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FULL PACKET_2010-04-05
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 15, 2010 CLOSED SESSION MEETING CALLED TO ORDER POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:23 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:30 P.M.) CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None CLOSED SESSION ITEMS 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Douglas Euper v. City of Santa Ana, Orange County Superior Court Case No. 30- 2009 - 00120487 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54956.8. Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Service Employees International Union (SEIU) Santa Ana Management Association Santa Ana Firemen's Benevolent Association CITY COUNCIL MINUTES 1 MARCH 15, 2010 1 0A -1 Santa Ana Police Officer's Association Santa Ana Police Management Association Santa Ana Fire Management Association ADJOURNED 5:48 P.M. CITY COUNCIL MINUTES 2 MARCH 15, 2010 G r�7. REGULAR CITY COUNCIL MEETING CALLED TO ORDER POLICE COMMUNITY CENTER 60 CIVIC CENTER PLAZA SANTA ANA, CA 5:50 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES (5:52 P.M.) CARLOS BUSTAMANTE MICHELE MARTINEZ (5:52 P.M.) VINCENT F. SARMIENTO (5:52 P.M.) SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO PUBLIC COMMENT ON AGENDA ITEMS - None CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 25A with the following modifications: • Councilmember Benavides abstained on Item 20C due to his serving on the Board of Directors for one of the non - profit organizations and pulled Item 25A for discussion; • Mayor Pulido announced staff has requested to pull Item 55A. MOTION: Martinez SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 3 MARCH 15, 2010 1 0A -3 Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent Motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF MARCH 1, 2010 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS AND COMMISSIONS 13A APPOINTMENT — YOUTH COMMISSION - Clerk of the Council Office MOTION: Appoint Isura S. Ramos to the Youth Commission (Alternate representative) nominated by Mayor Pulido as a City -Wide representative for a term expiring December 14, 2010. (replacing A. Golka). MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — None 19B EXCUSED ABSENCES — None BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT ACCEPTING FY 2009/10 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2010 -098 — Recognizing the FY 2009/10 Supplemental Law Enforcement Services Fund in the amount of CITY COUNCIL MINUTES 4 MARCH 15, 2010 1 0A -4 $371,644 into the revenue account and appropriate same into the expenditure accounts 20B APPROPRIATION ADJUSTMENT ACCEPTING OFFICE OF EMERGENCY SERVICES PROGRAM GRANT AWARD FUNDS - Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2010 -099 — Accepting State of California Office of Emergency Services Anti -Drug Abuse Program Grant funds of $118,000 to revenue account and appropriate same to expenditure account 20C APPROPRIATION ADJUSTMENT AND AMENDMENTS TO EMPOWERMENT ZONE AGREEMENTS - Community Development Agency MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2010 -103 — Recognizing $176,990 in unspent budgeted revenues from prior years from the Empowerment Zone Program 2. Authorize the City Manager and Clerk of the Council to execute the agreement, subject to non - substantive changes approved by an City Manager and City Attorney. AGMT NO. 2010 -051 — Execute an amendment with The Cambodian Family in the amount of $150,000 for a total aggregate amount not to exceed $306,319. 3. Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2010 -052 — Execute an amendment with El Puente Community Development Corporation dba KidWorks in the amount of $35,000, for a total aggregate amount not to exceed $116,136. Councilmember Benavides abstained on Item 20C due to his serving on the Board of Directors for one of the non - profit organizations. CITY COUNCIL MINUTES 5 MARCH 15, 2010 1 0A -5 PROJECTS /CHANGE ORDERS 23A REJECTION OF BIDS FOR RESIDENTIAL STREET REPAIR PHASE 13 (PROJECT NO. 10 -6726) - Public Works Agency MOTION: Reject all bids for the Residential Street Repair Phase 13 project. AGREEMENTS 25A AGMT NO. 2010 -053 - CONSULTANT SELECTION FOR SANTA ANA REGIONAL TRANSPORTATION CENTER MASTER PLAN (PROJECT 10 -6729) - With IBI Group in an amount not to exceed $1,400,000 - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: RESOLUTIONS AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) None (0) None (0) None (0) * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS 55A PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO ADD FOUR PART -TIME CLASSIFICATION TITLES (PARKS, RECREATION AND COMMUNITY SERVICES AND PUBLIC WORKS AGENCY) - Personnel Services Agency Item pulled at the request of staff. CITY COUNCIL MINUTES 6 MARCH 15, 2010 iil�l�� 55B PROPOSITION 1B - MAINTENANCE AND IMPROVEMENT OF LOCAL TRANSPORTATION FACILITIES — PROJECT LIST AMENDMENT - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2010 -011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PROJECT LIST FOR USE OF PROPOSITION 1 B FY 2007/08 AND FY 2009/2010 FUNDS MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) None (0) None (0) None (0) COUNCIL RECESSED TO A JOINT SESSION BETWEEN CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY AT 5:57 P.M. JOINT SESSION 80A PUBLIC HEARING: APPROVE THE DISPOSITION AND DEVELOPMENT AGREEMENT, CONSOLIDATED PLAN AND LOAN AGREEMENT WITH VISTA DEL RIO HOUSING PARTNERS, L.P. — City Council and Community Redevelopment Agency Recommended actions approved by the Community Redevelopment and Housing Commission on March 2, 2010, by a vote of 4 -0 (Reyes absent) Legal notice published in the O.C. Reporter on March 1, 2010 and March 8, 2010. Cindy Nelson, Deputy City Manager for Development Services, provided a brief presentation. The Mayor opened the Public Hearing; there was no written or oral communications received. The Mayor closed the Hearing. CITY COUNCIL MINUTES 7 MARCH 15, 2010 1 0A -7 Chairperson Pulido requested that Council be kept abreast on the project and in the event it was not approved by the U.S. Department of Housing and Urban Development that it would be brought back to Council with additional options for the Council to consider. MOTION: 1. Approve the Substantial Amendment to the Consolidated Plan and authorize its submittal to the U.S. Department of Housing and Urban Development. 2. Direct the City Attorney to prepare and authorize the Deputy City Manager and Clerk of the Council to execute a loan agreement and all other related documents, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2010 -054 — Prepare an amendment with Vista Del Rio Housing Partners, L.P. for the construction of 41 special needs residences at 1600 W. Memory Lane in an amount not to exceed $1,500,000 MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 5:59 P.M. COUNCIL RECONVENED WITH ALL MEMBERS PRESENT WORK STUDY SESSION WSA BUSINESS OUTREACH / WORK CENTER UPDATE - Community Development Agency CITY COUNCIL MINUTES 8 MARCH 15, 2010 illyx;� Cindy Nelson, Deputy City Manager for Development Services, introduced topic and presented Linda Summers, Economic Development Manager. Ms. Summers provided Council with an update of recent efforts of the Economic Development Division. Highlights of the presentation included: Current Economic Development Objectives: • Promote Business Expansion, Retention, and Attraction • Support Infrastructure for Economic Development • Continued Partnerships with Local Business and Community Associations • Establish Cohesive Citywide Marketing Program • Continue to Promote Linkages with Workforce and Economic Development • Employee and Employer Training — Work Experience Programs • Market new Enterprise Zone (EZ) Expansion Areas • Continue Citywide Branding and Image Campaign through Website Update and "Good News" Portal • Promote Use of International Trade /Foreign Trade Zone • Continue to Utilize American Recovery and Reinvestment Act (ARRA) Funding • Continue to Support Entrepreneurship and Small Businesses • Enhance Downtown's Economic Vitality with Programs and Services New Business Licenses Issued: Date July, 2009 August, 2009 September, 2009 October, 2009 November, 2009 December, 2009 # of New Business Licenses 277 305 246 283 227 227 Business Outreach - Business Attraction Tools: • Marketing • Broker Forums and Tours • Interactive Available Properties Website (Loopnet) • Inventory of Available Properties • Retail Mapping Tools • Site Selection and Permit Assistance Business Outreach - Business Retention Tools: • Rapid Response Site Visits • Business Wellness Surveys • New Business Receptions • 100 Businesses for 100 Days Entrepreneurship Event • Next Event — April 22nd — "Money: Where to Find it and How to Get it- TODAY!" CITY COUNCIL MINUTES 9 ■MA MARCH 15, 2010 Business Retention Visits: 50 48 45 43 40 38 40 36 35 32 33 31 30 29 27 29 25 23 20 18 15 10 5 _ 0 PQ 4 PJ O Oe Business Service Requests: Other, 9 %_ Site Selec 10% Human Resource Management, 2% Internation; Trade, 1% Staff Training, 0� 0 Permits, Zoning S% Other City Services, 4% Tax Incentives, 30% Marketing Tools: V arketing, 7% Finance, 6% ecruitment, 19% Operations & Cost Management, 7% • Establish & Continue Image Branding Campaign • Business Portal • Interactive CD -Rom • Trade Show Booth • City Video Enterprise Zone: • New 15 year Designation — June 2008 • Expanded Area — February 2010 — 1,346 acres- Retained over 400 jobs • Santa Ana Companies Have Saved Over $300 Million in State of California Income Taxes CITY COUNCIL MINUTES 10 MARCH 15, 2010 1 0A -10 Number of Vouchers Issued: Year: Number: 2009 3,062 2008 3,456 2007 3,044 Total since June, 2006 32,838 Recovery Zone Bonds Financing: • $5,872,000 in Recovery Zone Economic Development Bonds • $8,807,000 in Recovery Zone Facility Bonds Work Center - Santa Ana WORK Center Visits in 2009: 60000 50000 40000 30000 17451 20000 13,912 11,236 10000 0 Jan -Mar 09 Apr -Jun 09 Jul -Sep 09 Oct -Dec 09 Year to Date Work Center Goals: • Links Workforce Programs to Education and Economic Development • Provides Training in High Wage, High Growth Industries • Provides On- the -job Training to Supply a Workforce for Industries with Hiring Needs Work Center Services: • Free Job Training • Job Leads for Unemployed Santa Ana Residents • Recruitment and Screening for Businesses • Resume and Interview Assistance • Outplacement Assistance to Laid off Individuals • Over 4,000 registered clients (Since July 2009) • Access to Internet, Faxes and Phone Bank • Prequalification of Enterprise Zone Eligible Employees for Employers • Rapid Response/WARN Notices CITY COUNCIL MINUTES 11 MARCH 15, 2010 1 0A -11 Work Center Projects and Programs: • Jobs Resource Center • Free Job Training • SAY Employment • Green Jobs Corps • Recovery Act (ARRA) • Rapid Response • 482 Adult Job - Seekers enrolled in On- the -Job Training and Work Experience Programs • 132 Youth enrolled in Youth Training Programs ARRA Funded Programs: • Essergy — Rapid Response Assistance for Small Businesses in Santa Ana ($150,000) • Goodwill Industries — Entrepreneurial Training for Low - Income Santa Ana Residents ($180,830) • Santa Ana Unified School District/ROP — Provide Green Educational Training for 60 youth ($30,000) • SAY Employment- 554 Low Income Santa Ana Youth Employed for the Summer ($2,100,000) Youth Programs: Green Jobs Corps — Provides Green Technology Training for 23 Santa Ana Youth ($84,410) Youth Service Provider Network: • Orange County Conservation Corps — 13 enrollments ($164,754) • Taller San Jose — 14 enrollments ($118,539) • Children's Therapeutic Art Center — 18 enrollments ($146,147) • OC Youth Council — 8 enrollments ($42,488) • Success Bound In- School — 30 enrollments ($153,300) • Orangewood Children's Foundation — 20 enrollments ($96,687) Rapid Response: Early Intervention — Identify Businesses "At- Risk" in Advance of WARN Resource Response Team — Including Economic Development, Workforce, City, and Other Resources to Help: • Avert or Minimize the Scope of the Layoff • Ease Their Transition to Potentially Avoid Future Layoffs Over 2,400 Individuals and 25 Companies Received Rapid Response Assistance CITY COUNCIL MINUTES 12 MARCH 15, 2010 1 0A -12 Microsoft Elevate America: • Voucher Donation Program • General E- Learning • IT Professional Learning • Microsoft Certification Exams • Santa Ana Received 2,169 Vouchers Measurable Economic Impact: Vouchers /Affidavits Enterprise Zone Empowerment Zone FEZ Industrial Development Bond Employment Training Panel Detail 3,062 vouchers 455 affidavits Produce company: Equipment Acquisition Purchase and Installation Trained 15 Workers in VOC English & Continuous Improvement Dollar Equivalent $31,333,446 $1,365,000 $2,075,000 $10,000 Vince Brantley, Chief Operations Officer for the Greater Santa Ana Business Alliance, provided Council with a brief update on the efforts of, the Greater Santa Ana Business Alliance throughout the community. Javier Mier, Chairman of the Board of the Orange County Hispanic Chamber of Commerce, updated the Council on their efforts to retain and grow jobs in the Santa Ana region. Jorge Doffo, President of the Santa Ana Merchants Association, requested additional economic development assistance with the merchants in the downtown area. Irving and Ryan Chase of Santa Ana Properties complimented Council and City staff on the improvements taking place in downtown Santa Ana and provided brief overview of business prospects at their site. COMMENTS 90A CITY MANAGER'S COMMENTS — Dave Ream, City Manager, thanked former Economic Development Manager Patty Nunn for setting up the successful economic development programs currently in place. CITY COUNCIL MINUTES 13 MARCH 15, 2010 1 0A -13 90B CITY COUNCILMEMBER COMMENTS Councilmember Martinez • Thanked Councilmember Sarmiento for his direct role in the success of the KaBoom project and transformation of Bishop Manor area; • Thanked the various merchants for coming to evening's meeting. Mayor Pulido • Adjourned meeting in memory of Benjamin "Ben" Kaufman, City's Chief Assistant City Attorney, who passed away recently after a brief illness. ADJOURNED- 7:43 P.M. the next meeting of the City Council, scheduled for Monday, April 5, 2010 at 5:00 p.m. for Closed Session Meeting immediately followed by the Regular Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn In Memory of Benjamin "Ben" Kaufman Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 14 MARCH 15, 2010 1 0A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: APPOINTMENT OF LABOR REPRESENTATIVE TO THE SANTA ANA WORKFORCE INVESTMENT BOARD i CITY MANAGER 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 Appoint Robert Tucker, Labor Relations Representative of the California School Employees Association, as a labor representative on the Santa Ana Workforce Investment Board. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of March 12, 2010, by a vote of 20:0 (Claudio, Conway, De Leon, Lewis, Maldonado, Metzler, Pina, Ruiz, Saldivar, Solkamans absent), the Workforce Investment Board recommended that the City Council appoint Robert Tucker, Labor Relations Representative of the California School Employees Association, as a labor representative on the Santa Ana Workforce Investment Board. DISCUSSION On March 6, 2000, the Santa Ana City Council adopted a resolution establishing the Santa Ana Workforce Investment Board and appointed 35 members. In accordance with the federal legislation, a majority of the Board members and the Board Chair must come from the private sector. The remaining Board members represent education, non - profit organizations, one -stop mandated partners and local labor organizations. There is currently one mandated labor representative seat vacant on the Board. The Orange County Labor Federation is the only labor organization authorized to nominate labor representatives locally and they have submitted a nomination letter highlighting Mr. Tucker's qualifications (Exhibit 1). 13A -1 Appointment of Labor Rep to the Santa Ana WIB April 5, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. 6�2zaz?i�- Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJ N /LS /DS /kg Exhibit 1. Nomination Letter 13A -2 3651544 15:5!:3/ $1 -21-2010 113 January 27, 2010 torange county Labor Federation, AFL-C-10 309 N. RAMFAirr STRrL:, , Su1Tr A • 0RA \GE, CAL1F0J?wA 92868 (714) 385 -1534 • FAx: (714) 385 -1544 • F -MAR.: InfoOcclabor.org Linda Summers Economic Development Manager City of Santa Ana Linda: This letter serves to confirm our conversation at yesterday's meeting, The Orange County labor Federation nominates Robert (Bob) Tucker to serve as a board member on the Santa Ana Workforce Investment Board (WIB), Bob currently serves on the Orange County WIB and has the experience needed to be a productive mernber. When approved to the Santa Ana WIB, fie will resign his membership at the OUAIIB so that he can fully participate in Santa Ana. Attached Is a memo from Bob. Please call me If you have any questions. Norma Kurtz Director, Workforce and Economic Developinelit Orange County Labor Federation ww"'.oclab0r.or .,, . Exhibit 1 13A -3 385 1544 15:57 -5( 01 -2 /- 2010 3/3 January 27, 20'10 Linda Sumnel-s Santa Ana Workforce Cnvestmr:nt Board T. .would l UP, Co off or my labor union related experierncc nr:d roc nest t:o be _nLeci to tho Santa Ana Workforco Investment Board. As a Lal'•)r Relations Reprrsentativc with the California School Employees As:cociatLor WSW her,? in Orancle County for over eight years, fiftean years e:1a3 tr r_las� r Eiecl emplai +PCB nrrd union activist, and having boon a long (Artie res-brier.t �.f ttir County, I feel that I am qualified to serve as a Union representative on :his particular board. While not a member of the Executive: f3ocird of the orange County ;.nior Federation (OCLt:) , I have worked closely in solidarity with thc- luaders of the ()CLF, , Al Yba}: ra and Rick Eiden, and Carlos C•ommac:ho in the )Int. an -d Tefor4; Gebre today. In addi.ti.on, L was a founding member in 1994 of Pride at lelork !1:;L /0'(0, Hie latest Constituency group of the AFL /CIO representing ltash%�tl'c, r.ry, bisexual, transgender (LGBT) labor. If selected to serve on this board I -could be brincling a diverse point of view as a LGBT labor activist.. Robw Tucker 13A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 n 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 513 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 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: April 4, 2010 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 -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2010 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION EXPIRATION DATES Chronological Files Staff Memoranda and Correspondence April 1, 2008 and prior Correspondence/ Chronological Files Councilmember Self- explanatory April 1, 2008 and prior Council Requests Mayor Inquiries processed for Mayor April 1, 2008 and prior Wards 1 through 6 Inquiries processed for Councilmembers Self- explanatory Inquiries processed for Staff Self- explanatory Self- explanatory Self- explanatory April 1, 2008 and prior Correspondence General Correspondence April 1, 2008 and prior Staff April 1. 2008 and prior Monthly Status Reports City Manager April 1. 2008 and prior Payroll Records Council /Staff April 1, 2008 and prior Travel Folders Council /Staff April 1, 2008 and prior APPROVE: David N. Ream Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: 1 lo't'seph W. Fletch�r- Date Ciy Attorney AUDITED BY: Mark Lawrence Date Assistant to the City Manager CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CLERK OF THE COUNCIL 2010 19C -5 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RETENTION PERIOD ABATEMENTS Abatements of various undesirable Files on Dangerous Buildings, 2007 and Prior conditions Garbage, Trash, & Weed Abatement, Public Nuisance and other related Council actions including correspondence and BOARDS & B &C Applications Requests for Council action RFCA Applications for B &C positions 2007 and Prior COMMISSIONS (B &C) Not Selected received during a calendar year and not acted upon by the Council B &C Board Attendance Reports Biannual Attendance reports from 2006 and Prior City Boards, Committees and B &C Board Member File, Commissions; includes RFCA's; Membership Applications and supporting Roster correspondence re current members; Reference file for names, addresses and other data on incumbent Board /Commission CLERK Miscellaneous Correspondence members. Includes both incoming and outgoing 2007 and Prior PUBLIC RECORDS REQUEST Public Records Request Requests from the public for 2007 and Prior documents retained by the City CLERK LOGS Claims Against the City Council reports on liability claims 2006 and Prior Miscellaneous Logs Log of documents received by the Clerk including summons, subpoenas, appeals, Alcoholic Beverage Control (ABC), Personnel Board findings and other actions COUNCIL MEETING Agendas g under various SAMC sections City Council Meeting Agendas 2007 and Prior Agenda Packets —By Council Meeting Date Council Meeting Agenda packet 2004 and Prior materials, e.g., Requests for Council Action (RFCA's) and backup information on Council Agenda items Audio and Video Recordings Recordings of Council Meetings 2008 and Prior FINANCE (Financial Documents) Projects Winning bids (originals) for Council- 2005 and Prior approved contracts for construction, improvement, maintenance, rehabilitation of public facilities including change orders; contains RFCA's and insurance certificates 19C -5 RECORD CATEGORY RECORD SERIES RECORD DESCRIPTION RETENTION PERIOD PAYROLL Leave of Absence Forms to authorize absence from 2007 and Prior work Exception Sheets Forms to charge labor expenditures to applicable Fund and Activity other 2006 and Prior than home account PREPARED BY: vk�k Rita L allardo l Date Asst. Clerk of the Council RECORDS DESTROYED: 11 Number of Boxes CONSENT BY: Maria D. Huizar Date Clerk of the Council AP,Pf�OVE: Jos h Fletcher Date C' Attorney �q 19C -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT RENEWAL FOR POLICE MOTORCYCLE PARTS AND REPAIR (SPEC. NO. 06 -182) i CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1S` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with Seavco d /b /a Iry Seaver Motorcycles for motorcycle parts and repairs for a one -year period in the annual amount not to exceed $175,000. DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency is responsible for the maintenance and repair of the Police Department's 34 motorcycles. Service ranges from preventive maintenance of brakes, tires and steering components, to repairs due to accident damage. The motorcycles must be maintained in the highest quality condition to meet federal, state and local codes. The contracts require that maintenance must be provided by factory trained, certified technicians for liability purposes. On February 5, 2007, the City Council awarded a contract to Iry Seaver Motorcycles for a two - year period with provisions for two one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract. However, the vendor has requested a five percent increase in the labor rate, after maintaining the same rate for the past three years. Staff verified that the increase is consistent with the market and the vendor continues to offer a competitive price. Staff recommends the final renewal of the contract. The annual amount is based upon past usage and staff's projection for the next year. 22A -1 Contract Renewal for Police Motorcycle Parts April 5, 2010 Page 2 FISCAL IMPACT Funds are available in the Maintenance and Repair Machine & Equipment account (no. 07510100 62322). Francisco Gutierrez Executive Director Finance and Management Services Agency FG /KM 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACTS RENEWAL FOR OEM VEHICLE PARTS AND REPAIRS (SPEC. NO. 07 -087) V CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contracts for OEM vehicle parts and repairs for a one -year period in the annual aggregate amount not to exceed $160,000 with the following vendors: McCoy Motor Co. Inc. d /b /a Mills Ford Power Ford Tustin Villa Ford DISCUSSION The Finance and Management Services Agency Fleet Maintenance Division is responsible for the maintenance and repair of over 600 vehicles, including 110 patrol sedans. In some cases, it is necessary to utilize Original Equipment Manufacturer (OEM) parts to stay within warranty. Fleet maintains an inventory of 1300 stock items, some of which are OEM parts; parts not stocked are purchased on an as- needed basis. Fleet maintains contracts with multiple auto parts vendors for non -OEM parts. This contract is for OEM parts and repairs with Ford certified shops, in order to maintain warranty coverage. On November 5, 2007, the City Council awarded contract to five vendors for a one -year period with provisions for two one -year renewals. The vendors have performed satisfactory during the past contract period and have agreed to renew the contracts without an increase in pricing. Staff recommends the final renewal of the contracts. The original award included two local Chevrolet dealers that have closed their offices in the past 12 months. OEM parts for Chevrolet vehicles are processed with existing contracts. 22B -1 Contract Renewal for OEM Vehicle Parts & Repairs April 5, 2010 Page 2 FISCAL IMPACT Funds are available in the Fleet Equipment Maintenance, Garage Operations account (no. 07510100 63202). iid saw L Slivd 4 �a Francisco Gutierrez k Executive Director Finance and Management Services Agency FG /KM REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT RENEWAL FOR SAFETY GLOVES (SPEC. NO. 08 -076) 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 Renew the contract with Fisher Scientific for safety gloves for a one -year period in an annual amount not to exceed $35,000. DISCUSSION The Central Stores section of the Finance and Management Services Agency provides safety gloves to various departments throughout the City for use in the performance of their duties. Included are disposable neoprene gloves for use with chemicals, single use nitrile gloves for light duty, G -Tek puncture- resistant gloves are used extensively by the water department, and canvas and leather work gloves are used throughout the organization. The contract for safety gloves is designed to provide quality products at significant savings based on quantity pricing. On April 6, 2009, the City Council awarded a contract to Fisher Scientific for a one -year period with provision for three one -year renewals. Fisher Scientific has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Operating Miscellaneous Office Expense accounts (no. 63001). A Francisco Gutierrez Executive Director Finance and Management Services Agency 22C -1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT RENEWAL FOR STREET SWEEPER BROOM REWRAP (SPEC. NO. 09 -007) 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 Renew the contract to West Coast Equipment, Inc. for street sweeper rewrap service for a one - year period in the annual amount not to exceed $61,000. DISCUSSION The Fleet Maintenance Division of the Finance and Management Services Agency is responsible for the maintenance and repair of 11 street sweepers used by the Public Works Agency. The street sweepers clean over 60,000 miles of city streets annually. The brooms on the sweepers require monthly rewrapping to maintain effectiveness. On April 6, 2009, the City Council awarded a contract to West Coast Equipment, Inc. for a one - year period with provisions for two one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operation account (no. 07510100 63001). :F WN %'M.cNr. D pi Francisco Gutierrez K Executive Director Finance and Management Services Agency FG /KM 22D -1 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2002 TITLE: CONTRACT RENEWALS FOR TONER CARTRIDGES & SUPPLIES (SPEC. NO. 09 -012) a"A,9'� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract for toner cartridges and supplies for a one -year period, in the following annual amounts. Vendor: Amount: Staples Technology Solutions $60,000 Office Depot $60,000 DISCUSSION The City of Santa Ana utilizes copiers and printer supplies throughout the organization, necessitating the purchase of over 200 different cartridges ranging in value from $22.00 for small inkjet printers to $365 for color laser printers. The estimated cost of replacing toner cartridges and toner supplies for the next year is $120,000. On April 6, 2009, the City Council awarded contracts to three vendors for toner cartridges and supplies. Staples Technology Solutions and Office Depot have performed satisfactorily during the past contract period and have agreed to renew the contracts at the same rate structure. Therefore, staff recommends the renewal of the contract at $120,000. The remaining vendor contract amounts will not exceed the $25,000 annual limit that requires City Council approval. FISCAL IMPACT Funds are available in the various Operating Materials and Supplies accounts. (Object code 63001) Francisco Gutierrez to Executive Director Finance and Management Services Agency 22E -1 22E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT AWARD FOR BRASS WATER SERVICE FITTINGS (SPEC. NO. 09 -057) 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 Award contracts for brass water service fittings for a one -year period, with provision for four, one - year renewals in the annual amounts as follows: Vendor: H.D. Supply Waterworks Cambridge Brass, Inc Inland Water Works Supply DISCUSSION Location: Amount: Santa Ana $30,000 Ontario, Canada $35,000 San Bernardino $50,000 Last year, the Public Works Agency (PWA) Water Resources Division delivered 40,438 acre -feet of water to businesses and residents in Santa Ana. To do so, PWA maintains an extensive distribution system that includes 20 active wells, seven pumping stations and reservoirs, and seven import water connections, as well as miles of water pipe. In order to perform maintenance and repairs on this extensive system, PWA requires an assortment of materials such as bushings, flanges, nuts, and stops. The materials are purchased through the Central Stores warehouse for distribution. The contract for brass water service fittings is designed to provide quality products at a significant savings based on quantity pricing. 22F -1 Contract Award for Brass Water Service Fittings April 5, 2010 Page 2 The notice inviting bids was advertised on November 24, 2009 and bids were solicited. A summary of the bid invitations and bids received is as follows: 13 Invitations For Bid mailed 6 Invitations For Bid mailed to Santa Ana vendors 6 Bids received 3 Bid received from Santa Ana vendors Bids were received, opened on December 15, 2009, and evaluated (Exhibit 1). The bids were evaluated by individual product categories. The bids received from H.D. Supply Waterworks, a Santa Ana vendor, Inland Water Works Supply and Cambridge Brass, Inc. are responsive to the specifications in their respective categories and meet the City's requirements. The annual amounts are based upon past usage and staff's projection for the next year. Additionally, H.D. Supply Waterworks provides fire hydrant repair kits, tools and building supplies. The contract for brass water service fittings, when combined with previous purchases during the current fiscal year, exceeds the $25,000 aggregate limit. In order to facilitate future purchases of fire hydrant repair kits, tools and building supplies, staff recommends a $15,000 increase in the aggregate limit. FISCAL IMPACT Funds are available in the Water Utility Water Systems Maintenance and Water Quality & Measurement accounts (nos. 06017641 -63001 and 06017644- 63001). - Raul Godinez II Executive Direct r Public Works Agency RG/W O/09- 057.9: APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22F -2 Contract Award for Brass Water Service Fittings April 5, 2010 Page 3 ABSTRACT OF BIDS (Spec. 09 -057) Vendor HD Supply Location CENTRAL STORES STOCK ITEMS CATEGORIES A Meter Adapters B Angle Meter Stops C Meter Bushing D Corporation Stops E Meter Couplings F 45° & 90° Couplings G Curb Stops H Meter Flanges I Copper Tube Nut J Brass Gate Valve K Copper Couplings Total Cost Estimated Annual Usage -Stock Items (Including Sales Tax) Vendor Location CATEGORIES A Meter Adapters B Angle Meter Stops C Meter Bushing D Corporation Stops E Meter Couplings F 45° & 90° Couplings G Curb Stops H Meter Flanges I Copper Tube Nut J Brass Gate Valve K Copper Couplings Total Cost S & J Supply Co., Inc Waterworks Santa Ana $ 409.60 $ 15,732.55 $ 3,096.00 $ 14,538.85 $ 20,607.75 $ , 3,261.50 $ 61,867.79 $ 588.20 $ 44.75 $ 525.45 $ 150.45 $ 19,669.90 $ 30,000.00 S & J Supply Co., Inc 6,168.00 Santa Fe Springs $ 322.64 $ 17,367.00 $ 2,779.20 $ 13,601.00 $ 11,755.85 $ 6,013.65 $ 56,737.20 $ 520.00 $ 37.45 $ 560.40 $ 155.10 $ 3,101.84 Exhibit 1 22F -3 Cambridge Brass 6,168.00 I nc. Cambridge, Ontario 11,028.45 Canada 6,543.25 No Bid Non Responsive $ 2,908.80 $ 13,126.00 $ 9,056.94 $ No Bid $ 55,541.43 $ 505.00 $ 35.75 $ No Bid $ No Bid $ 22,723.69 $ 35,000.00 Wells Supply Co Santa Ana $ 786.40 Non Responsive $ 6,168.00 $ 14,648.75 $ 11,028.45 $ 6,543.25 $ 62,741.30 $ 558.00 $ 52.75 $ No Bid $ No Bid Inland Water Works Supply San Bernardino $ 580.00 $ 16,347.50 $ 6,720.00 $ 15,088.00 $ 22,094.80 $ 7,137.00 $ 49,853.05 $ 800.00 $ 60.00 $ 2,700.00 $ 955.00 $ 49,853.05 $ 50,000.00 Ferguson Waterworks Santa Ana $ 1,031.24 $ 16,691.78 $ 3,465.60 $ 15,714.64 $ 17,219.68 $ 7,323.60 $ 68,421.59 $ 652.00 $ 57.61 $ 4,858.96 $ 158.32 22F -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT AWARD FOR SCREEN PRINTED ARTICLES, PROMOTIONAL ITEMS AND SERVICE AWARDS (SPEC. NO. 10 -008) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to McVicker and Associates for screen printed articles, promotional items, and service awards for a one -year period in the annual amount not to exceed $40,000. DISCUSSION Screen Printed articles, awards and promotional items are purchased for a variety of City - sponsored activities. The Parks, Recreation, and Community Services ( PRCSA) orders screen - printed articles for sports and youth guidance programs, including basketball, youth commission and the volunteer program. The Community Development Agency orders screen - printed articles for the grant- funded Summer Youth Employment Program. Promotional items and service awards are needed for the PRCSA Volunteer Program, the City's commuter program (which is funded through an Air Quality Management District grant), and the Personnel Services Agency service awards. The City contracts with approximately six vendors to provide promotional items and all orders are assigned on a per -job basis after competitive bidding. McVicker and Associates typically is the lowest responsive bidder, therefore, it is not anticipated that the other five vendors will exceed the $25,000 annual aggregate limit and require City Council approval of the contract. 22G -1 Contract Award for Awards April 5, 2010 Page 2 FISCAL IMPACT Funds available in the various departmental Operating Materials & Supplies accounts (63001). Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22G -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT AWARD FOR PAYROLL SERVERS (SPEC. NO. 10 -009) a CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to GovConnection for the purchase of Payroll servers in an amount not to exceed $37,500. DISCUSSION The City implemented a payroll system from High Line Corporation in January 2000. The system is used to record employee time and attendance, process payroll, produce pay checks, manage personnel records, administer employee benefits, report service credit earned to CalPERS, deliver employer federal and state tax files, and provide accurate payroll and personnel information in support of management budgeting decisions. The system runs on an Oracle database using Client / Server technology that is several years old. High Line has revamped the software using modern Oracle web technology. The existing software version has reached its end -of -life, and High Line will no longer support it after 2010. Fortunately, the migration to the new version is relatively easy as the back -end database structure is the same. The new version requires additional server horsepower as well as compatible hardware. The existing payroll server hardware, which is also several years old, does not meet the requirements of the new software version. The new, more powerful virtualization servers consume less energy and the portability of virtualization allows for a smoother, more efficient recovery after a disaster. Staff seeks authorization to replace the server hardware with new hardware in order to run the web -based payroll software version. 22H -1 Contract Award for HP Servers April 5, 2010 Page 2 The Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Western States Contracting Alliance (WSCA) establishes California Multi -State Cooperative Agreements for Commodities, IT Goods & Services, and Telecommunication Goods and Services. WSCA agreements are available to all State of California governmental entities that expend public funds for the acquisition of both goods and services. GovConnection is a value added re- seller of servers, offering WSCA pricing. FISCAL IMPACT Funds are available in the Technology Plan Miscellaneous Citywide Projects account (no. 10910146- 66400). I - Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22H -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED CONTRACT AWARD FOR PLAZA OF ❑ As Recommended THE FOUNTAINS NUMBERS 1 AND 3 ❑ As Amended PROJECT NOS. 09 -9108 El El on 1s' Reading RENOVATION ( ❑Ordinance on 2 "d Reading & 08 -9097) El 'Implementing Resolution ❑ Set Public Hearing For a', � , r 'tee?: - CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Award a contract to South Coast Pool Plastering, Inc., the lowest responsible bidder, in accordance with the base bid in the estimated amount of $249,600 for construction of Plaza of the Fountains Nos. 1 and 3 Renovation. 