Public Safety Committee is recommending the hours for July 2nd, 3rd, and 4th be changed to 9:00 a.m. without changing the close time for any of the dates. The non-profit organizations requested the change in hours to assist in offsetting their increased costs, which allows for an additional hour of sales on July 2nd, 3rd, and 4th. It is recommended that the City Council adopt an ordinance amending Chapter 14 to allow for the time change. FISCAL IMPACT There is no fiscal impact associated with this action. ~~ ~~lt.k/ Marc Martin ~ - Fire Chief Santa Ana Fire Department 50A-1 PJC/4-23-08 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14-55 OF THE SANTA ANA MUNICIPAL CODE RELATING TO HOURS OF SALE OF SAFE AND SANE FIREWORKS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Currently, Section 14-55 of the Santa Ana Municipal Code sets forth the hours of sale for the safe and sane fireworks by permitted sellers. 1. It is appropriate to revise the section to allow permitted sellers to open their fireworks stands one hour earlier on July 2nd, 3rd and 4t". B. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 14-55 of the Santa Ana Municipal Code is hereby amended to give authority to animal control officers to issue administrative citations, such that it reads as follows (new language in bold, deleted language in strikeout): Sec. 14-55. Permit for sale of safe and sane fireworks; hours of sale. No person shall display, sell, or engage in the business of selling safe and sane fireworks without first having obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any Ordinance No. NS-xxxx Page 1 of 3 50A-2 time except from 12:00 noon through a.m. through 10 p.m. on July 2"d and p.m. on July 4th of any year. 10:00 p.m. on July 1St; from 9:00 3~d; and from 9:00 a.m. through 8:00 Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of May, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Paula Coleman Assistant City Attorney AYES NOES: ABSTAIN: NOT PRESENT: Ordinance No. NS-xxxx Page 2 of 3 Miguel A. Pulido Mayor Councilmembers Councilmembers Councilmembers Councilmembers 50A-3 PJC/4-23-08 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of Council, do hereby attest to and certify that the attached Ordinance No. NS-xxxx to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2008 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Patricia E. Healy Clerk of Council City of Santa Ana Ordinance No. NS-XXX Page 3 of 3 50A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: PILOT FEE-WAIVER ENCOURAGE USE OF TECHNOLOGIES CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended PROGRAM TO ^ As Amended SOLAR ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Adopt a resolution authorizing a two-year pilot program to encourage solar installations by temporarily waiving permitting fees. DISCUSSION The City Council's Development Committee recently discussed efforts to broaden the City's environmental agenda including, for instance, supporting the Energy Efficiency and Conservation Block Grant (EECBG) program sponsored by the U.S. Conference of Mayors. Under such a program, Congress would annually appropriate both competitive and direct formula-based funding for local energy and conservation projects. Though ultimately interested in a more comprehensive approach to environmental and energy issues, the Development Committee at its February 7, 2008, meeting recommended that the City Council consider a pilot program to encourage installation of solar technologies in Santa Ana. The opportunities to encourage these technologies are immediate - and they're another step toward creating a more sustainable community. The two primary uses of solar energy include using the sun to heat water and/or to generate electricity. Both rely on widely tested and proven technologies. But their application has in the past been limited in that the acquisitionjconstruction costs have been relatively high in comparison to potential cost savings. That dynamic continues to shift, however, given the ever increasing cost of energy as well as the heightened awareness of environmental concerns, climate change and the need to conserve energy. Additionally, advances in solar energy manufacturing technologies, as well as expanded markets for solar energy products, are continuing to improve the cost/benefit equation. The City has processed relatively few solar energy projects (less than ten projects per year) in recent years. Though the number of solar projects undertaken over the next two years is difficult to predict, it is expected to grow. 55A-1 Solar Permit Fee Waiver Plan May 5, 2008 Page 2 The City' s review of solar energy projects involves both plan check and inspection services. These plan check and inspection services are estimated to require an average of one staff-hour for passive solar water heater projects and ten staff-hours for solar electrical systems. At an average rate of $55/hour the respective permit fees would range from approximately $55 to $550 per project. In an effort to promote greater sustainability in the community, it is recommended that the City Council authorize a two-year permit incentive program for solar energy projects. Such a program would waive permit/ inspection fees as an incentive to encourage solar installations. Homeowners, business owners, contractors and others would still submit plans and obtain permits and inspections - but the fees for such projects would be waived during the pilot program. While the number of solar energy projects is expected to grow, this increase and the corresponding fee waiver are not expected to generate a significant effect on workload/ staffing, nor result in a significant reduction in revenue. Enacting the two-year pilot permit incentive program would require City Council approval of an amended fee resolution. The attached survey (Exhibit 1) of prominent Orange County communities shows that most have relatively consistent permitting/inspection practices for solar energy projects and, yet, only three cities offer a specific permit incentive to encourage such projects. FISCAL IMPACT It is estimated that the total cost of two-year pilot program would be $26,500. Of this total $6,500 would be directed to system programming, marketing, and other incidental costs. The remaining $20,000 represents an estimate of uncollected permitting fees for the general fund revenue accounts for Building Plan Check (account no. 011-01-5401), Plumbing Plan Check (account no. 011-01-5402), Electrical Plan Check (account no. 011- 01-5403), Building Permits (account no. Oll-O1-5911), Plumbing Permits (account no. 11-01-5912), and Electrical Permits (account no. 11-01- 5913) . APPROVED AS TO FUNDS AND ACCOUNTS: 'L---~ J M. Trevino Executive Director Planning and Building Agency SG:rb rb\reports\Solar Permit Fee Waiver Program ~MCn~.~~r ~~ Francisco Gutierrez Executive Director Finance & Management Services Agency~r '"" 55A-2 O O N N r w ~_ U H J w 0 a g 0 ~ ~ C ~ ?+w N ~ L ~ ~ m ~ ~ ~ N ~ ~ > _ ~ T _ ~ Z Z Z Z Z Z ~ ^ ^ ^ ^ ^ ^ ^ .a Q M~ {F~. ~ v, ~ ~' m Q. lR ~~ d d d d ~ ~ ~ d ^ ^ ^ ^ ^ ^ ^ ^ v is ~ ~ Q~ ~ . ~ Q ~~ :~ ~ d d d d d d d d ^ ^ ^ ^ ^ ^ ^ ^ { ~ Q ~' , .t: ~ L ~.! ° c~ W M N p d d d d `' ~ >- ~ Z ~ >- >- ~ ^ ^ ^ ^ ^ ^ ^ ^ ,;~ e~ O Q ~~ ~ m m m m m ~ m .~ ~ m s ~ ~ °° ~ m L d C ~ .m .c ~ o m ~_ ~ ~ ~ ~ ~ o w o m ~ a ~ t~ ~ ~ ~ ~ ~ ~ a , ~ a ~ ~ ~ m ~' ~ ~ z 5 ~i16~T 1 bk:4/29/08 RESOLUTION NO. 2008-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING A TWO-YEAR PILOT PROGRAM TO ENCOURAGE SOLAR INSTALLATIONS BY TEMPORARILY WAIVING PERMITTING FEES 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. The City Council Development Committee recently discussed efforts to broaden the City's environmental agenda including, for instance, supporting the Energy Efficiency and Conservation Block Grant (EECBG) program sponsored by the U.S. Conference of Mayors. Under such a program, Congress would annually appropriate both competitive and direct formula-based funding for local energy and conservation projects. B. Though ultimately interested in a more comprehensive approach to environmental and energy issues, the Development Committee at its February 7, 2008, meeting recommended that the City Council consider a pilot program to encourage installation of solar technologies in Santa Ana. The opportunities to encourage these technologies are immediate -and they are another step toward creating a more sustainable community. C. The two primary uses of solar energy include using the sun to heat water or to generate electricity. Both rely on widely tested and proven technologies. But their application has in the past been limited in that the initial acquisition/construction costs have been relatively high in comparison to potential cost savings. That dynamic continues to shift, however, given the ever increasing cost of energy as well as the heightened awareness of environmental concerns, climate change and the need to conserve energy. Additionally, advances in solar energy manufacturing technologies, as well as expanded markets for solar energy products, are continuing to improve the cost benefit equation. D. The City has processed relatively few solar energy projects in recent years - less than ten (10) per year. Though the number of solar projects undertaken over the next two years is difficult to predict, it is expected to grow. E. The City's review of solar energy projects involves both plan check and inspection services. These plan check and inspection services are 55A-4 Resolution No. 2007-XXX Page 1 of 3 estimated to require an average of one staff-hour for passive solar water heater projects and ten staff-hours for solar electrical systems. At an average rate of $55/hour the respective permit fees would range from approximately $55 to $550 per project. This amount is de minimis when compared to the amount of plan check and inspection fees the City receives in a year. F. A two-year permit incentive program for solar energy projects would waive permit/ inspection fees as an incentive to encourage solar installations. Homeowners, business owners, contractors and others, who would still submit plans and obtain permits and inspection, to not pay these fees for such projects during the pilot program. While the number of solar energy projects is expected to grow, this increase and the corresponding fee waiver would generate only a trivial effect on workload/staffing, and would result in an insignificant reduction in revenue. Section 2. The City Council hereby waives, for a two year period commencing upon the date of adoption of this Resolution, both plan check and inspection service fees for solar energy projects that generate heat or electricity and for which permits are granted. This waiver shall apply to permits granted no later than two years from the date of adoption of this Resolution. 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 .2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Resolution No. 2007-XXX 55A-5 Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-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 55A-6 Resolution No. 2007-XXX Page 3 of 3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: RESOLUTION ADOPTING THE NEW PROPOSED TARGET EMPLOYMENT AREA FOR THE ENTERPRISE ZONE 7 ~- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution for the new proposed Target Employment Area to complete final designation of the Enterprise Zone. DISCUSSION The Enterprise Zone (EZ) Program is intended to provide state and local incentives for businesses to invest and locate in economically distressed areas of California. A Target Employment Area (TEA) is an area within a city that is composed solely of those census tracts that have at least fifty-one percent of its residents of low-or moderate-income levels. Its purpose is to encourage businesses in an EZ to hire eligible residents from these geographic areas. The incentive for these businesses is the availability of a tax credit for hiring residents who reside in a TEA. To establish a TEA, an EZ must submit an application for TEA designation to the Housing and Community Development Department. The application must clearly identify the census tracts that will constitute the proposed TEA and demonstrate that they meet the eligible criteria. The application must include a certified resolution which approves the boundaries of its TEA. It is required that the Council adopt the boundary proposed for the new Target Employment Area (TEA) by resolution to complete the EZ final designation. 55B-1 Resolution Adopting the New Proposed TEA for the Enterprise Zone May 5, 2008 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ~~ Ste hen G. H rding Deputy City Manager for Development Services Community Development Agency SGH/CWD/mlr 050508 ResoAdoptTEA 55B-2 bk:4/29/08 RESOLUTION NO. 2008-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IDENTIFYING THE CENSUS TRACTS COMPRISING THE TARGETED EMPLOYMENT AREA FOR THE SANTA ANA ENTERPRISE ZONE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On January 31, 2008, Governor Arnold Schwarzenegger announced that the City of Santa Ana has been conditionally re-designated as a California Enterprise Zone. This designation shall be in effect for fifteen (15) years. B. The California Enterprise Zone Program targets economically distressed areas using special state and local incentives to promote business investment and job creation. By encouraging entrepreneurship and employer growth, the program strives to create and sustain economic expansion in California communities. C. Section 7072(1) of the California Government Code defines a "Targeted Employment Area" as an area within a city that is composed solely of those census tracts that have at least 51 percent of its residents of low- or moderate-income levels. Its purpose, according to the Code, is to encourage businesses in an enterprise zone to hire eligible residents from these geographic areas. The incentive for these businesses is the availability of a tax credit for hiring residents who reside in a TEA. D. By adoption of Resolution No. 97-002, the City Council of the City of Santa Ana established Santa Ana's Targeted Employment Area ("TEA"). E. Recent legislation, Assembly Bill 1550, requires that enterprise zones, which obtained a TEA prior to the availability of the 2000 United States census data, review and update their TEA boundaries to reflect the most recent census data. F. To comply with this requirement, Santa Ana's application to the Department of Housing and Community Development must include a certified copy of a resolution of the City Council of the City of Santa Ana 55B-3 Resolution No. 2007-XXX Page 1 of 2 which approves the boundaries of the TEA, and sets forth the census tracts numbers within the TEA. Section 2. The following census tracts, lying wholly or partly within the territorial jurisdiction of the City of Santa Ana, have been designated by the United States Department of Housing and Urban Development as having at least 51 percent of their residents of low- and moderate-income levels, and are hereby identified as those census tracts which are in the most need of employment targeting pursuant to the Enterprise Zone Act: 740.03, 740.04, 740.05, 740.06, 741.02, 741.03, 741.06, 741.07, 741.08, 741.09, 742, 743, 744.03, 744.05, 745.01, 745.02, 746.01, 746.02, 747.01, 747.02, 748.01, 748.02, 748.03, 748.05, 748.06, 749.01, 749.02, 750.02, 750.03, 750.04, 751, 752.01, 752.02, 753.01, 753.02, 754.04, 754.05, 890.04, 891.05, 992.47, 992.48 and 992.49. Section 3. A Targeted Employment Area composed of the above-specified census tracts and having the boundaries created by grouping the said census tracts together, as shown on Exhibit A, attached hereto and incorporated herein, is hereby approved, effective immediately. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Resolution No. 2007-XXX Page 2 of 2 55B-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-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. 2007-XXX 55B-5 Page 3 of 2 Target Employment Area Boundaires Census Tracts Proposed Target Employment ~~ Area 753.01 i5aos ' _ 760 0 59.02 ~ - ~ ~ ~ 1 ~ i LL 691.07 ~ mi 754.04 ° 3 754.01 } Ira Ave 753.03 ~. o~ 753 02 757.0 . . ° ~ 691.02 I m~ ~ ' ~ W stminster ve 17th St ~ 754.05 ~ ~II 1~tn sr 04 91.On1 --~~ cow 891 _ . 752.02 ° _ °• . ~ A~ _ Wa in ton Ave O ¢' ~ 762.01 751.00 ~ N ago 01 ~ 890.04 0 891.05 ~ ~ ~ :..___..._._ _.. r 7 ~ ~ ~ 754.03 89.03 ~ C0 ° ``" 7 4.06 ~ -- Ana I d _ 4th St _ 151 St z 02 4 ~ t s1 St 755.05 N , _ _ --- t st St p 992.47 992.48 992.49 748A1 749.01 _ w 992.0 cFadden Av ; _ m~ ~ 2 748.05 ~, 748 06 749.02 746.02 ° ¢ _ ,4a 7 ~ ~ . 992.02 ` ~ Ave ~ ~ ~ C~7 748.03 ~ M Fa Edin erAve ~ , -- ~ 747`01 747.02 746. 1 ~ ~ 744.03 Ern Ave ~^ 745.52 ~J~~~E~~dir~gerAve ° -- I / N ~ \ 741.09 0 74 0 ~ 741.02 _ 741.03 i 741.OSi 743.00 ~ A Wamer Av me Ave `~' °I 740.05 ~ 740.03 „ ~.. m ~~~ erstrom Ave 741.10 741.11 J - Se erstrom Ave ~~Rd____~_. 755.15 ~ 741.06 `~ ~ Afton Ave S 741.07 740.04 _MaeArth rBlvd 740.06 5 nflovrerAve I NN o a ° 3 ' i ~ al ~ ' li~' ' 0.0 0.5 1.0 1. p _ ~5 2.0 mi ~ - '' Source: 2000 Census Data cro~.~w xa. unaw «...ry.e 55B-6 Exhibit A REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: RESOLUTION APPROVING RELOCATION PLAN FOR THS BRISTOL STREET WIDENING PROJECT BETWEEN THIRD AND TENTH 3TRSETS (PROJECT 08-1700-C) v CITY MANAGER F RECOMMENDED ACTION 0~ CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the Relocation Plan for the Bristol Street Widening Project, between Third Street and Tenth Street. DISCUSSION On March 6, 2006 The City Council approved a cooperative agreement between the City and the Orange County Transportation Authority (OCTA) for the widening of Bristol Street between Warner Avenue and Seventeenth Street. The agreement committed OCTA to $225 million for four phases of Bristol over five years. Acquisition activities on Phase I, from McFadden to Pine, began in 2006 and are approximately 90~ complete. Design plans are complete and construction will begin soon after completion of the utility undergrounding by Southern California Edison which is expected to start in September 2008. Preliminary planning for Phase II, between Third and Tenth streets is beginning. Over the next 18-months, the Public Works Agency anticipates completing the acquisitions of over 38 parcels for this phase. Section 6012 of the California Code of Regulations, Title 25, Chapter 6 requires the adoption of a Relocation Plan due to the displacement of 18 residential and 20 business occupants. The primary purpose of the Relocation Plan is to outline the requirements for moving and re-establishing the displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided. Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the Agency estimates relocation costs to be approximately $8,250,000. 55C-1 Resolution Approving Relocation Plan Bristol Street Widening Between Third and Tenth Streets May 5, 2008 Page 2 The Draft Relocation Plan was made available for public review for 30 days beginning February 13, 2008. Each potential displaced occupant was given written notification regarding the Plan's availability and his/her opportunity to submit questions and comments. The Plan was made available for review at the City libraries, the City Clerk's office and at the Public Works and Planning counters. In addition, the Notice of Availability was posted in a local newspaper of general circulation for four consecutive weeks. All questions and comments have been incorporated into the final Relocation Plan. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990. FISCAL IMPACT There is no fiscal impact associated with this action. (~ ~V ames G. Ross Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agenc~r// JGR/SA/sb/05-08-08 RFCA Relocation Plan Bristol Street Widening from Third to Tenth Street 55C-2 4/28/08 jxs RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN THIRD AND TENTH STREET (PROJECT 08-1700-C) 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 ("Council") hereby finds, determines and declares as follows: A. On March 6, 2006, the City Council approved a cooperative agreement between the City and the Orange County Transportation Authority for widening of Bristol Street between Warner Avenue and Seventeenth Street. B. The March 6, 2006 agreement committed OCTA to contribute $225 million for four phases of the Bristol Street widening project over five years. C. Acquisition activities on Phase I, from McFadden to Pine, began in 2006 and are about 90% complete. Design plans are complete and construction will begin soon after completion of the underground utilities by Southern California Edison which is expected to start in September 2008. D. Preliminary planning for Phase II which is between Third and Tenth streets are beginning. Over the next 18-months, the Public Works Agency anticipates completing the acquisitions of over 38 parcels for Phase II. E. Pursuant to California Government Code section 7260, et seq., a public entity is required to adopt a relocation plan, by resolution, whenever it enters into an agreement for acquisition of real property or an agreement for the disposition and development of property which would lead to displacement of people from their homes. F. Section 6012 of the California Code of Regulations, Title 25, Chapter 6, requires the adoption of a Relocation Plan due to the displacement of 18 residential and 20 business occupants. G. The relocation plan has been prepared in conformance with applicable provisions of the California Government Code section Resolution No. 2008- 55C-3 4/28/08 jxs 7260, et seq., and the Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6 and has been made available for public review since February 13, 2008. Each potential displaced occupant was given written notification regarding the Plan's availability. H. The primary purpose of the Relocation Plan is to outline the requirements for moving and re-establishing the displaced residential and business occupants, and to demonstrate the level of advisory and financial assistance that will be provided. Based on occupant interviews, needs analyses, and searches for appropriate replacement sites, the Agency estimates relocation costs to be approximately $8,250,000. Section 2: The City Council hereby approves the Relocation Plan for the acquisition activities for Phase II of the Bristol Street widening plan between Third and Tenth Streets. 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. Resolution No. 2008-_ 55C-4 4/28/08 jxs ADOPTED this day of 2008. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Jose Sandoval Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008- 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. 2008-_ 55C-5 55C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2006-02 AND CONDITIONAL USE PERMIT NO. 2006-08 TO REZONE A PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1) TO ARTERIAL COMN~RCIAL (C-5) AND CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA FOR SPRINT PCS AND T-MOBILE AT 2210 NORTH GRAND AVENUE - JANE NORINE AND JASON KOZORA, APPLICANTS ~~'''r--~----' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 152 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance approving Amendment Application No. 2006-02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. PLANNING COMMISSION ACTION On April 14, 2008, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2006-02 and adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned by a vote of 7:0 to allow a zone change from Single-Family Residential (R-1) to Arterial Commercial (C-5) and to construct a 60-foot tall cellular monopine for Sprint PCS and T-Mobile at 2210 North Grand Avenue. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. ay Trevino Executive Director Planning & Building Agency ME:rb me\reports\aa06-02cup06-08.Sprint&TMObile.cc 75A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 14, 2008 TITLE: PUBLIC HEARING - FILED BY JANE NORINE AND JASON KOZORA FOR AMENDMENT APPLICATION NO. 2006-02 AND CONDITIONAL USE PERMIT NO. 2006-08 TO REZONE A PROPERTY FROM SINGLE FAMILY RESIDENTIAL (R-1) TO ARTERIAL COMMERCIAL (C-5) AND CONSTRUCT A 60-FOOT HIGH CELLULAR ANTENNA FOR SPRINT PCS AND T-MOBILE AT 2210 NORTH GRAND AVENUE Prepared by Marvin Ellenbecker Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Plannin Manager 1. Adopt an ordinance approving Amendment Application No. 2006-02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. DISCUSSION Request of Applicant Jane Norine, representing Sprint PCS, and Jason Kozora, representing T- Mobile, are requesting approval of a zone change from Single-Family Residential (R-1) to Arterial Commercial (C-5) and a conditional use permit to construct a 60-foot tall cellular monopine at 2210 North Grand Avenue. Property Description The subject property is approximately 1.57 acres in size, square in shape and improved as an electrical sub-station for Southern California Edison. The property is currently zoned Single-Family Residential (R-1) and has a General Plan land use designation of General Commercial (GC). The property is bounded by commercial uses to the south and east, residential uses to the west, and commercial and residential uses to the north (Exhibits 1 and 2). EXHIBIT A 75A-2 Amendment Application No. 2006-02 Conditional Use Permit No. 2006-08 April 14, 2008 Page 2 Project Description Sprint PCS and T-Mobile are proposing to colocate on a new 60-foot wireless facility on the south portion of the subject property that is currently used as an electric sub-station. The proposed wireless facility will include 12 antenna panels and a microwave dish for Sprint PCS and 12 antenna panels and a microwave dish for T-Mobile. The wireless facility will be camouflaged as a Canary Island Pine Tree and will have equipment cabinets and GPS antennas for each wireless carrier (Exhibits 3 and 4). The equipment cabinets and GPS antennas will be enclosed by an eight-foot high wrought iron fence with a metal mesh material to screen the equipment. Four 24-inch box Hollywood Junipers (Juniperus chinensis `Torulosa') are proposed (two on each end of the cabinet areas) to match existing Junipers and replace trees that were removed in the leased area. Fifteen Photinia shrubs will be used to provide a landscape screen between the wrought iron fence and the law library on the adjacent parcel to the south (Exhibit 5) A 48-inch box Paperbark Tree (Melaleuca leucadendra) is proposed to replace a missing tree located at the northwest edge of the property along with 40 new Photinia fraseri shrubs along the perimeter of the existing chain link fence (Exhibit 6). Analysis of the Issues The subject property is currently zoned Single-Family Residential (R-1), which prohibits wireless communication facilities. The applicant is requesting a zone change to Arterial Commercial (C-5) to allow the proposed monopine (Exhibit 7). The property has been an electrical sub- station since 1960, when the City approved Conditional Use Permit No. 11. The sub-station is a long-term, non-residential use that will continue to remain at this location for an undetermined period of time. The surrounding uses along Grand Avenue are either retail or institutional so the C-5 zoning designation is appropriate. The proposed zone change makes the property consistent with adjacent commercial uses along Grand Avenue and with the General Commercial (GC) General Plan designation. 75A-3 Amendment Application No. 2006-02 Conditional Use Permit No. 2006-08 April 14, 2008 Page 3 A conditional use permit is also required for the project. In order to minimize impacts to the adjacent uses, staff has included several conditions of approval. Anew wrought iron fence and plant materials will provide additional screening to the sub-station. This will enhance the aesthetic appearance along both Grand and Santa Clara Avenues as well as the private property to the south. The wireless facility is designed as a monopine to provide additional visual screening of the wireless antennas. The monopine will be designed and constructed for use by two wireless carriers, Sprint PCS and T-Mobile. The proposed monopine is located approximately 160 feet from the residential properties to the west, including a 40-foot wide private driveway. Normally, Canary Island Pine trees would be used to complement the monopine. Southern California Edison is concerned with the use of any live plant materials that exceed 30 feet in height. The Hollywood Junipers were selected because they will screen the equipment cabinets, meet the safety concerns for Southern California Edison and will match the existing mature Hollywood Junipers in the same area. The applicants have explored alternatives to the monopine structure such as locating their cellular antennas on the rooftops of existing buildings in the area. Structures in the area, however, are not tall enough to meet the needs of Sprint PCS and T-Mobile. A 60-foot tall facility is needed in order to allow the colocation of the two cellular providers, improve cellular coverage and increase call capacity and quality for both carriers. The proposed cellular antennas will provide benefits to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS and T- Mobile by closing service gaps in the area and providing additional calling capacity. Equipment for the monopine will be located in outdoor cabinets within the leased area and screened from public view. All telecommunications wiring and conduit will be underground or hidden in the interior of the monopole. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to the northeast section of the City. Based upon the above analysis and findings, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2006-02 to rezone the subject property and approve Conditional Use Permit No. 2006-08 as conditioned (Exhibits 8 and 9). 7 5A-4 Amendment Application Conditional Use Permit April 14, 2008 Page 4 CEQA Compliance No. 2006-02 No. 2006-08 This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review Nos. 2005-129 and 2007-31 will be filed for this project. \`~~~~ Marvin Ellenbecker Landscape Development Associate ME j m me\reports\aa06-02cup06-08.Sprint&TMObile.pc Vince Fre oso AICP Principa Pl ner 75A-5 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS 0 OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT ' C5 ,e s C5 R1-B R4 PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN CUP 06-8 SPRINT PCS AND T MOBILE MONOPINE ..._~~. ~ 2210 NORTH GRAND AVENUE - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 75A-6 Z W ~ ~ Q ~ w w ~ ~ ~ R E S I D E N T I A L ~ ~ O U U VAC. SANTA CLARA AVENUE ~; , <:,~ , E ~. efi tg~ O R E S I D E N T I A L t ~~ ~ ,; - r~, .~C~ ~~ 4+ .~ r .? ~-~~, n.-' ,' C7 RESIDENTIAL BUFFALO AVE ~ . , :y, ~~ ~~ z ~ ~ t~Y ~ ~F J R S 1 E N I A L U R E S D E N T A L COMMER CIAL ~ W Z g Q C7 ~ AVALON AVE . o U REST ENTIAL CUP 06-8 SPRINT PCSAND T-MOBILE MONOPINE /~ 2210 NORTH GRAND AVENUE ~" P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75A-7 ? ~~ ~ - _ c ~ o, o~ ~ „~ o ~ s i a ~ ~ N f' ~p ~~~ ~ ~ " ~ Q g ~ 1 W s ,, I z~ ~ ` ~- R yo~ _,. _ ___ 9. s ~~~\ \y ~~ ~~ I ~~~ r~ ~\ ~f~'~, \ ,` ~~y ~ ~~~ ~~~ ~~~, 1 ~~1~~~ ~' ~\1~~ ~~ ~,; , ~~-o C ~ IgE ~~ [il I ~ :~ ~ I3s J ~ I ~~ ~_ ~mis ~_ ~i ~M~ d_lMJ-_ '=i ~~ ~ a a ~ c) A II J 5 a ~ ~Ug - ~ ~ ~_~ _~ - ~ ~~ - _ ~a z r ~ i m ¢~ ~a ~~ ~ I I ~ ~~ ~ t~ ~ ~~ I ~ t wa .m =g = ,$ C~ O `>} C~ O C7 O ~--{) I~ I ii ~ ~ € ~~ 9 ~ I I ~ ~ ~ g' ~+ ;g ~ a a 9 ~ z'~ ~ ~ ~ ~~ ~o } gS ~ ~ ~ ~g $_ ~ ~ tl W ~, ~ 3 ~ _ ~ 3 ~ ~ ~~ { c SR 3 H ~I w ~ 3" 3 3 sY - of ~ ~ ~~ Y py ~_ Yo Y~ ~I ii ~ ' ~i ~ ~~ I I I~, II a g~~~~ ~~~ o {_~xrc ~W. ~ ~ 3 ~~ I yr a ~ ~ ~4R s 5 dk ~ YR sC ! ! s b -_~ F R ~' $ bo 4 S~ 8 4 ~• 3 ~i~ ~z ~~ y~~ o NaK ^{ ° 4 Yin 33 ~`5 `~"~ ~~~ 6C~ ~ h 57 ~;~s ~' S3 z ~ € _~ ~ ~kY Vg msg., zge ~W3 ~& ~R j§ ~x~~ ~ ~Q~ ~ o~ ~~ ~~ _~ o 0 ~ s a a e ~ ~ . i ~k ~ ~~~ ~ ;~~~ ~ ~ ~ a Wo U~y ~ ~ ~ ~~//~~ VJ 3 ~ d ~ j QW ~ ~ .. -- _. - ~ N ^ 1 ~ ~L~ ~' _ - M ~ c ~ i 5 ~; ~ ~ e ci '~ smwn~+. 3 . i ~nnin~ .n o .~~ ~, 1 ~~ ~e ~ ~ .o a ~ 1 ': JJJ?JJJn ~~ v ~.~ ~ L ' { . i ~ Y~ j. 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U W Q ~ ~ W ~ ~ R E S 1 D E N T 1 A L O O U U UAC. SANTA CLARA AVENUE r-T y ~~ ~~ ~ ~~~ f~ s~ ~ _. „ ' R E S I D E N T I A L ~i e ~~-~ , ~~; Z O o~ ~ ~ ~ ~~~ , r -"f... ~ i ~ I, w +• 5, ` Q 7 4' BUFFALO AVE. RESIDENTIAL fK }, i~ ~~ - '~~Yd ti +~ ~ `''~' ~ ~ a1''`. h ~ ~~ R S I E N I A L ~' Q U Q R E S D E N T A L COMMERCIAL W ~ Z ~ Q ~ ~ AVALON AVE. o U REST ENTIAL AA 06-2 ~~ P L A N N I N G A N D B U I L D I N G A G E N C Y ZONING MAP EXHIBIT 7 75A-12 Amendment Application No. 2006-02 Conditional Use Permit No. 2006-08 April 14, 2008 Page 1 of 2 Findings of Fact A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed 60-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS and T-Mobile wireless services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the northeast sector of Santa Ana. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws . However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction landscaping, will be compatible with the will not adversely affect the economic v_ The stealth appearance will be the maintaining and increasing the economic commercial area. with the existing surrounding area and _ability in the area. major solution to stability for this D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. EXHIBIT 8 75A-13 Amendment Application No. 2006-02 Conditional Use Permit No. 2006-08 April 14, 2008 Page 2 of 2 E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The approval of Amendment Application No. 2006-02 will make this property consistent with other commercial zoning along Grand Avenue and the General Commercial designation of the Santa Ana General Plan. The proposed monopine facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the General Commercial (GC) General Plan designation. 75A-14 APRIL 14, 2008 PAGE 1 OF 5 Conditions for Approval Conditional Use Permit No. 2006-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicants must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicants must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicants must comply with all conditions and requirements of the Development Review Committee for development projects (DP No. 05-44 and DP No. 07-12). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Provide one 48-inch box Paperbark Tree, (Mela1P>>ra leucadendra), and 40 five-gallon size Photinia fraserii along the perimeter of the existing Southern California fence as shown on the site plan. srirubs Edison 4. Provide four 24-inch box Hollywood Juniper Trees (Juniperus chinensis `Torulosa') along the east and west edges of the leased areas as shown on the site plan. 5. Provide an eight-foot high wrought iron fence to screen the equipment cabinets. Metal mesh screening shall be attached to the wrought iron fence. 6. Provide 15 five-gallon size Photinia fraserii as a hedge along the south edge of the new wrought iron fence as shown on the site plan. EXHIBIT 9 75A-15 APRIL 14, 2008 PAGE 2 OF 5 7. The proposed monopine shall be constructed per the following specifications: a) The monopine should have 3.1 branches per foot for a full density coverage with limited spacing between the branches - 70 percent of the branches should be eight- foot or longer. b) Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c) Branches should exceed all antennas by a minimum of 12 inches. d) Branches should start at 15 feet above the ground. e) There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f) Branches should have an upward sweep similar to that of actual Canary Island Pines. g) Branch foliage color should be an olive green with some brown "needles" to match an actual Canary Island Pine. A sample should be submitted for approval prior to fabrication. h) A sample of bark cladding with a custom color should be submitted for approval prior to fabrication. i) All antennas shall be covered with "pine antenna socks" that match the approved foliage color. j) All "stand-off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k) Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). 1) Show the location of the GPS antenna on all elevations. 75A-16 APRIL 14, 2008 PAGE 3 OF 5 m) Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not acceptable. n) Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure." The sleeving should go underground through the caisson; shrouds on the outside of the pole are not acceptable. All utilities, coaxial and conduit, for the project should be designed to be underground; this should eliminate the need for an "ice bridge." o) All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. p) If a permanent generator is located on-site, it must meet all local and regional requirements. 8. The permit applicant recognizes that the frequencies used by the cellular facility located at 2210 North Grand Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS) Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 9. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 75A-17 APRIL 14, 2008 PAGE 4 OF 5 10. Before activating its facility, the permit applicant will submit to a post-installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff- Coroner Department or a Division-approved contractor at the expense of the applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 11. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 12. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 13. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 14. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 15. The proposed wireless communication structure must be engineered to allow the co-location of other service providers. 16. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 75A-18 APRIL 14, 2008 PAGE 5 OF 5 17. Conditional Use Permit No. 2006-08 expires 10 years from the date of City Council approval. 18. Sprint PCS and T-Mobile, the lessees for the wireless facility, agree to remove any graffiti on the proposed equipment cabinets and wrought iron perimeter fence. Graffiti removal must be done within 24 hours from occurrence. 75A-19 ORDINANCE NO. NS-2764 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 2210 NORTH GRAND AVENUE FROM SINGLE FAMILY RESIDENTIAL (R-1) TO ARTERIAL COMMERCIAL (C5) (AA NO. 2006-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Applicant is requesting approval of Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08 to rezone a property from Single Family Residential (R-1) to Arterial Commercial (C-5) and construct a 60-foot high cellular antenna for Sprint PCS and T-Mobile at 2210 North Grand Avenue. B. On April 14, 2008, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2006- 02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. C. On May 5, 2008 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral on Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08. D. Amendment Application No. 2006-02 has been filed with the City of Santa Ana to rezone the property located at 2210 North Grand Avenue from Single Family Residential (R-1) to Arterial Commercial (C-5). E. Amendment Application No. 2006-02 is consistent with the General Plan, including but not limited to its goals and policies: 1. To promote a balance of land uses to address basic community needs. Goal 1.0 of the Land Use Element of the General Plan. 2. To promote land uses which enhance the City's economic and fiscal viability. Goal 2.0 of the Land Use Element of the General Plan. F. The City Council has weighed and balanced the general plan's policies and 75A-20 has determined that based upon this balancing that the project at 2210 North Grand Avenue is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 5, 2008 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2006-02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review Nos. 2005-129 and 2007-31 will be filed for this project. Section 2. The real property located at 2210 North Grand Avenue is hereby reclassified from Single Family Residential (R-1) to Arterial Commercial (C-5). (AA No. 2006-02) Amended Sectional District Map number 6-5-9 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to the Request for City Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2008. Miguel A. Pulido Mayor 75A-21 APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-22 Z c1- '99 R1 " Q MD xPon ~ R2 ~~ R1 9~ fl1 C1- q- ~ MD " P R2 R2 T. cr o- MD N les.I is ,z-S-,TTl4'TI"'~n nn r~ ]-5-9 SEVENTEENTH ST. ~ ~ ' SECTIONAL DISTRICT MAP 6-5-9 ADOPTED BV THE SANTAANA CITY COUNCIL AUGUST I7 1959 BV ORDINANCE NS 394 At GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B Ct PARKING MODIFICATION COMMUNITY COMMERCIAL -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT GC M7 GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C2 GENERAL COMMERCIAL LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C3 CENTRAL BUSINESS M2 HEAW INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE MO O MILITARY OPERATIONS R4 SUBURBAN APARTMENT C4 PLANNED SHOPPING CENTER -OZ OPEN SPACE OVERLAY ZONE RE RESIDENTIAL ESTATE C5 ARTERIAL COMMERCIAL P PROFESSIONAL SD SPECIFIC DEVELOPMENT CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN RES./A.A/AN%. NO. pq, D62 ORD./RES. NO. ADOPTED DATE PENDING ~-I I --+ -~ ~I c-t s R1 i .,.:w! HDII ~ R1 R2 2 B ~ z~.a R2 R. 9 "°' 9 Rl ~ a 5 R1 s 2 I r5.g SCALE IN FEET o Iooo 6O- MINIMUM FRONTAGE -6000 MINIMUM LOTAREA THIS MAP IS THE OFFICIAL SECTIONAL DISTRICT MAP OF THE CITY OF SANTA ANA. AS AUTHORIZED BV CITY COUNCIL RESOLUTION NO.Id-183, DATED 1 f-18-]4, I HEREBVATTEST THAT THIS MAP ISATRUE COPY OF THE ORIGINAL SECTIONAL DISTRICT MAP NO. Ede, JAV TREVINO EXECUTIVE DIRECTOR PLANNING d BUILDING AGENCY Certificep Dale _ MaV 92007 ~..: ~'~' ~ ~ REVISEDY//08 KO- 4/28/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-08 TO ALLOW A 60-FOOT TALL CELLULAR MONOPINE AT 2210 NORTH GRAND AVENUE 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. Applicant is requesting approval of Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08 to rezone a property from Single Family Residential (R-1) to Arterial Commercial (C-5) and construct a 60- foot high cellular antenna for Sprint PCS and T-Mobile at 2210 North Grand Avenue. B. On April 14, 2008, the Planning Commission held a duly noticed public hearing and unanimously voted to recommend that the City Council: 1. Adopt an ordinance approving Amendment Application No. 2006- 02. 