2. Approve a Funding Analysis with a total estimated construction cost of $312,000. DISCUSSION The Civic Center Law Library Fountains, also known as Fountains Numbers 1 and 3, have not been working for several years due to deterioration and maintenance problems (Exhibit 1). The Plaza of the Fountains renovation project includes addressing cracks and leakage in the fountains, providing a new spray center jet and lighting, and replacing the electrical and plumbing systems. Once completed, the improvements will increase the aesthetic quality of the fountains and the surrounding civic center area. The Notice Inviting Bids was advertised on December 23 and 28, 2009, and bids were opened on January 19, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 18 Contractors requesting bidding documents: 17 Bids received: 4 Bids received from Santa Ana Contractors: 1 23A -1 Contract Award For Plaza of the Fountains Nos. 1 & 3 Renovation April 5, 2010 Page 2 NAME OF RESPONSIVE BIDDER 1. South Coast Pool Plastering, Inc. 2. California Commercial Pools, Inc. CITY BID AMOUNT Lakeside $249,600 Glendora $359,800 A total of four bids were received and two were responsive. Hondo Company, Inc. submitted a bid that did not have the required license. Pacific Aquascape, Inc. (PAI) submitted a qualifying statement with their bid, which modifies the advertised bid documents and therefore, PAI's bid is not responsive. The lowest bid was submitted by South Coast Pool Plastering, Inc., for $249,600, which is below the Engineer's estimate of $300,000. ENVIRONMENTAL IMPACT Environmental Review No. 2010 -18 has been completed and the Categorical Exemption will be filed upon Award of contract pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $312,000, for the project (Exhibit 2). Funds are available in the Other County Funding (accounting unit 07413260- 66220). Raul Godinez IN Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency RG /ET Exhibit 1: Location Map Exhibit 2: Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -4 FUNDING ANALYSIS PROJECT NOS. 09 -9108 AND 08 -9097 PLAZA OF THE FOUNTAINS NUMBERS 1 AND 3 RENOVATION Construction Contract Contingencies $249,600 $62,400 TOTAL ESTIMATED CONSTRUCTION COSTS la12 000 Exhibit 2 23A -5 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: REJECTION OF BIDS FOR ADAMS PARK BASKETBALL COURT RENOVATION (PROJECT NO. 107504) 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 Reject all bids for the Adams Park Basketball Court Renovation. DISCUSSION The existing basketball court at Adams Park has severe cracking and erosion of existing surface that inhibits the use of the facility (Exhibit 1). The project entails resurfacing and re- striping of six existing basketball courts. Additionally, volleyball and hopscotch are to be re- striped within the basketball courts. The Notice Inviting Bids was advertised on February 17 and 19, 2010, and bids were opened on March 9, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: 23B -1 18 15 9 2 Rejection of Bids For Adams Park Basketball Court Renovation April 5, 2010 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Caliber Paving Company, Inc. Santa Ana $69,925.00 2. Century Paving, Inc. La Mirada $76,561.00 3. ACE CD, Inc. La Verne $80,752.85 4. Panorama General Engineering, Inc. Upland $80,999.99 5. Hardy & Harper, Inc. Santa Ana $89,840.50 6. KM Consulting Crestline $105,532.60 7. Malibu Pacific Tennis Courts, Inc. Westlake Village $118,612.50 8. 4 -Con Engineering, Inc. Riverside $148,990.00 9. Hunter General Engineering, Inc. Oceanside $149,952.42 A total of nine bids were received and all were responsive. The lowest bid was submitted by Caliber Paving Company, for $69,925 which is below the Engineer's estimate of $98,825. The project is funded with Community Development Block Grant funds, but was inadvertently advertised without the federal requirements associated with this funding. Therefore, staff recommends that all bids be rejected and the project be re- advertised with the federal requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez III Executive Director Public Works Agency tivll Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency RGNVA Exhibit 1: Project Location Map W ,-j U U EDINGER AVE N H Z J Q U N GERTRUDE PROJECT SITE EXHIBIT 1 SANTA ANA TITLE: PWA CITY COUNCIL REJECTION OF BIDS FOR AGENDADATE: ADAMS PARK BASKETBALL COURT RENOVATION APRIL 5, 2010 (PROJECT NO. 107504) PUBLIC WORKS AGENCY L -:Is] W : i REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 5, 2010 TITLE: APPROVED CONTRACT AWARD FOR BELLA VISTA, ❑ As Recommended CASA BONITA, CENTRAL CITY, AND El Amended El O Or rdinance on 151 Reading PICO LOWELL NEIGHBORHOODS ❑ Ordinance on 2nd Reading IMPROVEMENTS (PROJECT NO. 107503) ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to R. J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add -on alternate one in the estimated amount of $2,383,662.59 for construction of Bella Vista, Casa Bonita, Central City, and Pico Lowell Neighborhoods Improvements. 2. Approve a Funding Analysis with a total estimated construction cost of $2,908,000. DISCUSSION The area bounded by Fairview Street, Flower Street, McFadden Avenue, and First Street is part of the City's comprehensive plan to rebuild residential streets throughout the City (Exhibit 1). Segments of local streets located in these neighborhoods have been identified as a high priority for rehabilitation in the City's pavement management system. The pavement is deteriorating due to weather, age, and heavy usage. Additionally, some of the adjacent curbs, gutters, sidewalks, and curb ramps are in various states of disrepair and require replacement. The contract provides for recycling existing asphalt paving with the cement treated base reconstruction process, and replacing of damaged curbs, gutters, sidewalks, and curb ramps. Bid alternate one provides for re- establishing the survey monuments. Once completed, these improvements will enhance the ride quality and visual appearance of the neighborhoods. The Notice Inviting Bids was advertised on January 27 and 29, 2010, and bids were opened on February 23, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 15 Contractors requesting bidding documents: 11 Bids received: 5 Bids received from Santa Ana Contractors: 1 23C -1 Contract Award For Bella Vista, Casa Bonita, Central City, and Pico Lowell Neighborhoods Improvements April 5, 2010 Page 2 NAME OF RESPONSIVE BIDDER 1. R. J. Noble Company 2. All American Asphalt 3. Hardy & Harper, Inc. 4. Excel Paving Company 5. Elite Bobcat Service, Inc. CITY BASE BID PLUS ADD -ON ALTERNATE ONE Orange $2,383,662.59 Corona $2,456,433.00 Santa Ana $2,491,000.00 Long Beach $2,592,724.61 Corona $2,815,000.00 A total of five bids were received and all were responsive. The lowest base bid plus add -on alternate one was submitted by R. J. Noble Company, for $2,383,662.59, which is below the Engineer's estimate of $2,721,838. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, and National Environmental Policy Act the proposed project is exempt from future review. Categorical exemption Environmental Review No. 2010 -03 will be filed for the project. In addition, a Certification of Categorical Exclusion and a Statutory Worksheet have been prepared in accordance to the National Environmental Policy Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,908,000 for the project (Exhibit 2). Funds are available in the Community Development Block Grant Fund (accounting unit 13518783- 66220). .r Raul Godinez I Executive Direct Public Works Agency RGNVA Exhibit 1: Project Location Map 2: Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director L Y Finance & Mgmt. Services Agency 23C -2 i N --i L—l-T ST L 1ST ST 1� ill - ;:1 L ---j 2i L--L—J Lm-siT — I I L--J " J Lm—m—fl=�--m T LEGEND: � PROPOSED IMPROVEMENTS EXHIBIT 1 ST Iy P F w T =El C ESTNUT AV KMT ST LE ST F f BMW ST L L_ RIptANp AV WI L NUM&MO RT NI0lAW ST r ST LWN= ST ON ST T m cum ST _j MCFADDEN AV F-1171 F-7 F-1, F-1 lF--.'l F-T-;N11 SANTA ANA C" COUNM CONTRACT AWARD FOR BELLA VISTA, 7 M" W Ul A A ACN CASA BONITA, CENTRAL CITY, AND PICO MA DAM. �i -Apm 5, 2m LOWELL NEIGHBORHOODS IMPROVEMENTS I (PROJECT NO. 107503) 1 FUNDING ANALYSIS PROJECT NO. 107503 BELLA VISTA, CASA BONITA, CENTRAL CITY, AND PICO LOWELL NEIGHBORHOODS IMPROVEMENTS Construction Contract $2,383,662 Contract Administration $65,972 Inspection and Testing $120,000 Survey Staking $100,000 Contingencies $238,366 TOTAL ESTIMATED CONSTRUCTION COSTS $2.908,000 Exhibit 2 23C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT AWARD FOR RESIDENTIAL STREET REPAIR PHASE 11 (PROJECT NO. 106717) 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 CITY MANAGER RECOMMENDED ACTION 1. Award a contract to R. J. Noble Company, the lowest responsible bidder, in accordance with unit bid prices for the base bid plus add -on alternate one in the estimated amount of $1,912,110.84 for construction of Residential Street Repair Phase 11. 2. Authorize the City Manager, and Clerk of the Council to execute the attached cooperative agreement with the City of Garden Grove, subject to nonsubstantive changes approved by the City Manager and City Attorney for the rehabilitation of pavement on Clinton Street from south of Morningside Avenue to Westminster Avenue. 3. Approve a Funding Analysis with a total estimated construction cost of $2,332,700. DISCUSSION Phase 11, which is the area bounded by First, Seventeenth, Newhope, and Flower Streets, is part of the City's comprehensive plan to rebuild residential streets throughout the City (Exhibit 1). Segments of local streets located in these neighborhoods have been identified as a high priority for rehabilitation in the City's pavement management system. The pavement is deteriorating due to weather, age, and heavy usage. Additionally, some of the adjacent curbs, gutters, sidewalks, and curb ramps are in various states of disrepair and require replacement. The contract provides for recycling existing asphalt paving with the cement treated base reconstruction process and replacing of damaged curbs, gutters, sidewalks, and curb ramps. Bid alternate one provides for re- establishing the survey monuments. Once completed, these improvements will enhance the ride quality and visual appearance of the streets. Clinton Street from south of Morningside Avenue to Westminster Avenue is included in this project, with portions in both Santa Ana and Garden Grove. It is recommended that the cities of Garden Grove and Santa Ana enter into an agreement to rehabilitate the street with the City of Santa Ana being the lead agency for the construction phase. The cities will share the cost of rehabilitating the street equally. 2301-1 Contract Award For Residential Street Repair Phase 11 April 5, 2010 Page 2 The Notice Inviting Bids was advertised on January 27 and 29, and bids were opened on February 23, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: NAME OF RESPONSIVE BIDDER CITY 1. R. J. Noble Company Orange 2. All American Asphalt Corona 3. Excel Paving Company Long Beach 4. Elite Bobcat Service, Inc. Corona 5. Hardy & Harper, Inc. Santa Ana 15 16 5 1 $1,887,110.84 $2,039,789.00 $2,061,515.88 $2,124,473.00 $2,222,000.00 BASE BID PLUS ADD- ON ALTERNATE ONE $1,912,110.84 $2,089,789.00 $2,081,515.88 $2,145,473.00 $2,247,000.00 A total of five bids were received and all were responsive. The lowest base bid plus add -on alternate one was submitted by R. J. Noble Company, for $1,912,110.84, which is below the Engineer's estimate of $2,201,770. The amounts in the column of base bid plus add -on alternate one appear to be out of order because bidding documents require that the lowest responsible bidder be selected based on the lowest base bid and those are the bid amounts that staff utilized to make the comparison. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from future review. Categorical Exemption Environmental Review No. 2010 -02 will be filed for the project. In addition, a Certification of Categorical Exclusion and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $2,332,700. Funds are available in the Public Works Account for Residential Street Repair (accounting unit 05817661 - 66220). G i Raul Go Inez II Executive Director Public Works Agency RGNVA Exhibit 1: Project Location Map 2: Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: 11�73 Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency W] W LEGEND izAMmomm— (SCALE. NTS) PROPOSED IMPROVEMENTS EXHIBIT 1 SANTA ANA TITLE: CONTRACT AWARD FOR cmr DA COUNCIL RESIDENTIAL STREET REPAIR PHASE 11 P W A APRIL D5. DATE: (PROJECT NO. 106717) PUBLIC WORKS AGENCY FUNDING ANALYSIS PROJECT NO. 106717 RESIDENTIAL STREET REPAIR PHASE 11 Construction Contract $1,912,110 Contract Administration $59,379 Inspection and Testing $95,000 Survey Staking $75,000 Contingencies $191,211 TOTAL ESTIMATED CONSTRUCTION COSTS $2.332.700 Exhibit 2 23D -4 COST REIMBURSEMENT AGREEMENT CLINTON STREET ROADWAY RESURFACE PROJECT THIS COST REIMBURSEMENT AGREEMENT ( "Agreement "), is made and entered into this day of , 2010, by and between the CITY OF SANTA ANA, a California charter city ( "Santa Ana "), and the CITY OF GARDEN GROVE, a California municipal corporation ( "Garden Grove "). In this Agreement, Santa Ana and Garden Grove may each be individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, Santa Ana has initiated a residential street repair program (the "Program ") to rehabilitate residential streets throughout the City; and WHEREAS, Clinton Street, which is split down the centerline with half in Santa Ana and half within the boundary of Garden Grove, is included in the current phase of the Program; and WHEREAS, In an effort to efficiently utilize Garden Grove resources, Garden Grove wishes to improve the portion of Clinton Street within its boundary at the same time the Santa Ana half of the street is being repaired within the Program; and WHEREAS, the Parties desire to resurface Clinton Street, within their respective boundaries, with a thin overlay with localized R &R (the "Project "). NOW, THEREFORE, based upon the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all Parties, the Parties agree as follows: 1. Santa Ana will advertise for bids, hire a contractor, approve the work and administer the contract for street resurfacing. 2. Garden Grove is responsible for funding that portion of the Project within the Garden Grove city limits, as set forth in Exhibit A, attached hereto and incorporated by this reference. Garden Grove will remit payment to Santa Ana within thirty (30) days of receipt of invoice evidencing Project work performed within Garden Grove city boundary. 3. Garden Grove will coordinate the relocation of all affected utility company facilities within the City limits of Garden Grove in a timely manner. 4. Santa Ana and Garden Grove shall extend cooperation to each other and proceed under this Agreement in good faith to facilitate timely completion of the Project. The Parties agree that when any component of this Project is subject to the approval of Garden Grove, such approval shall not be unreasonably withheld. 23D -5 5. Garden Grove will be notified as to the official advertising dates, bid opening date, construction start date, and overall construction schedule. Also, a representative from Garden Grove will be invited to attend pre - construction, Project status, and final walk through meetings. 6. Change orders for work within Garden Grove must receive the written approval of the Executive Director of the Public Works Agency of Garden Grove or his designee prior to implementation. 7. The following staff members, or as otherwise designated in writing by the Executive Director of Public Works of Santa Ana or the Director of Public Works of Garden Grove, shall be the selected representatives of each City to act on each respective City's behalf with respect to this agreement. Any notices, requests, approvals, plan submittals or communications shall be provided to each representative noted below: City of Santa Ana: ATTN: Souri Amirani Deputy Deputy City Engineer 20 Civic Center Plaza, M -36 Santa Ana, Ca 92701 Phone: (714) 647 -5640 E -Mail: samarani(a—) Santa- ana.org City of Garden Grove: ATTN: Bob Moungey Public Works Supervisor Streets Division 13802 Newhope Street Garden Grove, CA 92843 Phone: (714) 741 -5385 E -Mail: robertm(c—vci.garden- grove.ca.us 8. Santa Ana shall cause its contractor for the Project to guarantee the Garden Grove improvements against defects in workmanship and materials for a period of one (1) year from the date of acceptance by Santa Ana. It is further agreed that Santa Ana shall assume the responsibility for causing the Garden Grove improvements to be brought or restored to full compliance with the requirements of the Plans and Specifications for any portion of the Project which during said one (1) year period are found not to be in conformance with the provisions of the Plans and Specifications. 9. The City of Santa Ana shall have its contractor provide insurance as follows: 9.1 INSURANCE AMOUNTS. Contractor shall maintain the following insurance for the duration of this Agreement: (a) Commercial general liability in the amount of $1,000,000 per occurrence; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to City and have an AM Best's Guide Rating of A- Class VII or better, as approved by the City. An Additional Insured Endorsement, ongoing and completed operations, for the policy shall designate the City of Santa Ana, the City of Garden Grove, their officers, officials, employees, agents, and volunteers as additional insureds for w1i, liability arising out of work or operations performed by or on behalf of the Contractor. (b) Automobile liability in the amount of $1,000,000 combined single limit, including mobile equipment if applicable; (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to City and have an AM Best's Guide Rating of A -, Class VII or better, as approved by the City. An Additional Insured Endorsement for the policy shall designate the City of Garden Grove, the City of Santa Ana, their officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the Contractor. Contractor shall provide to City proof of insurance and endorsement forms that conform to City's requirements, as approved by the City. (c) For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall by excess of the Contractor's insurance and shall not contribute with it. 9.2 WORKERS COMPENSATION INSURANCE. For the duration of this Agreement, Contractor and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the City of Garden Grove, the City of Santa Ana, their officers, officials, agents, employees, and volunteers. 9.3. CONTRACTOR shall not commence work until all certificates and endorsements have been received and approved by Santa Ana. All insurance required shall contain a Statement of Obligation on the part of the carrier to notify City of any material change, cancellation, or termination at least thirty (30) days in advance. 10. This Agreement contains all of the agreements of the Parties regarding the Project and all previous understandings, negotiations and agreements regarding the Project are integrated into and superseded by this Agreement. 11. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing signed by both Parties. 12. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, 23D -7 paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder. 13. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. 14. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. 15. This Agreement may be executed by the Parties and counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 16. This Agreement is to be governed by the laws of the State of California. 17. Each party agrees to defend, hold harmless, and indemnify the other as to any and all claims, judgments, liabilities or damages for injuries and damages directly arising out of each party's own performance under this Agreement, except to the extent such damage or expense is caused in whole or in part by the other party's negligence or willful misconduct. . IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year first written above. CITY OF SANTA ANA CITY OF GARDEN GROVE By: By: David N Ream, City Manager ATTEST: ATTEST: Maria D. Huizar By: Clerk of the Council RECOMMENDED FOR APPROVAL: Raul Godinez, Executive Director City of Santa Ana Public Works Agency APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney W U, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT AWARD FOR TRAFFIC SIGNAL INSTALLATIONS AND MODIFICATION AT THREE LOCATIONS (PROJECT NOS. 085018, 085019 AND 085020) v�L�u__,__ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Terno, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $478,196 for construction of traffic signal installations and modification at three locations. 2. Approve a Funding Analysis with a total estimated construction cost of $597,700. DISCUSSION This project provides for traffic signal installations on Hazard Avenue at Rosita Street and east of Gates Street, and traffic signal modification on McFadden Avenue at Newhope Street (Exhibit 1). Once completed these signal improvements will increase safety of motorists and pedestrians at these locations. The Notice Inviting Bids was advertised on February 1 and 3, 2010, and bids were opened on March 3, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 22 Contractors requesting bidding documents: 18 Bids received: 10 Bids received from Santa Ana Contractors: 0 23E -1 Contract Award For Traffic Signal Installations and Modification at Three Locations April 5, 2010 Page 2 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1. Terno, Inc. La Mirada $478,196 2. Steiny and Company, Inc. Baldwin Park $489,755 3. C.T. & F, Inc. Bell Gardens $499,998 4. California Professional Engineering S. El Monte $503,433 5. KDC, Inc. dba Dynalectric Los Alamitos $505,299 6. International Line Builders, Inc. Riverside $509,561 7. PTM General Engineering Services, Inc. Riverside $520,520 8. Christopher R. Morales, Inc. San Dimas $549,580 9. Lincoln Pacific Builders, Inc. Baldwin Park $558,540 10. DBX, Inc. Temecula $623,575 A total of ten bids were received and all were responsive. The lowest bid was submitted by Terno, Inc., for $478,196 which is below the Engineer's estimate of $657,825. ENVIRONMENTAL IMPACT Environmental Review Nos. 2008 -08, 2008 -10 and 2008 -06 have been completed. Categorical Exemptions were filed for these projects pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $597,700, for the project (Exhibit 2). Funds are available in the Traffic System Management Grant Fund (accounting unit 14817611- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Go ez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Mgmt. Services Agency RG /ET Exhibit 1: Project Location Map 2: Funding Analysis 23E -2 SANTA ANA CONTRACT AWARD FOR THREE TRAFFIC SIGNAL INSTALLATIONS City Council AND MODIFICATION AT THREE LOCATIONS P� WA Agenda Date (PROJECT NOS. 085018, 085019 AND 085020) POBLICWORKS AGENCY April 5, 2010 23E- XSIBIT 1 FUNDING ANALYSIS PROJECT NOS. 085018, 085019 and 085020 TRAFFIC SIGNAL INSTALLATIONS AND MODIFICATION AT THREE LOCATIONS Construction Contract $478,196 Contract Administration $25,000 Inspection and Testing $46,685 Contingencies $47,819 TOTAL ESTIMATED CONSTRUCTION COSTS 15aZ 700 Exhibit 2 23E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONTRACT AWARD FOR TRAFFIC SIGNAL INSTALLATIONS AND MODIFICATION AT FOUR LOCATIONS (PROJECT NOS. 085017, 085021, 085022, AND 085023) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Lincoln Pacific Builders, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $673,515 for construction of traffic signal installations and modification at four locations. 2. Approve a Funding Analysis with a total estimated construction cost of $841,900. DISCUSSION This project provides for traffic signal installations at the intersections of Willits and Sullivan Streets, Raitt Street and Glenwood Place, and Harbor Boulevard and Kent Street, and traffic signal modification at the intersection of Santa Ana Boulevard and Flower Street (Exhibit 1). Once completed these signal improvements will increase safety of motorists and pedestrians at these locations. The Notice Inviting Bids was advertised on February 1 and 3, 2010, and bids were opened on February 25, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: Contractors requesting bidding documents: Bids received: Bids received from Santa Ana Contractors: 23F -1 22 21 9 0 Contract Award For Traffic Signal Installations and Modification at Four Locations April 5, 2010 Page 2 A total of nine bids were received and all were responsive. The lowest bid was submitted by Lincoln Pacific Builders, Inc., for $673,515 which is below the Engineer's estimate of $1,099,658. ENVIRONMENTAL IMPACT Environmental Review Nos. 2008 -09, 2008 -07, 2008 -05 and 2008 -04 have been completed. Categorical Exemptions were filed for these projects pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $841,900, for the project (Exhibit 2). Funds are available in the Select Street Construction Fund (accounting unit 05917660 - 66220), the Measure M Street Construction Fund (accounting unit 03217660- 66220), the Federal Aid Safety Fund (accounting unit 14717611- 66220), and the Traffic System Management Grant Fund (accounting unit 14817611- 66220). Raul Godiff6z II Executive Director Public Works Agency RG /ET Exhibit 1: Project Location Map 2: Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 23F -2 CITY BID AMOUNT NAME OF RESPONSIVE BIDDER 1. Lincoln Pacific Builders, Inc. Baldwin Park $673,515 2. Christopher R. Morales, Inc San Dimas $729,900 3. California Professional Engineering S. El Monte $758,196 4. PTM General Engineering Services, Inc. Riverside $774,074 5. Steiny & Company, Inc. Baldwin Park $780,400 6. International Line Builders Riverside $791,848 7. Terno, Inc. La Mirada $825,056 8. DBX, Inc. Temecula $849,086 9. C. T. & F., Inc. Bell Gardens $1,479,624 A total of nine bids were received and all were responsive. The lowest bid was submitted by Lincoln Pacific Builders, Inc., for $673,515 which is below the Engineer's estimate of $1,099,658. ENVIRONMENTAL IMPACT Environmental Review Nos. 2008 -09, 2008 -07, 2008 -05 and 2008 -04 have been completed. Categorical Exemptions were filed for these projects pursuant to the California Environmental Quality Act. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $841,900, for the project (Exhibit 2). Funds are available in the Select Street Construction Fund (accounting unit 05917660 - 66220), the Measure M Street Construction Fund (accounting unit 03217660- 66220), the Federal Aid Safety Fund (accounting unit 14717611- 66220), and the Traffic System Management Grant Fund (accounting unit 14817611- 66220). Raul Godiff6z II Executive Director Public Works Agency RG /ET Exhibit 1: Project Location Map 2: Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 23F -2 Raitt & Glenwood Project 085021 CONTRACT AWARD FOR TRAFFIC SIGNAL INSTALLATIONS AND SANTA ANA City Council MODIFICATION AT FOUR LOCATIONS P .. � Agenda Date U= PUBLIC WORKS AGENCY April 5, 2010 (PROJECT NOS. 085017, 085021, 085022 AND 085023) FUNDING ANALYSIS PROJECT NOS. 085017, 085021, 085022 and 085023 TRAFFIC SIGNAL INSTALLATIONS AND MODIFICATION AT FOUR LOCATIONS Construction Contract $673,515 Contract Administration $36,034 Inspection and Testing $65,000 Contingencies $67,351 TOTAL ESTIMATED CONSTRUCTION COSTS 841 900 Exhibit 2 23F -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: SECOND AMENDMENT TO AGREEMENT WITH TETRA TECH, INC. FOR SAN LORENZO LIFT STATION DESIGN (PROJECT NO. 063510) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO �I��►l�1�1 i� 7 Authorize the City Manager and Clerk of the Council to execute the attached second amendment to the agreement with Tetra Tech, Inc. in the amount of $37,000 for a new contract amount of $309,000 for design of the San Lorenzo Sewer Lift Station. DISCUSSION On June 20, 2005, City Council awarded a contract to Tetra Tech, Inc. in the amount of $220,000 to design a new sewer lift station. This new facility will be located at the end of San Lorenzo Avenue, just east of the existing lift station on South Bristol (Exhibit 1). On May 1, 2006, City Council approved an amendment to the contract for a not to exceed amount of $47,000 to perform additional geotechnical investigation and analysis of possible soil contamination within the project area. Tetra Tech, Inc. completed the design in March 2009. This second amendment is for additional services requested by the City as follows: • Provide technical support as needed to prepare court mandated Environmental Impact Report (EIR). • Incorporate additional mitigation measures into the project plans and specifications as identified in the EIR. • Update electrical plans and specifications to incorporate code changes and resubmit for electrical permit. The negotiated fee of $37,000 for the additional scope of work is fair and reasonable and staff recommends Council approval of a second amendment to Tetra Tech's contract for a total not -to- exceed amount of $309,000. 25A -1 Second Amendment to Agreement With Tetra Tech, Inc. (Project No. 063510) April 5, 2010 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with amending this agreement. FISCAL IMPACT Funds for the agreement are budgeted in the Sewer Connection Projects activity of the Sewer Connection Fee Fund (accounting unit 05517660- 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Management Services Agency RG /SW /mz Exhibit 1: Location Map Exhibit 2: Second Amendment 25A -2 25A-4 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on April 5, 2010, by and between Tetra Tech, Inc., a Delaware 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- 2005 -142, dated June 20, 2005, (hereinafter "said Agreement ") by which Consultant has provided engineering and construction support services for the City's San Lorenzo Sewer Lift Station. B. By Amendment A- 2006 -107, dated May 1, 2006, the parties amended said Agreement to include additional services related to the preparation of the construction documents. C. The City is now commencing environmental review of the lift station project and desires that Consultant provide technical support in the preparation of the Environmental Impact Report, incorporate mitigation measures into the project plans and specifications as identified in the EIR, and update electrical plans and specifications to incorporate code changes since the commencement of the Project. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend said agreement to provide for additional services and compensation to pay for those 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 Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to read, in full, as follows: "Consultant shall prepare plans, specifications and cost estimates, and provide construction support services for improvements to the City's sewer lift station, as set forth in Consultant's Proposal, attached as Exhibit A to said Agreement. Consultant shall investigate and provide soil handling and disposal requirements to be incorporated into the construction documents for the Lift Station, as set forth in Exhibit A -1, attached hereto. Consultant shall provide technical support for preparation of the Environmental Impact Report and revise the Plans and Specifications to incorporate mitigation measures identified in the EIR and update electrical submittals, as detailed in 25A -5 Consultant's proposal attached as Exhibit A -2, attached hereto and incorporated by reference." 2. Section 2.a., COMPENSATION, shall be amended to provide that the compensation for services provided pursuant to this Second Amendment shall not exceed $37,000, as set forth in Exhibit A -2, attached hereto. The total amount to be expended pursuant to said Agreement, as amended, shall not exceed $309,000.00. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney l CITY OF SANTA ANA DAVID N. REAM City Manager TETRA TECH, INC. TOM EPPERSON, P.E Divisional Vice President EXHIBIT A -2 SCOPE OF SERVICES RELATED TO ENVIRONMENTAL REVIEW AND UPDATING ELECTRICAL DOCUMENTS 25A -7 OTETRA TECH EXHIBIT "A" San Lorenzo Sewage Lift Station Agreement No. A- 2005 -142 Additional Services Request BACKGROUND Tetra Tech has been working with the City on the San Lorenzo Sewage Lift Station Project since June 2005 under Consultant Agreement No. A -2005 -142. Amendment No. A- 2006 -107 was approved on May 2006 and provided for additional geotechnical services to handle hazardous materials and the preparation of renderings. The City approved an additional services request dated July 17'h, 2007 which provided for the following: additional structural modifications; additional plan check and permit effort; additional construction phase support due to the structural modifications; and delay in construction phase support (assumed construction would he completed by December 2009). Tetra Tech completed the plans and specifications in March 2009. The City of Santa Ana is now proceeding with the preparation of an EIR for the project. The City is requesting Tetra Tech to provide some assistance during the EIR process, as well as some additional work on the Plans and Specifications. By this correspondence, Tetra Tech is requesting the City increase the approved budget to compensate us for these additional services. ADDITIONAL SERVICES Task No. 1: EIR Assistance. Tetra Tech will provide assistance to the City's environmental firm (T &B Planning) with the preparation of the EIR. The total time frame including public review periods is estimated to be ten (10) months. We have assumed the following level of effort on a monthly average will be required: one (1) hour of a Senior Project Manager (Tom Epperson) and one (1) hour of a Project Manager/Engineer (Mark Bush) for the ten (10) month duration. In addition, Tetra Tech will provide written responses to all public comments on engineering issues. We are requesting a budget of $8,700 for this additional service. Task No. 2: Attend EIR Meetings. We are assuming that Tetra Tech will be requested to attend three (3) meetings with T &B to discuss the project and respond to specific items of concern (project overview meeting; meeting to discuss major issues: and meeting to discuss response to public comments). We are requesting a budget of $2,100 for this additional service. Task No. 3: Estimate Construction Durations for Various Stages of Construction. Tetra Tech will provide estimate of construction duration for the various stages of construction (i.e.: excavation of wet well and dry pit; construction of underground portion of lift station; permanent westbound lane closure on Segerstrom Ave.; construction of above ground portion of building; construction of gravity sewers and force main: and demolition of old lift station). We are requesting budget of $1,700 for this additional service. 16'24' La a ^•ti Canyon .7,o ud. J:E ti: 20,0. 1-o ._, i..FY4 32618 9 727 71,; z 94`x.7 %! , POW W,klffqe� J OTETRA TECH Exhibit "A" San Lorenzo Sewage Lift Station — Additional Services Request Page 2 Task No. 4: Estimate Truck/Equipment For Various Stages of Construction. Tetra Tech will provide estimate of the number and types of vehicles/equipment required for the various stages of construction. We are requesting a budget of $1,400 for this additional service. Task No. S: Respond to Request for Additional Information. Tetra Tech will provide additional information as requested on construction methods, odor control system, etc. This is in addition to the normal question/answers included in Task No. 1. We are requesting a budget of $3,800 for this additional service. Task No. 6: Update Electrical Plans and Resubmit for Electrical Permit. Tetra Tech will update the electrical plans to incorporate any code changes and resubmit for electrical permit. The electrical plans were completed based on California Code 2007. The comments from the first electrical plan check comments were already taken care of. Therefore, the level of effort to perform the updates should be minimal. We are assuming the major change that may be required will be performing the Title 24 energy calculations. We are requesting a budget of $6,200 for this additional service. Task No. 7. Incorporate Mitigation Measures into Plans and Specifications. Tetra Tech will revise the project plans, specifications and cost estimate to incorporate any additional mitigation measures identified in the final EIR. We are requesting a budget of $1,500 for this additional service. Task No. 8: Preliminary Layout and Cost to Move Building. Tetra Tech was requested to prepare a preliminary layout and construction cost estimate to move the building out of the existing adjacent property. This work was performed to assist the City in the acquisition of the proposed easement. We are requesting our budget be increased by $4,000 to compensate us for this additional work. Task No. 9: Update Specifications due to Delay. The EIR process will be delaying the completion of the plans and specifications until at least January 2011. This is a two year delay from the date of the previously signed plans and specifications. Tetra Tech will need to confirm the manufacturer/ equipment specifications to make sure the equipment model /type specified is still available and appropriate. We are requesting a budget of $2,000 for this additional service. Task No. 10. Delay in Construction Phase Support. The original proposal assumed construction would be completed by June 2007. Our July 17`b, 2007 approved extra increased our budget for construction phase support assuming would be completed by December 2009. Based on the estimated schedule of completing the EIR by early 2011, we are estimating that construction of the project will not be completed until end of 2012. This additional three year delay will impact the assumed cost to perform the construction support services. Our current approved Construction Phase Support budget is $47,400 (original proposal amount of $43,100 and additional $4,300 per July l7`'', 2007 approved extra). We are requesting a 12% increase in the construction phase support to compensate Tetra Tech for this three year delay, or an increase of $5,600. With this increase, our Construction Phase Support Budget will be $53.000. OTETRATEGH Exhibit "A" San Lorenzo Sewage Lift Station — Additional Services Request Page 3 SUMMARY Tetra Tech will provide the additional services described above on an hourly basis with the following total not -to- exceed amount: In summary, we are requesting the City approve the above increase in our budget for the project. The revised not -to- exceed authorization budget for the San Lorenzo Sewage Lift Station will be increased from $262,250 (original amount of $220,000 plus $19,250 for Amendment No. 1 plus $23,00 for July 17`h, 2007 extra) to $299,250. 25A -10 i EIR Assistance $ 8.700 2 Attend EIR Meetings $ 2,100 3 Estimate Construction Durations $ 1,700 4 Estimate Trunck/Equipment $ 1,400 5 Respond to Request for Additional Information $ 3,800 6 Update Electrical Plans & Resubmit for Electrical Permit $ 6,200 7 Incorporate Mitigation Measures $ 1,500 8 Preliminary Layout and Cost to Move Building $ 4,000 9 Update Specifications due to Delay $ 2,000 10 Delay In Construction Phase Support 5 600 Total Not - Exceed Amount $ 37,000 In summary, we are requesting the City approve the above increase in our budget for the project. The revised not -to- exceed authorization budget for the San Lorenzo Sewage Lift Station will be increased from $262,250 (original amount of $220,000 plus $19,250 for Amendment No. 1 plus $23,00 for July 17`h, 2007 extra) to $299,250. 25A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: YOUTH SERVICE NAVIGATOR MEMORANDUM OF UNDERSTANDING AMENDMENT 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 CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to the Memorandum of Understanding between the Santa Ana Workforce Investment Board/Youth Council and the Santa Ana WORK Center/Youth Service Provider Navigator. WORKFORCE INVESTMENT BOARD ACTION At its regularly scheduled meeting of March 12, 2010, by a vote of 20:0 (Claudio, Conway, De Leon, Lewis, Maldonado, Metzler, Pina, Ruiz, Saldivar, Solkamans absent) the Workforce Investment Board: 1. Recommended to increase funding by $40,000 for the Youth Service Navigator Program Year 2009 -10 from unobligated youth funds and 2. Recommended that the City Council amend the Memorandum of Understanding between the Santa Ana Workforce Investment Board/Youth Council and the Santa Ana WORK Center/Youth Service Provider Navigator. DISCUSSION On June 1, 2009 the City Council approved an extension of the term of the Memorandum of Understanding (MOU) with the Santa Ana WORK Center/Youth Service Program Navigator through June 30, 2010. The Youth Service Navigator assumes the responsibility of determining Workforce Investment Act (WIA) youth eligibility for WIA funded programs and services, provides technical assistance to youth service providers, shares best practice in case management, placement, exit, and follow -up services. In addition the Youth Service Navigator ensures the completion and accuracy of all required forms and documentation, works cooperatively with all youth service providers from the initial outreach, recruitment, and intake process to the 25B -1 Youth Service Navigator MOU Amendment April 5, 2010 Page 2 successful completion, exiting, and follow -up of all WIA youth enrolled in the Youth Service Provider Network (YSPN). The procurement process for Program Year (PY) 2009 -10 resulted in the award $721,915 of funding to six existing youth service providers to serve 104 Santa Ana low- income youth. A second procurement for PY 2009 -10 awarded $183,392 to two new youth service providers to serve 36 Santa Ana low- income youth. It also increased the amount of funding by $288,984 for two existing providers to run a green construction program serving 20 Santa Ana low- income youth. This brings the total award amount for PY 2009 -10 to $1,194,292 to eight youth service providers to serve approximately 160 youth. The initial Navigator budget was based on the first procurement and did not include the two additional youth service providers and the green construction program. New youth service providers require more training and technical assistance than do youth service providers who have had previous WIA experience. Additionally, the Santa Ana WORK Center was awarded a Green Job Corps grant for $84,410 in collaboration with the Orange County Workforce Investment Board and the Anaheim Workforce Investment Board. This grant will serve 28 Santa Ana low- income youth and has been assigned to the Youth Service Navigator staff. No funding for staff salaries is provided through this grant. This recommendation to authorize an increase in the budget will allow the Youth Service Navigator to cover expanded YSPN activities by allocating additional staff time to provide technical assistance and training to the new service providers and to oversee the Green Job Corps Program. FISCAL IMPACT No fiscal impact associated with this item. Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN /LS /DS /sv Exhibits 1. MOU Amendment AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE SANTA ANA WORICFORCE INVESTME, NT BOARD/YOUTH COUNCIL AND THE SANTA ANA W /O /R /IC CENTER/ YOUTH SERVICE PROVIDER NAVIGATOR This Amendment to the Memorandum of Understanding is entered this J day of April 2010, by and between the Santa Ana Workforce Investment Board ( "W1B ") /Santa Ana Youth Council and the Santa Ana W /O/R/K Center ( "Provider ") acting in its capacity as the Youth Service provider Navigator. RECXTA &S A. The City.and Provider entered into that certain Memorandum of Understanding dated July 1, 2009, hereinafter referred to as "said Agreement ", for the Santa Ana W /O /R /K Center to act as the "Service Navigator" for all WIA youth services, and its eligible participants. The Service Navigator's function within the Youth Service Provider Network is to coordinate services in a manner that eliminates bureaucracy from the participating providers. B. The patties hereto now desire to amend the "Budget" attached as Exhibits C and D to said Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 5 of said Agreement regaining Budget shall be amended as follows: "BUDOET: The W /O /WK Center acting as the " Provider", sliall provide all of the services discussed herein its well as those set forth in Exhibit A, for the monetary amount set forth in its updated and revised Budget attached hereto as Exhibit C -1 and D -1." 2, Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in frill force and effect. /// N �1, Exhibit 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Memorandum of Understanding the (late and year first above written. ATTEST; Maria D. Huizar Clerk of the Council APPROVED AS TO FORM; Joseph W. Fletcher, City Attorney Bv; Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Cynthia J. Nelson, Deputy City Manager For Development Services CITY OF SANTA ANA David N. Ream City Manager Santa Ana Workforce Investment Board Lee McMurtray WIB Chairman 25B -4 _ ligi IityPro ocol` j1 ( i u �,{ }it,��c.z,.� �,s. t f� �i7 ir•r1 {i��l�7P�i �li�i! �t{ ��i ;tiifU7eA�q�.iNijr�'` °A 4fi��eS Y'5 - y.:.,.:u;,ks..inix.. 5 S..,uX.,.•,: -- CC_`'.;'Praiwf`_` .:'':`i1�'',sa'�ifcaCir' FQrms F t y y *. -'� � c'y �� q-- _t -'��`• ����: Ci�1��7�' f1C }x3J�XE�II�i, _.,t'�i.ty ^� t:.3v.�"ui�#La,tf�:s,�.t- .i`-.? 2` ariipan� In `Tako s' � - Set i S ah'�;rsbtY�'Y?'t9�1 s,� k, a• - � , k ?= ' 2! T- •,� �a � crb � � zt'f -.iv. F'�..;1...+�f..[<. '- �`.vifi .� 1�w jSu ' ligibili YJ- act <e�$.t SAWC` r�- �'� .. ")�L ,ac.,1 Yz -T ;`�• stt -Fi �e F:,F ,i A�x?c`.- •'.�d1�3,?.. %� ,, >i -� .F �� ;u.`,sF:_� f'_... c 1 S" _.,,�:.< : '•A��._��s:�u s f sravuC Derminbs;lig�ibiliy if-f, fl '' { °, 361 })bi 3v+ � � �.[i'ca.S:�..laa+.a : '�.'3�4����3�f:`•�� ••' -'�` —� R vievu Youth Admtigs �} 1r S�%s ta��pic�1i�11t1! 7 Irx�l► #i ?���ia3ittZ�t�cz Y�k� = F �E''�r�.�:- ;»�- k�t�,?x �:w{•t. �E ?c�sd,`. ?mot �� T , *k <.,: R viSe'�nd Record MiS o..rr� $' 4q tv i (1a1 I1 !lbl}k�J� ��J })i'fFC'C fps 1 ; al. { Lt?" 3.(...,_,T:u.. Sign and Subrr�i�`MI,Sorm. 12t- .: -b �2��r�;#�1a.,� nrolln�n fi h z tvt� ls.tk,1T?Ytilf�f�)2i��e� {�3� km',g3�i������� #���'� I.�Flksik:aw...w::,�:.th r``••.� _. .,•:AS;:..z�>~��al�ix.�ni'3��.t L�i�°i:.5.t�rfw'�..urt.$ •R.�k' D.I`-s ru -0ti, f.^ SF,_,,V >,r_ ,fi.,t,A....�� ��.2 Y� .s:__ .•[ ...7.2. �z � .. ar.._. r....�,^s.33_.rr:',.�.w,��_:.�. � /�,, s f tie.. r .'tY ah,.+ vn -,. z..;•,.. � �a, f IS ? ?.+ 't -.+ �� Ref�renc�; lc Youth Navigator Budget Fiscal Year 200910 Salaries $175,790.00 Benefits $52,998.00 Total Personnel Costs: $228,788.00 Operations: Communications $2,670.00 Training & Travel $1,672.00 Office Rent $15,352.00 Office Supplies $1,398.00 Office Operations $10,820.00 Total Operations Costs: $31,912.00 Indirect Costs $10,385.00 Supportive Services $1,000.00 Total Youth Navigator Budget: $272,085.00 Attachment C .J YOUTI•I SERVICE NAVIGATOR BUDGET 09 -10 NARRA'T'IVE Salaries Salaries of $175,790 for fiscal year 09 -10 are based on staffing of 2.45 FTE. Due to the fiscal constraints facing the City, the scheduled salary increases may not occur pending the outcome of negotiations with the various unions and the City. The proposed salaries include a 4% increase as of July 1, 2009 and a 2.5% increase as of January 1, 2010. Tire salary figure also includes the 8% PERS employee portion paid by the City of Santa Ana as a retirement benefit. Staff includes: Workforce Specialist III 1.5 FTE Workforce Specialist II 1.O FTE Sr. Office Assistant 0.15 FTE Economic Develop Mgr 0.05 FTE Belle,fits Benefits of $52,998 are based on the following information: PERS contribution of 8.4% of base salary Medicare contribution of 1.45% of base salary Medical retirement contribution of 1.75% of base salary Workers compensation contribution of 1.04% of base salary Health benefits increased approximately 5% from 08 -098 to 098 -10 Ql�eations: Contractual services are office overhead costs, which include but are not limited to telephone costs, office rent, training and conference costs, advertising, and contractual obligations. Office Sunolies Operating materials and supplies are based on usage for fiscal year 2008 -09 and include printing, meeting expenses, mileage, postage, etc. 23 Attachment: D 25B -7 Fixed Charges Fixed charges, which include City Equipment Rental, Insurance, IS Strategic Plan and IT Support, are assessed by the City of Santa Ana and the Community Dovelopment Agency. Charges are allocated based on staff costs and usage. Indirect costs are 5.92% of the full time salaries and are budgeted at $10,385 for fiscal year 2009.10. Miscellaneous Supportive services are budgeted at $1,000 for the service navigator. Service providers budget supportive services for their participants in their individual budgets. 24 Attachment D - •7 •� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: AGREEMENT TO INSTALL FIRE ALARM SYSTEM AT SANTA ANA REGIONAL TRANSPORTATION CENTER J CITY MANAGER RECOMMENDED ACTION 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 Authorize the City Manager and the Clerk of the Council to execute the attached agreement with SimplexGrinnell for the installation of a fire alarm system at the Santa Ana Regional Transportation Center in the amount of $169,709, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve a Funding Analysis with a total estimated construction cost of $169,709. DISCUSSION The Santa Ana Regional Transportation Center is a transportation hub, combining Amtrak, MetroLink, Orange County Transit Authority and other bus services with office space for various state, county and city departments. Patronage at the facility has escalated in recent years to over a million persons annually. The train station is in need of a fire alarm system to bring the facility in compliance with state requirements. In November 2008, the State of California Employment Development Department's Equal Employment Opportunity (EEO) Office completed review of the Santa Ana Work Center offices and noted the need for a visible and audible fire alarm system in the facility. In response to this report, a request for proposals (RFP) was issued in December 2009 for installation of a fire alarm system, which will meet ADA requirements. The RFP was posted on the city website for approximately forty -two days. Two proposals were received and evaluated by staff. A summary of offers received is as follows: FIRM FEE SimplexGrinnell $154,281 Edwards Systems Technology $158,463 25C -1 Agreement to Install Fire Alarm System at SARTC April 5, 2010 Page 2 Bids were received and opened on January 20, 2010 and evaluated based on specifications and pricing. Based on the information provided, the two firms that submitted proposals included comparable scopes of work and both are qualified to install the fire alarm system. The bid received by SimplexGrinnell is the lowest bid, responsive to the specifications and meets the City's requirements. ENVIRONMENTAL IMPACT A Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The funding analysis shows a total estimated cost of $169,709. Funds are available in the Community Development Block Grant — Other Contractual Services account (no. 1351878366220 -07750901011). As��le v� Raul Go Inez II Executive Director Public Works Agency Cyn hia J. Nelsofi Deputy City Manager for Development Services Community Development Agency CJN /GL /kg Exhibit 1: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25C -2 CONTRACTOR AGREEMENT INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this 5t' day of April, 2010 by and between SimplexGrinnell LP (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 ( "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of the provision and installation of a fire alarm system in order to gain compliance with the Technical Assistance Review Report (TARR) issued by and through the State of California Employment Development Department's Equal Employment Opportunity Office. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the Contractor for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG Reg's"); and C. Contractor represents that Contractor is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Reg's. D. 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 and install a visible and audible fire alarm system at the Santa Ana Regional Transportation Intermodal Center in order to meet comply with the TARR pursuant to the Proposal and Plans, dated December 10, 2009, submitted by Contractor, attached hereto and incorporated herein as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The contract amount for the services shall be One 1 Exhibit 1 25C -3 Hundred Fifty Four Thousand Two Hundred Eighty One Dollars ($154,281) with a 10% contingency of Fifteen Thousand Four Hundred Twenty Eight Dollars ($15,428) for approved and documented required and necessary work, subject to prior approval of the Deputy City Manager. b. The total sum to be expended under this Agreement shall not exceed One Hundred Sixty Nine Thousand Seven Hundred Nine Dollars ($169,709.00) during the term of this Agreement. c. 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. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2010, unless terminated earlier in accordance with Section 9, below. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services 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, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, Exhibit 1 25C -4 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 attached hereto as Exhibit B 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. 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 cancelled 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 effect 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. 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, 3 Exhibit 1 25C -5 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 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. CONTRACTOR'S OBLIGATIONS A. No Conflict. To the best of Contractor's knowledge, Contractor's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Contractor is a party or by which it is bound. B. No Bankruptcy. Contractor is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Proceedings/Debarment. Contractor is not the subject of a current or threatened litigation that would or may materially affect Contractor's performance under this Agreement. Contractor further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Contractor is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Contractor agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Contractor shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Contractor's operations hereunder. F. Audit Report Requirements. Contractor agrees that if Contractor receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, Contractor shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Contractor shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. 4 Exhibit 1 25C -6 G. Record Keeping/Reporting. Contractor shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and /or their representatives shall have access for purposes of monitoring, auditing, and examining Contractor's activities and performance, to books, documents and papers, and the right to examine records of Contractor's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Contractor are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Contractor and all documents related to this Agreement shall be maintained and kept available at Contractor's office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of an audit in conformity with the CDBG Reg's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Contractor does not make the above - referenced documents available within the city of Santa Ana, California, Contractor agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Contractor shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Contractor shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Contractor, costs incurred and services rendered hereunder. K. Lobbying. Contractor certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Contractor shall sign a certification to that effect in a form as set forth in Exhibit C attached hereto and by this reference incorporated herein. Contractor shall submit said signed certification to City prior to performing any of its obligations under this Agreement and prior 5 Exhibit 1 25C -7 to any obligation arising on the part of City to pay any sums to Contractor under the terms and conditions of this 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, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Contractor agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City- assisted activity of Contractor, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee agent, Contractor, officer, or elected or appointed official of City, or of any designated public agency, or the Contractor. M. Drug Free Workplace. Contractor certifies that it has established the following drug - free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Contractor will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Contractor and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required 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. 6 Exhibit 1 25C -8 N. Nondiscrimination. Contractor agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. O. Conflict of Interest. Contractor agrees that no officer, employee, agent or assignee of City who was involved in the sale of said property, either directly or indirectly, shall serve as an officer of Contractor. Further, any conflict or potential conflict of interest of any officer of Contractor shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Contractor to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Contractor agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Contractor. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister - in -law, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 8. ASSIGNABILITY None of the duties of, or work to be performed by, Contractor under this Agreement shall be subcontracted or assigned to any agency, Contractor, or person without the prior written consent of City. Contractor must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Contractor pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Contractor shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Contractor of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, Contractor shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Contractor defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by 7 Exhibit 1 25C -9 written notice to Contractor, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. VENUE /JURISDICTION 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. 11. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the 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: Deputy City Manager for Development Services City of Santa Ana Exhibit 1 25C -10 City Attorney To Contractor: 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 -1988 telefacsimile (714) 647 -6549 City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 SimplexGrinnell 1701 W. Sequoia Ave. Orange, CA 92868 (714) 870 -1010 (x636) 13. 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 Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. Exhibit 1 25C -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar City Clerk APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney an Lisa Storck Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONTRACTOR SimplexGrinnell LP By: Stephanie Rheaume Service Manager Tax ID# 10 25C -12 Exhibit 1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: FIRE RESPONSE MANAGEMENT SYSTEM ANNUAL MAINTENANCE PAYMENT CITY MANAGER CLERK OF COUNCIL USE ONLY: I_N» ii0:1%, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Tiburon, Inc. in the amount of $14,405 for annual maintenance on the Fire Department's response management system software, subject to non - substantive changes approved by the City Manager and City Attorney DISCUSSION The Fire Department uses response management software, called 24/7. This program controls the department's incident reporting system and interfaces with the department's staffing software and the computer aided dispatch system. Tiburon provides annual maintenance on this proprietary software. Payment of $14,405 for the current maintenance period is now due. The combination of last year's payment and the current due payment places the aggregate amount over the $25,000 limit in a single fiscal year. FISCAL IMPACT Funds are available in the Fire Department's Fire Information Technology, Contract Services — Professional account (activity unit 0111534062300). (it/LQiLG� Marc Martin Fire Chief Fire Department Exhibit: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D -1 25D -2 FIRST AMENDMEV "I' TO .AGREEMENT THIS FIRST ANIE \DME \T TO .AGREEMENT is entered into on Niarch 15. 20 1 by and between the Cite of Santa Ana. a charter city and municipal corporation or,anized and existi111-1 under the Constitution and laws of the State of California (the "Client") and Tiburon, Inc., a � irginia corporation with its principle place of business at 6200 Stoncridge wall Road. Suite 400. Pleasanton, California. 9458S (hereinafter. "'I ihuron "). RECITALS.- A. Fhe parties entered into Agreement -r\- 2009 -146, dated March 15. 2009, (hereinafter said Agreement ") b% \v hich Tiburon has provided support services relating to the Fire Departments Response Management System. B. in accordance �yith the terms and conditions of said Agreement, the parties xyish to rene�� the Tern of the Agreement for an additional one -year period. The parties also �vish to set forth the compensation payable to Tiburon for the performance of the sen ices. %WHEREFORE, in consideration of the covenants contained in said A_reement, as amended, and subject to all the terms and conditions of said amended Agreement. except those amended in this First :amendment to agreement, the parties agree as follovys: 1. Section I. "Terni" shall be amended as follows: The first sentence of the paragraph stating "I'he term of this agreement shall commence on the Effective Date and shall be in effect for a period of one (1) year" shall be deleted and replaced with the follo�\ ing sentence: "The Term of this agreement. as amended. shall be from 12 :01 a.m. on March I -5, 2010 to 11:59 p.m. on March 14. 2011.- The remainder of the paragraph steal I remain unchan-ed Exhibit 2 of the original agreement shall be replaced with a nervy Exhibit 2. Xvhich is attached hereto. All references in the Ayareement to Exhibit 2 \\ ill now be to the new Exhibit 2 as attached hereto. 3. Except as hereinaboye amended, all terms and conditions of said Agreement shall remain in full force and effect. 25D -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of,the council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph Straka Assistant City Attorney RECOMMENDED FOR APPROVAL: MARC MARTIN Fire Chief CITY OF SANTA ANA DAVID N. REAM City Manager Tiburon, Inc. —4( Name: Title: 25D-4 EXHIBIT 2 To Master Support Agreement COVERED APPLICATIONS This exhibit is attached to, incorporated into, and forms a part of the Agreement, dated March 15, 2009, between Tiburon and the Client In the event of conflict between the terms and conditions set forth herein and those set forth in the Agreement, the terms and conditions set forth in the Agreement shall prevail. Tiburon will provide the Basic Support described in Section 2.1 : (Basic Support) of the Agreement for the software applications identified in the table below. The annual fee for such support shall be as set forth in the table below. Such support will commence upon the expiration of any applicable Warranty Period as set forth in the table below. CLIENT# M1301 -10 Covered Application Hours 24x7 or 8 Authorized Site Make, Model, Serial; Number of Authorize Server Period Maintenance Period Start Date Stop Date Annual Fee 24 Seven 8X5 120 W. Deii Power -Edge 12 Mo 3/151/10 3/14/011 $10,454 Incident System Walnut 6600. SN: #79LYD41 NFIRS & Street. Workstations Santa Ana, Calif. 92701 Telestaff 8x5 120 W Dell Power -Edge 12 Mo 3115/10 3!14/011 $122 Interface Wainu, 6600. SN: #79LYD41 Street. Santa Ana. Calif, 92701 CAD Adaptor 8x5 120 W. Dell Power -Edge 12 Mo 3/15110 3/14/011 $3,829 Interface Walnut 6600. SN: #79LYD41 Street, Santa Ana, Calif. 92701 -- -- ----- Total - - - - -- $14,405 2010 pate 1 of 1 .taster Support Agreement Lxhihit 2. Covered :applications 25D -5 o FENCE CENTENNIAL PARK GODINEZ HIGH SCHOOL JOINT USE COMMITTEE SAUSD/CITY COUNCIL COMMITTEE REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT AMENDMENT WITH SANTA ❑ As Recommended ANA UNIFIED SCHOOL DISTRICT 171 Amended El O Or rdinance on 15t Reading AMENDING JOINT USE FEES AND ❑ Ordinance on 2"d Reading PROVIDING FOR A HOME RUN FENCE ❑ Implementing Resolution ❑ Set Public Hearing For_ Z CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with the Santa Ana Unified School District, subject to non - substantive changes approved by the City Manager and City Attorney, to modify the schedule of joint use fees and provide for a homerun fence on Hector Godinez High School joint use baseball fields during the high school baseball season. DISCUSSION The City was informed by the Santa Ana Unified School District last year that they would like to install a homerun fence at each of the two Hector Godinez High School joint use baseball fields in order to enhance player safety. During Godinez High baseball games, several player injuries have occurred due to the lack of a home run outfield fence. This request was discussed at the May 20, 2009 Board of Recreation and Parks and an approved recommendation was made to install the homerun fence on the two Hector Godinez baseball fields. This request was then discussed at the Joint District/City Policy meeting of October 21, 2009, with Council Member Martinez, Sarmiento, and Tinajero attending. Staff then met with the Windsor Village, Valley Adams, and Centennial Park Neighborhood Associations to discuss the issue and answer questions. As a result, the City and the District staff are proposing the attached agreement amendment that would modify the Hector Godinez Joint Use Agreement to provide for a homerun fence during the baseball season on the joint use baseball fields. Both outfield fences will be designed to be removed when not in use. The fences shall be limited to six feet in height extending only from one foul line to the other and exact location and design of the fences shall be subject to the approval of the City's Executive Director of Parks and Recreation (Exhibit 1). 25E -1 Agreement Amendment with SAUSD April 5, 2010 Page 2 In addition, the amendment will modify the schedule of joint use fees currently paid by the City. The amendment stipulates that the City will no longer have to pay District reservation fees and light fees for the use of Godinez joint -use recreational facilities for City organized programs, which will result in cost savings for the City. In addition, the City and the District have agreed administratively to the following conditions: • No more Centennial Park carnivals at the northeast corner of the park in order to prevent negative parking impacts on the surrounding neighborhoods • The School District will install signs in Centennial Park giving directions to the Godinez High School parking structure • The District will no longer have to pay the City reservation fees when they use Godinez joint -use recreation facilities as a form of reciprocation for the City no longer paying District reservation fees and light fees for the use of these facilities The carnival and parking signs were as a result of the feedback received from the neighborhood adjacent to the park. The loss of revenue from the carnivals will be recovered from the City no longer having to pay for the use of Godinez joint facilities. The neighborhood also suggested the construction of sidewalks on the Edinger Bridge over the Santa Ana River. The cost estimate for this project is $672,012. Staff will pursue identifying funding opportunities to consider implementing this project in the future as funds become available. FISCAL IMPACT Staff estimates an annual cost savings of $10,000 — $18,000 in the Recreation Other Contract Services account (no.01113230 62300). Gerardo Mouet, Executive Director Parks, Rec. and Corr Svcs. APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency Exhibit 1: Aerial Look of Home Run Fence Concept on Godinez High School Baseball Diamonds 25E -2 RON.: 25E -4 Recorded is Requested by, and when recorded, please mail to: Clerk of the Council City of Santa Ana P.O. Box 1988 (M- 30) Santa Ana, California 92702 Above This Line for Recorder's Office NO FEE: GOVERNMENT CODE SECTION 6103 FIRST AMENDMENT TO JOINT USE AGREEMENT AND COVENANT BY AND BETWEEN SANTA ANA UNIFIED SCHOOL DISTRICT AND THE CITY OF SANTA ANA THIS First Amendment to Joint Use Covenant and Agreement ( "AMENDMENT ") is dated as of this day of , 2010, by and between the Santa Ana Unified School District ( "District "), a public school district duly organized and existing under the laws of the state of California, and the City of Santa Ana. ( "City "), a charter city and municipal corporation duly organized and existing under the constitution and laws of the state of California. RECITALS: WHEREAS, the City owns and operates Centennial Park; and, WHEREAS, the City acquired Centennial Park from the U.S. Government subject to the condition that it forever be dedicated and set aside for recreational purposes (the "Federal Use Restrictions "); and, WHEREAS, District and City entered into that certain Ground Lease and Option Agreement dated June 2002 (the "Lease ") by which the City leased approximately 18.84 acres of Centennial Park to the District on which the District constructed and operates a performing arts center and athletic facilities (the "Joint Use Property") as part of Hector Godinez High School; and, WHEREAS, concurrent with approval of the Lease, the City and the District entered into that certain Joint Use and Covenant dated June 2, 2002 (the "Joint Use Agreement ") to make use of the Joint Use Facilities to maximize the beneficial use of the land and facilities for the entire community and in furtherance of the Federal Use Restrictions. WHEREAS, the District has sought the consent of the City to make certain physical modifications to the Joint Use Facilities which requires amendment to provisions of the Joint Use Agreement. WHEREAS, the City is willing to approve those amendments in exchange for changes to fiscal provisions of Joint Use Agreement to enhance City scheduling of Joint Use Facilities. 25E -5 WHEREFORE, in consideration of the covenants contained in the Lease Agreement and the Joint Use Agreement, and subject to all the terms and conditions of said Joint Use Agreement, the parties agree as follows: 1. SECTION 8. is hereby amended to read as follows: "8. CITY CONTRIBUTION FOR CUSTODIAL, UTILITY AND MAINTENANCE The District and the City understand and agree that a material aspect of the City's consideration for agreeing to convey the land for the High School is obtaining the perpetual right to use the Joint Use Facilities for City programming purposes. The District and the City also understand and agree that it is impracticable to accurately calculate the incremental costs (if any) to the District to permit the City usages contemplated herein, particularly taking into consideration the potential for other community uses (without contribution to costs) if the City rights were not exercised. Therefore, the parties hereby agree that the City's obligation to contribute to the District's costs for custodial, utility and maintenance expense will be limited to the following, recognizing that such contribution may or may not fully compensate the District for its actual incremental costs attributable to the City's exercise of its rights hereunder. A. The City shall reimburse the District on a monthly basis (or as otherwise agreed by the Technical Advisory Committee) for a pro rata share of actual electrical utility costs incurred by the District attributable to the times that the City uses the Joint Use Facilities. Where feasible, the District shall install separate metering technology to measure City use vs. District use. Otherwise, the pro rata share shall be established from time to time by the Technical Advisory Committee based upon actual usage by the City and actual electrical utility costs incurred by the District. B. The City shall reimburse the District annually for its pro rata share of cost of reseeding and repair of the Athletic Fields. The City's contribution to these costs shall be based on a calculated estimate of the percentage of active use of the fields by the City compared to active use by the District, multiplied by the actual cost incurred by the District. C. As its contribution to regular custodial services expense for use of all Joint Use Facilities, the City shall pay to the District, for each third -party operated fee based program scheduled through the City's reservation system, $1.00 for each registered participant plus a payment of $10.00 per day per facility used (e.g. $10 .00 each for use of the auditorium, the band room, athletic field, gymnasium, and/or a classroom.)" 2. SECTION 11. is hereby amended to read as follows: "11. RESTRICTIONS ON FENCING. A. Except as provided in B, below, the Athletic Fields and hard courts shall not be fenced off from the remainder of Centennial Park so as to maximize the joint use potential of the facilities. The design of the other Joint Use Facilities shall ensure reasonable access from the City's facilities in Centennial Park without access through the school campus." 25E -6 B. The restrictions in A, above, shall not prohibit the District from constructing and maintaining fencing necessary to establish an outfield barrier for each of the two baseball fields to be in place only during the high school baseball season. The fences shall be composed of chain link, shall not exceed six (6) feet in height, shall be limited to extending only from one from one foul line to the other, and shall be designed to be removed when not in use. There shall be no fences along the foul lines except for foul ball protective fences from home plate to the outer edge of the infield. The exact location and design of the fences permitted by this paragraph shall be subject to the reasonable approval of the City's Executive Director of Parks and Recreation. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this AGREEMENT has been duly approved by both DISTRICT and CITY. Santa Ana Unified School District, Jane Russo Superintendent Audrey Yamagata -Noji, Ph.D President of the Board Attest: Josh Alfredo Hernandez, J.D. Clerk of the Board Approved as to Form: Name: District Legal Counsel City of Santa Ana David N. Ream City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Form: Joseph W. Fletcher City Attorney Rl 25E -7 25E -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 05, 2010 TITLE: ALLOCATION OF FY 2010 -2011 EMERGENCY SHELTER GRANT FUNDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Approve the proposed FY 2010 -2011 Emergency Shelter Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development (HUD) for the City's fiscal year 2010 -2011 allocation of Emergency Shelter Grant funds and execute the grant agreement with HUD. 