2. Adopt a resolution approving Conditional Use Permit No. 2006-08 as conditioned. C. On May 5, 2008 the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral on Amendment Application No. 2006-02 and Conditional Use Permit No. 2006-08. D. Conditional Use Permit No. 2006-08 has been filed with the City of Santa Ana seeking to allow a 60-foot tall cellular monopine at 2210 North Grand Avenue. E. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless facilities. F. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? Resolution No. 2008- Page 1 of 8 75A-24 The proposed 60-foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Sprint PCS and T-Mobile wireless services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the northeast sector of Santa Ana. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction with the existing landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance will be the major solution to maintaining and increasing the economic stability for this commercial area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The approval of Amendment Application No. 2006-02 will make this property consistent with other commercial zoning along Grand Avenue and the General Commercial designation of the Santa Ana General Plan. The proposed monopine facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals Resolution No. 2008- Page 2 of 8 75A-25 and objectives of the General Commercial (GC) General Plan designation. G. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review Nos. 2005-129 and 2007-31 will be filed for this project. Section 2. The City Council after conducting the public hearing hereby approves Conditional Use Permit No. 2006-08 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to the Request for City Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2764 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney Resolution No. 2008- Page 3 of 8 75A-26 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of attached Resolution No. Council of the City of Santa Ana on Date: Resolution No. 2008- Page 4 of 8 the Council, do hereby attest to and certify the _ to be the original resolution adopted by the City Patricia E. Healy Clerk of the Council City of Santa Ana 75A-27 Conditions for Approval for Conditional Use Permit No 2006-08 Conditional Use Permit No. 2006-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicants must comply in full with each and every condition listed below rior to exercising the rights conferred by this conditional use permit. The applicants must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicants must comply with all conditions and requirements of the Development Review Committee for development projects (DP No. 05-44 and DP No. 07-12). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Provide one 48-inch box Paperbark Tree, (Melaleuca leucadendra), and 40 five-gallon size Photinia fraserii shrubs along the perimeter of the existing Southern California Edison fence as shown on the site plan. 4. Provide four 24-inch box Hollywood Juniper Trees (Juniperus chinensis `Torulosa') along the east and west edges of the leased areas as shown on the site plan. 5. Provide an eight-foot high wrought iron fence to screen the equipment cabinets. Metal mesh screening shall be attached to the wrought iron fence. 6. Provide 15 five-gallon size Photinia fraserii as a hedge along the south edge of the new wrought iron fence as shown on the site plan. 7. The proposed monopine shall be constructed per the following specifications: Exhibit A Resolution No. 2007- Page 5 of 8 75A-28 a) The monopine should have 3.1 branches per foot for a full density coverage with limited spacing between the branches - 70 percent of the branches should be eight-foot or longer. b) Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c) Branches should exceed all antennas by a minimum of 12 inches. d) Branches should start at 15 feet above the ground. e) There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f) Branches should have an upward sweep similar to that of actual Canary Island Pines. g) Branch foliage color should be an olive green with some brown "needles" to match an actual Canary Island Pine. A sample should be submitted for approval prior to fabrication. h) A sample of bark cladding with a custom color should be submitted for approval prior to fabrication. i) All antennas shall be covered with "pine antenna socks" that match the approved foliage color. j) All "stand-off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k) Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I) Show the location of the GPS antenna on all elevations. m) Provide a "unistrut" detail for the utility cabinet; an "H-frame" is not acceptable. n) Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure." The sleeving should go underground through the caisson; shrouds on the outside of the pole are not acceptable. All utilities, coaxial and Resolution No. 2008- Page 6 of 8 75A-29 conduit, for the project should be designed to be underground; this should eliminate the need for an "ice bridge." o) All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. p) If a permanent generator is located on-site, it must meet all local and regional requirements. 8. The permit applicant recognizes that the frequencies used by the cellular facility located at 2210 North Grand Avenue are extremely close to the frequencies used by the City of Santa Ana for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Incorporated (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, (permit applicant) shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. 9. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. 10. Before activating its facility, the permit applicant will submit to a post- installation test to confirm that "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Santa Ana Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or aDivision-approved contractor at the expense of the applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. 11. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. Resolution No. 2007- Page 7 of 8 75A-30 12. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and a-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 13. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 14. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 15. The proposed wireless communication structure must be engineered to allow the co-location of other service providers. 16. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 17. Conditional Use Permit No. 2006-08 expires 10 years from the date of City Council approval. 18. Sprint PCS and T-Mobile, the lessees for the wireless facility, agree to remove any graffiti on the proposed equipment cabinets and wrought iron perimeter fence. Graffiti removal must be done within 24 hours from occurrence. Resolution No. 2008- Page 8 of 8 75A-31 75A-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2008-O1, AMENDMENT APPLICATION NO. 2008-02 AND VARIANCE NO. 2008-03 TO ALLOW TWO NEW RETAIL BUILDINGS AT 1501 WEST MACARTHUR BOULEVARD - SAPETTO GROUP, APPLICANT C TY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15f Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73. 2. Adopt a resolution approving General Plan Amendment No. 2008-01. 3. Adopt an ordinance approving Amendment Application No. 2008-02. 4. Adopt a resolution approving Variance No. 2008-03 as conditioned. PLANNING COMMISSION ACTION On March 24, 2008, the Planning Commission recommended that the City Council approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73; adopt a resolution approving General Plan Amendment No. 2008-O1; adopt an ordinance approving Amendment Application No. 2008-02 and adopt a resolution approving Variance No. 2008-03 as conditioned by a vote of 4:0 (Betancourt, Gartner and Munoz absent) to allow the construction of two new buildings within an existing retail center at 1501 West MacArthur Boulevard. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J y Trevino Executive Director Planning and Building Agency VF:rb vf/reports/aa08-02&gpa08-O1&va08-03.cc 75B-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 24, 2008 TITLE: PUBLIC HEARING - FILED BY THE SAPETTO GROUP FOR GENERAL PLAN AMENDMENT NO. 2008-01, AMENDMENT APPLICATION NO. 2008-02 AND VARIANCE NO. 2008-03 TO ALLOW TWO NEW RETAIL BUILDINGS AT 1501 WEST MACARTHUR BOULEVARD Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~-~- Planning Manage 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73. 2. Adopt a resolution approving General Plan Amendment No. 2008-01. 3. Adopt an ordinance approving Amendment Application No. 2008-02. 4. Adopt a resolution approving Variance No. 2008-03 as conditioned. DISCUSSION Request of Applicant The Sapetto Group, representing MHI Real Company, is requesting a general plan amendment, amendment application and variance to allow the construction of two new buildings within an existing retail center at 1501 West MacArthur Boulevard. Specifically, the applicant is requesting a zone change to rezone the project site to General Commercial (C-2), a general plan amendment to change the land use designation to General Commercial (GC) with a floor area ratio (FAR) of 0.50 and a variance to allow a reduction in the front yard setback. Property Description The project site is a 2.57-acre parcel of land located near the northwest corner of Bristol Street and MacArthur Boulevard. The site is currently occupied by two buildings constructed in 1978: an 1,800 square foot Der Weinerschnitzel restaurant with drive-through service and a 10,957 square . ~. ~ t LL~ General Plan Amendment No. 2008-O1 Amendment Application No. 2008-02 Variance No. 2008-03 March 24, 2008 Page 2 foot retail building. The vacant west section of the site was formerly occupied by a full service car wash that operated from 1978 until it was demolished in November 2006. The site has a General Plan land use designation of Medium Density Residential (MR-15) and is located within the Two-Family Residential (R-2) zoning district. The property is surrounded by multi-family residential uses to the north and west, commercial and multi-family residential to the south, and office and commercial to the east (Exhibits 1, 2 and 3). Project Description The project involves the construction of two new retail buildings within an existing retail center. The first building will be a one-story, 6,146 square foot structure that will be located immediately west of the existing retail building. The second building will be approximately 4,200 square feet in size and will be located at the corner of MacArthur Boulevard and Plaza Drive. This building is planned for restaurant and similar food related uses and will incorporate an outdoor dining amenity into its design (Exhibits 4 and 5). The existing retail building will also be remodeled to match the architectural design of the two new buildings. A contemporary design theme has been proposed by the developer, with elements such as stacked stone veneer, metal awnings and standing seam metal roofing to be utilized throughout the project (Exhibit 6). Site improvements are proposed on the site that includes decorative paving at the vehicle driveways and pedestrian pathways, restriping and reslurrying of the parking lot, and the replacement of missing plant materials and the installation of new landscape planters (Exhibit 7). Analysis of the Issues The retail center has been at this location since 1978. Additionally, the site contained the Beacon Bay Car Wash, which operated on the west side of the site until it was demolished in late 2006. The applicant is proposing to construct two retail buildings on the vacant site that are intended to attract community oriented retail uses. 75B-3 General Plan Amendment No. 2008-01 Amendment Application No. 2008-02 Variance No. 2008-03 March 24, 2008 Page 3 The existing Medium Density Residential (MR) general plan designation prohibits the use of the site for retail purposes. To allow the project to proceed, three actions are needed. First, a general plan amendment to General Commercial (GC) is required. Additionally, an amendment application must also be approved to change the zoning of the subject property from Two-Family Residential to General Commercial (C-2). Finally, a variance to allow a reduction in the front yard setback is needed. The proposal will assist in supporting various goals and objectives of the Land Use Element of the General Plan. First, the project will assist in promoting a balance of land uses that address community needs, as the residences in the area will be provided with an additional commercial center to serve the southern area of the City. Second, the project will promote land uses, such as restaurants and retail uses, which will enhance the economic and fiscal viability of the City through an increase in property and sales taxes. Finally, the project will preserve and improve the character of the surrounding neighborhood through the numerous improvements proposed for the site including building design, signage, parking lot enhancements and landscaping (Exhibit 8). A zone change to commercial is also required for the site. The project site is located near two major arterial streets that provide ease of access and egress into the site. Although the site is currently zoned to allow a Two-Family residential development such as duplexes, the site has historically been used as a commercial site. Given a need to provide additional niche retail and restaurant uses that are easily accessible and walkable from the surrounding residential developments, a zone change is a viable option for the site. If the zone change is not approved, the vacant one acre parcel to the west would not be a large enough parcel to construct a viable residential project. Finally, the applicant is requesting approval of a variance to reduce the required building setback along MacArthur Boulevard from 15 feet to 10 feet. Section 41-369 of the Santa Ana Municipal Code requires a 15- foot landscaped setback where a property abuts a public street. However, due to a lot size reduction caused by an eight-foot offer to dedicate on MacArthur Boulevard and the configuration of the existing building and parking lot on the east side of the parcel, the applicant has been unable to comply with the setback standard. 75B-4 General Plan Amendment No. 2008-01 Amendment Application No. 2008-02 Variance No. 2008-03 March 24, 2008 Page 4 The City has requested an eight-foot irrevocable offer to dedicate along MacArthur Boulevard for a future westbound travel/right turn lane at Plaza Drive. Until this lane is constructed, an 18-foot landscaped setback will be provided. The application of the zoning code to require a 15-foot setback would result in an adverse impact to the on-site circulation pattern of the project and would result in a loss of 23 parking spaces. To mitigate the reduction in the landscape setback, the applicant is proposing to upgrade the size of the trees within the front yard setback to a minimum 36-inch box size. On March 10, 2008, a public hearing on the project was held by the Planning Commission. At the conclusion of this hearing, the Commission continued the item to allow staff time to research noise and traffic related issues. Noise impacts are not expected from the proposed project since the primary generator of noise (if any) is anticipated to be from the outdoor dining area adjacent to Building Three. To mitigate potential noise impacts, this building has been located approximately 150 feet from the residences to the north, with the outdoor seating area at the south end of the property and away from the residences. Further, no uses are proposed to operate late in the evening. A conditional use permit will be required if any retail and/or restaurant use intends to operate after 12:00 a.m. Traffic related issues were also analyzed for this project. During the peak morning and evening hours, approximately 130 hourly vehicle trips are expected from the center, which is typical for this type and size of retail center. To address issues raised regarding signalization timing at Plaza Drive, the Public Works Agency verified that the pavement loops on MacArthur Boulevard are properly operating. Further, the intersection timing of the signals has being analyzed and the timing refined to optimize overall operations of MacArthur Boulevard traffic signals while minimizing the waiting time for vehicles on Plaza Drive. Finally, to address the signage issue raised at the hearing, staff is requiring the submittal of a sign program for the center. This will ensure that future signage is sophisticated and conveys a sense of high quality. The Gateway Plaza retail center expansion will contribute to the long- term benefit of the neighborhood. The development of this site will allow the construction of buildings that are consistent with the goals and policies of the General Plan. Further, the site will be upgraded to meet or exceed landscaping development standards. Additionally, the project, as conditioned, will not create adverse impacts or be detrimental to the site or neighborhood. Therefore, based upon an 75B-5 General Plan Amendment No. 2008-01 Amendment Application No. 2008-02 Variance No. 2008-03 March 24, 2008 Page 5 analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2008-02, General Plan Amendment No. 2008-01 and Variance No. 2008-03 as conditioned (Exhibits 9 and 10). CEQA Compliance In accordance with the California Environmental Quality Act, a mitigated negative declaration has been prepared for this project. The Mitigation Negative Declaration has been circulated for a 20-day public review period, which will run from March 10 through March 31. The report identifies potential environmental impacts and identifies mitigation measures that reduce the impacts to less than significant levels. The report identified no noise related impacts resulting from the commercial development and less than significant traffic impacts from the project. Although an increase in traffic trips will be generated from the site, the existing arterial highway system (MacArthur Boulevard and Bristol Street) will not be impacted. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73 will be filed for this project (Exhibit 11). ~~ Vince Fr oso, CP Principal ner VF:jm vf/reports/aa08-02&gpa08-01&va08-03.032408.pc 75B-6 R7- PRD a R1- a PRD w ,: 6 R7- U PRD e UUUUL_ C ~l~ C i t y Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL Ct-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE C4 PLANNED SHOPPING CENTER CS ARTERIAL COMMERCIAL CR COMMERCIAL RESIDENTIAL o / C o s t a C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT -F FLOOR AREA RATIO GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE -OZ OVERLAY ZONE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT M e s a PD PLANNED DEVELOPMENT PRD PLANNED RESIDENTIAL DEVELOPMENT R1 SINGLE-FAMILY RESIDENCE R2 TWO-FAMILY RESIDENCE R3 MULTIPLE-FAMILY RESIDENCE R4 SUBURBAN APARTMENT RE RESIDENTIAL ESTATE SD SPECIFIC DEVELOPMENT SP SPECIFIC PLAN AA 08-2/GPA 08-1NA 08-3 ~ GATEWAY PLAZA 1501 WEST MAC ARTHUR BOULEVARD ~ - - = 500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP 7[^~I~T 1 M U L T I \ \ ~~ C O M M E R C I A L F A IL- 1 L Y ~ J R E S I D E N T I A L '~ U W W ~ ~ ~ ~ ~ Q _ ',~,~~~ 8 ~ O ~~ J a MAC ARTHUR BOULEVARD MULTI ; FAMILY ~ RESIDENTIAL J a C O M M E R C I A L N J N m ~ ~ AA 08-2/G PA 08-1 NA 08-3 GATEWAY PLAZA ~~,`, 1501 WEST MAC ARTHUR BOULEVARD P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75B-8 M U L T I ~ C M M E R C I A L F A I L Y ~ J R E S I D E N T I A L '~ V W W ~ ~ N > t ~ J Q ~sJ ~'.I ~ ~ ~ N ~ ' 4 J 4 } ` - W a s MAC ARTHUR BOULEVARD MULTI ; FAMILY ~ 0 C O M M E R C 1 A L RESIDENTIAL N Q J a AA 08-2/G PA 08-1 NA 08-3 ~ GATEWAY PLAZA ~, 1501 WEST MAC ARTHUR BOULEVARD P L A N N I N G A N D B U I L D I N G A G E N C Y ZONING MAP EXHIBIT 3 75B-9 ` ~ la ~ viNao~nv~'vrav virrcs'3niaavmdsaavna~noe an av~vw ~~ 3;y~ ~~ ~ ~ ;n;g^s9 ~~ I ''~' Q '~=; ~ i13.LNHJ'IIV.L32I Q3SOdO2Id I~ ~ ~ : r~ ' ~`s g ~..a sg a n n / I \ €~ syx ll..