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with non - profit agencies and /or sub - recipients awarded funds as part of the approved program. DISCUSSION In July 2010, the City of Santa Ana will be awarded Emergency Shelter Grant (ESG) funds by HUD. These funds are made available to states, counties and municipalities to support emergency shelter programs for the homeless. Eligible uses include renovation of emergency shelter facilities, essential services to the homeless (e.g., food and health care), and homeless prevention. A maximum of thirty percent of the total grant may be used for essential services and thirty percent for homeless prevention. Since fiscal year 1987 -1988, the City has actively participated in the ESG program to provide funding to the homeless service organizations. In October 2009, a Notice of Funding Availability was mailed to 48 non- profit providers soliciting applications for FY 2010 -2011 grant funding. Thirteen service agencies responded with funding requests totaling $460,500. Proposals predominately sought funds to offset program administration, homeless prevention, maintenance and operating costs. 25F -1 Allocation of FY 2010 -11 ESG Funds April 05, 2010 Page 2 On January 13, 2010, an ad hoc committee (comprised of two commissioners from the Community Redevelopment and Housing Commission, one representative from the Orange County's Community Services department and one City staff) conducted applicant interviews to rate and rank the proposals using the following criteria: 1) community need, 2) capacity to provide service, and 3) effective and efficient use of funds. A list of the agencies submitting proposals, the evaluation panel rating, the grant amount for the present year, the requested amount of funding for FY 2010 -2011, and the recommended funding for FY 2010 -2011 is provided in Exhibit 1. One of the recommended proposals will fund homeless prevention programs, and twelve will fund essential services and operations. All thirteen proposals are being recommended for funding as follows: ORGANIZATION RECOMMENDATION Human Options $ 18,000 Interval House $ 24,000 Laura's House $ 10,500 Legal Aid $ 9,000 Mercy House - Center $ 35,000 Mercy House - Emergency Shelter $ 25,750 Mercy House - Transitional Shelters $ 29,000 Orange County Mental Health Association $ 27,000 SMEDA $ 26,000 The Villa Center $ 11,000 Thomas House $ 18,000 Wise Place $ 32,500 WTLC $ 43,000 Allocation for Essential Services, Prevention & Operations $ 308,750 Allocation for Administration $ 16,250 Total Budget for 2010 -2011 $ 325,000 The U.S. Department of Housing and Urban Development has yet to provide the actual allocation for the 2010 -2011 ESG program. Therefore, any amount over or under the anticipated $325,000 will be proportionately added to or subtracted from each individual allocation. 25F -2 Allocation of FY 2010 -11 ESG Funds April 05, 2010 Page 3 FISCAL IMPACT HUD provides ESG funds directly to the City and will be deposited in the FY 2010 -2011 Emergency Shelter Grant account (account no. 13518785 - various). Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN /NTE /FH /kg Exhibit 1: ESG Recommendations APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez v= Executive Director Finance & Management Services Agency 25F -3 2nin -mil t`cr_ 0� +,.,,. w -A 261E14 -- - ••� vv..nncua..a�wu.1 JIICC� Service Average 09 -10 Grant 10 -11 Grant Tab Organization T e Ratin Allocation Re uest Recommendation 1 Human O tions Emergency Shelter 25.75 $ 18,000 $ 25,000 $ Emergency 18,000 2 Interval House Shelter 28.25 $ 20,500 $ 35,000 $ 24,000 3 Laura's House Emergency shelter 26.25 $ 10,500 $ 12,000 $ Supportive 10,500 4 Legal Aid Services 25.50 $ 9,000 $ 20,000 $ 9,000 5 Mercy House - Center Supportive Services 23.00 $ 35,000 $ 70,000 $ Emergency 35,000 6 Mercy House-Emergency Shelter Shelter 26.67 $ 22,500 $ 50,000 $ Transitional 25,750 7 Mercy House - Transitional Shelters shelter 26.50 $ 29,000 $ 70,000 $ Supportive 29,000 8 O.C. Mental Health Association Services 27.75 $ 27,000 $ 27,000 $ Homelessness 27,000 9 SMEDA Prevention 26.00 $ 26,000 $ 29,000 $ 26,000 10 Thomas House Temporary Shelter Transitional Shelter 27.50 $ 15,500 $ 25,000 $ 18,000 11 Villa Center Transitional Shelter 22650 $ 11,000 $ 15,000 $ 11,000 12 WISE Place Transitional Shelter 27.00 $ 32,500.$ 32,500 $ 32,500 Emergency 13 WTLC Shelter 28.25 $ 38,500 $ 50,000 $ 43,000 $ 308,750 TOTAL RECOMMENDATION 261E14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: April 5, 2010 TITLE: AGREEMENT FOR EVENT /ENTERTAINMENT MANAGEMENT SERVICES TO OPERATE THE 2010 BICENTENNIAL FESTIVITIES Ce )4r CITY MANAGER RECOMMENDED ACTION 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Velasquez Publishing & Promotions, and an agreement with MXLive to provide event/entertainment management services for the 2010 Bicentennial festivities DISCUSSION September 16, 2010 will mark the 200th anniversary of Father Hidalgo's call (EI Grito) for Mexico's independence from Spain. The Fourth Street Mexican Independence Day Festivities has been a positive community event supported by the downtown businesses and the community for the past 21 years. Traditionally, this event has included a downtown fiesta and carnival, a parade, and an El Grito ceremony. Since 1989, there have been various private and public organizers of this event including the City, the former Downtown Business Association, the Business Improvement District and other private organizations. Given the significance of the Bicentennial, staff recommends that the City formally organize the following 2010 celebration events and cultural activities.. an official El Grito ceremony on September 15; a Bicentennial festival including a carnival on Fourth Street in Downtown on September 18 and 19; a symbolic El Grito ceremony on Saturday September 18; and a parade on Sunday, September 19. Other activities will include a series of city -wide Mexican Independence cultural events highlighting the historical significance of the El Grito Bicentennial. The City's sponsorship and management of this event will ensure maximum civic involvement and a minimal adverse impact on public resources. 25G -1 2010 Fiestas Patrias April 5, 2010 Page 2 In years past, various organizations including the City, have organized the Fourth Street Mexican Independence Day Festival, and have contracted with a commercial promoter to operate the event. It is recommended that this same course be followed for 2010. It is also recommended that the planning of the parade be integrated with the Fourth Street Bicentennial Festival to ensure that festival revenues are available to reimburse the City for public safety and traffic management costs generated by the parade. The agreements shall provide that Velasquez Publishing & Promotions, and MXLive will be responsible for meeting the usual City requirements for special events such as insurance and security, assume all costs for organizing and conducting the event, reimburse the City for all of its costs including but not limited to police and traffic services. Staff has established a community participation system to ensure that all stakeholders including the Mexican Consulate, downtown merchants, property owners and civic groups are actively engaged in the planning and implementation of the activities. FISCAL IMPACT There is no fiscal impact associated with this request. 25G -2 MEMORANDUM To: Mayor and City Council Date: April 2, 2010 From: City Manager Subject: 2010 Bicentennial Festivities For your information, I have attached the agreements with Velasquez Publishing & Promotions, and MXLive to provide event/entertainment management services for the 2010 Bicentennial Festivities. These agreements are on the City Council agenda (item 25G) for Monday's City Council meeting. Please let me know if you have any questions. David N. Ream 25G -1 AGREEMENT WITH VELAZQUEZ PUBLISHING TO PRODUCE THE 2010 SEPTEMBER MEXICAN BICENNTENNIALDOWNTOWN FESTIVAL This Agreement is entered into on April 5, 2010, 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 Velazquez Publishing, (hereinafter referred to as "Event Producer ") RECITALS A. The City desires to retain a company having special skill and knowledge in the field of promotion of special events in order to plan and produce the 2010 September Mexican Bicentennial Downtown Festival (hereinafter "Event ") for the City. B. Event Producer has produced said Event in previous years. C. Event Producer shall ensure that the Event remains a positive, family- oriented event reflective of the community. D. Event Producer represents that it is able and willing to provide such services to the City. E. In undertaking the performance of this Agreement, Event Producer represents that it is knowledgeable in its field and that any services performed by Event Producer under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Event Producer in the field. SCOPE OF WORK Event Producer shall produce said Event on September 18 and 19, 2010, in the downtown area of Santa Ana as described in Exhibit A and Exhibit B "Fiestas de Independecia 2010 Agreement" dated March 24, 2010 (between Velazquez Publishing and MXLive Entertainment hereinafter referred to as "Service Agreement ") attached hereto and incorporated herein by reference. Additional terms included in Scope of Work shall be: a) EVENT HOURS. Event hours will be during the following time periods: i) Saturday, September 18, 2010: 12:00 p.m. to 10 p.m. for the festival with the carnival closing at 12 a.m. ii) Sunday, September 19, 2010: 12:00 p.m. To 9:00 p.m. for the festival with the carnival closing at 10 p.m. b) LAYOUT and BOOTHS. City shall retain the right to approve the general layout of said Event, including the placement of booths, stages, etc., Boundaries of the event shall extend from the east side of Birch to the west side of Minter on Fourth Street. Third Street from the east side of Spurgeon to the east side of French. Sycamore, Bush, and French Streets from the south side of Fifth Street to the north side of Third Street. Main Street from the south side of Fifth to the north side of First Street. c) THEME. If a theme is considered in addition to the Mexican Bicentennial, City and Event Producer must reach mutual agreement as to said theme. 25G -2 d) ENTERTAINMENT. City shall retain final approval over all entertainment. City at its sole discretion and/or for any reason may reject entertainment chosen by Event Producer. Event Producer shall produce a complete schedule for the main stage listing each performer, their popularity rating, and their associated time slot before August 15, 2010. City will provide final approval before August 25, 2010, at which time City will provide written approval in the form of a letter from the City Manager or his designee. The stage located at the intersection of Fourth and Mortimer Streets shall be reserved for the official "El Grito" from 6:30 p.m. until 9 p.m. on Saturday, September 18, 2010, at which time all advertising on stage if any, shall be removed, cloaked, or hidden from display. The "El Grito" shall be conducted by the Mexican Consul. The ceremony shall be coordinated between the City, Mexican Consul and the event Producer. C) STAGES. A minimum of two stages and associated entertainment shall be programmed and produced during the event duration. One stage each provided by each Event Producer. One stage shall be located at the intersection of Mortimer and 4th Street. One stage shall be located at the intersection of Broadway and Fourth Streets as outlined in the Service Agreement. f) ALCOHOL and TOBACCO. Event Producer agrees not to sell or distribute or allow the sale of or distribution of any tobacco products during the Fiestas event. Sponsorship by alcohol product companies shall be considered, but must be pre - approved by City. Absolutely no direct tobacco product advertising shall be allowed within or associated with the Event. Neither tobacco product advertising nor alcohol product advertising shall be distributed to minors. g) PRESS RELEASES and PROMOTIONS. City shall receive copies of all press releases and advertising for the event at least 72 hours prior to the use in the Event promotion. Event Producer will provide to City all distributed documents related to marketing, promotions and administration as distributed. All promotional materials shall include the City of Santa Ana Downtown Orange County Logo. h) SPONSORSHIP. City shall receive copies of all sponsorship agreements for the Event. All sponsorship agreements /contracts must be between Velazquez Publishing (Event producer) and the participating sponsor and not third parties. Sponsor must pay Event Producer directly and not to third parties. i) FEES. Event Producer shall be responsible for all fees and/or costs associated with this event including, but not limited to, additional Police, Fire, Code Enforcement and Public Works; additional security including coverage for downtown parking garages; graffiti removal; and street cleaning j) TRASH. Event Producer will maintain continuous litter control during the entire Event and impose adequate mitigation measures to ensure the removal and disposal of grease from food and/or cooking booths, including but not limited to the use of grease barrels. k) EQUIPMENT. Event Producer shall provide all necessary equipment, resources and manpower to develop and produce the Event. Equipment is to include lighting for all vendor booths which is to be maintained and fully illuminated until all attendees have vacated the festival and carnival grounds as per the Service Agreement. 1) RIGHT OF FIRST REFUSAL. Event Producer shall provide right of first refusal to merchants with businesses along 4th Street and in the Fiesta Marketplace for booths located in front of said businesses at a discounted rate. Requests and payment by merchants for booths are to be received no later than August 1, 2010. m) DISCOUNTED BOOTHS. Event Producer shall provide twelve (12) non - corporate sponsor booths at a discounted rate to the City of Santa Ana Bicentennial Advisory 25d -3 Committee. Requests by the advisory committee for booths are to be received no later than August 1, 2010. Booths are to be located on Fourth Street between Bush Street and Sycamore Street at the rate of $600.00 per 10" by 10" booth. Payment for said booth is to be received no later than August 1, 2010. n) FINANCIAL LEDGER. Event Producer shall maintain a "financial ledger" specifically detailing all expenses /cost and revenues generated from said Event in order to determine net revenue. Within 30 days after the Event, Event Producer shall provide the City the financial ledger independently from other Event Producer. Moreover, within thirty (30) days after the Event, Event Producer shall reimburse the City all City related costs and expenses as specified in the Service Agreement. i. LOFTS. Velazquez Publishing shall exercise caution and special measures to ensure minimal disruption to Loft owners and tenants, including: a. Blocking off the sidewalks on 3rd Street in front of Lofts b. Velazquez Publishing - Promotions shall assume responsibility for any damage done to the Lofts during the course of the Event, including assembly and disassembly c. Velazquez Publishing - Promotions shall make certain that street meters in front of Lofts shall be reserved for Loft owners and their guests, clients, and/or customers d. Velazquez Publishing - Promotions shall compensate Loft owners with pets who choose to board their pets from Thursday through Monday e. Velazquez Publishing - Promotions shall compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during the Event, at a maximum of $100 /per day. o) CARNIVAL. A carnival shall be provided on Third Street from Sycamore to Spurgeon, on Bush from Fourth to Third, and on the Third and Bush surface parking lot. p) OPERATIONAL CONDITIONS. Event Producer shall be required to comply with the attached "Operational Conditions /Scope of Work" describing the scope of tasks for which Event Producer shall be responsible. Said "Operational Conditions /Scope of Work" is attached hereto and incorporated herein in Exhibit A and B. q) QUIET HOURS. Specific to 3rd Street: There shall be designated quiet times as follows: Thursday, Friday, Sunday from 10:00 p.m. through 7:00 a.m., and Saturday from 12:00 a.m. through 8:00 a.m. Quiet hours shall be strictly adhered to by all vendors. 2. TERM. City shall grant Event Producer a one time Event Agreement for the year 2010. 3. COMPENSATION. Event Producer shall reimburse as stipulated in the Service Agreement the City for all fees and/or costs associated with the parade including but not limited to additional Police, Fire, Code Enforcement Public Works and private contracts. The Event Producer shall reimburse the City for a maximum of $45,000.00 for all fees and/ or costs associated with the parade. Event Producer shall be required to reimburse the City no later than October 19, 2010. The Traffic Control equipment private 256-4 contract in the amount of $9,800.00 shall be paid to the City no later than August 1, 2010 as stipulated in the Service Agreement. 25d-5 4. LIMITATION OF LIABILITY Without limiting any express financial or liability provisions provided for in this Agreement, City shall not be liable to Promoter for any indirect, consequential, exemplary, special, incident or putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in connection with this Agreement under any theory of tort, contract, warranty, strict liability or negligence. The foregoing limitation applies to all causes of action and claims, including but not limited to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further understood and agreed that City shall not be responsible for any loss or damage caused by EVENT PROTEST, hostile or warlike action, civil disorders or any governmental action, whether such loss be direct or indirect, proximate or remote. 5. INDEPENDENT CONTRACTOR Event Producer is an independent CONTRACTOR and not an employee of City and all of CONTRACTOR'S personnel shall be employees or subcontractors of Event Producer and not employees of the City. Event Producer 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. 6. MISCELLANEOUS PROVISIONS a. Event Producer covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. b. Event Producer will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. Event Producer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. This Agreement may be terminated by City upon ten (10) days written notice of termination. 7. CONFLICT OF INTEREST CLAUSE Event Producer covenants that it presently has no interests and shall not have interests, direct or indirect, who would conflict in any manner with performance of services specified under this Agreement. 25d-6 INSURANCE Prior to undertaking performance of work under this Agreement, Event Producer shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Event Producer shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Event Producer'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. Event Producer shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B 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. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Event Producer, if Event Producer 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, Event Producer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Event Producer 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 Event Producer pursuant to this section: (i) Event Producer 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 Event Producer 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 effect Event Producer's right to be paid for its time and materials expended prior to notification of termination. Event Producer waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6 25G -7 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: and, 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 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 Event Producer: Velazquez Publishing - Promotions Attn: Mr. Sergio Velazquez 2025 S. Main Santa Ana, CA 92707 Telephone: (714) 668 -1010 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. 10. CONTRACT ADMINISTRATOR The City Manager or his designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 11. EXCLUSIVITY AND AMENDMENT 7 25G -8 This Agreement represents the complete and exclusive statement between the City and Event Producer, 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 Event Producer. 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 Event Producer or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not embodied herein. 12. DISCRIMINATION Event Producer 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. Event Producer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 14. INDEMNIFICATION AND HOLD HARMLESS CLAUSE Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 Event Producer 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, including any claims made by artist or representatives of artist that the City has violated any copyright law(s) 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 Event Producer 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 25G -9 15. BREACH Inasmuch as this Agreement is intended to secure the specialized services of the Event Producer to perform all necessary functions and activities for the two (2) day September Festival of September 18 and 19, 2010 in Downtown Santa Ana, failure by Event Producer to perform the Scope of Work, at a minimum specified in Section 1(a) -(s) and Exhibit A, shall be considered a material breach of this agreement. The City shall be entitled to all legal and equitable remedies including but not limited to incidental and consequential damages. 16. ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of Event Producer, Event Producer 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 Event Producers retained by City. 17. COMPLIANCE WITH COPYWRITE LAWS Event Producer understands that the songs used by its performers may be copywritten music pursuant to federal law, and, if so, that the Artist may have certain rights relative thereto. This Agreement is explicitly made subject to the artist rights under any such agreement and any applicable law or regulation, if any. To the extent that there is a conflict between any such agreement, applicable law or regulation and this Agreement, the terms of such, applicable law or regulation shall prevail. Event Producer shall defend, indemnify and save harmless City, its officers, agents, volunteers and employees, against any and all damages from any and all claims, demands, suits, actions, or proceedings of any kind of nature, including, but not by way of limitation, violations of federal copywrite laws and/or regulations or by any one whomsoever, in any way resulting from or arising out of Event Producer's acts or omissions in connection with this Agreement, including acts or omissions of subcontractors and acts or omissions of employees or agents of Event Producer or its subcontractors. 18. LICENSES Event Producer 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. Event Producer shall notify the City 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. 9 25G -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager RECOMMENDED FOR APPROVAL: EVENT PRODUCER David N. Ream City Manager Velazquez Publishing By: Sergio Velazquez 10 25G -11 OPERATIONAL CONDITIONS EXHIBIT A 1. Set up conditions — As stipulated in the Service Agreement a. Velazquez Publishing shall provide all necessary equipment, resources and manpower to develop and produce the Event as agreed to in the Service Agreement. b. Street closures for the carnival will begin Thursday, September 16, from 6:00 p.m. through 10:00 p.m., and may resume on Friday, September 17 no earlier than 8:00 a.m. c. Street closures for the remainder of the festival boundaries will begin Friday, September 17 at 6:00 a.m. with the exception of Main Street and Broadway which will close at 8 p.m. on Friday, September 17. d. "No Parking" signage must be posted on those portions of the street that will be affected by the closure 24 hours in advance of the event. Said posting shall be conducted by City staff and reimbursed by Velazquez Publishing. e. Velazquez Publishing shall pay for the set up of traffic control for the event; barricaded streets are to be staffed by private security maintaining traffic control setup during the event as approved by the City's Risk Management Division following the specification of the City's Public Works Agency's Traffic Division; tear down of traffic control at the end of the event. 2. Trash as stipulated in the Service Agreement a. Velazquez Publishing will maintain continuous litter control during the entire Event to include: i. Maintain a professional cleaning crew during all open times of the event. Velazquez Publishing shall not allow trash to accumulate on the streets & sidewalks at any time during the event. ii. Maintain dumpsters strategically placed throughout the event boundaries to contain trash from the event. Dumpsters shall be placed to avoid the front of establishments, where possible. iii. Sufficient dumpster capacity for all trash generated during the final cleanup of the Event on Sunday evening shall be maintained for those crews. Dumpsters shall be promptly removed at the end of the event and before streets are reopened to the general public. 3. Break down conditions as stipulated in the Service Agreement a. The teardown of the festival will begin at 9:00 p.m. on Sunday, September 19, with the exception of the carnival area. b. Main and Broadway must be open to vehicular traffic no later than 6:00 a.m. on Monday, September 13. c. The entire festival boundaries must be open to vehicular traffic no later than 8:00 a.m., Monday, September 13, with the exception of the carnival area. d. The teardown of the carnival area on 3rd Street between Main and French and on Bush Street between 3rd Street and 4th Street cannot begin until 7:00 a.m. on Monday, September 13, and must be completed and open to traffic no later than 5:00 p.m. on Monday, September 14. 1 25G -12 OPERATIONAL CONDITIONS 4. Clean up as stipulated in the Service Agreement a. Cleaning of the sidewalks in front of the lofts'on Third Street and the streets within the food court areas of the festival will be steam cleaned by a contractor approved by the City. Velazquez Publishing - Promotions shall have all areas cleaned beginning Monday, September 13 and completed no later than Friday, September 17. Loft owners shall be provided 24 hours notice before sidewalks in front of the Lofts are steam cleaned. b. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). 5. Vendor /Sponsor/Food booth management — Ownership as stipulated in the Service Agreement a. Vendorlbooth vehicles cannot reenter the Festival once it has started and until 10:30 p.m. on Saturday and 10:30 p.m. on Sunday night or until it is determined to be safe for the general public by the Police Department Official in charge at the Fiesta. b. All ticket sales at any booth including the Carnival must cease one hour prior to closing of the festival each night. c. All noise generated by this event shall remain within levels specified in S.A.M.C. Section 18 -132. Specifically noise levels shall not exceed 55 db between the hours of 7 a.m. to 10 p.m. and not to exceed 50 db between the hours of 10 p.m. to 7 a.m. S.A.M.C. Section 10 -153 (Loud and Raucous Notice) must be abided by all at all times. d. All booths' canopy support poles closest to the public sidewalk must be kept pushed up to the curb at all times. The front support posts cannot be placed past the gutter. e. Vendor vehicles must park in assigned locations at all times. Vendor vehicles parked in unauthorized locations will be towed at the vendor's expense. f A 20 -foot wide fire lane must be maintained behind. each stage�at all times. Any vehicles blocking this area will be towed at the owner's expense. g. Vendor booths are prohibited from placing items on the public sidewalk except in those areas as approved on the official site plan, and are prohibited from attaching rear tarp or stacking merchandise that obstructs street visibility to the retail storefronts behind the booths. h. Portable fire extinguishers are required for all booths and rides. i. No tables, chairs or other items can be placed in front of the approved booth locations. j. All booths must maintain their area in a clean condition at all times. It is prohibited to dump trash, food, etc on the event grounds. It is further prohibited to dump grease anywhere, except in pre- approved containers. Failure to follow these rules will result in loss of security deposit. k. No flyers, newspapers, and/or pamphlets are to be distributed except by booth vendor or sponsor with prior city approval. 1. No speakers outside booth and no live entertainment are allowed except on the approved stages or by prior city approval. 2 25G -13 OPERATIONAL CONDITIONS m. There will be NO amplified music or vocal presentations allowed in vendor booths within the event except where previously authorized in writing by the City and on the main entertainment stage and the community stage. n. All cooking in all booths at the Fiesta must cease cooking a minimum of one hour prior to the closing of the festival each night, i.e. Saturday at 9:00 p.m., Sunday at 8:00 p.m. Vendors may not sell or give away product after the closing time of the event. o. City shall retain ownership of the complete sponsorship list to include any and all additional sponsors that are acquired during the course of this License Agreement. Velazquez Publishing - Promotions shall be required to submit, in electronic format, all records relating to the event to City. Said list shall include specific points of contact with addresses and phone numbers. p. It is prohibited to sell canned or glass beverages without City approval. q. All food booths must comply with all state health regulations at all times. r. Food vendors must obtain a California Health Permit, and must obey all health laws. s. Food vendors must have a fire extinguisher that is up to date, or vendor will not be permitted to serve food. t. No homemade gas lines or propane bottles or use of charcoal is permitted. u. All booths must have a City of Santa Ana Business License or a One -Day Peddlers License. 6. Carnival as stipulated in the Service Agreement a. Carnival can begin set up of rides at 6:00 p.m., Thursday, September 16. b. Carnival will not be allowed to store equipment prior to the set up time on City owned property and City right of way without prior city approval. c. Carnival staff will not be allowed to sleep inside the Festival boundaries. d. Carnival must supply restroom facilities for their staff during set up. e. Carnival must provide 2 state licensed uniformed guards in the carnival area overnight each day of the festival. 7. Conditions during event as stipulated in the Service Agreement a. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). b. Velazquez Publishing agrees not to sell or distribute any alcohol or tobacco products during the Festival event or allow massage related vendors. c. Velazquez Publishing will pay for a standing fire watch during the entire event. d. Velazquez Publishing will pay for code enforcement during the event. e. Velazquez Publishing will pay for all police personnel needed to protect the safety of people attending the event, crowd control, etc. during the entire event. f. Velazquez Publishing will pay for all City Community Development Agency support staff, Parks and Recreation staff, and City equipment. g. Velazquez Publishing will pay for event Insurance. h. Velazquez Publishing will pay for required state licensed uniformed security staffing at the levels set by the City Police Department. Said staffing shall cover perimeter barricades, overnight security, roving patrol during the event, Federal property protection, and security for stages. The security staff shall take final direction and instruction from the City Police Department supervisor in charge of the event. i. Velazquez Publishing shall provide and pay for additional fencing and protection for the entertainment stages as determined by the City Police Department. 3 25G -14 OPERATIONAL CONDITIONS j. Event hours will be during the following time periods: i. Saturday, September 18: 12:00 p.m. to 10:00 p.m., Carnival will end at 12:00 a.m. ii: Sunday, September 19: 12:00 p.m. to 9:00 p.m., Carnival will end at 10:00 p.m. k. The stage will be activated during the following time periods of the festival: i. Saturday, September 18: 12:00 p.m. to 10:00 p.m. ii. Sunday, September 19: 12:00 p.m. to 8:00 p.m. Entertainment on any stage is prohibited from tossing giveaways into the crowd. This also applies to the live remotes from any radio station. Artist autograph sessions are prohibited without prior city approval Final entertainment schedules are to be provided to the city two weeks prior to the scheduled festival. 4 25G -15 Fiestas de Independencia 2010 Agreement This agreement made March 24, 2010 by and between Velazquez Publishing located at 2025 S. Main Street, Santa Ana, CA 92707 and MX Live Entertainment located at 3 Hutton Centre Dr., Suite 810, Santa Ana, CA 92707. It is mutually agreed between the parties as follows: . Velazquez Publishing and MX Live Entertainment hereby agree to furnish entertainment and execution of "Santa Ana's Fiestas de Independencia 2010" as follows: 1. Place of Engagement: 4th Street, Santa Ana, California 2. Dates of Engagement: Saturday and Sunday, September 18 and 19, 2010 3. Velazquez Publishing will contract and order all services needed for the production of the street festival such as: • City of Santa Ana services: police, fire, code enforcement, Community Development Agency staff, event permit, meter posting, meters, etc. • Logistics: canopies, electricity, trash cans and dumpsters, portable toilets, communications, etc. • Traffic control equipment and setup • Security services • Notice to businesses • Boarding of loft residents and their pets if requested • Steam cleaning of First American Title's parking lot, lofts' sidewalks and other areas as needed • Clean up during and after the event • Other services as needed 4. Velazquez Publishing will produce, manage and cover all costs associated with a stage at the intersection of 4th and Mortimer 5. MX Live Entertainment will produce, manage and cover all costs associated with a stage at the intersection of 4th and Broadway. 6. Velazquez Publishing and MX Live will independently cover all costs of their respective stage including: • Stage • Talent • Sound equipment • Lighting • Electrical generator • Fencing and barricades • Portable toilets and sinks (back stage) • Security 25G -16 7. MX Live has requested and will sell (36) thirty -six 10'x10' booths or spaces. Placement of booths or spaces assigned to MX Live will start near MX Live's stage at the intersection of 4th Street and Broadway and will continue East on 0' Street. MX Live's 36 booths or spaces will be located on 4t' Street between Broadway and Main Street. 8. Velazquez Publishing and MX Live hereby agree to share all costs associated with the production of the street festival indicated in item 3 as follows: Velazquez .Publishing is responsible for 64% of total costs. MX Live is responsible for 3 6% of total costs. 9. With the exception of City of Santa Ana services, Velazquez Publishing is billed and required to pay for all services indicated in item 3 prior to the event. MX Live must pay Velazquez Publishing 36% of the total costs as follows: 550% on or before August 11, 2010, and the remaining 50% balance on or before August 27, 2010. 10. If full payment is not received by Velazquez Publishing on or before August 27, 2010, this contract is null and void. 11. Velazquez Publishing and MX Live hereby agree to share all City of Santa. Ana costs associated with the production of the street festival and parade as follows: Velazquez Publishing is responsible for 64% of the City's costs. MX Live is responsible for 3 6% of the City's costs. The City of Santa Ana will independently execute contracts with Velazquez Publishing and MX Live. The City of Santa Ana will independently bill Velazquez Publishing and MX Live after the event. 12. Revenue generated from parade participating sponsors contracted by either Velazquez Publishing or MX Live will be used to offset the City of Santa Ana parade costs. The balance will be shared by Velazquez Publishing and MX Live as indicated in item 11. 13. Carnival revenue will be shared as follows: Velazquez Publishing will pay MX Live 36% of the revenue as soon as it is received from the carnival operator. 14. Advertising will be discretionary. MV Live is not required to share the cost of Velazquez Publishing's advertising expenses. Velazquez Publishing is not required to share the cost of MX Live's advertising expenses. 15. MX Live Entertainment has agreed to honor Velazquez Publishing's revenue from past years' sponsors. In the event MX Live can generate higherrevenue from Velazquez Publishing's previous sponsors, MX Live will pay Velazquez Publishing an amount equal to that sponsor's previous years' contribution. Velazquez Publishing's past sponsors can be found in 2008 and 2009 promotional materials. By. 6Z cia MX Live Entertainment By. Ser o Velazquez, resident Velazquez Publishing 25G -17 AGREEMENT WITH MXLIVE ENTERTAINMENT TO PRODUCE THE 2010 SEPTEMBER MEXICAN BICENNTENNIALDOWNTOWN FESTIVAL This Agreement is entered into on April 5, 2010, 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 MXLive Entertainment, (hereinafter referred to as "Event Producer "). RECITALS A. The City desires to retain a company having special skill and knowledge in the field of promotion of special events in order to plan and produce the 2010 September Mexican Bicentennial Downtown Festival (hereinafter "Event ") for the City. B. Event Producer has produced similar Events in previous years. C. Event Producer shall ensure that the Event remains a positive, family- oriented event reflective of the community. D. Event Producer represents that it is able and willing to provide such services to the City. E. In undertaking the performance of this Agreement, Event Producer represents that it is knowledgeable in its field and that any services performed by Event Producer under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Event Producer in the field. 1. SCOPE OF WORK Event Producer shall produce said Event on September 18 and 19, 2010, in the downtown area of Santa Ana as described in Exhibit A and Exhibit B "Fiestas de Independecia 2010 Agreement" dated March 24, 2010 (between Velazquez Publishing and MXLive Entertainment hereinafter referred to as "Service Agreement ") attached hereto and incorporated herein by reference. Additional terms included in Scope of Work shall be: a) EVENT HOURS. Event hours will be during the following time periods: i) Saturday, September 18, 2010: 12:00 p.m. to 10 p.m. for the festival with the carnival closing at 12 a.m. ii) Sunday, September 19, 2010: 12:00 p.m. To 9:00 p.m. for the festival with the carnival closing at 10 p.m. b) LAYOUT and BOOTHS. City shall retain the right to approve the general layout of said Event, including the placement of booths, stages, etc., Boundaries of the event shall extend from the east side of Birch to the west side of Minter on Fourth Street. Third Street from the east side of Spurgeon to the east side of French. Sycamore, Bush, and French Streets from the south side of Fifth Street to the north side of Third Street. Main Street from the south side of Fifth to the north side of First Street. 1 25G -18 C) THEME. If a theme is considered in addition to the Mexican Bicentennial, City and Event Producer must reach mutual agreement as to said theme. d) ENTERTAINMENT. City shall retain final approval over all entertainment. City at its sole discretion and/or for any reason may reject entertainment chosen by Event Producer. Event Producer shall produce a complete schedule for the main stage listing each performer, their popularity rating, and their associated time slot before August 15, 2010. City will provide final approval before August 25, 2010, at which time City will provide written approval in the form of a letter from the City Manager or his designee. The stage located at the intersection of Fourth and Mortimer Streets and provided by other Event Producer shall be reserved for the official "El Grito" from 6:30 p.m. until 9 p.m. on Saturday, September 18, 2010, at which time all advertising on stage if any, shall be removed, cloaked, or hidden from display. The "El Grito" shall be conducted by the Mexican Consul. The ceremony shall be coordinated between the City, Mexican Consul and the Event Producer. e) STAGES. A minimum of two stages and associated entertainment shall be programmed and produced during the event duration. One stage each provided by each Event Producer. One stage shall be located at the intersection of Mortimer and 4th Street. One stage shall be located at the intersection of Broadway and Fourth Streets as outlined in the Service Agreement. f) ALCOHOL and TOBACCO. Event Producer agrees not to sell or distribute or allow the sale of or distribution of any tobacco products during the Fiestas event. Sponsorship by alcohol product companies shall be considered, but must be pre - approved by City. Absolutely no direct tobacco product advertising shall be allowed within or associated with the Event. Neither tobacco product advertising nor alcohol product advertising shall be distributed to minors. g) PRESS RELEASES and PROMOTIONS. City shall receive copies of all press releases and advertising for the event at least 72 hours prior to the use in the Event promotion. Event Producer will provide to City all distributed documents related to marketing, promotions and administration as distributed. All promotional materials shall include the City of Santa Ana Downtown Orange County Logo. h) SPONSORSHIP. City shall receive copies of all sponsorship agreements for the Event. All sponsorship agreements /contracts must be between MXLive Entertainment (Event producer) and the participating sponsor and not third parties. i) FEES. Event Producer shall be responsible for all fees and/or costs associated with this event including, but not limited to, additional Police, Fire, Code Enforcement and Public Works; additional security including coverage for downtown parking garages; graffiti removal; and street cleaning j) TRASH. Event Producer will maintain continuous litter control during the entire Event and impose adequate mitigation measures to ensure the removal and disposal of grease from food and/or cooking booths, including but not limited to the use of grease barrels. k) EQUIPMENT.. Event Producer shall provide all necessary equipment, resources and manpower to develop and produce the Event. Equipment is to include lighting for all vendor booths which is to be maintained and fully illuminated until all attendees have vacated the festival and carnival grounds as per the Service Agreement. 1) RIGHT OF FIRST REFUSAL. Event Producer shall provide right of first refusal to merchants with businesses along 4th Street and in the Fiesta Marketplace for booths located in front of said businesses at a discounted rate. Requests and payment by merchants for booths are to be received no later than August 1, 2010. 2 25G -19 m) DISCOUNTED BOOTHS. Event Producer shall provide twelve (12) non - corporate sponsor booths at a discounted rate to the City of Santa Ana Bicentennial Advisory Committee. Requests by the advisory committee for booths are to be received no later than August 1, 2010. Booths are to be located on Fourth Street between Bush Street and Main Street at the rate of $600.00 per 10" by 10" booth. Payment for said booth is to be received no later than August 1, 2010. n) FINANCIAL LEDGER. Event Producer shall maintain a "financial ledger" specifically detailing all expenses /cost and revenues generated from said Event in order to determine net revenue. Within 30 days after the Event, Event Producer shall provide the City the financial ledger independently from other Event Producer. Moreover, within thirty (30) days after the Event, Event Producer shall reimburse the City all City related costs and expenses as specified in the. Service Agreement. i. LOFTS. MXLive Entertainment shall exercise caution and special measures to ensure minimal disruption to Loft owners and tenants, including as stipulated in the Service Agreement: a. Blocking off the sidewalks on 3rd Street in front of Lofts b. MXLive Entertainment - Promotions shall assume responsibility for any damage done to the Lofts during the course of the Event, including assembly and disassembly c. MXLive Entertainment - Promotions shall make certain that street meters in front of Lofts shall be reserved for Loft owners and their guests, clients, and/or customers d. MXLive Entertainment - Promotions shall compensate Loft owners with pets who choose to board their pets from Thursday through Monday e. MXLive Entertainment - Promotions shall compensate those Loft owners who choose to stay at a hotel on Saturday and Sunday, during the Event, at a maximum of $100 /per day. Q) CARNIVAL. A carnival shall be provided on Third Street from Sycamore to Spurgeon, on Bush from Fourth to Third, and on the Third and Bush surface parking lot. P) OPERATIONAL CONDITIONS. Event Producer shall be required to comply with the attached "Operational Conditions /Scope of Work" describing the scope of tasks for which Event Producer shall be responsible. Said "Operational Conditions /Scope of Work" is attached hereto and incorporated herein in. Exhibit A and B. q) QUIET HOURS. Specific to 3rd Street: There shall be designated quiet times as follows: Thursday, Friday, Sunday from 10:00 p.m. through 7:00 a.m., and Saturday from 12:00 a.m. through 8:00 a.m. Quiet hours shall be strictly adhered to by all vendors. 2. TERM. City shall grant Event Producer a one time Event Agreement for the year 2010. 3. COMPENSATION. Event Producer shall reimburse as stipulated in the Service Agreement the City for all fees and /or costs associated with the parade including but not limited to additional Police, Fire, Code Enforcement Public Works and private contracts. The Event Producer shall reimburse the City for a 3 25G -20 maximum of $45,000.00 for all fees and/ or costs associated with the parade. Event Producer shall be required to reimburse the City no later than October 19, 2010. The Traffic Control equipment private contract in the amount of $9,800.00 shall be paid to the City no later than August 1, 2010 as stipulated in the Service Agreement. 4 25G -21 4. LIMITATION OF LIABILITY Without limiting any express financial or liability provisions provided for in this Agreement, City shall not be liable to Promoter for any indirect, consequential, exemplary, special, incident or putative damages, including, without limitation, lost business, revenue, profits or goodwill, arising in connection with this Agreement under any theory of tort, contract, warranty, strict liability or negligence. The foregoing limitation applies to all causes of action and claims, including but not limited to Breach of Contract, Negligence, Strict Liability Misrepresentation and other torts. It is further understood and agreed that City shall not be responsible for any loss or damage caused by EVENT PROTEST, hostile or warlike action, civil disorders or any governmental action, whether such loss be direct or indirect, proximate or remote. INDEPENDENT CONTRACTOR Event Producer is an independent CONTRACTOR and not an employee of City and all of CONTRACTOR'S personnel shall be employees or subcontractors of Event Producer and not employees of the City. Event Producer 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. 6. MISCELLANEOUS PROVISIONS a. Event Producer covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required hereunder. b. Event Producer will not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, marital status, or national origin. Event Producer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. This Agreement may be terminated by City upon ten (10) days written notice of termination. 7. CONFLICT OF INTEREST CLAUSE Event Producer covenants that it presently has no interests and shall not have interests, direct or indirect, who would conflict in any manner with performance of services specified under this Agreement. 25G -22 Prior to undertaking performance of work under this Agreement, Event Producer shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Event Producer shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Event Producer'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. Event Producer shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B 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. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Event Producer, if Event Producer 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, Event Producer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Event Producer 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 Event Producer pursuant to this section: (i) Event Producer 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 Event Producer 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 effect Event Producer's right to be paid for its time and materials expended prior to notification of termination. Event Producer waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 256-23 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: and, 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 City Attorney City of Santa Ana 20 Civic Center Plaza (1\4-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Event Producer: MXLive Entertainment Attn: Mr. Saul Garcia 3 Hutton Centre Drive, Suite 810 Santa Ana, CA 92707 Telephone: (714) 966 -1788 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. 10. CONTRACT ADMINISTRATOR The City Manager or his designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 11. EXCLUSIVITY AND AMENDMENT 7 25G -24 This Agreement represents the complete and exclusive statement between the City and Event Producer, 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 Event Producer. 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 Event Producer or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not embodied herein. 12. DISCRIMINATION Event Producer 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. Event Producer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties fin-ther 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. 14. INDEMNIFICATION AND HOLD HARMLESS CLAUSE Event Producer agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 Event Producer 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, including any claims made by artist or representatives of artist that the City has violated any copyright law(s) 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 Event Producer 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 25G -25 15. BREACH Inasmuch as this Agreement is intended to secure the specialized services of the Event Producer to perform all necessary functions and activities for the two (2) day September Festival of September 18 and 19, 2010 in Downtown Santa Ana, failure by Event Producer to perform the Scope of Work, at a minimum specified in Section 1(a) -(s) and Exhibit A, shall be considered a material breach of this agreement. The City shall be entitled to all legal and equitable remedies including but not limited to incidental and consequential damages. 16. ASSIGNABILITY Inasmuch as this Agreement is intended to secure the specialized services of Event Producer, Event Producer 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 Event Producers retained by City. 17. COMPLIANCE WITH COPYWRITE LAWS Event Producer understands that the songs used by its performers may be copywritten music pursuant to federal law, and, if so, that the Artist may have certain rights relative thereto. This Agreement is explicitly made subject to the artist rights under any such agreement and any applicable law or regulation, if any. To the extent that there is a conflict between any such agreement, applicable law or regulation and this Agreement, the terms of such, applicable law or regulation shall prevail. Event Producer shall defend, indemnify and save harmless City, its officers, agents, volunteers and employees, against any and all damages from any and all claims, demands, suits, actions, or proceedings of any kind of nature, including, but not by way of limitation, violations of federal copywrite laws and/or regulations or by any one whomsoever, in any way resulting from or arising out of Event Producer's acts or omissions in connection with this Agreement, including acts or omissions of subcontractors and acts or omissions of employees or agents of Event Producer or its subcontractors. 18. LICENSES Event Producer 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. Event Producer shall notify the City 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. 256-26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager RECOMMENDED FOR APPROVAL: EVENT PRODUCER David N. Ream City Manager N=ive Entertainment By: Saul Garcia 10 25G -27 OPERATIONAL CONDITIONS EXHIBIT A Set up conditions — As stipulated in the Service Agreement a. MXLive Entertainment shall provide all necessary equipment, resources and manpower to develop and produce the Event as agreed to in the Service Agreement. b. Street closures for the carnival will begin Thursday, September 16, from 6:00 p.m. through 10:00 p.m., and may resume on Friday, September 17 no earlier than 8:00 a.m. c. Street closures for the remainder of the festival boundaries will begin Friday, September 17 at 6:00 a.m. with the exception of Main Street and Broadway which will close at 8 p.m. on Friday, September 17. d. "No Parking" signage must be posted on those portions of the street that will be affected by the closure 24 hours in advance of the event. Said posting shall be conducted by City staff and reimbursed by MXLive Entertainment. e. MXLive Entertainment shall pay for the set up of traffic control for the event; barricaded streets are to be staffed by private security maintaining traffic control setup during the event as approved by the City's Risk Management Division following the specification of the City's Public Works Agency's Traffic Division; tear down of traffic control at the end of the event. 2. Trash as stipulated in the Service Agreement a. MXLive Entertainment will maintain continuous litter control during the entire Event to include: i. Maintain a professional cleaning crew during all open times of the event. MXLive Entertainment shall not allow trash to accumulate on the streets & sidewalks at any time during the event. ii. Maintain dumpsters strategically placed throughout the event boundaries to contain trash from the event. Dumpsters shall be placed to avoid the front of establishments, where possible. iii. Sufficient dumpster capacity for all trash generated during the final cleanup of the Event on Sunday evening shall be maintained for those crews. Dumpsters shall be promptly removed at the end of the event and before streets are reopened to the general public. 3. Break down conditions as stipulated in the Service Agreement a. The teardown of the festival will begin at 9:00 p.m. on Sunday, September 19, with the exception of the carnival area. b. Main and Broadway must be open to vehicular traffic no later than 6:00 a.m. on Monday, September 20. c. The entire festival boundaries must be open to vehicular traffic no later than 8:00 a.m., Monday, September 20, with the exception of the carnival area. d. The teardown of the carnival area on 3rd Street between Main and French and on Bush Street between 3rd Street and 4t' Street cannot begin until 7:00 a.m. on Monday, September 20, and must be completed and open to traffic no later than 5:00 p.m. on Monday, September 14. 1 25G -28 OPERATIONAL CONDITIONS 4. Clean up as stipulated in the Service Agreement a. Cleaning of the sidewalks in front of the lofts on Third Street and the streets within the food court areas of the festival will be steam cleaned by a contractor approved by the City. MXLive Entertainment - Promotions shall have all areas cleaned beginning Monday, September 20 and completed no later than Friday, September 17. Loft owners shall be provided 24 hours notice before sidewalks in front of the Lofts are steam cleaned. b. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). 5. Vendor /Sponsor /Food booth management — Ownership as stipulated in the Service Agreement a. Vendor/booth vehicles cannot reenter the Festival once it has started and until 10:30 p.m. on Saturday and 10:30 p.m. on Sunday night or until it is determined to be safe for the general public by the Police Department Official in charge at the Fiesta. b. All ticket sales at any booth including the Carnival must cease one hour prior to closing of the festival each night. c. All noise generated by this event shall remain within levels specified in S.A.M.C. Section 18 -132. Specifically noise levels shall not exceed 55 db between the hours of 7 a.m. to 10 p.m. and not to exceed 50 db between the hours of 10 p.m. to 7 a.m. S.A.M.C. Section 10 -153 (Loud and Raucous Notice) must be abided by all at all times. d. All booths' canopy support poles closest to the public sidewalk must be kept pushed up to the curb at all times. The front support posts cannot be placed past the gutter. e. Vendor vehicles must park in assigned locations at all times. Vendor vehicles parked in unauthorized locations will be towed at the vendor's expense. f. A 20 -foot wide fire lane must be maintained behind each stage at all times. Any vehicles blocking this area will be towed at the owner's expense. g. Vendor booths are prohibited from placing items on the public sidewalk except in those areas as approved on the official site plan, and are prohibited from attaching rear tarp or stacking merchandise that obstructs street visibility to the retail storefronts behind the booths. h. Portable fire extinguishers are required for all booths and rides. i. No tables, chairs or other items can be placed in front of the approved booth locations. j. All booths must maintain their area in a clean condition at all times. It is prohibited to dump trash, food, etc on the event grounds. It is further prohibited to dump grease anywhere, except in pre- approved containers. Failure to follow these rules will result in loss of security deposit. k. No flyers, newspapers, and/or pamphlets are to be distributed except by booth vendor or sponsor with prior city approval. 1. No speakers outside booth and no live entertainment are allowed except on the approved stages or by prior city approval. 2 25G -29 OPERATIONAL CONDITIONS m. There will be NO amplified music or vocal presentations allowed in vendor booths within the event except where previously authorized in writing by the City and on the main entertainment stage and the community stage. n. All cooking in all booths at the Fiesta must cease cooking a minimum of one hour prior to the closing of the festival each night, i.e. Saturday at 9:00 p.m., Sunday at 8:00 p.m. Vendors may not sell or give away product after the closing time of the event. o. City shall retain ownership of the complete sponsorship list to include any and all additional sponsors that are acquired during the course of this License Agreement. MXLive Entertainment - Promotions shall be required to submit, in electronic format, all records relating to the event to City. Said list shall include specific points of contact with addresses and phone numbers. p. It is prohibited to sell canned or glass beverages without City approval. q. All food booths must comply with all state health regulations at all times. r. Food vendors must obtain a California Health Permit, and must obey all health laws. s. Food vendors must have a fire extinguisher that is up to date, or vendor will not be permitted to serve food. t. No homemade gas lines or propane bottles or use of charcoal is permitted. u. All booths must have a City of Santa Ana Business License or a One -Day Peddlers License. 6. Carnival as stipulated in the Service Agreement a. Carnival can begin set up of rides at 6:00 p.m., Thursday, September 16. b. Carnival will not be allowed to store equipment prior to the set up time on City owned property and City right of way without prior city approval. c. Carnival staff will not be allowed to sleep inside the Festival boundaries. d. Carnival must supply restroom facilities for their staff during set up. e. Carnival must provide 2 state licensed uniformed guards in the carnival area overnight each day of the festival. 7. Conditions during event as stipulated in the Service Agreement a. Access must be provided for emergency vehicles at all times (Minimum 20 foot width). b. MXLive Entertainment agrees not to sell or distribute any alcohol or tobacco products during the Festival event or allow massage related vendors. c. MXLive Entertainment will pay for a standing fire watch during the entire event. d. MXLive Entertainment will pay for code enforcement during the event. e. MXLive Entertainment will pay for all police personnel needed to protect the safety of people attending the event, crowd control, etc. during the entire event. f. MXLive Entertainment will pay for all City Community Development Agency support staff, Parks and Recreation staff, and City equipment. g. MXLive Entertainment will pay for event Insurance. h. MXLive Entertainment will pay for required state licensed uniformed security staffing at the levels set by the City Police Department. Said staffing shall cover perimeter barricades, overnight security, roving patrol during the event, Federal property protection, and security for stages. The security staff shall take final direction and instruction from the City Police Department supervisor in charge of the event. i. MXLive Entertainment shall provide and pay for additional fencing and protection for the entertainment stages as determined by the City Police Department. 3 25G -30 OPERATIONAL CONDITIONS j. Event hours will be during the following time.periods: i. Saturday, September 18: 12:00 p.m. to 10:00 p.m., Carnival will end at 12:00 a.m. ii. Sunday, September 19: 12:00 p.m. to 9:00 p.m., Carnival will end at 10:00 p.m. k. The stage will be activated during the following time periods of the festival: i. Saturday, September 18: 12:00 p.m. to 10:00 p.m. ii. Sunday, September 19: 12:00 p.m. to 8:00 p.m. Entertainment on any stage is prohibited from tossing giveaways into the crowd. This also applies to the live remotes from any radio station. Artist autograph sessions are prohibited without prior city approval Final entertainment schedules are to be provided to the city two weeks prior to the scheduled festival. 4 25G -31 Fiestas de Independencia 2010 Agreement This agreement made March 24, 2010 by and between Velazquez Publishing located at 2025 S. Main Street, Santa Ana, CA 92707 and MX Live Entertainment located at 3 Hutton Centre Dr., Suite 810, Santa Ana, CA 92707. It is mutually agreed between the parties as follows: Velazquez Publishing and MX Live Entertainment hereby agree to fiirn.ish entertainment and execution of "Santa Ana's Fiestas de Independencia 2010" as follows: 1. Place of Engagement: 4th Street, Santa Ana, California 2. Dates of Engagement: Saturday and Sunday, September 18 and 19, 2010 3. Velazquez Publishing will contract and order all services needed for the production of the street festival such as: • City of Santa Ana services: police, fire, code enforcement, Community Development Agency staff, event permit, meter posting, meters, etc. • Logistics: canopies, electricity, trash cans and dumpsters, portable toilets, communications, etc. • Traffic control equipment and setup • Security services • Notice to businesses • Boarding of loft residents and their pets if requested • Steam cleaning of First American Title's parking lot, lofts' sidewalks and other areas as needed • Clean up during and after the event • Other services as needed 4. Velazquez Publishing will produce, manage and cover all costs associated with a stage at the intersection of 4th and Mortimer 5. MX Live Entertainment will produce, manage and cover all costs associated with a stage at the intersection of 4th and Broadway. 6. Velazquez Publishing and MX Live will independently cover all costs of their respective stage including: • Stage • Talent • Sound equipment • Lighting • Electrical generator • Fencing and barricades • Portable toilets and sinks (back stage) • Security 25G -32 7. MX Live has requested and will sell (36) thirty -six 10'x10' booths or spaces. Placement of booths or spaces assigned to MX Live will start near MX Live's stage at the intersection of 4th Street and Broadway and will continue Eas ton 4th Street. MX' Live's 36 booths or spaces will be located on 4"' Street between Broadway and Main Street. S. Velazquez Publishing and MX Live hereby agree to share all costs associated with the production of the street festival indicated in item 3 as follows: Velazquez .Publishing is responsible for 64% of total costs. MX Live is responsible for 36% of total costs. 9. With the exception of City of Santa Ana services, Velazquez Publishing is billed and required to pay for all services indicated in item 3 prior to the event. MX Live must pay Velazquez Publishing 36% of the total costs as follows: 50% on or before August 11, 2010, and the remaining 50% balance on or before August 27, 2010. 10. If full payment is not received by Velazquez Publishing on or before August 27, 2010, this contract is null and void. 11. Velazquez Publishing and MX Live hereby agree to share all City of Santa Ana costs associated with the production of the street festival and parade as follows: Velazquez Publishing is responsible for 64% of the City's costs. MX Live is responsible for 36% of the City's costs. The City of Santa Ana will independently execute contracts with Velazquez Publishing and MX Live. The City of Santa Ana will independently bill Velazquez Publishing and MX Live after the event. 12. Revenue generated from parade participating sponsors contracted by either Velazquez Publishing or MX Live will be used to offset the City of Santa Ana parade costs. The balance will be shared by Velazquez Publishing and MX Live as indicated in item 11. 13. Carnival revenue will be shared as follows: Velazquez Publishing will pay MX Live 36% of the revenue as soon as it is received from the carnival operator. 14. Advertising will be discretionary. MV Live is not required to share the cost of Velazquez Publishing's advertising expenses. Velazquez Publishing is not required to share the cost of MX Live's advertising expenses. 15. MX Live Entertainment has agreed to honor Velazquez Publishing's revenue from past years' sponsors. In the event MX Live can generate higher revenue from Velazquez Publishing's previous sponsors, MX Live will pay Velazquez Publishing an amount equal to that sponsor's previous years' contribution. Velazquez Publishing's past sponsors can be found in 2008 and 2009 promotional materials. By: G cia MX Live Entertainment r` By. Ser o Velazquez, . resident Velazquez Publishing 25G -33 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: LEGAL SERVICES AGREEMENT WITH THE SOHAGI LAW GROUP CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .... enww, ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2nd 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 a legal services agreement with the Sohagi Law Group. DISCUSSION The City Attorney's Office provides legal services to the City, its officials and employees, and related entities such as the Redevelopment Agency and the Housing authority primarily through staff attorneys. However, it is sometimes necessary to retain outside counsel for specialized fields of practice and matters that have extraordinary staffing requirements. Due to a number of pending legally complex and time consuming development matters, including the Transit Zoning Code and EIR, the related Redevelopment Agency affordable housing project in the Lacy Neighborhood, and the Go -Local transportation studies, there is a need to retain attorneys with specialized skills in the areas of land use, zoning and environmental law. The Sohagi Law Group, headed by Margaret Sohagi, is a renowned public agency firm with the resources and skills to assist the City Attorney's Office and City and Redevelopment Agency staffs to prepare the highest quality work products within the restrictive time schedule that the projects have imposed that will best protect the City's legal interests. 25H -1 Legal Services Agreement The Sohagi Law Group April 5, 2010 Page 2 Margaret Sohagi is a recognized authority on the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), climate change and land use planning. For the past 20 years, Ms. Sohagi has represented only public agencies in complex, high profile land use and environmental transactional and litigation matters. Ms. Sohagi is also an Adjunct Professor of Land Use Law at USC Law School, a state -wide instructor in environmental law, and an instructor for the Judicial Council of California where she teaches introductory and advanced CEQA courses to Superior, Appellate, and Supreme Court Judges and court attorneys. She is AV -rated for highest professional excellence and ethical standards and is listed in Martindale Hubbell's Register of Preeminent Lawyers and is also a member of the California Planning Roundtable. The firm will apply a maximum billing rate of $325 per hour for attorneys assigned matters by the City Attorney. FISCAL IMPACT Funds are available in the Tax Increment Housing Set Aside Station District Fund(account no. 50718830- 66220 - 00834001138). APPROVED AS TO FUNDS AND ACCOUNTS: Joseph W. Fletcher Francisco Gutierrez City Attorney Executive Director Finance & Management Services Agency 25H -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: CONDITIONAL USE PERMIT NO. 2010-01 AND VARIANCE NO. 2010-02 TO ALLOW A REDUCTION IN PARKING FOR A PROFESSIONAL TRADE SCHOOL AT 500 WEST SANTA ANA BOULEVARD — CORINTHIAN COLLEGES, INC., APPLICANT 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 Receive and file the staff report approving Conditional Use Permit No. 2010 -01 as conditioned and Variance No. 2010 -02 as conditioned. PLANNING COMMISSION ACTION On February 22, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010 -01 as conditioned and adopted a resolution approving Variance No. 2010 -02 as conditioned by a vote of 5:0 (Turner absent) to allow a proposed professional trade school and a reduction in parking for Corinthian Colleges, Inc. at 500 West Santa Ana Boulevard located in the Professional (P) zoning district. 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. Lt Jaj,QJrevino Executive Director Planning & Building Agency SK:rb sk \reports \cup10 -01va10 -02 Corinthian College= Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 22, 2010 TITLE: PUBLIC HEARING — FILED BY CORINTHIAN COLLEGES, INC. FOR CONDITIONAL USE PERMIT NO. 2010-01 AND VARIANCE NO. 2010 -02 TO ALLOW A REDUCTION IN PARKING FOR A PROFESSIONAL TRADE SCHOOL AT 500 WEST SANTA ANA BOULEVARD Prepared by Sergio Klotz Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO PlannincjJManager Adopt a resolution approving Conditional Use Permit No. 2010 -01 as conditioned. 2. Adopt a resolution approving Variance No. 2010 -02 as conditioned. DISCUSSION Request of Applicant Terri Lee with H. Hendy Associates, on behalf of Corinthian Colleges, Inc., is requesting approval of Conditional Use Permit No. 2010 -01 and Variance No. 2010 -02 to allow a proposed professional trade school and a reduction in parking for Corinthian Colleges, Inc. located at 500 West Santa Ana Boulevard. Property Description The project site is approximately two acres in size and is occupied by a four -story office building with approximately 39,516 square feet. A total of 258 parking stalls are currently provided within a parking garage immediately to the south of the office building. The parcel is located within the Professional (P) zoning district and has a General Plan land use designation of Professional and Administrative Office (PAO). The site is located on the southwest corner of Ross Street and Santa Ana Boulevard. Surrounding land uses include residential to the south, commercial to the east (downtown), professional offices to the west and the Civic Center Plaza to the north (Exhibits 1 and 2). Proiect Description The applicant is proposing to allow a professional trade school to occupy the entire office building. Corinthian Colleges, Inc. is proposing both classroom facilities along with administrative offices within the existing building (Exhibits 3 and 4). EXHIBIT A 31A-3 CUP No. 2010 -01 and VA No. 2010 -02 February 22, 2010 Page 2 Corinthian Colleges, Inc. is one of the largest postsecondary education companies in North America offering diploma programs and associate's, bachelor's and master's degrees in a variety of occupational areas. These areas include healthcare, transportation technology and maintenance, criminal justice, business, information technology and construction trades. It operates numerous campuses throughout North America including the City of Anaheim offering career - focused programs to adult learners. Classes are conducted at the project site along with hands -on instruction for particular subjects. A total of 25,618 square feet of administrative office and 13,898 square feet of classroom will be used for the school. The maximum student enrollment is estimated to be 975 students and 71 staff members. Class schedules are proposed in four shifts during the week: shift one will be scheduled from 6:00 a.m. to 10:00 a.m.; shift two will be scheduled from 10:00 a.m. to 2:00 p.m.; shift three will be scheduled from 2:00 p.m. to 6:00 p.m.; and shift four will be scheduled from 6:00 p.m. to 10:45 p.m., Monday through Friday. Approximately 10 percent of the students would attend classes on Saturdays. A total of 424 parking spaces are require( provided within a parking structure on -site. allow a reduction in the required off - street conducted and is attached as Exhibit 5. Analysis of the Issues Conditional Use Permit for the proposed project while 258 parking spaces are The applicant has applied for Variance No. 2010 -02 to parking for the proposed project. A parking study was Trade schools are allowed within the Professional (P) zoning district with an approved conditional use permit. The applicant is requesting approval of the conditional use permit to allow a professional trade school that primarily focuses on medical, business, accounting, criminal justice and paralegal training. The proposed school will provide a service to residents of the City of Santa Ana and surrounding communities. The conditional use permit process allows the City to thoroughly review the project and address potential impacts. The proposed site is currently developed with a professional office building and parking structure and is surrounded primarily by similar commercial development, along with residential to the south and the Civic Center government offices and the downtown commercial district. The allowance of the proposed professional school will help to inject a large number of potential customers into the downtown while filling a void between the civic center and downtown. The location of the proposed school could help to provide a link between the civic center and the downtown shops and restaurants by creating a large professional population that currently does not exist. 