__ I ao a483 mg~9 8e a Ba & _- - a o ° m amn "eG9 YA °& °F _ -- on e '=z a g I ° ~~--- ~ s ~ ° ~ _ ~aox s~L ~ Ie?Bo I`a I~'E IQ°x s€ __ ~ - e " _»° - ", „ a i g ~ ~ `~ o ~s9 ~s~g~€&x eE ~~§ s ~ - '. it I _. - / a8v E o %. eb '^~°" of $°$ g K 2SRE '~ ~- ~/ =`E „ @ ?Sg3 =~~Y4 $Cu Ee Y53~fl dga=y_ ~'~ ; ~~ °dL _ 8 'r xqa ~"~~&a "E"°s`~a A°=o,ny" ~ ; ..,. ~, "io 2yA °gxa - _`S,~s~ E;xx~Y%~~v p ~d °t__._ _ °F~ A~ a~ Y -E~wy4 °se $.LEr9 .e ~ 5,°`®'ae~`A` i I I.. = e~ Sao .ESA::&o a€~ _ s~ °~@~`~„ ~ oo€x ~sv~g~~a~="A%pE€`4°d€d u~.o%°E ~x ~~ ~~ I --- a ~ _ i `1 1~ _ s ~ 0 0 0 0~ o o ~ u i ~ o ~pi~~ ~ ~{~ ~_ ~ ~ o~ ~ I i ~. iii -_ sib I ,~ I z~ > I 0 ICI I m I~ „ _ E „ ~~ m 0 " ~l u" . „ R~ a' e° ew - ~ „: na OraB ASS 8 ~~ _ ~ _ l~ ii ~~~~~.~ ~~aa~-~~~e „ ~% ~~ dw «.~ '° a~nn `~ ~ ~~ 3 E"C° m~ & k. s € ~ xaz ~ 4A~ ~r ~ 4 e o ~~ ~z .Eon ~~ enp ~5. pySE Y. 4nC ~7 ~~6~a ~~ $~~:p o9l ~dgaa ~ ap~E E u LL9_ '~. 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' ,,,~ 3 ! ! ! s a s' 33 !f!! I d K }! t t !! !!!' t t 1 1 i i y ~ lii ~ i 1 ~ 1 ~ ~ i ~ ~ i' ~ ! i l!~II~ ~ Il~j i i # if l l ! ~l 1 .: F ~~ s~ F, F> :k AA 08-2/GPA 08-1~ ~~~ ~~~ ~ e~ ~~d VA 08-3 EXHIBIT 7 ' `` n M~. • 1 ~ ~ + Z g ~ ,~ ~ ~, ~: W a a..f a U , ~ j t~,:~ , ~ ~ J - i i ~I ~ j ~ i ~A ~ v~''w ' i U Q 1 ~ ', „y I ~, __ - one f '~, s J ~~a_ is ~~ ~- i+ I .o <s c', i - i o I A' ...- ~.,. __ _. o e } ~ ~ ~\` ~ i6 LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-05): GPA 2008-01 (Adopfion Date), GPA 2007-02 (June 18, 2007), GPA 2006-01 (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October 17, 2005), GPA 2004-01 (April 5, 2005, as passed by the voters of Santa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6, 2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000-02 (November 20, 2000), GPA 1999-02 (October 18, 1999), GPA 1999-01 (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-01 (May 4, 1998). AA 08-2/G PA 08-1 / 7~~5 ,-. ~ ~ w !, ., ~ ~ f~ 9 j N ° m v Y' a X 6 C _ ~ ~ m b W ~ ~ ~ ~ ~ ~ ~ m ~ c v~ ~ W C N D L' C U U T rn ~ ~ s E ~ ~ ~ ~ C ~ ~ c 3 a ~ @ ~ ~ V ~ w ~ g 9 ~ ~ ~ ~ ~ ,~ ~ o V~ J fA S .~. ~ C C O O av O '(•~ ~. ~ ~ °J ~ f a~ tv7 rZ+ ~ O ~ i O T 75B-16 N O N O O N O O O _a ~~n ouSo .~-,~o v~iYnooo~no ~ ~I~ f }~ '~A y~ ~ V ' Q S 3 _ .~. ~ N .- .- ~ ~ ~ ~ ~ ~ ~ c ~ ~ ~ 1 A A~, T / W L A• ~+ L 5 ~~ u '9 e5 ~ Q LL ~ z - ` a Q Q~ W ~ O ~ LL ~ _ g A , a~ ~ 3 E ~ 2 S ~ ~ ~ ~ ~ ` a 4 s g N ~ , VJ u.. $ ~ ~ ~ v a ~~ ~ m € g ~ g m m :S :o r ~ : ~'~ 'osvvia°0 . °s 'rc' ` ~ f ~ ~ !n . oe n ov ~ ° ~ .~ ~ .S ~ n ~ a A ~ c~o $:~c ~oFCt°'a°qSa~ z ..V~q ° ~ 9 ~ J • C , ~~ ~ ~~ -. c~ o a a .., ~ F ~^ C o v° u~ ~ °~~E~ °w 8 U U '^ , ~ O a V ? ~ Z p x 3v ~~ci a Vi a b .0 5~,~'~oy4.s S.s€`m~~~rv~Ss~uuu ~ ~ . E ~ $; c FG „ ~ t ! r' , I i ~ ~ , a` EUZ°i EZ(J~U~OXiimrv~a~tAEf lid .-r.AY~A ~Eriabdd~N~S~~A ~L~aOT°rvNl~`IN ~ ~ i tz-~ N Q / . `~A M 75B-17 LAND USE ELEMENT • To encourage lot consolidation for optimal site design, the floor area ratio can be calculated on an area wide basis for contiguous parcels which are part of a large, multi-structure project. • To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer must record deed restrictions limiting the project area to the legally allowed floor area ratio. Land Use Designations The Santa Ana Land Use Plan includes 11 land use designations. These designations indicate the types and intensity of development to be allowed on the property which they cover. Generally, the designation also reflects the predominant development character of the area. As is typical in older, urbanized communities like Santa Ana, there are some areas where existing development does not completely reflect the land use designation of the Land Use Plan. Where these occur the properties are deemed legal conforming and may continue until such time as the property has been vacant for twelve months or more. Each land use designation and a brief description are discussed below. Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Residential/Industrial. The Santa Ana Land Use Plan includes the following residential land use designations: • The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6,474.5 acres) representing 47 percent of the City's total land area. • The Low-Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 443 433.8 acres. The great majority of the land designated as Low-Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile Revised (Adoption Date)) A~~ B ~ 1 8 LAND USE ELEMENT home parks, a mixture of duplexes and single family residences, or small lot subdivisions. • The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 4a-A 413.2 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple-family development projects. • The Residential /Industrial designation permits either residential development up to 15 units per acre or industrial uses. The designation applies to the Logan neighborhood, which was established near the turn of the century. Since the 1930s, this 18.5-acre area has developed with a mixture of residential and industrial uses. • The District Center designation permits residential development up to 90 units per acre when it is a component of a mixed-use, master planned project. In the Metro East District Center residential density is based on a maximum 3.0 floor area ratio and the overlay development standards. This category includes approximately 427 acres and is described in greater detail later in this section. Professional and Administrative Office The Professional/Administrative office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of 621.5 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office-related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue Revised (Adoption Date) A-18 75B-19 LAND USE ELEMENT office corridor between the Santa Ana (I-5) and Costa Mesa (SR-55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: • Professional and administrative offices/office parks; • Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of ~1-A3 1,113.6 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. A-19 Rev/sed (Adoption Date) 75B-20 LAND USE ELEMENT Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the 8,783 units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between ~6 65,212 to 77,820 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build-out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 5~a^''~ 55,658,406 square feet of commercial and office development, and 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Revised (Adoption Date) ~ ~~ _ Amended Table A-4 Land Use Plan Build-out Capacities Intensity/Density Effective Theoretical Land Use Acres Standards Build-outs Build-out Mixed Use2 103.5 ac FAR 3.0 Metro East Residential DC 5,551 d.u. SubTotal 5,551 d.u. Metro East Commercial DC 3,245,185 s.f. 3,245,185 s.f. SubTotal 3,245,185 s.f. 3,245,185 s.f. Residential Low Density Residential LR-7 6,474.4 ac. 7 d.u./ac 45,321 d.u. Low Medium Density Residential LMR-11 433.8 ac. 11 d.u./ac 4,772 d.u. Medium Density Residential MR-15 443:a-as. 413.2 ac. 4 19 0 15 d.u./ac 4-,~-d-r~. 6,198 d.u. 6 Residential/Industrial3 R/1-15 - ~ -as 9.2 ac. 15 d.u./ac 50-~~: 138 d.u. District Center4 DC 35.9 ac. 90 d.u./ac 3,232 d.u. SubTotal 7,366.5 ac. ~ ~-.--o-.-~-ao: r 77,820 d.u., 59,661 d.u. 59-T~d~ , Commercial Professional & Admin. Office PAO 621.5 ac. FAR 0.5-1.0 13,536,270 s.f. 27,072,540 s.f. General Commercial GC 1,113.6 a.c. a 19 FAR 0.5-1.0 24,254,426 s.f. 7A 14Q 171 o f 48,508,852 s.f. A A 77R 7A4 o f District Center4 DC --- 6 323.2 ac. FAR 1.0-2.0 e 14,079,332 s.f. , 28,158,665 s.f. One Broadway Plaza District Ctrg OBPDC 4.3 ac. FAR 2.9 543,193 s.f. 543,193 s.f. SubTotal 2,062.6 ac. 52,413,221 s.f. ~~ Boa a~ a ~ s 104,283,249 s.f. Industrial Industrial IND 2,280.9 ac. FAR 0.45 44,710,202 s.f. 44,710,202 s.f. Residential/Industrial3 R/I-15 18.5 ac. FAR 0.45 180,926 s.f. 180,926 s.f. SubTotal 2,290.1 ac. 44,891,128 s.f. 44,891,128 s.f. Other - Institutional5 INS 812.6 ac. FAR 0.2-0.5 7,079,023 s.f. 17,697,557 s.f. Open Space OS 1,019.0 ac. FAR 0.2 _..8,877,876 s.f. 8,877,876 s.f. SubTotal 1,831.6 ac. 15,956,899 s.f. 26,575,433 s.f. Notes: ,Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center. Residential effective capacity was calculated by adding the 8,783 units possible in the District Center with the existing 74,588 (Census 2000) housing units. zThe Metro East District Center allows a range of intensity for mixture of residential and commercial development based on the Metro East Mixed Use Overlay Zone development standards. ,Land use designation permits both residential and industrial development. Buildout assumed 50% of the land area will be developed as residential and 50% as industrial development. ,Land use designation permits both residential and commercial development. Buildout assumes 90% of land area will be developed as commercial and 10% will be developed as residential. FAR -floor area ratio, d.u. -dwelling units, s.f. -square feet (of floor area). Acreage shown in table does not include roads in right-0f--way. BEffective capacity assumes FAR of 0.2 Bland use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. Revised (Adoption Dete) ~ C ~3~ Variance No. 2008-03 March 24, 2008 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The proposed reduction in the front yard setback will allow the applicant the ability to construct a new addition to the Gateway Plaza retail center. Due to the conveyance of land for the widening of MacArthur Boulevard, the placement of the new buildings was constrained. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will preserve the property owner's ability to develop the property with a project that will be consistent with the General Commercial (C-2) zoning district and with a project that is consistent with the goals and policies of the General Plan. A condition of approval has been incorporated that will require additional, enhanced landscaping along MacArthur Boulevard to mitigate the loss of setback area. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the setback variance will not be detrimental to the public welfare or injurious to surrounding property. The proposed buildings will be buffered by landscaping and outdoor plaza area and will allow the buildings to be placed at the rear of the site, thereby reducing the impact to the adjacent residential uses. EXHIBIT 9 75B-23 Variance No. 2008-03 March 24, 2008 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City as retail uses are permitted in the General Commercial (GC) General Plan land use designation. Further, the proposed building is consistent with Goals 1, 2 and 3 of the General Plan Land Use Element, which encourage the City to promote a balance of land uses to address basic community needs, promote uses that enhance the City's economic and fiscal viability and improve the character and integrity of existing neighborhoods. 75B-24 MARCH 24, 2008 PAGE 1 OF 1 Conditions of Approval Variance No. 2008-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Standards Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. All proposed site improvements must conform with the Site Plan Review approval of DP No. 07-19 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Prior to issuance of any building permit, a voluntary lot merger to combine the lots into one parcel shall be recorded. 4. Landscaping along the south property line shall be upgraded to 36-inch box trees. 5. Prior to submittal into building plan check, revise the plans to show decorative paving will be installed at all project driveway entries. B. Police Department 1. Prior to issuance of any building permit, submit a conceptual lighting plan for the parking lot. Light standards cannot be located in landscaped areas to avoid conflict with the canopy growth of trees. 2. The existing parking lot and structures must conform to the provision of the Building Security Ordinance, including lighting, doors and window locking devices, and addressing. ~~~ c MAYOR Miguel A. Pulido MAYOR PRO TEM Carlos Bustamante COUNCILMEMBERS Claudia C. Alvarez P. David Benavides Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 • Santa Ana, California 92702 (714) 667-2700 . Fax (714) 973-1461 www.santa-ana.org CITY MANAGER David N.- Reim - _ "C~ ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Gateway Plaza Retail Center Project Description: The proposed project consists of the construction of two new retail buildings totaling 10,400 square feet with related parking and landscape. The buildings replace a car wash that was previously demolished and will be an addition to an existing 12,900 square foot retail center. Project Location: 1501 West MacArthur Boulevard Project Number: AA No. 2008-02, GPA No. 2008-01, Variance No. 2008-03 and ER No. 2007-73 Public Review Period: March 10, 2008 to March 30, 2008 Hearing Date: April 7, 2008 Hearing Location: City of Santa Ana Council Chambers, 22 Civic Center Plaza Santa Ana, CA 92702 The Mitigated Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before March 30, 2008. Please direct your comments to: Vince Fregoso, Principal Planner, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Vince Fregoso at (714) 667-2713. ~~ MAYOR Miguel A. Pulido MAYOR PRO TEM Carlos Bustamante COUNCILMEMBERS Claudia C. Alvarez P. David Benavides Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 • Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 www.santa-ana.org MITIGATED NEGATIVE DECLARATION CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: Amendment Application (AA) No. 2008-02, General Plan Amendment (GPA) No. 2008-01, Variance No. 2008-03 & Environmental Review No. 2007-73 Applicant: MHI Real Company 1601 Dove Street, Suite 145, Newport Beach, CA 92660 Project Location /Address: 1501 West MacArthur Boulevard Project Title /Description: The proposed project consists of the construction of two new retail buildings within an existing retail center. The first building will be a one- story, 6,146 square foot structure that will be located immediately west of the existing retail building. The second building will be approximately 4,200 square feet in size and will be located at the corner of MacArthur Boulevard and Plaza Drive. This building is planned for restaurant and similar food related uses and will incorporate an outdoor dining amenity into its design. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures paced on the project, and agreed to by the applicant, reduce each impact to below a level of significance. ~ 3 ~.~ Signature. Date: 7 Principal Plann This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 75~3~~ Environmental Checklist CEQA Compliance PLANNING DIVISION Project Title: Gateway Plaza Project Numbers: AA 2008-02, GPA 2008-01, VA 2008-03 and ER 2007-73 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Vince Fregoso (714) 667-2713 V. Project Location: 1501 West MacArthur Boulevard VI. Project Sponsor's Name and Address: Larry Smith, MHI Real Company, 1601 Dove Street, Suite 145, Newport Beach, CA 92660 VII. General Plan Designation: Medium Density Residential (MR) VIII. Zoning: Two-Family Residential (R-2) IX. Description of Project: The proposed project consists of the construction of two new retail buildings within an existing retail center. The first building will be a one-story, 6,146 square foot structure that will be located immediately west of the existing retail building. The second building will be approximately 4,200 square feet in size and will be located at the corner of MacArthur Boulevard and Plaza Drive. This building is planned for restaurant and similar food related uses and will incorporate an outdoor dining amenity into its design. The existing retail building will also be remodeled to match the architectural design of the two new buildings. A contemporary design theme has been proposed by the developer, with elements such as stacked stone veneer, metal awnings and standing seam metal roofing to be utilized throughout the project. Site improvements include decorative paving at the vehicle driveways and pedestrian pathways, restriping and reslurrying of the parking lot, and the replacement of missing plant materials and the installation of new landscape planters. The project will provide 160 parking spaces and meet the landscape standards for the zone. As the project currently has residential general plan and zoning designations, a general plan amendment and zone change to commercial is proposed. Additionally, a variance to allow a reduction in the front yard setback is requested. X. Surrounding Land Uses and Setting: The project site is a partially developed, rectangular shaped parcel located on the northeast corner of MacArthur Boulevard and Plaza Drive. Vehicular access to the site is from both MacArthur Boulevard and Plaza Drive, with MacArthur Boulevard listed as major arterial streets in the Circulation Element of the City's General Plan. The surrounding land uses include residential to the north and west, and commercial to the south and east. XI. Other agencies whose approval is required. No approval is required from outside agencies. LL\M:\WP51\MISC\Gateway Plaza IS.doc R R Page 1 of 2 75~ 3i~~+ Environmental Checklist CEQA Compliance Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. O Aesthetics O Agricultural Resources O Air Quality O Biological Resources O Cultural Resources O Geology and Soils O Hazards and Hazardous Materials O Hydrology and Water Quality O Land Use and Planning Environmental Determination On the basis of this initial evaluation, I find that: O Mineral Resources O Noise O Population and Housing O Public Services O Recreation O Transportation and Traffic O Utilities and Service Systems O Mandatory Findings of Significance A. ^ The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. ® Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. C. ^ The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. ^ Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -)pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. ^ Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. ^ Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. -)has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. `~ C 3 ~ ~~' Sig ature Date Vince Fregoso. Principal Planner Printed Name LL\M:\WP51\MISC\Gateway Plaza IS.doc ~ ~~ 3~ ~ Page 2 of 2 Environmental Checklist CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Less than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Issues & Supporting Information Sources I. Aesthetics -Would the project: Less than Significant Potentially with Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact A. Have a substantial adverse effect on a scenic vista? ^ ^ ^ B. Damage scenic resources, including but not limited ^ ^ ^ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? ^ ^ ^ D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ ® ^ 75~~~0 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or ^ ^ ^ Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) B. Conflict with existing zoning for agricultural use or a ^ ^ ^ Williamson Contract? C. Involve other changes in the existing environment ^ ^ ^ which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? III. Air Quality -Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of ^ ^ ^ applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or ^ ^ ® ^ contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase ^ ^ ® ^ of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant ^ ^ ® ^ concentrations? 75~~~ 1 ~ i " '~~ Environmental Checklist 1 ! CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact E. Create objectionable odors affecting a substantial ^ ^ ^ number of people? IV. Biological Resources -Would the project: A. Have a substantial adverse impact, either directly ^ ^ ^ or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian ^ ^ ^ habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands ^ ^ ^ (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances ^ ^ ^ protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources -Would the project: A. Cause a substantial adverse change in the ^ ^ ^ significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the ^ ^ ^ significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique ^ ^ ^ paleontological resource or site? 75~r~32 i i " '~~ Environmental Checklist ,~ CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact D. Disturb any human remains, including those ^ ^ ^ interred outside of formal cemeteries? VI. Geology and Soits -Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of a known earthquake fault, as ^ ^ ^ delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? ^ ^ ® ^ 3. Seismic-related ground failure, including ^ ^ ® ^ liquefaction? 4. Landslides? ^ ^ ^ B. Would the project result in substantial soil erosion ^ ® ^ ^ or the loss of topsoil? C. Would the project result in the loss of a unique ^ ^ ^ geologic feature? D. Is the project located on strata or soil that is ^ ^ ® ^ unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of ^ ^ ^ wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? 