31A-4 CUP No. 2010 -01 and VA No. 2010 -02 February 22, 2010 Page 3 The school use would provide an additional educational opportunity within a professional career path. Additionally, much of the schools focus will be on professions currently found within the immediate surrounding community. Its location in close proximity to the County, State and Federal judicial system, as well as the professional office setting including medical practices provides an ideal site to teach and train students in the related fields. In order to ensure that the school use does not create any negative impacts on the surrounding area, conditions have been included to mitigate any potential problems. Security, parking and class schedules are addressed to minimize the possibility of the school affecting the surrounding community Variance The applicant has requested a reduction in the required parking typically assigned to trade schools. The parking structure provides a total of 258 parking spaces, while the Santa Ana Municipal Code requires 424 spaces. A variance allows an applicant to reduce parking based on demonstration that the municipal code requirements should be lessened based on the applicant's proposed use and operation. To provide an impartial analysis, a professional engineering consultant was hired to conduct an examination of the parking needs. The parking study and analysis completed by the consultant provides an evaluation of the parking needed for the school, the existing parking structure on -site and the city's parking requirement. The following is a summary of the parking study evaluation, findings and recommendations: • The school use will occupy the entire building with 15 classrooms totaling 13,898 square feet of classroom and 25,618 square feet of office area. • A 258 space parking structure exists adjacent to the office building. • The facility will operate Monday through Friday, with class sessions conducted between the hours of 6:00 a.m. and 10:45 p.m. Monday through Thursday, and between 6:00 a.m. and 6:00 p.m. on Friday. Classes are also proposed on Saturdays. • Class schedules are proposed in four shifts during the week; the first shift would operate from 6:00 AM to 10:00 a.m., the second shift from 10:00 a.m. to 2:00 p.m., the third shift from 2:00 p.m. to 6:00 p.m., and the fourth shift from 6:00 p.m. to 10:45 p.m. • The maximum student enrollment is estimated at 975 students, with 71 staff members. Approximately 10 percent of the student population would attend the Saturday classes, reducing the weekday student population by 98 students. The adjusted weekday population would be approximately 878 students, split between the four class shifts. 31A-5 CUP No. 2010 -01 and VA No. 2010 -02 February 22, 2010 Page 4 Per the City of Santa Ana parking requirements, a total of 424 spaces are required for 13,898 square feet of classroom area and 25,618 square feet of office area. Per the City's parking requirement, a deficit of 166 parking spaces exists. Educational Institution parking requirements for a number of other cities in Orange and Los Angeles County were obtained and compared with the City of Santa Ana parking requirements. The City of Alhambra, City of Anaheim and City of Gardena, all of which have Everest College campuses similar to the one proposed in Santa Ana, have lower parking requirements than the City of Santa Ana. However, even for some of the cities that have a lower parking requirement, the 258 -space parking structure still would not meet the parking requirement. The class schedule and attendance assumes that, at peak operation, the greatest number of students attending classes at any one time would be 307 students, during the evening class shift, with 36 staff members. Approximately 19 percent of the student base will be non - drivers. Applying the nondriver assumption, if the evening class is at maximum enrollment and all students are in attendance, there would be 249 students who drove to the site for the evening class plus the 36 staff members. At maximum enrollment and 100 percent attendance, the parking supply of 258 spaces in the parking structure would be deficient by 27 spaces, compared to the peak demand. The project applicant has identified available additional parking in the Civic Center area within the vicinity of the project site. The additional parking, totaling 148 stalls in the Civic Center area will not provide sufficient parking to meet the City's parking requirement but potentially alleviate some on -site parking congestion. A queuing analysis was conducted to evaluate entry conditions. For a worst -case analysis, it was assumed that all arriving students in the maximum class session would arrive during the half hour before the start of the class. Based on this analysis, to avoid an inbound queue at the structure entrance that backs onto the public street, it is recommended that the entry procedures and equipment for the parking structure be designed so that the duration of the entry transaction is less than five seconds during peak arrival periods. A quicker entry transaction could be accomplished with an electronic pass card system, a parking permit displayed on the vehicle, or a ticket entry/pay on departure system. Queuing conditions at the entrance could be alleviated by providing 10 to 15- minute breaks between class shifts, and /or staggering class start times. Implementing measures to encourage alternative travel modes and reduce single- occupant vehicles would also alleviate queuing and parking demand. M_I�Q� CUP No. 2010 -01 and VA No. 2010 -02 February 22, 2010 Page 5 19 percent of the student population is non - driving, and therefore use an alternative method of commuting such as bicycling, ride - sharing and using public transit. The project site and vicinity is well developed with sidewalks, crosswalks and pedestrian pushbuttons to accommodate the movement of pedestrians between the bus stops and the building. The applicant should provide a transit information area in the lobby of the building, where students can pick up current bus route schedules and maps, and should consider providing transit passes at a reduced rate to encourage transit ridership. Based on the analysis, parking on -site is not sufficient to fully provide the needed parking for the school use. Although 424 spaces are required by SAMC, the study concludes that a total of 285 spaces are needed. The parking structure contains 258 parking stalls and therefore, 27 additional parking spaces will need to be provided off -site. The applicant has been working with several properties within the immediate downtown area to secure the 27 parking spaces. The concept of utilizing parking within the downtown /civic center area is not unusual and to some extent parallels the practice used in suburban shopping centers. Parking can be shared between uses, either because of differing operational hours or the fact that customers park once to shop or visit throughout the downtown and civic center areas. Further, as a result of the study several conditions of approval are requested to ensure that the operation of the school use does not adversely affect the surrounding areas. In general, these conditions relate to: • Securing additional parking off -site; • Class schedules offer a 20- minute break between ending and starting; • Implement appropriate measures to reduce vehicle queuing at parking structure; • No public parking within parking structure; • Provide transit alternatives including reduced bus passes, carpool matching and convenient bike racks; and Additionally, because of the late night operation of the school, the Police Department has recommended an evening security service. Lastly, the parking for the project is directly tied to the specific floor plan submitted. Any future expansion of the school use or deviation from the approved floor plan resulting in a higher parking demand would require a re- evaluation of the conditional use permit and variance by the Planning Commission. The issuance of a conditional use permit will allow a professional trade school to provide educational opportunities for residents of the City as well as those within the surrounding communities while providing additional potential customers to the area. Staff has analyzed the project and has determined that the project will create minimal impacts to the surrounding properties. The request for a reduction in parking through Variance No. 2010 -02 has been analyzed and with conditions can be accommodated and ensure the school will not negatively impact adjacent properties. Therefore, staff recommends approval of Conditional Use Permit No. 2010 -01 and Variance No. 2010 -02 as conditioned. 31A-7 CUP No. 2010 -01 and VA No. 2010 -02 February 22, 2010 Page 6 CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301(a). This Class 1 exemption allows existing facilities that will undergo minor interior alterations and are consistent with all applicable General Plan designations. Categorical Exemption Environmental Review No. 2009 -179 will be filed for this project. skVeports%cup1O- O1va10 -02 Corinthian College.pc 31A-8 F Rl R1 R1 R1 R1 R2 R2 I R1 R1 R1 R3 R3 Al GENERAL AGRICULTURAL -B PARKING MODIFICATION C -SM COMMERCIAL SOUTH MAIN C1 COMMUNITY COMMERCIAL C1 -MD COMM. COMMERCIAL-MUSEUM DISTRICT C2 GENERAL COMMERCIAL C3 CENTRAL BUSINESS C3 -A CENTRAL BUSINESS - ARTIST VILLAGE C4 PLANNED SHOPPING CENTER C5 ARTERIAL COMMERCIAL a 0 R2 R2 R2 P R2 R2 R2 R2 P u R3- XD u Mimi s3 j SP-3 SP-3 t fl s9 SP -3 El SD- SP-3 75 SP-3 — SP -3 CR COMMERCIAL RESIDENTIAL GC GOVERNMENT CENTER M1 LIGHT INDUSTRIAL M2 HEAVY INDUSTRIAL MO MILITARY OPERATIONS O OPEN SPACE P PROFESSIONAL PCD PLANNED COMMUNITY DEVELOPMENT PRD PUNNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R4 RE SD SP 1 iP -3 fip ;P-3 w ro av .R A l =Pp Rr 2 C.o 2 PR P R2 R2 rL .wo3il SD R2+D, C3 a C3 C2 C2 C2 Jlgl JI .Mdl -NDI DII RDII C2 q C3 -�� SD -37 R2 C2 R2 ,2 � C2+Ial C2ylon io��u xqI RDII O R2 R2 FU L C2 R3 AEF-E-1 R3 J R EH EM Q R3 -_ R3 D R3 R3 R2 P7- RI Rt fl1 2 R2 R2 I 0A2 R1 R1 F J R2 RI R1 R1 J FIRR2 R1 Rl ' R1 R1 SINGLE- FAMILY RESIDENCE TWO- FAMILY RESIDENCE MULTIPLE- FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN CUP 10 -1NA 10 -2 CORINTHIAN COLLEGES, INC. 500 WEST SANTA ANA BLVD. 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 31A-9 iksil_dli� THIRD I- W W I- N N N O Ix OFFICES FIFTH ST. RONALD REAGAN FEDERAL COURTHOUSE FOURTH ST. C O M M E R A L SURFACE PARKING PARKING STRUCTURE STREET CUP 10 -1 NA 10 -2 CORINTHIAN COLLEGES, INC. 500 WEST SANTA ANA BLVD. 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 31 A -11 31 A -12 140'{1718" co R r \ \ Hill \ lip \ � y > g\ m \ . i - �° S 1 mm > �> R 8�R ROSS STREET .1N 'its V A N NESS � T R r C T w ° r, n? U :a 17 11 MELnLSitl C --I azn ., u I 41 ,1 v 000000 6 � : ;n Al ME �• ace ,t'n � tac eoae c i w� — — 77 7 9 — — 1 s ae R ��. of Y� / ROSS STREET nn S� k> 1R 00 11 d;F II s cn (1 c� CUP 10- 1NA10 -2z 3 XHIBIT 3 d 1 > 9 ; ilE 44 O o ! F Fp e d CUP 10- 1NA10 -2z 3 XHIBIT 3 d 31A -14 L I CUP 10-1 NAl 0-2 EXHIBIT 4 31 A -15 0 .2 0 0 4) .91;g I i 24. gac t zz I t as CUP 10-1 NAl 0-2 EXHIBIT 4 31 A -15 0 .2 0 0 4) .91;g I i iks F.AI5114011�, Parking Study for the: CORINTHIAN COLLEGE IN THE CITY OF SANTA ANA Prepared for The City of Santa Ana Kimley -Horn and Associates, Inc. February, 2010 CUP 10- 1NYA10 -2 EXHIBIT 5 PARKING STUDY FOR THE CORINTHIAN COLLEGE IN THE CITY OF SANTA ANA Prepared for: The City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92702 Prepared by: Kimley -Horn and Associates, Inc. 765 The City Drive, Suite 400 Orange, California 92868 714 - 939 -1030 February, 2010 © Kimley -Hom and Associates, Inc. 31 A -18 PARKING STUDY FOR THE CORINTHIAN COLLEGE IN THE CITY OF SANTA ANA TABLE OF CONTENTS INTRODUCTION................................................................................................ ..............................1 PROJECT DESCRIPTION .................................................................................. ..............................1 ExistingProject Site ......................................................................................... ............................... l ProposedProject ............................................................................................... ..............................3 CITY OF SANTA ANA PARKING REQUIREMENTS ................................... ..............................3 City Parking Requirements for Proposed Project ............................................ ..............................3 PARKINGANALYSIS ........................................................................................ ..............................7 Parking Requirement Comparison ................................................................... ..............................7 Observationof Similar Sites ............................................................................. ..............................7 AlhambraCampus ........................................................................................ ..............................7 AnaheimCampus ......................................................................................... .............................10 GardenaCampus .......................................................................................... .............................10 ResedaCampus .......................................................................................... ............................... I 1 EstimatedParking Demand ............................................................................. .............................12 ADDITIONALPARKING .................................................................................. .............................15 QUEUINGANALYSIS ...................................................................................... .............................17 SITE ACCESS AND CIRCULATION ............................................................... .............................18 SiteAccess ....................................................................................................... .............................18 Parking Structure Circulation .......................................................................... .............................18 PedestrianCirculation .................................................................................. .............................18 VehicularCirculation ................................................................................... .............................19 ALTERNATIVE TRAVEL MODES .................................................................. .............................19 Bicylce .............................................................................................................. .............................19 Ride -share ........................................................................................................ .............................20 Transit............................................................................................................... .............................20 SUMMARY OF FINDINGS AND RECOMMENDATIONS ........................... .............................22 LIST OF FIGURES FigureI — Site Plan ............................................................................................... ..............................2 Figure 2 — Proposed Floor Plan ....................... ............................... .................4 .... ............................... Figure 3 — Available Parking in Civic Center Area ............................................ .............................16 LIST OF TABLES Table 1 — Corinthian College Population ............................................................. ..............................5 Table 2 — Summary of Parking Requirements and Parking Provided for Future Conditions ........... 6 Table 3 — Summary of City Parking Requirements for Educational Institutions ..............................8 Table 4 — Summary of City Required Parking ..................................................... ..............................9 Table 5 — Summary of Comparable Campuses ................................................... .............................14 ATTACHMENTS ATTACHMENT A — City of Santa Ana Municipal Code — Chapter 41 (Applicable pages) ATTACHMENT B — Queuing Analysis Worksheet mire PARKING STUDY FOR CORINTHIAN COLLEGE IN THE CITY OF SANTA ANA INTRODUCTION This report has been prepared to evaluate the parking requirements, queuing, and site circulation for the proposed Corinthian College. The proposed Corinthian College will occupy an existing 39,516- square -foot office building, located at 500 West Santa Ana Boulevard in the Civic Center area in the City of Santa Ana. A 258 -space parking structure is also located on the site, adjacent to and south of the building. The facility will become part of the Everest College campuses. The current parking supply will not provide enough parking to meet the City of Santa Ana Parking Code requirements. This study has been prepared to determine whether or not the parking supply will be adequate to meet the needs of the proposed Corinthian College operation. The applicant is pursuing the opportunity to use additional parking, if needed, at three off -site locations in the Civic Center area. Queuing at the entrance to the parking structure, and site circulation for vehicles and pedestrians will also be evaluated. PROJECT DESCRIPTION Existing Project Site The project site is located on the west side of Ross Street, between Santa Ana Boulevard and and Street. The site is a vacant office building totaling 39,516 square feet, with an adjacent parking structure. A site plan depicting the existing site is presented on Figure 1. The adjacent four -level parking structure provides 258 parking stalls. The parking structure is accessed from 3rd Street. Currently, the on -site parking structure is used as paid public parking for the adjoining building (the proposed Corinthian College) and the surrounding buildings in the Civic Center area. The cost to park is $1.50 for up to one hour, $6 for all day, and $45 for a monthly pass. The parking structure is monitored by an attendant. The attendant collects the money from each driver on the way into the structure based on the amount of time the driver intends to park, gives the driver a time - stamped ticket, and theft checks the ticket on the way out to ensure the proper amount was paid. Pedestrian access from the parking structure to the building is provided in a number of locations. Corinthian College - 1 - February, 2010 Parking Study 31A-21 N NOT TO SCALE FIGURE 1 SITE PLAN W. 3rd. STREET W W CD 0 w BCD _ 2 _ Kimley —Horn and Associates, Inc. 31A-22 Proposed Project Corinthian College proposes to utilize the entire building, with 15 classrooms totaling 13,898 square feet of classroom floor area and 25,618 square feet of office area. A copy of the proposed project floor plan is provided on Figure 2. The facility will operate Monday through Friday, with class sessions conducted between the hours of 6:00 AM and 10:45 PM Monday through Thursday, and between 6:00 AM and 6:00 PM on Friday. Classes are proposed on Saturdays; however, a class schedule has not yet been established. Class schedules are proposed in four shifts during the week; the first shift would operate from 6:00 AM to 10:00 AM, the second shift from 10:00 AM to 2:00 PM, the third from 2:00 PM to 6:00 PM, and the fourth shift from 6:00 PM to 10:45 PM. The maximum student enrollment is estimated at 975 students, with 71 staff members. Approximately 10% of the total student population would be Saturday students, reducing the weekday student population by 98 students. The adjusted weekday population would be approximately 878 students, split between the four class shifts. Table l summarizes the proposed breakdown of the weekday student and staff population by shift for Corinthian College. CITY OF SANTA ANA PARKING REQUIREMENTS The City of Santa Ana parking requirements are contained in Chapter 41, Article XV of the City's Municipal Code, which specifies the City's off-street parking requirements for a variety of land uses. A copy of relevant sections of Chapter 41, Article XV is provided as Attachment A. City Parldng Requirements for Proposed Project The City's parking code requirements for the use proposed for Corinthian College are the following: Sec. 41-1402. Colleges, trade schools, business schools and adult education facilities • 1 space per 40 square feet of classroom floor area (25 spaces per thousand square feet), plus • 1 space per 333 square feet of office floor area (3 spaces per thousand square feet). Table 2 summarizes the parking requirements per city code for the proposed Corinthian College. Per the city's parking code, a total of 424 spaces would be required for 13,898 square feet of classroom area and 25,618 square feet of office area. Per the City's parking requirements, there would be a deficit of 166 parking spaces. Corinthian College - 3 - February, 2010 Parking Study 31A-23 t E LL 2 LL 31A-24 ky g IL 0 0 J IL G N W W 0 Cit ca MO t� �a a C 0 v TABLE 1 CORINTHIAN COLLEGE POPULATION Occupants Weekday Population' Shift I (6:OOAM- 10:OOAM) Shift 2 I (10:00AM- 2:OOPM) Shift 3 I (2:OOPM- 6:OOPM) Shift 4 I (6:OOPM- 10:45PM) Students 263 263 44 307 Staff 36 36 36 36 Total 299 299 80 343 ' Adjusted Population is based on the following assumptions: (a) Student population distribution will be 30% for Shift 1, 30% for Shift 2, 5% for Shift 3, and 35% for Shift 4. (b) Staff population distribution will be 50% for all shifts. Corinthian College - 5 - February, 2010 Parking Study TABLE 2 CORINTHIAN COLLEGE SUMMARY OF PARKING REQUIREMENTS F- Use Unit Quantity Parking Code' Required Parkin Educational - Classroom Floor Area KSF 13.898 25 347 Educational - Office Area KSF 25.618 3 77 TOTAL Parking Required 424 TOTAL Parking Provided 258 Parking Excess (Shortfall) (166) I Source: City of Santa Ana Municipal Code Corinthian College - 6 - February, 2010 Parking Study lki PARKING ANALYSIS Parldng Requirement Comparison Educational Institution parking requirements for a number of other cities in Orange and Los Angeles County were obtained and compared with the City of Santa Ana parking requirements. The cities are identified on Table 3 along with the parking requirement set forth in each City's Municipal Code. Some city parking requirements for educational institutions are based on square footage, similar to the City of Santa Ana parking code; others are based on student and staff population. The parking supply that would be required for the Corinthian College project based on the parking requirement for each city is summarized on Table 4. Parking requirements for those cities that are based on student and staff population are calculated based on the maximum attendance in the peak period, which would be approximately 307 students and 36 staff as summarized on Table 1. As shown on Table 4, the parking requirement for each of the cities is lower than the City of Santa Ana, with the exception of the City of Buena Park. The City of Alhambra, City of Anaheim, and City of Gardena, all of which have Everest College campuses similar to the one proposed in Santa Ana, have lower parking requirements than the City of Santa Ana. However, even for some of the cities that have a lower parking requirement, the 258 -space parking structure still would not meet the parking requirement. Observation of Similar Sites Four existing Corinthian College campuses were identified in Orange and Los Angeles Counties. The campuses identified operate as Everest College and are located in Alhambra, Anaheim, Gardena, and Reseda. Each campus was observed on a typical operating day. Alhambra Campus The Alhambra Everest College campus is a stand -alone building consisting of 19,289 square feet of office space and 19,248 square feet of instruction floor area. The campus is located on the northwest corner of the intersection of Mission Road and Date Avenue in the City of Alhambra, California. There are 560 students and 56 staff members at this site. The campus operates from 6:00 AM to 10:45 PM Monday through Thursday, and from 6:00 AM to 5:00 PM on Friday. The campus is closed on the weekends. The parking for the campus consists of a 156 -stall surface parking lot located behind the building. A small visitor parking lot with 10 stalls is located at the front of the building. A total of 166 parking spaces are provided. Vehicular access to the campus is provided via one two -way gated driveway on Date Avenue, and one two -way driveway and one outbound -only driveway on Mission Road. Corinthian College - 7 - February, 2010 Parking Study TABLE 3 SUMMARY OF CITY PARKING REQUIREMENTS FOR EDUCATIONAL INSTITUTIONS City/Jurisdiction Descri lion of Use Parking Requirement Alhambra Professional, technical and vocational I space per 125 SF of GFA schools Anaheim Educational Institutions- Business 0.82 space per student, or 20 spaces per 1,000 SF of GFA for instructional area, whichever results in a greater number of spaces plus 4 spaces per 1,000 SF of GFA for office area Buena Park College, University, Vocational, Business, 33 spaces per 1,000 SF classroom, lab, or instructional area, plus or Trade School 4 s ce 1000 SF office or administration area Costa Mesa Trade schools; business colleges; dancing 10 spaces per 1,000 SF and music academies Fountain Valley Trade and business schools 1 space per student Gardena Trade schools 1 space per 50 SF of gross classroom area, plus plus 1 space per employee Glendale Schools, private specialized education and 28.6 spaces per 1,000 SF of floor area used for instruction training Huntington Beach School, Public or Private Trade Schools, 1 space per 35,000 SF of instructional area Music Conservatories Irvine College 0.5 space per faculty member and employee, plus 1 space per 3 students Laguna Niguel Trade School, Business College, 1 space per 3 student classroom capacity, plus Commercial School I space per faculty or employee Orange Trade School, Business School, Adult 1 space per 35,000 SF of instructional area GFA Education San Clemente Business/Professional/Trade 1 space per staff, plus I space per 2 students Stanton Trade School, Business School, Adult 1 space per classroom, plus Education 1 space per 5 students Tustin Colleges/Universities 1 space per 3 students GFA = Gross Floor SF= Square Feet Corinthian College - 8 - February, 2010 Parking Study TABLE 4 SUMMARY OF CITY REQUIRED PARKING Buildin / Use Unit Quantity/ Capacity Parking Code Required Parkin City of Santa Ana Educational - Classroom Floor Area Educational - Office Area KSF KSF 13.898 25.618 25 3 347 77 TOTAL Parkin Re red 2 Ci of AUtambrs Educational - Classroom Floor Atea KSF 13.898 8 111 Educational - Office Area KSF 25.618 8 205 TOTAL Parking Required 316 City of Anaheim Educational - Instructional Floor Area KSF 13.898 20 278 Educational - Office Area KSF 25.618 4 102 TOTAL Parking Required 380 City of Buena Park Educational - Classroom Floor Area KSF 13.898 33 459 Educational - Office Area KSF 25.618 4 102 TOTAL Parkin Re mired 1 561 City of Costa Mesa Educational - Instructional Floor Area KSF 13.898 10 139 Educational - Office Area KSF 25.618 10 256 TOTAL Parking R uired 395 City of Fountain Valle Educational- Student Student 307 1 307 Educational - Facult /Em to ee Staff 36 TOTAL Parkin Re uired 307 City of Gardena Educational - Classroom Floor Area KSF 13.898 1 20 278 Educational - Employees Staff 1 36 1 1 36 TOTAL Parking Required 314 City of Glendale Educational - Instructional Floor Area KSF 13.898 1 29 397 Educational - Office Area KSF 25.618 TOTAL Parkinx Required 397 City of Huntington Beach and City of Orange Educational - Instructional Floor Area KSF 13.898 28.6 397 Educational - Office Area KSF 25.618 TOTAL Parkinz Required 397 City of Irvine Educational- Students I Student 1 307 0.33 102 Educational - Faculty/Employ I Staff 1 36 0.5 18 TOTAL Parking Required 120 City of La una Niguel Educational - Student Classroom Capacity Student 307 0.33 102 Educational - Faculty/Employee Staff 36 1 36 TOTAL Parking Re uired l38 City of San Clemente Educational - Students Student 307 0.5 154 Educational - Faculty/Employee Staff 36 1 36 TOTAL Parkin R aired 1 190 City of Stanton Educational - Students Student 307 0.2 61 Educational - Classrooms Rooms 15 1 15 TOTAL Parkin Required 76 Ci of Tustin Educational - Students Student 307 0.33 102 Educational - Faculty/Employee Staff 36 Parkin TOTAL Re mired 702 Student quantities are based upon the maximum attendance in the peak period. Corinthian College - 9 - February, 2010 Parking Study Parking was observed during typical operation on a weekday morning when the first class shift was in session. At the time of observation, during the morning class session, the parking demand was less than 100 spaces, and parking spaces were available in close proximity to the building. Anaheim Campus The Anaheim Everest College campus is a stand -alone building consisting of 13,016 square feet of office space and 12,383 square feet of instruction floor area. The campus is located on the northwest comer of the intersection of Brookhurst Street and Crescent Avenue in the City of Anaheim, California. There are 871 students and 64 staff members at this site. The campus operates from 6:00 AM to 9:50 PM Monday through Thursday, and from 6:00 AM to 5:00 PM on Friday. The campus is closed on the weekends. The parking for the campus consists of a surface parking lot located along all sides of the building, and in an auxiliary lot at the back of the building. A total of 239 parking spaces are provided. Seventeen spaces are marked as reserved for a medical office suite located in the same building. Vehicular access to the campus is provided via one two -way driveway on Brookhurst Street, and a two -way driveway on Crescent Avenue. Parking was observed during typical operation on a weekday when class was in session. At the time of observation, midday, the parking demand was approximately 150 spaces. Parking spaces were available in close proximity to the building, and the auxiliary parking area was 80% empty. Gardena Campus The Gardena Everest College campus is located in the Gardena Medical Plaza and consists of 15,471 square feet of office space and 15,130 square feet of instruction floor area. The campus is located on the northwest corner of the intersection of Redondo Beach Boulevard and New Hampshire Avenue in the City of Gardena, California. There are 750 students and 71 staff members at this site. The campus operates from 6:00 AM to 10:00 PM Monday through Thursday, and from 6:00 AM to 5:00 PM on Friday. The campus is closed on the weekends. The parking for the campus consists of a 61 -stall surface parking lot located adjacent to the Gardena Medical Plaza. Adjacent to the surface parking lot is a parking structure. In addition to serving the Gardena Medical Plaza, the parking structure also serves the Hustler Casino located across the street; the third and roof levels are reserved for the casino. The parking structure provides 119 stalls for Everest College on the first and second levels; of the 119- stalls, 11 are handicap accessible and 42 are 2 -hour limit. A total of 189 monthly parking stalls are located sub - ground in the parking structure which is enforced by a lift -arm at the entrance. Monthly parking spaces are assigned by numbers, but it is difficult to determine which Garden Medical Plaza occupants utilize the stalls. Corinthian College _10- February, 2010 Parking Study Vehicular access to the campus is provided via one inbound -only driveway on Berendo Avenue (West of New Hampshire Avenue), one two -way driveway on Redondo Beach Boulevard with right- in/right -out only access, and one two -way driveway on New Hampshire Avenue. Parking was observed during typical operation on a weekday when class was in session. At the time of observation, midday, parking utilization was heavy. Parking spaces were mostly unavailable on the surface lots as well as the parking structure. Reseda Campus The Reseda Everest College campus is located in the Kaiser Hospital building and consists of 16,351 square feet of office space and 15,094 square feet of instruction floor area. The campus is located on the southeast corner of the intersection of Sherman Way and Lindley Avenue in the City of Reseda, California. There are 852 students and 76 staff members at this site. The campus operates from 6:00 AM to 10:45 PM Monday through Thursday, and from 6:00 AM to 6:00 PM on Friday. The campus is closed on the weekends. The parking for the campus consists of a surface parking lot located behind the building. A total of 129 parking spaces are reserved for Everest College. Vehicular access to the campus is provided via two two -way driveways on Lindley Avenue, and one outbound only driveway on Sherman Way. Parking was observed during typical operation on a weekday when class was in session. The 129 parking spaces are not enough to meet the needs of the facility. At the time of observation, during the midday session, no Everest Reserved parking stalls were available; vehicles were observed double - parked while they waited for parking, and other vehicles circled the parking lot searching for an empty Everest Reserved stall. Some Everest vehicles were observed using Kaiser reserved parking stalls on various occasions. Operating and site information for each campus is summarized on Table 5. Review of the operating and site information summarized in Table 5 reveals the following comparisons and observations for the proposed Santa Ana campus: Of the four sites, the Alhambra campus and Anaheim campus most closely resemble the proposed Santa Ana campus, based on the single occupancy of the building. • The Anaheim campus has a population of 871 students and 64 staff members, which is closest to the estimated population for the proposed Santa Ana campus. • All four sites had a roughly equal proportional mix of classroom to office space, whereas at the Santa Ana site, the mix is proposed to be roughly 1/3 classroom and 2/3 office space. Corinthian College - 11 - February, 2010 Parking Study 31A-31 • Conclusions about the parking demand for the Gardena site are not applicable to the Santa Ana site, since it was not possible to isolate the Everest College parking demand from the parking demand for other uses. • Conclusions about the parking demand for the Reseda site are not applicable to the Santa Ana site, since the parking supply was clearly inadequate to meet the needs of the College. • Actual observed parking demand for the Alhambra and Anaheim sites while class was in session ranged from 3 to 6 spaces per thousand square feet. • In both cases, the observed parking demand at the two comparable sites was less than what would be required by the City of Santa Ana Municipal Code. • Applying the higher observed rate of 6 spaces per thousand square feet to the total square footage for the Santa Ana site, the parking demand would be approximately 234 spaces. This is a conservative worst -case estimate, since the Anaheim site has a higher percentage of classroom spaces (at a higher parking requirement) than the proposed Santa Ana site. Estimated Parking Demand The discussion above indicates that, based on limited observations of comparable Everest College sites, the actual parking demand for this type of educational facility is substantially less than the City's parking code requirement. The observations have limitations, however, since the actual student enrollment and attendance at the time of the observations are not known. The parking supply that would be needed for the proposed Santa Ana Corinthian College site was estimated using another approach, based on information about the proposed operation of the facility, as provided by the project applicant. As previously presented on Table 1, the class schedule and attendance information indicate that, at peak operation, the greatest number of students attending classes on site at any one time would be 307 students with 36 staff members, during the evening class shift. The applicant has estimated that, based on experience with other sites, approximately 19% of the student base will be non-drivers, meaning that they will use an alternative mode of travel to get to class. Alternative travel modes include walking, bicycle, transit, carpooling, and being dropped off. Alternative travel modes are discussed in a later section of this report. Applying the non -driver assumption, if the evening class is at maximum enrollment, and all students are in attendance, there would be 249 students who drove to the site for the evening class. Assuming that all 36 staff members drive separately, the peak parking demand would be 285 spaces. At maximum enrollment, and 100% attendance, the existing on -site parking supply Corinthian College -12- February, 2010 Parking Study iki L , of 258 spaces in the parking structure would be deficient by 27 spaces, compared to the estimated peak demand. A contingency plan to identify additional off -site parking is discussed in the next section of this report. In addition to a potential shortage of parking during the peak class schedule, if class times are scheduled "back to back" with no break in between, there will be an overlap of parking demand, with students who have not yet left the campus still parked in the structure, while students of the next class are arriving in the structure. It is recommended that class shifts be scheduled such that there is a 10- to 15- minute break between start and end times, and/or that class times be staggered. These recommendations would also help alleviate potential queuing issues at the structure entrance, as discussed later in this report. Corinthian College - 13- February, 2010 Parking Study 31A-34 0 0 N w m u a U 'd $ C U a ° °•5� O �vu D v O , ��° d O O 4 a q ny o �1`�C o q 9 � � •agg• w a � e�i •,°�� wC � ubi ao � � 3 W 3 � � :� > $ w -app • S .5 ° o .rJ K wo b V m C a1 u 4F,i j bf sj c mo.4 Qcu '.- qp;,1 3 � j m OG C•C � > y ° o c u � y K •� a h 2' c p, � �' .5 5 I 3 c x � 7gg � u ,fir aq w e �• v �` .5 •a o ? Fi •� � '� O a'y O m 7 V .!� G O F '0 O v .5 m '' pDp y 12 ii ;� 0. o •V 3$ `p°p •yin e �Si c a m iggi •a c S E 4 �•S' >, Z.- G�� •g o m 5 S pQ G .d u.