75~~~3 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact VII. Hazardous and Hazardous Materials -Would the project: A. Create a significant hazard to the public or the ^ ^ ^ environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or ^ ^ ^ acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of ^ ^ ^ hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use ^ ^ ^ plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality -Would the project: A. Violate Regional Water Quality Control Board ^ ® ^ ^ water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or ^ ^ ^ interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of ^ ^ ® ^ the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? 75~3~4 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact D. Create or contribute runoff water which would ^ ^ ® ^ exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? ^ ® ^ ^ F. Place housing within a 100-year floodplain, as ^ ^ ^ mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which ^ ^ ^ would impede or redirect flood flows? H. Expose people or structures to a significant risk of ^ ^ ^ loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to ^ ® ^ ^ receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water ^ ® ^ ^ quality during or following construction? K. Could the proposed project result in increased ^ ® ^ ^ erosion downstream? L. Result in increased impervious surfaces and ^ ® ^ ^ associated increased runoff? M. Create a significant adverse environmental impact ^ ® ^ ^ to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as ^ ® ^ ^ listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? 75,~~5 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues 8~ Supporting Information Sources Impact Incorporated Impact Impact O. Tributary to other environmentally sensitive areas? ^ ® ^ ^ If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact ^ ® ^ ^ on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on ^ ® ^ ^ groundwater quality? R. Cause or contribute to an exceedance of ^ ® ^ ^ applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? ^ ® ^ ^ IX. Land Use and Planning -Would the project: A. Physically divide an established community? ^ ^ ^ B. Conflict with any applicable land use plan, policy, ^ ^ ^ or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation ^ ^ ^ plan or natural community conservation plan? X. Mineral Resources -Would the project: A. Result in the loss of availability of a locally- ^ ^ ^ important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 75,6 Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XI Noise -Would the project result in: A. Exposure of persons to or generation of noise ^ ^ ® ^ levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ^ ^ ® ^ groundborne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise ^ ^ ® ^ levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ^ ^ ® ^ ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use ^ ^ ^ plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing -Would the project: A. Induce substantial population growth in an area, ^ ^ ^ either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, ^ ^ ^ necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, ^ ^ ^ necessitating the construction of replacement housing elsewhere? 75-~7 L i " '~ Environmental Checklist CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? ^ ^ ® ^ 2. Police protection? ^ ® ^ ^ 3. Schools? ^ ^ ^ 4. Parks? ^ ^ ^ 5. Other public facilities? ^ ^ ^ XIV. Recreation A. Would the project increase the use of existing ^ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or ^ require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ^ ^ ^ ^ XV. Transportation /Traffic A. Cause an increase in traffic which is substantial in ^ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? ® ^ 751°8 t i "'~~ Environmental Checklist i j CEQA Compliance Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact B. Exceed, either individually or cumulatively, a level ^ ^ ^ of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including ^ ^ ^ either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature ^ ^ ^ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? ^ ^ ^ F. Result in inadequate parking capacity? ^ ^ ^ G. Conflict with adopted policies supporting ^ ^ ^ alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the ^ ^ ^ applicable Regional Water Quality Control Board? B. Require or result in the construction of new water ^ ^ ^ or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm ^ ^ ^ water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the ^ ^ ^ project from existing entitlements and resources or are new or expanded entitlements needed? 75~~~9 Environmental Checklist CEQA Compliance E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact F. Is the project served by a landfill with sufficient ^ ^ ® ^ permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and ^ ^ ® ^ regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the ^ ^ ^ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually ^ ^ ^ limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which ^ will cause substantial adverse effects on human beings, either directly or indirectly? ^ ^ 75,0 Responses to Environmental Checklist For CEQA Compliance The following is an analysis of potential environmental impacts associated with the proposed project based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference information from the environmental impact report for the Santa Ana General Plan Land Use Element (EIR No. 97-1 ). 1. Aesthetics- A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact According to the City's General Plan Land Use Element FEIR, there are no scenic vistas within the immediate vicinity of the project site. The Orange Freeway (SR-57), Newport Freeway (SR-55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The proposed project site is not visible from any of those highways and therefore will not damage or destroy any scenic resources that are located within the vicinity of these highways. C. Substantially degrade the existing visual character or quality of the site and its surrounding? D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less than significant impact The proposed project will not degrade the visual quality of the site, with impacts anticipated to be beneficial, not adverse. The project replaces a carwash development with better materials. Major sources of light and glare in the project area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting which will be discernable over existing conditions. II. Agricultural Resources A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non- agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact Although a portion of the site is vacant, the proposed project will replace a former urban development (carwash) on the site, which is not in agricultural production. Additionally, according to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Presently, there are no areas in the City that are under existing Williamson Contracts. Therefore the proposed project will not result in any adverse impacts to agricultural resources. 751~3t~1 Responses to Environmental Checklist For CEQA Compliance III. Air Quality A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in the General Plan. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in the City's General Plan. The proposed commercial project will not impact the growth projections in the General Plan. Therefore, approval of the proposed general plan amendment and amendment application would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? D. Expose sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? Less than significant impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently anon-attainment area for carbon monoxide, ozone, and particulate matter. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tonsl Operations PoundslDa Quarter Pounds/Da Carbon Monoxide 550 24.75 550 Reactive Organic Com ounds 75 2.5 55 Nitro en Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-Term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the City's General Plan and would not exceed the air pollutant emission projections established in the General Plan Land Use Element EIR. 7aE~~2 Responses to Environmental Checklist For CEQA Compliance ort-term onstructe Relate Air uality Impacts Construction operations associated with the proposed project could potentially result in short-term increases in particulate matter, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed project would occur during the grading and demolition phases. Using the South Coast Air Quality Management District CEQA Air Quality Handbook as a general guideline, the threshold for potentially significant short-term air quality impacts would involve the grading of 1,309,000 square feet of area and the demolition of 23,214,000 cubic feet of building area. The proposed project would require no demolition and re-grading of 43,465 square feet of lot area only. The amount of grading and demolishing activities for the proposed project would be considerably less than the threshold of significance outlined in the CEQA Air Quality Handbook. While the construction related emissions associated with the proposed project would not exceed the thresholds established by the SCAQMD, the emissions could be a nuisance to other existing land uses in the nearby vicinity of the project site. To minimize short-term construction related to air impacts within the project area, the following project enhancement measure shall be implemented. Project Enhancement Measure During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. 2. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 3. Streets surrounding the project site shall be cleaned at the end of each day of construction. 4. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 5. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 6. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 7. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. In addition, it has been determined that implementation of the proposed project would not result significant long-term or short-term air quality impacts. Therefore, the proposed project area would not be exposed to substantial concentrations of air quality pollutants. Finally, the proposed project is a retail land use and would not generate significant long-term operational odors. Construction equipment and operations associated with the proposed project could potentially result in odor impacts. However, the odors would be short-term and would not be considered significant. 75~~>~3 Responses to Environmental Checklist For CEQA Compliance IV. Biological Resources A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The City of Santa Ana General Plan Land Use Element EIR indicates that Santa Ana is predominantly built-out and that all sizable expanses of undisturbed native vegetation have been eliminated. Approval and implementation of the proposed project will not result in impacts to any on-site biological resource. V. Cultural Resources A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the National Register of Historical Structures and the City of Santa Ana Local List of Historical Properties, there are no historical structures located on the project site. Therefore, implementation of the proposed project would not result in significant impacts to any historic resource. B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City's General Plan Land Use Element EIR, there are no known or recorded archaeological or paleontological resources on or within the vicinity of the project site. Additionally, the project site is partially developed and vacant. The probability for the discovery of unknown cultural resources would be low. Therefore, implementation of the proposed project would not result in impacts to unknown cultural resources. 754 Responses to Environmental Checklist For CEQA Compliance VI. Geology and Soils A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the City's General Plan Land Use Element EIR, the project site is not located within a current Alquist-Priolo Earthquake Fault Zone. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of Southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a maximum credible horizontal ground acceleration of 0.30g from a magnitude 6.9 earthquake along the Newport/Inglewood fault zone. A seismic event of this scale could potentially result in significant damage to the project site. However, the risks at the project site are similar to many other areas in the Southern California region. To minimize potential seismic shaking impacts, the proposed project would be subject to Seismic Safety Standards of the California Standards Building Code. Compliance with the Code would reduce potential impacts associated with seismic shaking activity to a level that would be less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subject to large ground accelerations generated from seismic events. According to the City's General Plan Land Use Element EIR, the project site is located in an area that is characterized with high-very high liquefaction hazard potential. To minimize potential liquefaction impacts, the proposed project would be subject to Seismic Shaking Standards of the California Standards Building Code. Compliance with the Code would reduce potential liquefaction impacts to a level considered less than significant. A-4. Landslides No Impact The project site is flat without any topographical relief. According to the City's General Plan, there are no landslide planes on the project site. Therefore, implementation of the proposed project would not result in adverse impacts in regards to landslides. B. Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant With Mitigation Incorporated 75~~,~5 Responses to Environmental Checklist For CEQA Compliance rosion re ers to the removal o soi rom exposed be roc su aces y water or win e e ects o erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for the proposed project would require excavation of onsite soils. The uncovered soils on the project site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. To minimize potential erosion impacts, the proposed project would be required to employ the following Best Management Practices during construction operations. Mitigation Measure Prior to the issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control° and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. C. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR, the project site does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact According the City's General Plan Land Use Element EIR, the project site is located on soils that have high shrink/swell potential, possible corrosion potential to uncoated steel and low corrosion potential to concrete. The soil conditions on the project site would not provide a constraint that would prevent the development of the proposed project. As part of the City's development review process, a geotechnical study would be prepared to identify geotechnical design recommendations to ensure the long-term geotechnical stability of the project site. E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact The project site is an improved building site with an improved sewer system. In terms of geological stability, the project will not require the expansion of additional sewer facilities. 75~3~6 6 Responses to Environmental Checklist For CEQA Compliance VII. Hazards and Hazardous Materials A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed retail development would have no impact on transport or disposal of hazardous material in that the proposed project would not involve activities that would emit hazardous or acutely hazardous material. Additionally, according to the City of Santa Ana Fire Department and the City's General Plan, the project site is not included on a list of hazardous material sites. Implementation of the proposed project would not create a significant hazard to the public or the environment. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones, nor is the proposed project located within a John Wayne Airport Planning Area. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed project would not increase the potential for safety hazards for people residing in or working within the City. VIII. Hydrology and Water Quality A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? E. Otherwise substantially degrade water quality? Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? 7~3t~7 Responses to Environmental Checklist For CEQA Compliance O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? Q. Have a potentially significant adverse impact on the groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Less Than Significant With Mitigation Incorporated The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. Storm water flows from the project site would be conveyed to an underground storm drain before ultimately discharging into Santa Ana River watershed. The Santa Ana Regional Water Quality Control Board has identified Santa Ana River as impaired by nutrients, sediments, metals and pesticides. The primary source of potential adverse water quality impacts associated with the construction and operation of the proposed project would be from nuisance flows. Nuisance flows is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscapirig irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. Additionally, surface water runoff generated from the project site during construction operations could be degraded potentially resulting in adverse water quality impacts to downstream receiving waters. Mitigation Measures • Prior to issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes; (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (B) Two copies of the Storm Water Pollution Prevention Plan. • Prior to issuance of grading permits, the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. • Provide two copies of the Water Quality Management Plan that would include the following: Site Assessment 7~~~8 Responses to Environmental Checklist For CEQA Compliance b. ite design Best Management Practices P c. Applicable Routine Source Control BMP Selecting and sizing the Treatment Control BMP e. Mechanisms by which funding for long-term operation and maintenance of all structural BMP will be provided Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation • The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. No Impact The proposed project would not interfere with ground water recharge because the project area is not located in an area that is known to recharge the ground water system. Additionally, construction operations for the proposed project would not encroach onto the underground water basin. Implementation of the proposed project would not result in significant impacts to any underground water supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run- off? Less than Significant Impact The project site is located within an urbanized area with improved drainage facilities. The proposed project would not introduce additional impervious surfaces unto the project site. There would be no significant increase in the surface water flows generated from the project site because the site is currently imperious and the project would just replace similar materials. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact 7~~~~49 9 Responses to Environmental Checklist For CEQA Compliance The City of Santa Ana is a participant in the National Flood Insurance Program {NFIP). Communities participating in the NFIP must adopt and enforce minimum floodplain management standards, including identification of flood hazards and flood risks. Participation in the NFIP allows communities to purchase low cost insurance protection against losses from flooding. The published Flood Insurance Rate Maps (FIRM) for the project site is included on Community Panel No. 06059C0259H. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100-year flood and 500-year flood. Implementation of the proposed project would not significantly increase the potential for flood risks. IX. Land Use and Planning A. Physically divide an established community? C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact The project site is currently developed with a commercial development oriented towards one arterial street. The new development will continue the existing development pattern and will not divide existing neighborhoods. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? No impact The General Plan land use designation and zoning for the site are residential but has been historically used as commercial. The proposed project includes a general plan amendment and zone change to allow the properties to be redesignated to be consistent with the existing development as well as allow retail uses on a major arterial street. The proposed project will continue the existing development pattern and will not create a conflict with any applicable land use plan, policy or regulations adopted for the purpose of avoiding or mitigating an environmental effect. X. Mineral Resources A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's Updated General Plan Land Use Element EIR, there are no areas in Santa Ana that are designated significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. Noise A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. 7~~3~0 10 Responses to Environmental Checklist For CEQA Compliance C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact The project site is subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and minimize the adverse effects of currently-existing noise sources." In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels are presented in Table N-1. Table N-1 Ci Of Santa Ana Land Use Gu idelines For Exterior Noise Land Use Noise Level dBA CNEL or Ldn Desirable Maximum Maximum Acce table Low Densit Residential 55 65 Medium Densit Residential 60 65 Hi h Densit Residential 65 70 Schools 60 70 Commercial, Office 65 75 Industrial 70 75 A significant noise impact would occur if a proposed land uses does not comply with the General Plan noise standards identified in Table N-1, or when a proposed land use results in an 3dB increase to existing noise levels when the existing noise level is at least 65 d6 CNEL. The operation of the proposed project would not significantly increase noise levels within the project site. A significant increase in noise would be a 3dB increase over existing noise levels. Typically, a 3db increase in noise levels occurs when existing traffic volumes are doubled. The proposed project would not double existing traffic volumes within the project area. Therefore, implementation of the proposed project would not result in a 3db increase to existing noise levels within the project area. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact The construction of the proposed project would involve conventional construction equipment resulting in less than significant ground borne vibration impacts. No mitigation measures are necessary. Implementation of the proposed project would result in short-term construction related noise impacts. Short-term noise impacts would result from site preparation, excavation, grading, and other construction operations. The construction-related short-term noise levels would be higher than the existing or ambient noise levels in the project area today, but would no longer occur once construction of the project is complete. 7~~1 tt Responses to Environmental Checklist For CEQA Compliance T e Municipa ode recognizes that some orms o noise are require or urban eve opment an maintenance and are difficult to control. Section 18-314(e) exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Compliance with Noise Ordinance would reduce construction noise impacts to a level considered less than significant. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is located within atwo-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. No impact is anticipated. XII. Population and Housing A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project would replace an existing commercial development with another commercial use. Implementation of the proposed project would not increase the population within the project area or displace existing households within the project area. The proposed project is consistent with the General Plan and local and regional growth projections for the project area. XIII. Public Services Fire Protection: Less than Significant Impact The City of Santa Ana Fire Department will provide fire protection and emergency services to the project site. The City maintains ten fire stations throughout the City. The stations are situated where no location in the City is outside of an approximate 1.5 radius of a fire station. Additionally, the City maintains a Mutual Aid Agreement for fire protection services with the neighboring Cities of Fountain Valley, Garden Grove, Tustin, Irvine and Costa Mesa. According to the City of Santa Ana Insurance Service Organization, the City has a low fire risk rating. Fire Station No. 6 is located at the corner of MacArthur Boulevard and Towner Street and is approximately %2 mile from the project site. According to the Santa Ana Fire Department, implementation of the proposed project would not increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment the Fire Department would be able to provide an adequate level of service. 7 ° ~2 12 Responses to Environmental Checklist For CEQA Compliance Police Protection: Less than Significant With Mitigation Incorporated The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the extended hours of operation may potentially increase the demand for police protection services over current levels of manpower and equipment. In order to minimize the potential impacts associated with the extended hours of operation, the Police Department is recommending the following mitigation measures: Mitigation Measures: • The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. • The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. Schools, Parks, Other Facilities: No Impact Implementation of the proposed project would not generate demand for additional school services above the current conditions, nor would it generate demand for additional park services. No adverse impacts to schools, parks or other public services would occur. XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact Implementation of the proposed project would not generate additional demands on existing recreation facilities or require the construction of new recreation facilities. No adverse impacts to recreation services and facilities would occur. XV. TransportationlTraffic A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? Less than Significant Impact with mitigation incorporated The implementation of the proposed project would increase vehicle trips in the project area in that the project replaces land zoned for residential uses. According to projected trip generation prepared by the City of Santa Ana Traffic Division, an additional 2,000 trips may be anticipated from the commercial development, with only 130 trips in the peak a.m. hour and 120 in the peak p.m. hour. In order to mitigate the traffic projections for the proposed project, the following mitigation measures are proposed: 7~~~~3 13 Responses to Environmental Checklist For CEQA Compliance Mitigation Measures: • Provide an irrevocable offer to dedicate eight feet of right-of-way along the project frontage to allow an ultimate street centerline to property line width of 60 feet. • Provide a 25 foot by 25 foot dedication for a corner cutoff/handicap ramps at the northeast corner of MacArthur Boulevard and Plaza Drive. • Record reciprocal ingress/egress easements between the project site and the properties to the east. B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact The proposed project will not result in an increase in traffic that will affect the level of service standard for MacArthur Boulevard or Bristol Street, the two arterial streets in the immediate vicinity. No impact is anticipated. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is located within atwo-mile radius of the airport. The maximum height of the building is 32 feet. No impact is anticipated. D. Substantially increase hazards to a design feature No Impact Through the City's development review process, the City's Public Works Agency has determined that implementation of the proposed project would not increase traffic hazards within the project area. E. Result in inadequate emergency access No Impact As part of the City's development review process, the proposed project was reviewed by the Police Department and the Fire Department to ensure adequate emergency access. No adverse emergency access impacts would be associated with the proposed project. F. Result in inadequate parking capacity No Impact The project's parking requirement, based on the City of Santa Ana parking code is 152 parking stalls. The project will contain 160 parking stalls; therefore the project complies, and exceeds, the City's parking requirement. 7 ~ iC ^ 14 Responses to Environmental Checklist For CEQA Compliance G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any City policies regarding alternative modes of transportation. Nor would implementation of the proposed project displace any existing modes of public transportation provided within the project area. XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. No Impact The Orange County Sanitation District (OCSD) regulates wastewater treatment for the City of Santa Ana. The proposed project will not cause any violation of those standards set forth by the OCSD. The City of Santa Ana and OCSD would provide wastewater service to the proposed project. The project area is currently improved with wastewater sewer facilities. Implementation of the project wtluld not increase wastewater demands in the project area over current condition. The wastewater demands of the project would be accounted for in the City's Urban Water Management Plan. Additionally, implementation of the project would not increase the amount of surface water runoff currently generated from the project site. The project would not require the construction of new drainage facilities. The City of Santa Ana Water Department would provide domestic water service for the proposed project. Implementation of the proposed project would not increase water demand within the project area over the current condition. The proposed project is consistent with the General Plan and water demands are accounted for in the City's Urban Water Management Ptan. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact 75~~5 15 Responses to Environmental Checklist For CEQA Compliance The ity o ants na woul prove a soli waste collection services to t e project site. olid waste is transported to the Environmental Service transfer station in Irvine, and then taken to the Bowerman Landfill. The Bowerman Landfill is permitted to accept 8,500 tons per day and is anticipated to close in year 2024. The California Integrated Waste Management Act of 1989 (AB 939) mandates all cities and counties in California to divert fifty percent of solid waste generated from landfill disposal. As part of the General Plan, the City of Santa Ana has prepared a Source Reduction and Recycling Element, which describe how the City :complies with the mandates of AB 939. In order to comply with the requirements of AB 939, the City has implemented several waste reduction programs including green waste programs, source reduction programs, and recycling programs. The proposed project would not significantly increase the demand for solid waste disposal. Compliance with the City's recycling program would reduce long-term solid waste disposal service impacts to a level considered less than significant. XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species, in that no fish, wildlife populations or cultural resources are known to exist on the project site. Additionally, it is unlikely that unknown cultural resources would be discovered on the project site as it has previously been developed. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Implementation of the proposed project would not result in cumulative impacts to the environment. The proposed project would comply with the applicable requirements of the California Standards Building Code, conditions of approval and mitigation measures, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Construction and operation of the proposed project would not involve any activities that would cause substantial adverse effects on human beings, either directly or indirectly. Mitigation measures have been identified to reduce potential impacts to the environment and human beings to a level considered less than significant. 7v~~~6 t6 Responses to Environmental Checklist For CEQA Compliance XVIII. References City of Santa Ana Updated General Plan Land Use Element February 1998. City of Santa Ana Updated General Plan Land Use Element Environmental Impact, January, 1998, SCH 97071058 City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Urban Design Element, July 6, 1998 City Santa Ana Local Register of Historic Structures National Register of Historic Structures Flood Insurance Rate Map Community Panel No. 06059C0259H City of Santa Ana Development Review Committee, August 2007 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 1999 Site Visit by Vince Fregoso, Principal Planner, February 2008 Integrated Waste Management Solid Waste Generation Rate City of Santa Ana 2000 Urban Water Management Plan XX.PREPARERS Vince Fregoso, City of Santa Ana Principal Planner 7 ~L~df-3~ ~ 17 GATEWAY PLAZA MITIGATION MONITORING PLAN ENVIRONMENTAL REVIEW NO. 2007-73 MITIGATION MEASURE AGENCY APPROVAL Prior to issuance of Gradin Permit and durin construc tion • During construction, the contractor shall comply Public Works with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: o All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. o All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. o Streets surrounding the project site shall be cleaned at the end of each day of construction. o All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. o The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. o Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. o To the extent feasible, gasoline powered equipment shall be used for onfite and offsite construction activities. • The project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. 75B-58 • Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). • Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. • Provide two copies of the Water Quality Management Plan that include the following: o Site Assessment o Site design Best Management Practices (BMP) o Applicable Routine Source Control BMP o Selecting and sizing the Treatment Control BMP o Mechanisms by which funding for long-term operation and maintenance of all structural BMP will be provided o Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation • The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Ente rise Fees. Prior to the issuance of a Buildin Permit • Provide an irrevocable offer to dedicate eight Public Works feet of right-of--way along the project frontabge to allow an ultimate street centerline to property line width of 60 feet. • Provide a 25 foot by 25 foot dedication for corner cutoff/handicap ramps at the northeast corner of MacArthur Boulevard and Plaza Drive. • Record reciprocal ingress/egress easements between the project site and the properties to the east. 75B-59 The buildings and parking lot must conform to Police the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3 75B-60 KO- 4/29/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM (ENVIRONMENTAL REVIEW NO. 2007-73) AND AMENDING THE GENERAL PLAN OF THE CITY OF SANTA ANA TO MODIFY THE LAND USE ELEMENT (GPA NO. 2008-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008-01, Amendment Application No. 2008-02 and Variance No. 2008-03 to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet to allow the construction of two new buildings within an existing retail center at 1501 West MacArthur Boulevard. B. On March 24, 2008, the Planning Commission held a duly noticed public hearing and voted by a vote of 4:0 (Betancourt, Gartner and Munoz absent) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73. 2. Adopt a resolution approving General Plan Amendment No. 2008- 01. 3. Adopt an ordinance approving Amendment Application No. 2008- 02. 4. Adopt a resolution approving Variance No. 2008-03 as conditioned. C. On May 5, 2008, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written Resolution No. 2008-XXX Page 1 of 4 75B-61 and oral. D. General Plan Amendment No. 2008-01 has been filed with the City of Santa Ana to modify the Land Use Element to change the property located at 1501 West MacArthur Boulevard from Medium Density Residential (MR) to General Commercial (GC). E. The Council finds that General Plan Amendment No. 2008-01 is consistent with the General Plan, including but not limited to its policies and goals of: Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 3. Support land uses with provide community and regional economic and service benefits. Land Use Element Policy No. 4.3. F. The Council finds that the City's general plan is designed, as it must be, to accommodate a wide range of competing interests -including those of developers, neighborhoods and homeowners, prospective homebuyers, environmentalists, current and prospective business owners, jobseekers, taxpayers, and providers and recipients of all types of city-provided services -and to present a clear and comprehensive set of principles to guide development decisions. The City's general plan sets forth these guiding principles. Once in place, it is the province of this Council to examine the specifics of a proposed project to determine whether it would be in harmony with the policies stated in the general plan. G. The City Council has weighed and balanced the general plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2008-01 is consistent with the purpose of the general plan. H. Amendment Application No. 2008-02, and Variance No. 2008-03 also came before the City Council on May 5, 2008 for public hearing. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolution in support of this resolution and the findings made herein. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2007-73 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and Resolution No. 2008-XXX Page 2 of 4 75B-62 mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The City Council hereby, approves General Plan Amendment No. 2008-01. The pages changed in the Land Use Element (Exhibit A) are attached hereto and incorporated herein by this reference as though fully set forth. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This resolution shall not be effective unless and until Ordinance No. NS-2765 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. The City Council expressly reserves the right to modify, amend or repeal this resolution at any time by adoption of a subsequent resolution. Section 6. The Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Resolution No. 2008-XXX Page 3 of 4 75B-63 By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-X:XX 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. 2008-XXX Page 4 of 4 75B-64 LAND USE ELEMENT SANTA ANA GENERAL PLAN City of Santa Ana Planning Division Adopted February 2, 1998 The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by Santa Ana City Council February 2, 1998 (GPA 1997-05): GPA 2008-01 (May 5, 2008), GPA 2007-02 (June 18, 2007), GPA 2007-01 (March 19, 2007), GPA 2006-01 (October 2, 2006), GPA 2005-01 (December 5, 2005), GPA 2005-02 (October 17, 2005), GPA 2004-01 (April 5, 2005, as passed by the voters of Santa Ana), GPA 2004-04 (July 19, 2004), GPA 2004-06 (July 6, 2004), GPA 2003-02 (June 16, 2003), GPA 2003-01 (February 18, 2003), GPA 2002-01 (September 3, 2002), GPA 2002-03 (August 19, 2002), GPA 2001-03 (February 19, 2002), GPA 2001-02 (January 7, 2002), GPA 2000-09 (May 7, 2001), GPA 2000-08 (February 5, 2001), GPA 2000-03 (December 4, 2000), GPA 2000-02 (November 20, 2000), GPA 1999-02 (October 18, 1999), GPA 1999- 01 (August 16, 1999), GPA 1998-04 (October 5, 1998), GPA 1998-05 (September 21, 1998), GPA 1998-01 (May 4, 1998). a ~_ ~ c Y C ~ ~ p ~ ~ ~ C ~ ~ a ~ a X S a lL o a D -- ~ ~ , c N f E a S m v ~ g~ g~ v 9~ ~ Q b J -~ ~J 7 f 2~ lyJ Z ? O ~ a p rn 75B-66 O W ~ ~ V a In N ~ N O O O O O O 4 .-~In O1A0OiAoo~rvov>ov~ian ooov~o •FJ \ iI~ I w~I V~ OCO.-N~ ^ '^ W a~ V' ~ b O .. L LL ~ .@ N LL Q. ~ W ~ O m a ^ c m ~~ ~ ^ ° ~ N ~ ^' W ~ (n ~ ~ Q ~ ~ ~ .$ g o ,. m~ c ~ .~ a en E C E ~~ a : ~ ~ ~ 5 a ~ ~~' ~ ~ ~ A :~,Ve s g z ~ N $ N ~ ~ > U) LL ~ Q ~ ~ ~ ~+ a , d~ ~~ ~ ~ °J o` e v o ~ ~ 8 p~ s ~ v J W F ~ ~+ ~ ~ u~uT~ '~$agtgm ~f1Ei ~ ~ y ~`~ ~ ~~~~~g~aa8' s g ? ~E~~~Og~ 3c~= ~~ N~i~~;~ ~ g~ ~ .. ~ & ~ ~ fn . ~ C p J N ) g~ m .. O lV Ov .~. y yoo o .. O ~ d ~m`E U3[~9 ~y=xw3UV¢G_w ^ K ~" ~ ~ ~s ~ O n cU7 z ~ ~ c g59g gggggg p ? ~ a ~UZi~xU~0 0X ~ ~n va'>g m~ ~fa~ ~ f ~ 0 r i NNN ~ ~ ® I .~ My\ 75B-67 LAND USE ELEMENT • To encourage lot consolidation for optimal site design, the floor area ratio can be calculated on an area wide basis for contiguous parcels which are part of a large, multi-structure project. • To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer must record deed restrictions limiting the project area to the legally allowed floor area ratio. Land Use Designations The Santa Ana Land Use Plan includes 11 land use designations. These designations indicate the types and intensity of development to be allowed on the property which they cover. Generally, the designation also reflects the predominant development character of the area. As is typical in older, urbanized communities like Santa Ana, there are some areas where existing development does not completely reflect the land use designation of the Land Use Plan. Where these occur the properties are deemed legal conforming and may continue until such time as the property has been vacant for twelve months or more. Each land use designation and a brief description are discussed below. Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Residential/Industrial. The Santa Ana Land Use Plan includes the following residential land use designations: • The Low Density Residential (LR-7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6,474.5 acres) representing 47 percent of the City's total land area. • The Low-Medium Density Residential (LMR-11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 433.8 acres. The great majority of the land designated as Low-Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile Revised (May 5, 2008) A-'r/ 5 B~ V 8 LAND USE ELEMENT home parks, a mixture of duplexes and single family residences, or small lot subdivisions. • The Medium Density Residential (MR-15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 413.2 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple- family development projects. • The Residential /Industrial designation permits either residential development up to 15 units per acre or industrial uses. The designation applies to the Logan neighborhood, which was established near the turn of the century. Since the 1930s, this 18.5-acre area has developed with a mixture of residential and industrial uses. • The District Center designation permits residential development up to 90 units per acre when it is a component of a mixed-use, master planned project. In the Metro East District Center residential density is based on a maximum 3.0 floor area ratio and the overlay development standards. This category includes approximately 427 acres and is described in greater detail later in this section. Professional and Administrative Office The Professional/Administrative office (PAO) designation applies to those areas where professional and/or administrative offices are predominant, or where such development is being encouraged. Land included in this designation is found primarily near the Civic Center, and along the First Street and Tustin Avenue Corridors in close proximity to freeways. There are other smaller PAO areas in the City such as along North Broadway and along portions of east and west Seventeenth Street. A total of 621.5 acres is included in this land use designation. The floor area ratio intensity standard applicable to this land use designation ranges from 0.5 to 1.0. The Professional and Administrative Office areas are intended to provide a unique environment for office development in those areas of the City where office uses are the predominant land use. The purpose for maintaining and supporting these areas exclusively for office and office-related uses is to encourage major employment centers at locations which significantly lessen the impact to the City's local street system. The First Street/Tustin Avenue Revised (May 5, 2008) A-18 75B-69 LAND USE ELEMENT office corridor between the Santa Ana (I-5) and Costa Mesa (SR-55) Freeways serves this purpose. In addition, the orderly, well-maintained quality of existing development supports a continuation of these areas as functional office/employment centers. The Professional and Administrative Office designation includes a range of floor area ratios to differentiate development intensity and character in relation to adjacent land uses. The areas with a FAR of 0.5 are not major office centers, but rather have an established character of lower intensity garden office and professional service uses. These areas are typically adjacent to low density residential neighborhoods, or are converted residential office uses. Office development along East Fourth Street, between Grand Avenue and the Santa Ana Freeway, is typical of this low-rise office character. The PAO area located adjacent to the Civic Center contains a range of office development intensity which supports the City's functional role as the government center of the County. The types of uses typically located in the PAO district include the following: • Professional and administrative offices/office parks; • Service activities such as copy centers, courier services, travel agencies, and restaurants when such uses are an integral component of a planned office development; and • Professional uses such as accountants, attorneys, doctors, engineers, and insurance brokers. General Commercial Districts The General Commercial district (GC) applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 -1.0, though most General Commercial districts have a FAR of 0.5. A total of 1,113.6 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. A-19 Revised (May 5, 2008) 75B-70 LAND USE ELEMENT Table A-4 indicates the development possible under the build-out of the Land Use Plan. The build-out for residential land uses considered two scenarios. Effective build-out for residential development is calculated by adding the 8,783 units possible in the areas designated as District Center to the existing 74,588 units presently found in the City. Theoretical build-out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build-out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, four of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build-out considered the development possible under the lower range of FAR intensities while theoretical build-out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between 65,212 to 77,820 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical build- out scenario are a reflection of the higher density multiple-family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4 up to 55,658,406 square feet of commercial and office development, and 44,891,128 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. Revised (May 5, 2008) 7~~-71 Amended Table A-4 Land Use Plan Build-out Capacities Intensity/Density Effective Theoretical Land Use Acres Standards Build-out, Build-out Mixed Use2 103.5 ac FAR 3.0 Metro East Residential DC 5,551 d.u. SubTotal 5,551 d.u. Metro East Commercial DC 3,245.185 s.f. 3,245,185 s.f. SubTotal 3,245,185 s.f. 3,245,185 s.f. Residential Low Density Residential LR-7 6,474.4 ac. 7 d.u./ac 45,321 d.u. Low Medium Density Residential LMR-11 433.8 ac. 11 d.u./ac 4,772 d.u. Medium Density Residential MR-15 413.2 ac. 15 d.u./ac 6,198 d.u. Residential/Industrial3 R/1-15 9.2 ac. 15 d.u./ac 138 d.u. District Centera DC 35.9 ac. 90 d.u./ac 3,232 d.u. SubTotal 7,366.5 ac. 77,820 d.u., 59,661 d.u. Commercial Professional & Admin. Office PAO 621.5 ac. FAR 0.5-1.0 13,536,270 s.f. 27,072,540 s.f. General Commercial GC 1,113.6 a.c. FAR 0.5-1.0 24,254,426 s.f. 48,508,852 s.f. District Centera DC 323.2 ac. FAR 1.0-2.0 14,079,332 s.f. 28,158,665 s.f. One Broadway Plaza District Ctrs OBPDC 4.3 ac. FAR 2.9 543,193 s.f. 543,193 s.f. SubTotal 2,062.6 ac. 52,413,221 s.f. 104,283,249 s.f. Industrial Industrial IND 2,280.9 ac. FAR 0.45 44,710,202 s.f. 44,710,202 s.f. Residential/Industrial3 R/I-15 18.5 ac. FAR 0.45 180,926 s.f. 180.926 s.f. SubTotal 2,290.1 ac. 44,891,128 s.f. 44,891,128 s.f. Utner Institutionals INS 812.6 ac. FAR 0.2-0.5 7,079,023 s.f. 17,697,557 s.f. Open Space OS 1,019.0 ac. FAR 0.2 8,877,876 s.f. 8,877,876 s.f. SubTotal 1,831.6 ac. 15,956,899 s.f. 26,575,433 s.f. Notes: ,Effective capacity for non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the Metro East District Center. Residential effective capacity was calculated by adding the 8,783 units possible in the District Center with the existing 74,588 (Census 2000) housing units. zThe Metro East District Center allows a range of intensity for mixture of residential and commercial development based on the Metro East Mixed Use Overlay Zone development standards. stand use designation permits both residential and industrial development. Build-out assumed 50% of the land area will be developed as residential and 50% as industrial development. 4Land use designation permits both residential and commercial development. Build-out assumes 90% of land area will be developed as commercial and 10% will be developed as residential. FAR -floor area ratio, d.u. -dwelling units, s.f. -square feet (of floor area). Acreage shown in table does not include roads in right-of-way. sEffective capacity assumes FAR of 0.2 stand use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the G/S Land Use Map illustrated in Exhibit 2. Revised (May 5, 2008) A-31 75B-72 ORDINANCE NO. NS-2765 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1501 WEST MACARTHUR BOULEVARD FROM TWO- FAMILY RESIDENTIAL (R-2) TO GENERAL COMMERCIAL (C-2) (AA NO.2008-02) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. The Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008-01, Amendment Application No. 2008-02 and Variance No. 2008-03 to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet to allow the construction of two new buildings within an existing retail center at 1501 West MacArthur Boulevard. B. On March 24, 2008, the Planning Commission held a duly noticed public hearing and voted by a vote of 4:0 (Betancourt, Gartner and Munoz absent) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73. 2. Adopt a resolution approving General Plan Amendment No. 2008-01. 3. Adopt an ordinance approving Amendment Application No. 2008-02. 4. Adopt a resolution approving Variance No. 2008-03 as conditioned. C. On May 5, 2008, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Amendment Application No. 2008-02 has been filed with the City of Santa Ana to rezone the property located at 1501 West Macarthur Boulevard from Two-Family Residential (R-2) to General Commercial (C-2). E. Amendment Application No. 2008-02 is consistent with the General Plan, including but not limited to its goals and policies: 75B-73 Promote the balance of land uses to address basic community needs. Land Use Element Goal No. 1.0. 2. Promote land uses which enhance the City's economic and fiscal viability. Land Use Element Goal No. 2.0. 3. Support land uses with provide community and regional economic and service benefits. Land Use Element Policy No. 4.3. F. The City Council has weighed and balanced the general plan's policies and has determined that based upon this balancing that the project at 1501 West Macarthur Boulevard is consistent with the purpose of the general plan. G. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 5, 2008 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2008-02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. H. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008-01, and Variance No. 2008-03 came before the City Council on May 5, 2008 for public hearing. This ordinance incorporates by reference, as though fully set forth herein, the resolutions and the Mitigated Negative Declaration and Mitigation Monitoring Program in support of this ordinance and the findings made herein. Section 2. The real property located at 1501 West Macarthur Boulevard is hereby rezoned from Two-Family Residential (R-2) to General Commercial (C-2). (AA No. 2008-02) Amended Sectional District Map number 35-5-10 showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 75B-74 ADOPTED this day of , 2008. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B-75 2]-5-10 ~ JU 26-5-10 SD-4 W ~ J~I SD-6 R1-PRD ;~I ~ ~. I I~==--, ~ i W ~ ~ R1 ~ `SD-44 i 1 `~'~ i t= II I~ a I 1 343-10 SANTA ANA CITY LIMITS 1'- __--~ 1 SUNFLOWE City SOUTH LINE SECT. 26-5-f0 SD-4 -see.-e~,1 I 1 n \\ I 1 \ 1 ~\ \'I ~I ISD-7i~ ~ R1-PRD ±~~? - I I Su~+Ee~ ,~ R4 i 1 1 n'IIND 19A'~~'B~ 1 I! ~1 l i iir Iii \ l i m l`_f~ II ~~ it I ~I I I 15 I I ---- . R2-PRD R4 26-5-10 25-5-10 36-5-10 - C2 C4 I I C2 y J O N m ~ ~ I NO RESOLUTION NO., ORDINANCE N0. OR DATE OF ADOPTION IS SHOWN FOR THIS MAP SINCE IT IS AN ORIGINAL RECORD OF THE SANTA ANA CITY DISTRICT CLASSIFICATION FOR ALL PROPERTIES INCLUDED HEREON Ai GENERALAGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C7 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R7 SINGLE-FAMILY RESIDENCE C7-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M7 LIGHT INDUSTRIAL C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R2 TWO-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MIL T R3 MULTIPLE-FAMILY RESIDENCE I ARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE O OPEN SPACE RE RE ID C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD S ENTIAL ESTATE SP C5 ARTERIAL COMMERCIAL P PROFESSIONAL ECIFIC DEVELOPMENT CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT SP SPECIFIC PLAN SCALE IN FEET 0 1000 6O- MINIMUM FRONTAGE -6000 MINIMUM LOTAREA THIS MAP LS THE OFFICIAL SECTIONAL DISTRICT MAP OF THE CITY OF SANTAANA. As AuTHOerzeD BY cm couNCa RESOLUTION NO. ]b163, DATE01f-1B-]4, I HEREBY ATTEST THAT THIS MAP IS ATRUE COPY OF THE ORIGINAL SECTIONAL DISTRICT MAP N0. 955~id Signed _ JAV TREVINO E%ECUTIVE DIREC70R PUNNING 8 BUILDING AGENCY Cenifirafe Da4 October 15 2007 • • , • ~ ~ ~ ~ PREPARED BY THE PLANNING DIVISION - CITY OF SANTA ANA, CALIFORNIA REVISED Y7/08 I SD-48 CR SD- 48 ~ __ __ ~_~ KO-4/29/08 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-03 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED BUILDING SETBACK ALONG MACARTHUR BOULEVARD FROM FIFTEEN FEET TO TEN FEET FOR THE PROPERTY LOCATED AT 1501 WEST MACARTHUR BOULEVARD 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. The Applicant is requesting adoption and approval of the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008-01, Amendment Application No. 2008-02 and Variance No. 2008-03 to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet to allow the construction of two new buildings within an existing retail center at 1501 West MacArthur Boulevard. B. On March 24, 2008, the Planning Commission held a duly noticed public hearing and voted by a vote of 4:0 (Betancourt, Gartner and Munoz absent) to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73. 2. Adopt a resolution approving General Plan Amendment No. 2008- 01. 3. Adopt an ordinance approving Amendment Application No. 2008- 02. 4. Adopt a resolution approving Variance No. 2008-03 as conditioned. C. On May 5, 2008, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. D. Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2007-73, General Plan Amendment No. 2008- 01,and Amendment Application No. 2008-02 came before the City Council on May 5, 2008 for public hearing. This resolution incorporates by Resolution No. 2007-081 Page 1 of 5 75B-77 reference, as though fully set forth herein, the ordinance and resolution and the Mitigated Negative Declaration and Mitigation Monitoring Program in support of this resolution and the findings made herein. E. Variance No. 2008-03 has been filed with the City of Santa Ana seeking to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet. Section 41-369 of the Santa Ana Municipal Code requires a 15-foot landscaped setback. F. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. The proposed reduction in the front yard setback will allow the applicant the ability to construct a new addition to the Gateway Plaza retail center. Due to the conveyance of land for the widening of MacArthur Boulevard, the placement of the new buildings was constrained. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will preserve the property owner's ability to develop the property with a project that will be consistent with the General Commercial (C-2) zoning district and with a project that is consistent with the goals and policies of the General Plan. A condition of approval has been incorporated that will require additional, enhanced landscaping along MacArthur Boulevard to mitigate the loss of setback area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the setback variance will not be detrimental to the public welfare or injurious to surrounding property. The proposed buildings will be buffered by landscaping and outdoor plaza area and will allow the buildings to be placed at the rear of the site, thereby reducing the impact to the adjacent residential uses. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City as retail uses are permitted in the Resolution No. 2008- Page 2 of 5 75B-78 General Commercial (GC) General Plan land use designation. Further, the proposed building is consistent with Goals 1, 2 and 3 of the General Plan Land Use Element, which encourage the City to promote a balance of land uses to address basic community needs, promote uses that enhance the City's economic and fiscal viability and improve the character and integrity of existing neighborhoods. Section 2. The City Council after conducting the public hearing hereby approves Variance No. 2008-03 as conditioned in Exhibit "A" attached hereto and incorporated herein to reduce the required building setback along MacArthur Boulevard from fifteen (15) feet to ten (10) feet for the property located at 1501 West MacArthur Boulevard. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated May 5, 2008 and exhibits attached thereto and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. This resolution shall not be effective unless and until Ordinance No. NS-2765 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: Resolution No. 2007-081 Page 3 of 5 75B-79 ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Patricia E. Healy Clerk of the Council City of Santa Ana Resolution No. 2008- Page 4 of 5 75B-80 Conditions for Approval for Variance No. 2008-03 Variance No. 2008-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Standards Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below rior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed site improvements must conform with the Site Plan Review approval of DP No. 07-19 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Prior to issuance of any building permit, a voluntary lot merger to combine the lots into one parcel shall be recorded. 4. Landscaping along the south property line shall be upgraded to 36-inch box trees. 5. Prior to submittal into building plan check, revise the plans to show decorative paving will be installed at all project driveway entries. B. Police Department Prior to issuance of any building permit, submit a conceptual lighting plan for the parking lot. Light standards cannot be located in landscaped areas to avoid conflict with the canopy growth of trees. 2. The existing parking lot and structures must conform to the provision of the Building Security Ordinance, including lighting, doors and window locking devices, and addressing. Exhibit A Resolution No. 2008- Page 5 of 5 75B-81 75B-82 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: PUBLIC HEARING - EMERGENCY ORDINANCE EXTENDING A MORATORIUM FOR 12 MONTHS ON THE ESTABLISHMENT OF MASSAGE PARLORS C Y MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1s1 Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an emergency ordinance of the City of Santa Ana extending a temporary moratorium on the establishment of any new or expansion of any existing massage parlor, or issuance of new (non-replacement) massage technician permits, for a period of 12 months or until a permanent ordinance is adopted and effective. DISCUSSION The City adopted a 45 day moratorium on May 21, 2007 to prohibit the establishment of any new or expansion of any existing massage parlor or issuance of new (non-replacement) massage technician permits. This moratorium was extended for an additional 10 months and 15 days on July 2, 2007 in order to allow the Planning Division and Police Department to create development standards to better regulate this use. Prior to the adoption of the current moratorium, over 23 individuals sought applications for massage related permits from the City. This upswing followed the March 2007 raid by the Orange County District Attorney and several police departments of ten facilities (massage parlors or acupuncture clinics) in Anaheim, Orange, Tustin and Dana Point as being alleged fronts for prostitution. While many massage parlors are beneficial to the community and offer needed services, others have been associated with a number of detrimental impacts such as prostitution, after-hours operation, reduced property values and noise. Chapter 41 of the Santa Ana Municipal Code does not specifically identify massage parlors as a land use or designate zoning districts throughout the City where massage parlors may be permitted. As such, these provisions of the Municipal Code need review, study and possible revision in order to respond to recent concerns relating to the impacts of massage parlors and the potential establishment of new massage parlors in the City. 75C-1 Massage Parlor Moratorium May 5, 2008 Page 2 In addition, Chapter 22 of the Code, which regulates massage establishments and massage technicians and is enforced by the Police Department, has been substantially unchanged since 1976. For comparison, Anaheim, Orange and Costa Mesa have all updated their massage regulations within the last four years. During the present moratorium, staff has held interagency meetings and has commenced a study of the current provisions of the General Plan and Municipal Code to classify massage parlors and to determine where and under what conditions such businesses should be permitted in the City. Although the creation of these necessary development standards is complete, the process for reviewing and approving an amendment to the Municipal Code requires approval of both the Planning Commission and City Council. On April 28, 2008, the Planning Commission held a public hearing on the proposed modifications. After receiving testimony from the public, the Commission continued the item for 60 days to allow staff time to address their concerns regarding several of the proposed regulations. However, in order to prevent any lapse in the moratorium, which would negate the efforts of the various agencies over the last year, it is necessary to extend the moratorium until the proposed ordinance has been reviewed, approved and becomes effective. The proposed extension of the ordinance will prohibit the establishment of any massage parlor, expansion of existing massage parlors, or issuance of new (non-replacement) massage technician permits for an additional 12 months, or until a permanent ordinance is approved by the Planning Commission and City Council and becomes effective. FISCAL IMPACT There is no fiscal impact associated with this action. y M. Trevino Executive Director Planning & Building Agency Paul Walters Chief of Police MF:rb mf/development projects/massage ordinance/new massage moratorium extension 5-5-OB 75C-2 ORDINANCE NO. NS-XXXX AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE TEMPORARY PROHIBITION ON THE CONSTRUCTION OR ESTABLISHMENT OF ANY NEW MASSAGE PARLOR 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. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana Municipal Code do not specifically identify massage parlors as a land use or specifically designate zoning districts throughout the City where massage parlors may or may not be permitted. B. For this reason, on May 21, 2007, at a regularly scheduled public meeting, the City Council adopted Ordinance No. NS-2744, which established a moratorium to prohibit the establishment of any new or expansion of any existing massage parlor, or issuance of new (non-replacement) massage technician permit. Thereafter, on June 27, 2007, at a regularly scheduled, duly noticed public hearing, the City Council adopted Ordinance No. NS-2753, which extended this moratorium until May 17, 2008. C. Because of its age, current provisions of the Santa Ana Municipal Code fail to fully take into account the potential impacts associated with the establishment of massage parlors and fail to address the needs of the City and its residents today and in the future. As such, provisions of the General Plan and/or the Santa Ana Municipal Code ("the Code"), including Chapters 22 and 41, need review, study and possible revision in order to respond to recent concerns relating to the potential establishment of new massage parlors, expansion of existing massage parlors, or adding new massage technicians, within the City. D. Given these concerns, the City Council has requested that a study be undertaken of the current provisions of the General Plan and Chapters 22 and 41 of the Code to classify massage parlors and determine where, and under what conditions additional massage parlors should be permitted. In addition, the City Council has requested an analysis of the current permitting scheme for permitting of massage technicians to determine whether they fully meet the needs of the City's residents. Since adoption of Ordinance Nos. NS-2744 and NS-2753, staff has held interagency meetings and has completed a study of the current provisions of the General Plan and Chapter Ordinance No. NS - XXXX Page 1 of 5 75C-3 41 of the Code to classify massage parlors and to determine where and under what conditions such businesses should be permitted in the City. These efforts have led to preparation of proposed amendments to Chapters 22 and 41 of the Santa Ana Municipal Code. At a meeting held on April 22, 2008, these proposed amendments were shared with interested owners and operators of massage establishments at a public meeting held in City Hall. The City's Planning Commission held a duly noticed public hearing on these proposed changes to the Santa Ana Municipal Code on April 28, 2008; after closing the public hearing and deliberating the Commission unanimously continued consideration of these proposed amendments to its meeting of June 23, 2008. E. Without adoption of this ordinance, properties in the City would quickly receive entitlements to establish massage parlors, expand existing massage parlors or persons would obtain permits to operate as massage technicians, despite the fact that the city council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revise the Code to address concerns created by new and expanded permits for massage related activities. F. In all of calendar year 2006, the City received only seven applications for massage related permits. G. But in the month prior to the adoption of Ordinance No. NS-2744 alone, over 23 individuals sought applications for massage related permits from the City. H. This upswing closely followed the March 2007 raid by the Orange County District Attorney and the police departments of Orange and Anaheim of ten facilities (massage parlors or acupuncture clinics) in Anaheim, Orange, Tustin and Dana Point as being alleged fronts for prostitution. I. While some massage parlors are beneficial to the community and offer needed services, others in southern California have been associated with a number of detrimental impacts such as prostitution, late hours of operation, reduced property values and noise. J. Chapter 22 of the Code, which regulates massage establishments and massage technicians and is enforced by the Police Department, has been substantially unchanged since 1976. For comparison, Anaheim, Orange and Costa Mesa have all updated their massage regulations within the last four years. K. If massage parlors are permitted in the City and left as currently regulated, they will pose a serious threat to the public interest, health, safety and welfare for the reasons stated above. Ordinance No. NS - XXXX Page 2 of 5 75C-4 L. In order to prevent frustration of said studies, hearings, draft code amendments and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any code amendments or general plan amendments which may be adopted by the city as a result of the studies in that the establishment or construction of massage parlors may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plans or specific plans. Moreover, permitting massage parlors to be established or expanded, or new massage technicians to be permitted during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. M. The Request for Council Action for this ordinance dated May 5, 2008 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. N. The city council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the city and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in paragraphs A-M of this ordinance. Section 2. Extension of Moratorium Ordinance. a. The City Council hereby extends Ordinance Nos. NS-2744 and NS-2753, and each and every substantive provision thereof, for the period specified in section 3 of this ordinance. b. This ordinance is introduced, passed and adopted and thereafter is immediately effective pursuant to Section 415 of the City Charter. Section 3. This ordinance shall have no further force and effect once a future ordinance amending Chapters 22 and 41 of the Santa Ana Municipal Code becomes effective, or one year, from the date of adoption of this ordinance, whichever comes first. Section 4. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of this ordinance or Ordinance Nos. NS-2744 or NS-2753. The violation of any provision of this ordinance shall be punished as provided in Section 1-8 of the Code. Ordinance No. NS - )OOCX Page 3 of 5 75C-5 Section 5. The Clerk of the Council shall certify to the adoption of this ordinance. Section 6. 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-O, inclusive of this ordinance. ADOPTED this day of 2008. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS - XXXX Page 4 of 5 75C-6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to 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 - XXXX Page 5 of 5 75C-7 75C-8 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: MAY 5, 2008 TITLE: AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH TASSA CONSULTING GROUP, LLC AND COOPERATIVE AGREEMENT CITY MANAGER -ECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance an 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute an amendment to the agreement with Tassa Consulting Group, LLC, to assist with the completion of an application to the State of California for a new fifteen-year Enterprise Zone designation in the amount not to exceed $30,000. 2. Authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) to use an amount not to exceed $30,000 of Agency funds for the completion of an application to the State of California for a new fifteen-year Enterprise Zone designation. COMMUNITY REDEVELOPMENT AGENCY Authorize the Executive Director of the Community Redevelopment Agency and the Agency Secretary to execute a Cooperative Agreement with the City of Santa Ana to supply an amount not to exceed $30,000 for use in the completion of an application for a new fifteen-year Enterprise Zone designation. DISCUSSION The Enterprise Zone program was established by the State of California Legislature for the purpose of stimulating the economy in areas deemed to 80A-1 Amendment to Consulting Services Agreement with Tassa Consulting Group, LLC and Cooperative Agreement May 5, 2008 Page 2 be economically challenged. The program offers State Tax Incentives to businesses in the zone, helps communities retain companies, and attracts new companies to the area. As a result, new jobs are created and blight is reduced. The City of Santa Ana received a fifteen-year Enterprise Zone designation in 1993. Businesses in the Santa Ana Enterprise Zone have saved an estimated $350,000,000 by utilizing the State income tax credits. The program has also helped generate over 15,000 new jobs for Santa Ana businesses. The current designation will expire on June 7, 2008. The new fifteen-year Enterprise Zone designation will allow the City of Santa Ana to continue offering local businesses California State Tax Incentives and continue with its economic progress. On January 31, 2008, the Department of Housing and Community Development (HCD) awarded a conditional designation to the Santa Ana Enterprise Zone. This new fifteen-year Enterprise Zone designation will become effective on June 8, 2008. On March 17, 2008, a letter from HCD was mailed to the City of Santa Ana specifying the conditions the City must satisfy in order to obtain final designation. Tassa will assist with meeting the conditions outlined in the letter in order to receive final designation. Tassa will also assist with negotiating and finalizing a Memorandum of Understanding (MOU) between The City of Santa Ana and HCD. This MOU will document exactly what must be done by the City of Santa Ana to maintain Enterprise Zone eligibility. Tassa will assist with the approval by HCD of a Targeted Employment Area (TEA) for Santa Ana. The TEA is one of the criteria that will enable an Enterprise Zone business to qualify an eligible employee for the Hiring Credit. After Santa Ana receives final Enterprise Zone designation, Tassa will assist with expanding the Santa Ana Enterprise Zone to recapture areas of the city that were in the previous Enterprise Zone but did not qualify for the new Enterprise Zone. An expansion of the Enterprise Zone can be as much as fifteen percent of the area of the approved Enterprise Zone area. 80A-2 Amendment to Consulting Services Agreement with Tassa Consulting Group, LLC and Cooperative Agreement May 5, 2008 Page 3 FISCAL IMPACT Funds are available in the Merged Economic Development Account (account no. 570-932-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ll~ L nda A. Summ rs Economic Development Manager Community Development Agency SGH/LS/RW/mlr 050508 JT CC-CRA AmendConsultingSrvsAgreeTassa ~~c~~~~e~.7~~~a. Francisco Gutierrez j~, i~ Executive Director Finance and Management Services Agency 80A-3 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT, is entered into on May 5, 2008, by and between Tassa Consulting Group, LLC, and Snodgrass & Micheli, LLC (hereinafter jointly and severally "Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement #A-2007-208, dated August 20, 2007, (hereinafter "said Agreement") by which Consultant has provided consulting services in relation to applying for an extension of an Enterprise Zone designation. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services, extend the termination date and increase compensation to pay for the additional services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to state that Consultant shall provide services required to obtain final Enterprise Zone designation, obtain approval of the proposed TEA and obtain state approval of the proposed expansion, as set forth in Exhibit A-1, attached to this First Amendment to Agreement. 2. Section 2, COMPENSATION, shall be amended to increase compensation by $30,000, for a total not to exceed amount of $102,000.00 during the term of said Agreement. During the extended term, from May 1, 2008 through October 31, 2008, City agrees to pay and Consultant agrees to accept as total payment for its services, a monthly fee of $5,000.00. 3. Section 3, TERM, shall be amended to extend the termination date to December 31, 2008. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 80A-4 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ay: Laura Sheedy Assistant City Attorney APPROVED AS TO CONTENT: STEPHEN G. HARDING Deputy City Manager for Development Services DAVID N. REAM City Manager TASSA CONSULTING GROUP, LLC REX HALVERSON Owner SNODGRASS &MICHELI, LLC CHRIS MICHELI Owner 80A-5 EXHIBIT A-1 Consultant shall continue to assist the City of Santa Ana with its Enterprise Zone needs as follows: 1. Complete the terms of the Conditional Designation as required by HCD 2. Assist Santa Ana with negotiating and finalizing the MOU with HCD 3. Obtain Final Designation of the EZ by HCD 4. Obtain approval of the proposed TEA by HCD 5. Obtain state approval of the proposed expansion The services provided pursuant to this Statement of Work will be complete within six (6) months of commencement of said services. During that time, City shall pay and Consultant will accept as total payment for its services provided pursuant to this Statement of Work, a monthly fee of $5,000.00, for a total amount which shall not exceed $30,000.00. 80A-6 REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: MAY 5, 2008 TITLE: CONSULTING SERVICES AGREEMENT WITH MILLER & COMPANY P.C. AND COOPERATIVE AGREEMENT } >-~.-- ~ ~ y~ CITY MANAGER ECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1st Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute an agreement with Miller & Company P. C. in an amount not to exceed $75,000 for a one-year term, subject to non-substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute a Cooperative Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency} to use an amount not to exceed $75,000 of Agency funds for the creation of a basic operation manual for the Santa Ana Foreign Trade Zone and, in concert with City staff, create additional documents necessary for a wider range of foreign trade zone activities. COMMUNITY REDEVELOPMENT AGENCY Authorize the Executive Director and the Agency Secretary to execute a Cooperative Agreement with the City of Santa Ana to supply an amount not to exceed $75,000 for use in creating a basic operation manual for the Santa Ana Foreign Trade Zone and, in concert with City staff, create additional documents necessary for a wider range of foreign trade zone activities. 80B-1 Consulting Services Agreement with Miller & Company P. C. May 5, 2008 Page 2 DISCUSSION A Foreign Trade Zone (FTZ) is a duty free secured area within the United States, where merchandise can be admitted without the immediate payment of U.S. Customs duties. Benefits include greater control of cash flow since no duties are levied until goods leave the FTZ. If merchandise is re-exported, no duties are ever levied. Goods may be repackaged, relabeled, tested, modified or repaired within the FTZ. The Santa Ana Foreign Trade Zone consists of 92 acres of commercial and industrial land within the Santa Ana city limits. The location of the 92 acres can be modified to better serve local businesses through an application process to the Federal Foreign Trade Zones Board and U.S. Customs and Border Protection. Miller & Company will assist the City of Santa Ana with the creation of a step by step process to simplify the utilization of Foreign Trade Zone benefits available to Santa Ana businesses. Miller & Company will also restructure the existing Foreign Trade Zone area for the purpose of allowing additional businesses to take advantage of the program and assist with marketing efforts. By improving the FTZ marketing strategy and by simplifying the utilization process for businesses, Santa Ana will be in better position to retain and attract companies to the city. Staff is requesting approval of the contract with Miller and Associates to begin the work for better utilization of the City's Foreign Trade Zone. FISCAL IMPACT Funds are available in the Merged Economic Development Account (account no. 570-932-6291). APPROVED AS TO FUNDS AND ACCOUNTS: ~` Francisco Gutierrez ~, Executive Director ~~~ Finance and Management Services Agency SGH/LS/RW/mlr H:\ACTION ITEMS\COUNCIL\2007 CC\JT CC-CRA ConsultingSrvsAgreeMillerCo OS-05-08.doc 80B-2 Economic Development Manager Community Development Agency CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 5`" day of May, 2008 by and between Miller & Company, P.C., a professional corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of foreign trade procedures and regulations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed incompliance 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 create a basic operation manual for the Santa Ana Foreign Trade Zone and, in concert with City staff, create additional documents necessary for a wider range of foreign trade zone activities, as set forth in Consultant's letter dated April 22, 2008, attached as Exhibit 1 to this Agreement, and incorporated by reference. 2. WARRANTIES -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this letter agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant's performance hereunder, including all suggestions, ideas or other contributions to the Project, and the resulting works that result from the Project, shall be deemed "works made for hire" as defined in the United States Copyright Act, and City will be deemed, as to the creation of such work, the sole and exclusive author thereof. To the extent that any portion of the works from the Project is determined not to be a "work made for hire", then Consultant hereby assigns and transfers to City all worldwide right, title and interest in and to such work and shall execute any and all documents reasonably necessary to effect or evidence such assignment and transfer. 80B-3 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $75,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on completion of services and City's acceptance of the deliverables, unless terminated earlier in accordance with Section 12, below. 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall 80B-4 include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. 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. 9. 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, California 92702 telefacsimile (714) 647-6956 With courtesy copy to: Community Redevelopment Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6549 To Consultant: Miller & Company P.C. 4929 Main Street Kansas City, MO 64112 telefacsimile (816) 561-5999 A parry may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and 80B-5 addressed as set forth above. If sent by telefacsimile, 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant 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. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product 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. ~:~i 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. 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 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // // // 806'7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager MILLER & COMPANY P.C. MARSHALL V. MILLER President Tax ID# ~:~1 ~ ,~