� 0. >' b b v 9y G -A p�� � -5 o a a= a 8 !n 'a N° w° w rii U p w �n iz _ •` O � V1 C� vi h � b pCq9 a W $ m ° m m h c F M N o M M p O pp 00 N M M ° .M. ° v W �g. w o-a $ Lr N O V M w m O N 3 Q N C O 3 S n VJ N ,• � V gF $ e° � u f+ WU WU W V WU 31A-34 0 0 N w m u a U 'd $ C U a ADDITIONAL PARKING Based on the City parking code requirements for the proposed Corinthian College use, a total of 424 parking spaces would be required. The site provides 258 parking spaces in an adjacent parking structure. Therefore, the site has a deficit of 166 stalls, based on city code requirements. Site observations of comparable uses indicate that the actual parking demand for this type of educational facility is substantially less than the City's parking code requirement. However, a technical estimate, based on worst -case conditions of maximum enrollment and 100% attendance during the peak class shift indicates that there could be a 27 -space deficit. The project applicant has identified available additional parking in the Civic Center area within the vicinity of the project site. Three sites could accommodate potential parking overflow for the proposed Corinthian College, if needed. The three sites are Parkside Plaza, Park Tower, and Transit Tower. Figure 3 shows the location of the three alternatives. Parkside Plaza has approximately 48 surface stalls and is located on Ross Street across the street from the project site. A painted cross -walk providing access to the site is located at the stop - controlled intersection of 3`d Street and Ross Street. Park Tower and Transit Tower arc located on 5`s Street, east of Ross Street, and may provide approximately 100 stalls in the parking structure. A painted cross -walk with pedestrian push - buttons is located at the signalized intersection of Ross Street and Santa Ana Boulevard. Negotiations have not yet been entered with the respective landlord of each facility for use of the available parking. It should be noted that once a lease is negotiated, the landlord may require the right to terminate the lease agreement should the building meet certain occupancy. if contingency parking arrangements are made for overflow parking, it is recommended that the off - site parking facility accept Corinthian College parking permits. if parking permit accommodation cannot be made in the off -site lots, then Corinthian College should subsidize the difference in cost to park in the remote lot. The additional parking, totaling 148 stalls, identified in the Civic Center area will not provide sufficient parking to meet the City's full parking requirement of 424 spaces, but could potentially alleviate some on -site parking congestion, and would adequately accommodate the estimated peak parking need of 258 spaces during the peak class shift. Corinthian Collegc -Is- February, 2010 Parking Study 4e Avmuvobv iv—m-aoom 01 y. x! isa F-71koll 0 CL LLJ W 0 U z 0 Z CL W -i mm LU IL Q M cj QUEUING ANALYSIS Corinthian College proposes to take over the entire 500 West Santa Ana Boulevard building and the parking structure for their operation. The method of operation of the parking structure intake gate for the Corinthian College has not yet been established. Careful consideration of the operation of the structure is needed, since under peak arrival conditions (prior to class start times), vehicles could queue in the inbound lane, and potentially back up onto 3'd Street. The entrance to the parking structure provides approximately 65 feet inbound queuing distance between 3'd Street and the parking structure gate. Assuming a vehicle queuing distance of 20 to 25 feet per vehicle, the driveway will accommodate a queue of 2 to 3 vehicles on the inbound lane. The length of the inbound queue at the structure gate will be a product of a number of factors, including the number of lanes available for arriving vehicles, the arrival rate of the inbound vehicles (number of student and staff arrivals at peak times) and the amount of time it takes to process each incoming vehicle. For example, the service time for each entering vehicle would be less than 5 seconds per vehicle for a ticket/lift -arm and pay -0n - departure or for an electronic card entry operation, but could be 30 seconds or more for pay- upon -entry or manual identification verification operation. A queuing analysis was conducted to evaluate entry conditions. For a worst -case analysis, it was assumed that all arriving students in the maximum class session (estimated to be 249 students) would arrive during the half hour before the start of the class. Based on this analysis, to avoid an inbound queue at the structure entrance that backs onto the public street, it is recommended that the entry procedures and equipment for the parking structure be designed so that the duration of the entry transaction is less than 5 seconds during peak arrival periods. This could be accomplished in a number of ways, including with an electronic pass card system, a parking permit displayed on the vehicle, or a ticket entry / pay on departure system. A longer entrance transaction would potentially result in queues in the peak arrival times that would extend beyond the entrance throat into the street. The queuing analysis worksheet for the project driveway is located in Attachment B. As indicated above, queuing conditions at the entrance could be alleviated by providing 10- to 15- minute breaks between class shifts, and /or staggering class start times. Implementing measures to encourage alternative travel modes and reduce single- occupant vehicles would also alleviate queuing and parking demand. Corinthian College -17- February, 2010 Parking Study 31A-37 SITE ACCESS AND CIRCULATION Site Access The entrance for the parking structure consists of one inbound and one outbound lane with gated entry and exit operation. The access is located on 3`d Street, approximately 120 feet west of the all -way stop - controlled intersection of 3rd Street and Ross Street. 3`d Street is a two -way divided street with one travel lane in each direction and a center two- way - left -turn lane. The structure entrance accommodates both right and left -turn movements for inbound and outbound traffic. Inbound left-turning vehicles can stack in the two- way -left-turn lane while waiting to enter, if necessary, without blocking eastbound through traffic. Inbound right - turning vehicles have enough lane width to turn right into the driveway with minimal interference with westbound through traffic. Sight distance for the existing entrance location was evaluated. Outbound vehicles have a clear line of sight in both the eastbound and westbound direction on Yd Street. The entrance is located 120 feet away from the stop - controlled intersection of 3`d Street and Ross Street. The stop control at the intersection provides outbound vehicles looking to the east adequate decision time to exit the structure onto 3`d Street. The parking structure is currently used for public parking, which is promoted with prominent signage at the entrance and at the southeast corner of the building on Ross Street. This signage should be replaced with new, prominent signage reading "Corinthian College Parking Only, No Public Parking, Permit Required ". Parldng Structure Circulation The parking structure is a four -story structure with a single -loop ramp design. All drive aisles are two -way, and all parking is 90- degree. Drive aisles are 25 feet in width, which complies with city standards for two -way 90-degree parking aisles. Pedestrian Circulation An entrance for pedestrians to the office building from the parking structure is located at the northeast corner of the first level. Stairs to the upper parking structure levels are provided at the southeast and northwest corners of the structure. The staircase on the southeast corner provides direct access to the street and Civic Center area, and the staircase on the northwest comer provides direct access to the proposed Corinthian College site. No elevator is provided in the parking structure. Handicap parking is located on the first level and third level closest to the building, with a designated path of travel to the building, as shown on the site plan. Corinthian College -18- February, 2010 Parking Study City streets surrounding and leading to the site all have sidewalks on both sides. A brick -paved plaza connects the front building entrance to both Ross Street and Santa Ana Boulevard. Striped crosswalks are provided on all four legs of the stop - controlled intersection of Yd Street and Ross Street and striped crosswalks and pedestrian push buttons are provided on all four legs of the signalized intersection of Santa Ana Boulevard and Ross Street. In addition, an uncontrolled mid -block crosswalk with decorative pavers is provided on Ross Street at 4t' Street, near the northeast comer of the building. The sidewalk and crosswalk network in the project vicinity provides convenient access to and from the OCTA bus stops on Santa Ana Boulevard and on Ross Street near the building. A more detailed discussion of transit service in the area is provided in the Transit section of the report. Vehicular Circulation The parking structure is currently a gated operation with a lift -arm on the inbound and outbound lanes, and a parking attendant. Vehicles entering the parking structure receive a time - stamped ticket card from the attendant, and the same attendant checks the ticket upon exiting. This sometimes causes a queue for inbound and /or outbound traffic, particularly when vehicles are entering and exiting simultaneously. Based on the current parking layout and gate operation, an outbound queue could block access to and from the row of parking spaces along the west wall of the parking structure adjacent to the gate. The proposed Corinthian College class schedule could result in a high turnover of inbound and outbound vehicles between shifts. In order to minimize vehicle -to- vehicle conflict during the turnover between shifts, an automatic enter and exit system should be implemented to expedite processing inbound and outbound vehicles. The high turnover of inbound and outbound vehicles at one time may be alleviated by providing 10- to 15- minute breaks between shifts, andlor staggering class start times. ALTERNATIVE TRAVEL MODES Based on information provided by Corinthian College, it is assumed that 19% of the student population is non - driving, and therefore use an alternative method of commuting, such as those discussed in this section. The use of alternative transportation could reduce the parking demand and vehicle queuing at the entrance. Bicylce Although there are no bicycle lanes provided on the streets surrounding the project site, bicycling is one form of alternative travel that could appeal to the student population. Secure bicycle racks should be provided within the building or the parking structure to accommodate and encourage bicycle ridership. Corinthian College _19- February, 2010 Parking Study Ride -share Ride- sharing or carpooling is the shared use of a vehicle by a driver with one or more passengers. Ride- sharing would greatly reduce the demand for parking for the proposed Corinthian College. Provided that all parking in the Civic Center area is pay -to -park or parking permits are required to park in the structure, some students may make a conscious effort to save money by ride - sharing. The applicant should provide a ride- matching service to encourage and facilitate ride- sharing. Transit The Orange County Transportation Authority (OCTA) provides local and regional bus service throughout Orange County, including the City of Santa Ana. OCTA bus stops within the study area are located to the east on Ross Street, to the north on Santa Ana Boulevard, and to the south on 19` Street. The following bus routes operated by OCTA service the proposed Corinthian College area during operating school hours. OCTA Route 55 operates between the City of Santa Ana and the City of Newport Beach via Standard Avenue, Bristol Street, Fairview Street, and 17'b Street in a north -south direction. Route 55 provides service to the cities of Santa Ana, Costa Mesa, and Newport Beach. Route 55 provides service to the project site along Santa Ana Boulevard and Ross Street with the nearest bus stop at the intersection of Ross Street and 4`s Street. Route 55 operates weekdays from 4:20 AM to 11:45 PM and on weekends and holidays from 4:55 AM to 11:45 PM with 10- to 15- minute headways throughout the day. OCTA Route 64 operates between the City of Santa Ana and the City of Huntington Beach via Bolsa Avenue and 16` Street in an eastbound - westbound direction. Route 64 provides service to the cities of Tustin, Santa Ana, Garden Grove, Westminster, Midway City, and Huntington Beach. Route 64 does not provide service directly to the project site, but has a nearby bus stop at the intersection of Flower Street and 1" Street just one block south of the project site. Route 64 operates weekdays from 4:40 AM to 11:30 PM and on weekends and holidays from 5:15 AM to 10:50 PM with 5- to 15- minute headways throughout the day. OCTA Route 83 operates between the City of Anaheim and the City of Laguna Hills via Interstate 5 and Main Street in a northbound - southbound direction. Route 83 provides service to the cities of Anaheim, Santa Ana, Laguna Woods, and Laguna Hills. Route 83 provides service to the project site along Santa Ana Boulevard with the nearest bus stop at the intersection of Ross Street and Santa Ana Boulevard. Route 83 operates on weekdays from 4:40 AM to 12:15 AM with 5- to 40- minute headways, and on weekends and holidays from 5:30 AM to 11 :55 PM with 5- to 30- minute headways. OCTA Route 206 is an express bus that provides service between the City of Santa Ana and the City of Lake Forest via Interstate 5 in a northbound - southbound direction. Route 206 provides service to the project site along Santa Ana Boulevard with the nearest bus stop at the intersection Corinthian College -20- February, 2010 Parking Study i• A C of Ross Street and Santa Ana Boulevard. Route 206 operates on weekdays during the morning peak hour in a southbound direction from 5:30 AM to 7:45 AM with 15- to 30- minute headways and in the evening peak hour in a northbound direction from 3:20 PM to 5:40 PM with 10- to 40- minute headways. There is no weekend service. OCTA Route 462 operates between The Depot at Santa Ana and the Civic Center area in the City of Santa Ana via Santa Ana Boulevard and Civic Center Drive in an eastbound- westbound direction. Route 462 provides service to the project site along Santa Ana Boulevard with the nearest bus stop at the intersection of Ross Street and Santa Ana Boulevard. Route 462 operates on weekdays during the morning peak hour from 6:00 AM to 9:10 AM with 5- to10- minute headways and in the evening peak hour from 3:45 PM to 5:30 PM with 5- to10- minute headways. There is no weekend service. OCTA Route 757 is an express bus that provides service between the Pomona Fairplex Park -and- Ride in the City of Pomona and the City of Santa Ana via Freeway 57 in a northbound- southbound direction. Route 757 provides service to the project site along Santa Ana Boulevard with the nearest bus stop at the intersection of Flower Street and Sixth Street. Route 757 operates on weekdays during the morning peak hour in a southbound direction from 5:40 AM to 7:35 AM with 10- to 20- minute headways and in the evening peak hour in a northbound direction from 4:40 PM to 6 :46 PM with 10- to 25- minute headways. There is no weekend service. As described in the pedestrian circulation section, the project site and vicinity is well - developed with sidewalks, crosswalks, and pedestrian pushbuttons to accommodate the movement of pedestrians between the bus stops and the building. The applicant should provide a transit information area in the lobby of the building, where students can pick up current bus route schedules and maps, and should consider providing transit passes at a reduced rate to encourage transit ridership. Corinthian College -21- February, 2010 Parking Study SUMMARY OF FINDINGS AND RECOMMENDATIONS • • The proposed Corinthian College will occupy an existing 39,516 square foot building located at 500 West Santa Ana Boulevard in the Civic Center area in the City of Santa Ana. Corinthian College proposes to utilize the entire building, with 15 classrooms totaling 13,898 square feet of classroom floor area and 25,618 square feet of office area. The building is located adjacent to a 258 -space parking structure • The facility will operate Monday through Friday, with class sessions conducted between the hours of 6:00 AM and 10:45 PM Monday through Thursday, and between 6:00 AM and 6:00 PM on Friday. Classes are proposed on Saturdays; however, a schedule has not yet been established. • Class schedules are proposed in four shifts during the week; the first shift would operate from 6:00 AM to 10:00 AM, the second shift from 10:00 AM to 2:00 PM, the third from 2:00 PM to 6:00 PM, and the fourth shift from 6:00 PM to 10:45 PM. • The maximum student enrollment is estimated at 975 students, with 71 staff members. Approximately 10% of the student population would attend the Saturday classes, reducing the weekday student population by 98 students. The adjusted weekday population would be approximately 878 students, split between the four class shifts. • Per the City of Santa Ana parking requirements, a total of 424 spaces are required for 13,898 • square feet of classroom area and 25,618 square feet of office area. Per the City's parking requirement, a deficit of 166 parking spaces exists. • Educational Institution parking requirements for a number of other cities in Orange and Los Angeles County were obtained and compared with the City of Santa Ana parking requirements. The City of Alhambra, City of Anaheim, and City of Gardena, all of which have Everest College campuses similar to the one proposed in Santa Ana, have lower parking requirements than the City of Santa Ana. However, even for some of the cities that have a lower parking requirement, the 258 -space parking structure still would not meet the parking requirement. The class schedule and attendance assumes that, at peak operation, the greatest number of students attending classes at any one time would be 307 students, during the evening class shift, with 36 staff members. The applicant has estimated that, based on experience with other sites, approximately 19% of the student base will be non - drivers. Applying the non- driver assumption, if the evening class is at maximum enrollment, and all students are in attendance, there would be 249 students who drove to the site for the evening class. At maximum enrollment, and 1001/o attendance, the parking supply of 258 spaces in the parking structure would be deficient by 27 spaces, compared to the peak demand. • Corinthian College -22- February, 2010 Parking Study i A I • The project applicant has identified available additional parking in the Civic Center area within the vicinity of the project site. The additional parking, totaling 148 stalls in the Civic Center area will not provide sufficient parking to meet the City's parking requirement but could potentially alleviate some on -site parking congestion. • A queuing analysis was conducted to evaluate entry conditions. For a worst -case analysis, it was assumed that all arriving students in the maximum class session would arrive during the half hour before the start of the class. Based on this analysis, to avoid an inbound queue at the structure entrance that backs onto the public street, it is recommended that the entry procedures and equipment for the parking structure be designed so that the duration of the entry transaction is less than 5 seconds during peak arrival periods. A quicker entry transaction could be accomplished with an electronic pass card system, a parking permit displayed on the vehicle, or a ticket entry / pay on departure system. • Queuing conditions at the entrance could be alleviated by providing 10- to 15- minute breaks between class shifts, and/or staggering class start times. Implementing measures to encourage alternative travel modes and reduce single- occupant vehicles would also alleviate queuing and parking demand. • Based on information provided by Corinthian College, it is assumed that 19% of the student population is non - driving, and therefore use an alternative method of commuting, such as bicycling, ride - sharing, and using public transit. The project site and vicinity is well- developed with sidewalks, crosswalks, and pedestrian pushbuttons to accommodate the movement of pedestrians between the bus stops and the building. The applicant should provide a transit information area in the lobby of the building, where students can pick up current bus route schedules and maps, and should consider providing transit passes at a reduced rate to encourage transit ridership. Corinthian College -23- February, 2010 Parking Study 31 A -43 31A-44 ATTACHMENT A CITY OF SANTA ANA MUNICIPAL CODE ARTICLE XV. OFF - STREET PARKING ARTICLE XV. OFF - STREET PARKING DIVISION 1. GENERAL REQUIREMENTS Sec. 41 -1300. Location of required off - street parking. Page 1 of 19 Parking facilities shall be located on the same lot or site or on a lot or site contiguous thereto. Any property used for required parking shall be under the same ownership as the uses served or shall be restricted in such a manner as to prevent the severance of the parking facilities and use by sale, trade, lease or any other conveyance. (Ord. No. NS- 2091, § 1, 11- 19 -90) Sec. 41 -1301. Prohibition against display of vehicles, trailers, vessels and other personal property for sale. (a) No person shall park or place a vehicle, trailer, or vessel or other personal property upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle, trailer, vessel or other personal property thereon for sale, hire or rental, or for other advertising purposes, unless said property is properly zoned by the city for such purpose and the vendor is duly licensed to transact such business at that location. (b) Subsection (a) shall not prohibit any person from parking or placing a vehicle or vessel or other personal property on private residential property belonging to or occupied by the owner of such vehicle, vessel or other personal property, for the purpose of displaying the same for sale, hire or rental. (c) "Vehicle" as used in this section shall mean a "vehicle" as defined in Section 670 of the California Vehicle Code, as the same now reads or may hereafter be amended. (d) "Vessel' as used in this section shall mean a "vessel" as defined in Section 9840(a) of the California Vehicle Code, as the same now reads or may hereafter be amended. (e) The parking or placing of any vehicle or vessel or other personal property with a sign or other advertising device thereon or proximate thereto, indicating such vehicle or vessel or other personal property is for sale, hire or rental, shall constitute prima facie evidence that such vehicle, vessel or other personal property was parked or placed for the purpose displaying same for sale, hire or rental, or other advertising. (f) A violation of this section shall constitute an infraction punishable in the same manner as provided in section 36 -27 of this Code, as the same now reads or may hereafter be amended. (Ord. No. NS- 2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 1, 12- 15 -97) Sec. 41 -1302. Prohibition against use of required parking spaces for other purposes. (a) No person shall use or allow the use of any parking space or area designed for the parking of vehicles, and necessary to provide parking spaces in full or partial satisfaction of the off - street parking requirements of this chapter, for any purpose which obstructs or prevents the use of such parking space or area for the parking of vehicles on a regular basis. http: / /Iibrary2.municode.com /default- test/DocView /14452/l/250/265 1/28/2010 31A-46 ARTICLE XV. OFF - STREET PARKING Page 2 of 19 (b) The use of a required parking space for the storage of any automobile for more than seventy-two (72) hours, or for the storage of equipment, shall be deemed to be an obstruction or activity which prevents the use of such parking space for the parking of vehicles on a regular basis within the meaning of subsection (a) of this section. (c) Subsection (b) does not apply to the parking of a vehicle at a residence provided the vehicle is operational and the parking of the vehicle does not conflict with access and parking of other vehicles. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 2, 12- 15 -97) Sec. 41 -1303. Dimension of parking area and access. (a) Parking stalls shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long, except as noted in subsections 41- 1320(c) and (d). Where double- striping is required, the width of stalls shall be measured from lines midway between each pair of stripes. Structural, mechanical, utility or similar appurtenances are only permitted adjacent to required stall areas if the required width of the stall is increased at least six (6) inches and if the appurtenance is not located so as to interfere with safe and free parking movement or car door opening or of visibility. No appurtenance shall be permitted in the area in front of a parked car unless located in its entirety at least four (4) feet above surface level. Parking lot lights and tree wells, however, may encroach no greater than eighteen (18) inches into a front corner of a parking stall. (b) Aisles to and from parking stalls shall not be less than: (1) Thirteen (13) feet wide for one -way aisles with 30- degree parking. (2) Fifteen (15) feet wide for one -way aisles with 45- degree parking. (3) Eighteen (18) feet wide for one -way aisles with 60- degree parking. (4) Twenty -three (23) feet wide for 90- degree parking. (c) Circulation within a parking area must be such that: (1) A car entering the parking area need not enter a street to reach another aisle except on a street with a standard industrial street cross section. (2) A car need not enter a street backwards. This provision shall not apply to off - street parking required in sections 41 -1320 and 41 -1321, or prohibit the backing of motor vehicles into a street which has a standard industrial street cross - section regardless of the use on the lot abutting said industrial street. (3) All parking stalls and garages shall be accessible and usable. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 3,12-15-97; Ord. No. NS- 2710, § 29, 5 -1 -06) Sec. 41 -1304. Maintenance and operation. (a) Bumper guards, curbs or other suitable barriers shall be provided to protect public streets and sidewalks, to prevent parking in areas where no parking is permitted, to prevent parked vehicles from extending beyond the parking area boundary line or intruding into any pedestrian walkway, and to prevent vehicles from contacting any wall, fence or landscaped area. (b) When the parking area abuts residentially zoned property, property used for residential purposes, or sensitive land uses, a minimum six -foot high masonry wall shall be erected along such property lines, except that such wall shall not exceed four (4) feet in height along any required front yard of the adjacent property. http: / /library2.municode.com /default- test/DoeView /14452/l/250/265 1/28/2010 31A-47 ARTICLE XV. OFF - STREET PARKING Page 3 of 19 (c) Lights used to illuminate the parking area shall be reflected away from any residence or sensitive land use. (d) All required stalls shall be clearly outlined with double - striping on the surface of the lot. (e) The parking area and driveways shall be paved with asphaltic or concrete surfacing. (f) All parking areas shall be accessible to vehicles via driveways and aisles of the size specified herein. (g) Cart corrals shall be provided throughout parking lots for uses that rely on shopping carts for normal business operations. (h) Sensitive land uses as used in this section are those adjacent land uses such as child care facilities, parks, schools, churches, convalescent homes, and hospitals that will be potentially impacted by the proposed parking lot and ancillary parking activities. (i) All parking areas required by this chapter are to be maintained in a safe, clean and repaired state with no potholes, solid paving, and legible striping. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 4, 12- 15 -97; Ord. No. NS -2446, § 23, 9- 18 -00) Sec. 41 -1305. Loading space requirements. Every building involving the receipt or distribution by vehicle of materials or merchandise incidental to carrying on such activity shall be provided with at least one (1) space for standing, loading and unloading of vehicles to avoid undue interference with the public use of on -site travel aisles, streets and alleys. Such space shall be provided at a size sufficient to accommodate the largest delivery vehicle likely for the building and in no case be less than ten (10) feet by twenty -five (25) feet. Loading zones shall be provided at a rate of one (1) for every ten thousand (10,000) square feet of floor area or outdoor storage area. A fourteen -foot minimum height clearance shall be maintained. Loading zones shall not interfere with or be used for off - street parking purposes. Loading zones shall be clearly designated and labeled, and may not be located adjacent to property used or zoned for residential purposes. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 5,12-15-97) Sec. 41 -1306. Handicapped parking. (a) Number. A portion of the required off - street parking spaces required for any use by this chapter shall be designed for physically handicapped persons in accordance with state law and the following standards: TABLE INSET: Total Number of Parking Spaces Number of Spaces for Handicapped Persons 1 -25 1 26 -50 2 51 - -75 3 76 -100 4 101 -150 5 151 - -200 6 http: / /Iibrary2 .municode.com/default- test/DocV iew/ 14452/l /250/265 1/28/2010 31 A -48 ARTICLE XV. OFF - STREET PARKING 201 - -300 7 Page 4 of 19 301 --400 8 401 - -500 9 501 -1,000 2% of total Over 1,000 20 plus 1 for each 100 spaces provided over 1,000 (b) Design, designation, and location. Handicapped persons' parking spaces shall, at a minimum, comply with the requirements of the California Building Code, Division 11, Site Accessibility. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2176, § 5, 9- 21 -92; Ord. No. NS -2340, § 6,12-15-97) Sec. 41 -1307. Motorcycle spaces. Any site which has five hundred (500) or more parking spaces shall provide, for the first five hundred (500) spaces and one (1) for each two hundred fifty (250) spaces thereafter, a seventeen -foot by eighteen -foot motorcycle parking area, bordered by bumper guards or concrete curb to preclude automobile access to such area. Motorcycle spaces are to be clearly designated and located near the main entrance of the primary structures on -site. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 7,12-15-97) Sec. 41 -1308. Prohibition against separate charge for parking on multiple - family residential property. (a) No owner or agent of any owner of multiple - family residential property shall impose any charge on any resident for the privilege of parking in the off - street parking spaces on such property which is separate and distinct from the rent charged to such resident for such resident's dwelling unit. (b) Any owner or agent of an owner of residential property who is not in compliance with subsection (a) of this section on November 19, 1990, shall have sixty (60) days from and after such date to discontinue such noncompliance. Thereafter any such noncompliance shall be unlawful. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1309. Interpretation of standards. In interpreting the parking standards set forth in this article, the following rules shall govern: (1) Wherever required off - street parking is based upon gross floor area, the number of required spaces shall be determined by applying the appropriate mathematical ratio. If the product is not a whole number, the number of required spaces shall be the next lower natural number if the decimal fraction is less than five- tenths (0.5) or the next higher natural number if the decimal fraction is five- tenths (0.5) or more. Wherever required off - street parking is based upon some other factor, the number of required spaces shall be determined by the same arithmetical process. (2) Wherever two (2) or more uses identified in this article exist on the same site or within the same building: http: / /library2.municode.com /default- test/DocView /14452/l /250/265 1/28/2010 31A-49 ARTICLE XV. OFF - STREET PARKING Page 5 of 19 a. The number of parking spaces required for each use shall be determined separately. b. Except as provided in sections 41 -1390 and 41 -1391, ancillary activities or uses within a single tenant space not exceeding fifteen (15) percent of the gross floor area shall be calculated at the parking ratio of the primary use. (3) Wherever a particular use of property can be classified under more than one (1) section of this article which sets minimum parking space requirements, the section which contains the more specific use description shall apply. If two (2) or more equally specific sections apply, the section imposing the higher standard shall apply. (4) Wherever required parking is based upon the number of seats in an area, eighteen (18) inches of bench space shall be deemed the equivalent of one (1) seat. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS- 2340, § 8,12-15-97; Ord. No. NS -2404, § 2, 9- 20 -99) Sec. 41 -1310. In -lieu parking fee districts. (a) The city council may, by resolution, establish one (1) or more in -lieu parking fee districts whereby property owners within any such district may receive a credit toward the number of off - street parking spaces otherwise required by this article by the payment of an in -lieu parking fee to be used by the city for the future provision of public parking facilities serving the district. (b) Eligibility for the reception of an off - street parking credit shall be limited to: (1) the use and occupancy of existing buildings which lack sufficient parking spaces on site to satisfy the requirements of this article and which no longer have such status as a nonconforming use or nonconforming building which would allow them to be used and occupied without the provision of such parking; and (2) the intensification of use in an existing building. Such eligibility shall not extend to new building construction, nor to additions to existing buildings or the reconstruction of existing buildings even if such reconstruction does not increase existing or previous occupant load. (c) Any resolution of the city council establishing an in -lieu parking fee district shall set forth the fee to be charged for each parking space for which an off - street parking credit shall be granted to an owner of eligible property within the district. Such resolution may also set forth such provisions as the council may determine appropriate for payment of the fee in installments over a period of years. The responsibility for such installment payments shall run with the ownership of the property. (d) All revenues received by the city from the payment of in -lieu parking fees from owners of property within an in -lieu parking district shall be maintained in an account separate and apart from other city funds. Moneys in such account may be expended solely for the purpose of providing additional public parking in the district. (e) No owner of property within an in -lieu parking fee district may receive any off - street parking credit pursuant to this section except pursuant to a parking plan approved for that property by the executive director of the community development agency of the city or his or her designated representative. The parking plan shall specify the number of parking spaces required to be provided on the property and the number of parking spaces for which off - street parking credits are granted. (f) A parking plan may be revoked by the executive director of the community development agency of the city or his or her designated representative for failure by the owner of that property to pay installment payments on the in -lieu parking fee due for that property, and shall be reinstated upon the payment of all installments due. During such time as a parking plan is revoked: (1) the property shall not be credited with off - street parking credits for purposes of http: / /Iibmry2.municode .com/default- test/DoeView/ 14452/l /250/265 1/28/2010 31A-50 ARTICLE XV. OFF - STREET PARKING Page 6 of 19 determining its compliance with the off - street parking requirements of this chapter; and (2) no further certificates of occupancy shall be issued for the property under the building code of the city. (Ord. No. NS -2309, § 1, 12 -2 -96; Ord. No. NS -2340, § 9,12-15-97) Secs. 41-1311--41-1319. Reserved. DIVISION 2. RESIDENTIAL STANDARDS Sec. 41 -1320. Single- family dwellings. (a) The minimum off - street parking requirements for single - family dwellings are as follows: (1) Four (4) off - street parking spaces for up to five (5) bedrooms; (2) Five (5) off - street parking spaces for up to six (6) bedrooms; (3) Six (6) off -street parking spaces for up to seven (7) bedrooms; (4) Seven (7) off - street parking spaces for up to eight (8) bedrooms; (5) Eight (8) off - street parking spaces for nine (9) or more bedrooms. (b) Of the spaces required by subsection (a), no less than one -half ( 1/2) of the off - street parking spaces shall be in an enclosed garage. The remaining spaces may be tandem spaces in a driveway. (c) Each parking stall in a one -car garage shall not be less than twelve (12) feet wide and twenty (20) feet long. (d) Each parking stall in a two -car garage or larger shall not be less than ten (10) feet wide and twenty (20) feet long. (Ord. No. NS -2087, § 1, 10 -1 -90; Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS- 2710, § 30, 5 -1 -06) Sec. 41 -1321. Two - family and three - family dwellings. (a) The minimum off - street parking requirements for each dwelling unit in a two- family or three - family dwelling are as follows: three (3) spaces plus one (1) additional space for each bedroom in excess of two (2) bedrooms. (b) Of the spaces required by subsection (a), two (2) spaces shall be in an enclosed garage. The remaining spaces may be tandem spaces in a driveway, provided such driveway spaces may not obstruct access to parking spaces serving any other unit. (Ord. No. NS -2087, § 1, 10 -1 -90; Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1322. Multiple - family dwellings. (a) The minimum off -street parking requirements for each dwelling unit in multiple - family dwellings are as follows: one (1) space in a garage or carport. (b) Each multiple - family dwelling site shall provide off - street parking spaces, in addition to the minimum requirements of subsection (a) of this section, in an amount not less than the number http: / /library2.municode .com/default- test/DocView /14452/l /250/265 1/28/2010 31A-51 ARTICLE XV. OFF - STREET PARKING Page 7 of 19 of bedrooms on the site. Such spaces may be open or covered and may be assigned to particular units or not so assigned. Bachelor units shall be considered as one - bedroom units. (c) In addition to the minimum requirements of subsections (a) and (b) of this section, each multiple - family dwelling site shall provide guest parking, identified as such, in an amount of spaces not less than twenty -five (25) percent of the minimum required spaces under subsections (a) and (b) of this section, but in no case less than three (3) spaces. (Ord. No. NS -2087, § 1, 10 -1 -90; Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 10, 12- 15 -97) Sec. 41 -1323. Care homes. The minimum off - street parking requirements for care homes are as follows: one (1) space for each three (3) beds. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1324. Lodging houses. The minimum off - street parking requirements for lodging houses are as follows: one (1) space for each guest room or one (1) space for each one hundred fifty (150) square feet of sleeping area, whichever is greater, plus two (2) enclosed spaces for use by the operator of the lodging house and two (2) guest spaces. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1325. Senior citizen establishments. (a) The minimum off - street parking requirements for senior citizen establishments, pertaining to spaces reserved for residents who are sixty -two (62) years of age or older, are as follows: one (1) space for each one - bedroom dwelling unit; one and one -half (1.5) spaces for each two - bedroom dwelling unit. (b) Of the spaces required by subsection (a), at least one (1) space per unit shall be in a garage or under a carport. (c) In addition to the requirements of subsection (a) of this section, senior citizen establishments shall provide guest parking spaces, identified as such, in an amount not less than fifteen (15) percent of the minimum number of spaces required under subsection (a) of this section. Such guest parking spaces shall be open and outside of any secured area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1326. Bed and breakfast establishments. The minimum off - street parking requirements for bed and breakfast establishments are as follows: one (1) space for each guest room, plus two (2) enclosed spaces for the operator of the establishment. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1327. Fraternity and sorority houses and dormitories. http: / /Iibrary2.municode .com/default- test/DocView /14452/l /250/265 1/28/2010 ARTICLE XV. OFF - STREET PARKING Page 8 of 19 The minimum off -street parking requirements for fraternity and sorority houses and dormitories are as follows: one (1) space for each two (2) beds or one (1) space for each eighty (80) square feet of sleeping area, whichever is greater. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1328. Trailer and mobile home parks. (a) The minimum off - street parking requirements for trailer or mobile home parks are as follows: two (2) spaces for each trailer unit. (b) Of the spaces required by subsection (a), at least one (1) space for each unit shall be covered. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 11, 12- 15 -97) Sec. 41 -1329. Caretaker quarters. The minimum off - street parking requirements for caretaker quarters are as follows: two (2) spaces. (Ord. No. NS -2091, § 1, 11- 19 -90) Secs. 41- 1330 --41 -1339. Reserved. DIVISION 3. COMMERCIAL AND OFFICE STANDARDS Sec. 41 -1340. Retail stores and service uses. The minimum off - street parking requirements for retail and service uses not otherwise specified in this division are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1341. Restaurants, cafes, etc. (a) The minimum off - street parking requirements for restaurants, cafes and other eating establishments are as follows: ten (10) spaces for each one thousand (1,000) square feet of gross floor area and open -air dining area except that an open -air dining area no greater than twenty -five (25) percent of the gross floor area of the restaurant, or one thousand (1,000) square feet, whichever is smaller, is exempt from a parking requirement. (b) Each drive - through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the pick -up window to the order point, and eighty (80) feet from the order point to the end of the drive - through lane. Such stacking lanes shall be located so that they do not serve as entries to parking spaces. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 12, 12- 15 -97) http: / /library2.municode .com/default- test/DocView /14452/l/250/265 1/28/2010 31A-53 ARTICLE XV. OFF - STREET PARKING Page 9 of 19 Sec. 41 -1342. Offices, business and professional. The minimum off - street parking requirements for business and professional offices, including psychologists, are as follows: three (3) spaces for each one thousand (1,000) square feet of gross floor area. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 13,12-15-97) Sec. 41 -1343. Open retail. The minimum off- street parking requirements for plant nurseries (except for those in conjunction with a home improvement store), vehicle sales and other primarily open -air retail uses are as follows: two (2) spaces for each one thousand (1,000) square feet of display and storage area, plus four (4) spaces for each one thousand (1,000) square feet of office area. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 14,12-15-97) Sec. 41 -1344. Hotels and motels. (a) The minimum off - street parking requirements for hotels and motels are as follows: one (1) space for each guest room, plus one (1) space for each ten (10) rooms, plus two (2) spaces for a manager's unit, if provided. (b) Except for facilities limited to the exclusive use of guests, parking shall be provided for restaurants, banquet facilities and other retail services or recreational uses included in a hotel or motel building or grounds in accordance with the requirements of this article for such uses. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 15,12-15-97) Sec. 41 -1345. Reserved. Sec. 41 -1346. Medical, dental, psychiatric and chiropractic offices and clinics. The minimum off - street parking requirements for medical, dental, psychiatric, and chiropractic offices and clinics are as follows: six (6) spaces for each one thousand (1,000) square feet of gross floor area but in no case less than six (6) spaces. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 16, 12- 15 -97) Sec. 41 -1347. Automobile repair and automobile servicing. (a) The minimum off -street parking requirements for automobile repair and automobile servicing facilities are as follows: Five (5) spaces for each one thousand (1,000) square feet of gross floor area. (b) Vehicle repair bays in automobile repair and automobile servicing facilities shall not be counted as parking spaces. (Ord. No. NS -2091, § 1, 11- 19-90; Ord. No. NS -2099, § 1, 12- 17 -90; Ord. No. NS -2118, § 15, 3- 18 -91; Ord. No. NS -2340, § 17,12-15-97) http: / /library2.municode.com/de fault- test/Doc V iew/ 144 52/ 1 /250/265 1/28/2010 31 A -54 ARTICLE XV. OFF - STREET PARKING Page 10 of 19 Sec. 41 -1348. Banks and financial institutions. (a) The minimum off - street parking requirements for banks and other financial institutions are as follows: four (4) spaces for each one thousand (1,000) square feet of gross floor area, plus two (2) spaces for each walk -up automatic teller machine. (b) Each drive -in service window in a bank or other financial institution shall have a vehicular stacking lane of at least one hundred twenty (120) feet in length. Such stacking lane shall be located so that it does not serve as an entryway to parking spaces. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 18,12-15-97) Sec. 41 -1349. Furniture and appliance stores. The minimum off - street parking requirements for furniture and appliance stores are as follows: two (2) spaces for each one thousand (1,000) square feet of gross floor area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1350. Laundromats. The minimum off - street parking requirements for laundromats are as follows: six (6) spaces for each one thousand (1,000) square feet of gross floor area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1351. Hospitals and other medical care facilities. The minimum off - street parking requirements for hospitals and other medical care facilities [are as follows]: two (2) spaces for each patient bed. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1352. Union halls. The minimum off - street parking requirements for union halls are as follows: three (3) spaces for each one thousand (1,000) square feet of gross floor area of office area, plus one (1) space for each twenty -eight (28) square feet of assembly floor area. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 19,12-15-97) Sec. 41 -1353. Bulk merchandise stores. The minimum off - street parking requirements for bulk merchandise stores are as follows: eight (8) spaces for each one thousand (1,000) square feet of gross floor area. (Ord. No. NS -2091, § 1, 11- 19 -90) http: / /library2.municode.com/ default- test/DocView /14452/l/250/265 1/28/2010 31 A -55 ARTICLE XV. OFF - STREET PARKING Sec. 41 -1354. Lumberyards. Page 11 of 19 The minimum off - street parking requirements for lumberyards are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area of building space, plus two (2) spaces for each one thousand (1,000) square feet of outdoor sales or storage area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1355. Car washes. (a) The minimum off - street parking requirements for self -service car washes are as follows: two (2) spaces per washing bay. In addition, an area for vehicles of at least ten (10) feet by twenty (20) feet is to be provided adjacent to each air, water, vacuum and telephone facility. (b) The minimum off - street parking requirements for automatic car washes are as follows: two (2) spaces. Automatic car washes shall also have a vehicular stacking lane at least sixty (60) feet long at the entrance. An area for vehicles of at least ten (10) feet by twenty (20) feet shall also be provided adjacent to each air, water, vacuum and telephone facility. (c) The minimum off - street parking requirements for full - service car washes are as follows: five (5) spaces. Full- service car washes shall also provide the following: (1) A drying area equal to at least twenty (20) parking spaces. (2) A vehicular approach lane at least one hundred twenty (120) feet in length. (3) An area for vehicles of at least ten (10) feet by twenty (20) feet adjacent to each air, water, vacuum and telephone facility. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 20,12-15-97) Sec. 41 -1356. Indoor swap meets. The minimum off - street parking requirements for indoor swap meets are as follows: ten (10) spaces for each one thousand (1,000) square feet of gross floor area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1357. Service stations. (a) The minimum off - street parking requirements for service stations which are limited to the dispensing of motor fuel are as follows: two (2) spaces. (b) The minimum off - street parking requirements for service stations having repair and /or retail facilities are as follows: one (1) space for each two hundred (200) square feet of gross floor area. (c) No additional spaces are needed for an automatic (drive - through) car wash, however, a sixty -foot stacking lane is required. Other types of car washes require parking as specified in this article. (d) Service stations shall also provide an area for vehicles of at least ten (10) feet by twenty (20) feet adjacent to each air, water, vacuum and telephone facility. (e) Vehicle repair bays in service stations shall not be counted as parking spaces. (f) Fifty (50) percent of fuel island vehicle parking area may be counted toward not more than one -half ( 1/2) of the number of any parking spaces required due to floor area used for retail http: / /library2.municode.com/ default- test/DocView/ 14452/ 1 /250/265 1/28/2010 31A-56 ARTICLE XV. OFF - STREET PARKING Page 12 of 19 purposes (auto repair excluded). (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 21,12-15-97) Sec. 41 -1358. Motorcycle repair. The minimum off - street parking requirement for motorcycle, ATV, motor scooter, moped, small engine and similar repair shops are as follows: one (1) space for each two hundred (200) square feet of gross floor area. (Ord. No. NS -2340, § 22,12-15-97) Sec. 41 -1359. Banquet facilities. Banquet facilities, as a freestanding use, shall be parked at the rate of one (1) parking stall per twenty -eight (28) s.f. of activity /assembly area. Whenever the parking requirement for a banquet facility as an ancillary use exceeds the parking requirement for the primary use, the banquet facility shall be parked at the rate of one (1) parking stall per twenty -eight (28) s.f. of activity /assembly area. Provided however, banquet facilities ancillary to a restaurant or eating establishment shall be parked at the restaurant rate of ten (10) parking stalls per one thousand (1,000) s.f. of gross floor area. (Ord. No. NS -2340, § 23,12-15-97; Ord. No. NS -2446, § 24, 9- 18 -00) Sec. 41 -1360. Car rental agencies. The minimum off - street parking required for car rental agencies is one (1) space for each two hundred (200) square feet of gross floor area and one (1) space for each rental vehicle stored on -site. (Ord. No. NS -2340, § 24, 12- 15 -97) Sec. 41 -1361. Superstores. The minimum off - street parking required for superstores is one (1) space for each two hundred (200) square feet of gross floor area. (Ord. No. NS -2734, § 8, 2 -5 -07) Secs. 41- 1362 --41 -1369. Reserved. DIVISION 4. ENTERTAINMENT AND RECREATIONAL USES AND INDOOR SPORT FACILITIES Sec. 41 -1370. Golf driving ranges. The minimum off - street parking requirements for golf driving ranges are as follows: one (1) space per driving tee. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 25, 12- 15 -97) http: / /library2.municode .com/default- test/DocView /14452/ 1 /250/265 1/28/2010 31A-57 ARTICLE XV. OFF - STREET PARKING Page 13 of 19 Sec. 41 -1371. Golf courses, bowling alleys and batting cages. (a) The minimum off - street parking requirements for golf courses, including miniature golf courses, bowling alleys and batting cages are as follows: three (3) spaces per hole, alley or cage. (b) In addition, off - street parking for restaurants and other retail, service or recreational uses appurtenant to a golf course, bowling alley or batting cage shall be provided at a rate of seventy -five (75) percent of the requirements of this article for such uses. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 26, 12- 15 -97) Sec. 41 -1372. Theaters and auditoriums. (a) The minimum off - street parking requirements for movie theaters, stage theaters and auditoriums are as follows: one (1) space for each three (3) fixed seats, plus one (1) space for each twenty -eight (28) square feet of assembly area. (b) Theaters and auditoriums shall also provide a passenger loading /unloading zone. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1373. Stadiums, skating rinks, gymnasiums, sports arenas, convention facilities, etc. (a) The minimum off - street parking requirements for stadiums, skating rinks, gymnasiums, sports arenas, meeting and convention facilities, and similar places of public assembly are as follows: one (1) space for each four (4) fixed seats, plus one (1) space for each twenty -eight (28) square feet of assembly area. (b) Stadiums, skating rinks, gymnasiums, sports arenas, meeting and convention facilities and similar places of public assembly shall also provide a passenger loading /unloading zone. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1374. Bingo parlors, pool halls and game arcades. The minimum off - street parking requirements for bingo parlors, pool halls and game arcades are as follows: one (1) space for each four (4) seats in a bingo parlor, plus one (1) space for each video game, plus two (2) spaces for each pool table or other gaming device. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1375. Exercise gyms, spas, health clubs, etc. The minimum off - street parking requirements for exercise gyms, spas, health clubs and similar facilities are as follows: one (1) space for each twenty -eight (28) square feet of floor area devoted to physical activity other than racquetball or handball (exclusive of locker rooms, shower facilities, utility rooms and ancillary public areas), plus two and one -half (2.5) spaces for each racquetball and handball court. (Ord. No. NS -2091, § 1, 11- 19 -90) http: / /library2.municode.com /default- test/DoeView /14452/l /250/265 1/28/2010 31A-58 ARTICLE XV. OFF - STREET PARKING Page 14 of 19 Sec. 41- 1375.5. Martial arts, gymnastics, and dance studios. The minimum off - street parking requirement for martial arts, gymnastics, and dance studios where no food or beverage service is provided is as follows: one (1) space for each two hundred (200) square feet of gross floor area. (Ord. No. NS -2340, § 27, 12- 15 -97) Sec. 41 -1376. Lodges, clubs and dance halls. The minimum off - street parking requirements for lodges without sleeping quarters, clubs and dance halls are as follows: one (1) space for each twenty -eight (28) square feet of assembly area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1377. Carnivals. The minimum off- street parking requirements for carnivals are as follows: three (3) spaces for each booth or ride. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1378. Circuses. The minimum off - street parking requirements for circuses are as follows: one (1) space for each four (4) seats. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1379. Dance clubs, cabarets, night clubs and bars. The minimum off - street parking requirements for dance clubs, cabarets, night clubs and bars are as follows: one (1) space for each twenty -eight (28) square feet of assembly area. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2100, § 2, 12- 10 -90) Sec. 41 -1380. Unspecified entertainment or recreation uses or indoor sport facilities. (a) The minimum off - street parking requirement for any entertainment or recreation use or indoor sport facility which cannot reasonably be considered within the scope of any other section within this division are as follows: two (2) spaces for each one thousand (1,000) square feet of gross floor area, but in no case shall the parking be less than twenty (20) spaces. (b) The planning director shall determine which entertainment or recreation uses or indoor sport facilities are reasonably within another section of this division or are subject to the parking requirements of this section. Such determination may be appealed to the planning commission and the city council. (Ord. No. NS -2776, § 8, 9 -2 -08) http: / /Iibrary2.municode .com/default- test/DoeView /14452/l /250/265 1/28/2010 31A-59 ARTICLE XV. OFF - STREET PARKING Secs. 41-1381--41-1389. Reserved. DIVISION 5. INDUSTRIAL USES Sec. 414390. Manufacturing facilities. Page 15 of 19 (a) The minimum off - street parking requirements for manufacturing uses are as follows: two (2) spaces for each one thousand (1,000) square feet of production area. (b) Office space exceeding thirty (30) percent of the gross floor area of a manufacturing facility must meet the off - street parking requirements for office use. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 28,12-15-97) Sec. 41 -1391. Warehouses distribution, wholesale, data centers and commercial storage uses. (a) The minimum off - street parking requirements for warehouses distribution, wholesale, data centers and commercial storage uses are as follows: One (1) space for each one thousand (1,000) square feet of gross floor area. (b) Office space exceeding thirty (30) percent of the gross floor area of the warehouse or wholesale use must meet the off - street parking requirements for office use. (c) For purposes of this section, "distribution" means a facility which dispenses, divides, and/or deals goods or materials on a regular basis, other than sales at retail. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2275, § 23, 12- 18 -95; Ord. No. NS -2340, § 29, 12 -15- 97; Ord. No. NS -2494, § 11, 4- 15 -02) Editor's note: Ord. No. NS -2494, § 11, adopted April 15, 2002, changed the title of § 41 -1391 from "Warehouses and distribution and wholesale uses" to "Warehouses distribution, wholesale, data centers and commercial storage uses." The historical notation has been preserved for reference purposes. Sec. 41 -1392. Bulk storage yards and wholesale lumberyards. The minimum off - street parking requirements for bulk storage yards and wholesale lumberyards are as follows: one (1) space for each ten thousand (10,000) square feet of lot area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1393. Salvage yards, wrecking yards and impound yards. The minimum off - street parking requirements for salvage yards, wrecking yards and impound yards are as follows: four (4) spaces for each ten thousand (10,000) square feet of lot area. (Ord. No. NS -2091, § 1, 11- 19 -90) http: / /library2.municode.com/ default- test/DocView /14452/l/250/265 1/28/2010 31A-60 ARTICLE XV. OFF - STREET PARKING Sec. 41 -1394. Mini - warehouses. Page 16 of 19 (a) The minimum off - street parking requirements for mini - warehouses are as follows: (1) For the first nine hundred (900) storage units: one (1) space for each one hundred fifty (150) units. (2) For storage units in excess of nine hundred (900): one (1) space for each three hundred (300) units. (b) The spaces required by subsection (a) of this section shall be located outside of any secured storage unit area. (c) Two (2) parking spaces shall be provided for any on -site management unit on a mini - warehouse site. (d) Vehicular aisles on mini- warehouse sites shall be at least thirty (30) feet wide. (Ord. No. NS- 2091, § 1, 11- 19 -90) Sec. 41 -1395. Wholesale machinery and office equipment establishments. The minimum off - street parking requirements for wholesale machinery and office equipment establishments are as follows: two (2) spaces for each one thousand (1,000) square feet of gross floor area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1396. Passenger transportation services. The minimum off - street parking requirements for passenger transportation services are as follows: two (2) parking spaces per one thousand (1,000) square feet of building area and one (1) parking space for every two (2) fleet vehicles stored and intended for operation in connection with said use. (Ord. No. NS -2340, § 30, 12- 15 -97; Ord. No. NS -2470, § 8, 5 -21 -01) Sec. 41 -1397. Freight, bus and truck terminals. The minimum off - street parking requirement for freight, bus and truck terminals is as follows: two (2) parking spaces per 1,000 square feet of building area, and one (1) parking space for every two fleet vehicles stored and intended for operation in connection with said use. (Ord. No. NS -2470, § 9, 5- 21 -01) Secs. 41 -1398, 41 -1399. Reserved. DIVISION 6. EDUCATIONAL USES Sec. 41 -1400. Elementary schools and junior high schools. The minimum off - street parking requirements for elementary schools and junior high schools are as follows: one and one -half (1 1/2) spaces for each classroom, plus one (1) space for each three http: / /library2.municode.com /default- test/DocView /14452/l /250/265 1/28/2010 31A-61 ARTICLE XV. OFF - STREET PARKING Page 17 of 19 hundred thirty -three (333) square feet of office floor area. (Ord. No. NS- 2091, § 1, 11- 19 -90; Ord. No. NS -2340, § 31,12-15-97) Sec. 41 -1401. High schools. The minimum off -street parking requirements for high schools are as follows: one (1) space for each one hundred fifty (150) square feet of classroom floor area, plus one (1) space for each three hundred thirty-three (333) square feet of office floor area. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1402. Colleges, trade schools, business schools and adult education facilities. The minimum off - street parking requirements for colleges, trade schools, business schools and adult education facilities are as follows: one (1) space for each forty (40) square feet of classroom floor area, plus one (1) space for each three hundred thirty-three (333) square feet of office floor area. (Ord. No. NS- 2091, § 1, 11- 19 -90) Sec. 41 -1403. Museums, art galleries, amusement attractions and libraries. (a) The minimum off - street parking requirements for museums, art galleries, amusement attractions and libraries are as follows: one (1) space for each two hundred (200) square feet of floor area open to the public including assembly or conference facilities, and food facilities for the exclusive use of on -site patrons. Administrative office space is to be parked at one (1) space per three hundred thirty-three (333) feet of floor area. Restaurants open to the public are to be parked as provided for in this article. (b) Museums and libraries shall also provide one (1) bus parking stall for the first ten thousand (10,000) square feet of public area and one (1) space for each five thousand (5,000) square feet of floor area open to the public thereafter. (c) Museums, art galleries and libraries shall also provide a passenger loading /unloading zone. (d) Theaters in conjunction with such facilities shall be parked per the provisions of this article. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2299, § 2, 9 -3 -96; Ord. No. NS -2340, § 32,12-15-97) Secs. 41-1404--41-1409. Reserved. DIVISION 7. MISCELLANEOUS USES Sec. 41 -1410. Mortuaries and funeral homes. The minimum off - street parking requirements for mortuaries and funeral homes are as follows: one (1) space for each four (4) fixed seats, plus one (1) space for each thirty-five (35) square feet of floor area in any seating area without fixed seats, plus one (1) space for each business vehicle. (Ord. No. NS -2091, § 1, 11- 19 -90) http: / /library2.municode.com/ default- test/DocView /14452/l/250/265 1/28/2010 31A-62 ARTICLE XV. OFF - STREET PARKING Page 18 of 19 Sec. 41 -1411. Churches, chapels and religious meeting halls. (a) The minimum off - street parking requirements for churches, chapels and religious meeting halls are as follows: one (1) space for each three (3) fixed seats, plus one (1) space for each thirty -five (35) square feet of floor area in seating areas without fixed seats. (b) For purposes of this section, "seating areas" shall include congregation seating, prayer and cry rooms, pastor and choir areas, and similar areas. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1412. Child care facilities. (a) The minimum off - street parking requirements for child care facilities are as follows: one (1) space for each eight (8) individuals, plus one (1) space for each supervisor or teacher. (b) Child care facilities providing care or instruction to ten (10) or more individuals at any one (1) time shall also provide a passenger loading /unloading zone. (Ord. No. NS -2091, § 1, 11- 19 -90; Ord. No. NS -2176, § 6,9-21-92; Ord. No. NS -2340, § 33,12-15-97; Ord. No. NS -2446, § 24, 9 -18 -00) Sec. 41- 1412.5. Adult day care facilities. (a) Adult day care facilities shall be parked at the rate of one (1) space for each two hundred (200) square feet of activity or assembly area, plus one (1) space for each supervisor or teacher. (b) Whenever the parking requirement for an adult day care facility, as an ancillary use, exceeds the parking requirement for the primary use, the adult day care facility shall be parked at the rate of one (1) space for each two hundred (200) square feet of activity or assembly area, plus one (1) space for each supervisor or teacher. (c) Adult day care facilities providing care or instruction to ten (10) or more adults at any one (1) time shall also provide a passenger loading /unloading zone. (Ord. No. NS -2446, § 25, 9- 18 -00) Sec. 41 -1413. Public utility substations and communication facilities. The minimum off - street parking requirements for public utility substations and communication facilities are as follows: one (1) combination parking space and loading /unloading zone. (Ord. No. NS -2091, § 1, 11- 19 -90) Sec. 41 -1414. Rectories, priories, convents and other residential accessory church uses. The minimum off - street parking requirements for rectories, priories, convents and other residential accessory church uses are as follows: one (1) garage space per bedroom, plus spaces for guest parking equal to twenty -five (25) percent of the total required for nonguest parking. http: / /library2.municode .com/default- test/DocView /14452/l/250/265 1/28/2010 31A-63 ARTICLE XV. OFF - STREET PARKING Page 19 of 19 (Ord. No. NS- 2176, § 7, 9- 21 -92) Secs. 41- 1415 -41 -1419. Reserved. Sec. 41 -1420. Unspecified uses. (a) The minimum off -street parking requirements for any use conducted in a building which cannot reasonably be considered aswithin the scope of any other section of this article setting minimum parking space requirements are as follows: five (5) spaces for each one thousand (1,000) square feet of gross floor area. (b) The minimum off -street parking requirements for any use conducted outside of a building which cannot reasonably be considered as within the scope of any other section of this article shall be determined by the planning director. Such determination may be appealed to the planning commission and the city council. (Ord. No. NS -2091, § 1, 11- 19 -90) Secs. 41- 1421 --41 -1499. Reserved. http: / /library2.municode.com /default- test/DocView /14452/l/250/265 1/28/2010 31A-64 ATTACHMENT B QUEUING ANALYSIS 31A-65 Project Name: Location: Queuing Formula: ATTACHMENT B QUEUING ANALYSIS Corinthian College Parking Structure M = In p(x >Al) - In Qm -1 In p M = queue length which is exceeded p percent of the time 3.0 vehicles Number of vehicles in queue per lane 3.0 Required vehicle storage per lane in advance of gate 75 (at 25 feet per vehicle per lane) INPUT DATA: p(x >M) = acceptable probability of the queue exceeding the storage 5% N = number of service channels (drive -in positions) 1 Q = service rate per channel (vehicles per hour) 900 (Based on number of seconds per vehicle entry) 4 q = demand rate on the system (vehicles per hour) 498 p = demand rate / service rate = q / NQ = utilization factor 0.5533 Q m = tabled values of the relationship between queue length, 0.55333 number of channels, and utilization factor bk/2 -17 -10 RESOLUTION NO. 2010 -05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2010 -02 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2010 -01 AS CONDITIONED TO ALLOW THE ESTABLISHMENT OF A COLLEGE THAT DOES NOT COMPLY WITH THE CITY'S PARKING STANDARDS AT 500 WEST SANTA ANA BOULEVARD BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant, Corinthian Colleges, Inc., is requesting approval of Variance No. 2010 -02 and Conditional Use Permit (CUP) No. 2010- 01 to allow the establishment of a post- secondary educational institution that does not comply with the city's parking standards at 500 West Santa Ana Boulevard. B. Variance No. 2010 -02 and CUP No. 2010 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 22, 2010. C. Variance No. 2010 -02 and CUP No. 2010 -01 have been filed with the City of Santa Ana seeking to allow the establishment of a post- secondary educational institution that does not comply with the city's parking standards at 500 West Santa Ana Boulevard. D. Trade schools are allowed within the Professional (P) zoning district with an approved conditional use permit. The applicant is requesting approval of the conditional use permit to allow a professional trade school that primarily focuses on medical, business, accounting, criminal justice and paralegal training. E. The applicant has requested a reduction in the required parking assigned to trade schools. The parking structure provides a total of 258 parking spaces, while the Santa Ana Municipal Code requires 424 spaces. A variance allows an applicant to reduce parking based on demonstration Resolution No. 2010 -05 Page 1 of 11 31A-67 that the municipal code requirements should be lessened based on the applicant's proposed use and operation. F. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission 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 the provisions of this chapter. The proposed reduction in parking will allow a use to provide an ancillary service to the Civic Center and Downtown areas and thereby benefit the community. The reduced parking has been analyzed through a parking study conducted by a reputable parking engineer. After analysis of other similar sites and the school operation, the study concludes that the appropriate parking for the school use be reduced from the Santa Ana Municipal Code requirement. The school operation and off -site parking could create a negative impact to the surroundings and as such additional conditions have been placed on Variance No. 2010 -02 that will mitigate potential impacts created by the parking and ensure that the operation will not negatively affect the surrounding community. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the parking variance allows the applicant to operate a school within the Professional zone adjacent to the Civic Center and downtown. The reduction in parking has been analyzed through a parking study and conditions have been added to ensure the operation will be a positive addition to the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The approval of the variance will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create negative or adverse impacts. The conditions imposed on the variance will mitigate any Resolution No. 2010 -05 Page 2 of 11 Ikii_[_Q;fee� potential impacts that might occur from the proposed school. The additional business will assist in promoting the economic viability and enhance the livability for this area of the Civic Center and downtown. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a school pursuant to Chapter 41 of the Santa Ana Municipal Code. 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed modifications will not adversely affect the General Plan. School uses are permitted within the Professional (P) zoning district and the Professional and Administrative Offices (PAO) General Plan designation. The project will help to facilitate Goal 2.0 to "Promote land uses which enhance the City's economic and fiscal viability." The variance and conditional use permit supported will help to provide a service to complement other uses within the growing Civic Center and downtown. A school use, appropriately conditioned, adds to the uses commonly found within professional office areas as well as the Civic Center and downtown. G. Section 41 -313.5 of the Santa Monica Municipal Code allows professional and trade schools in the P zoning district with a CUP issued with findings: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The addition of the professional trade school will add an additional education opportunity to the existing community. This will provide residents an additional opportunity for education in relation to a professional career path. Policy 4.3 of the Land Use Element encourages land uses which provide community and regional service benefits. 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? The proposed professional trade school will not be detrimental to persons residing or working in the area. Policy 5.5 of the Land Use Element encourages projects that are compatible with and supportive of surrounding land uses. Conditions of Resolution No. 2010 -05 Page 3 of 11 yi_I.�i approval will help to ensure that the operation of the use will not negatively impact the surrounding area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed professional trade school will not negatively affect the economic stability of the surrounding area. The proposed use is consistent with the Professional zoning district and the Professional and Administrative (PAO) General Plan designation. The school will be located within the Civic Center and Downtown areas. This project site is located at a critical location between these areas. The infusion of a school use, with its student population, will help to provide a bridge between the government institutions and a robust commercial downtown. Lastly, the conditions of approval will help to mitigate any potential problems and will minimize the possibility of the trade school affecting the surrounding community. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed professional trade school meets the requirement of the Santa Ana Municipal Code Section 41- 313.5(c), which requires that a professional trade school obtain a conditional use permit. In addition, the applicant is requesting the approval of Variance No. 2010 -02 for a reduction of on -site parking for the proposed trade school. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The subject site is located within an area designated with the General Plan land use designation as Professional and Administrative (PAO). Additionally, the site is located within an existing office building and is compatible with the surrounding commercial and professional uses. Policy 5.4 of the Land Use Element of the General Plan supports land uses which are consistent with the Land Use Plan of the Land Use Element. Further, Policy 5.5 (Land Use Element) also encourages development which is compatible with, and supportive of surrounding land uses. Resolution No. 2010 -05 Page 4 of 11 H. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15301(a). This Class 1 exemption allows existing facilities that will undergo minor interior alterations and are consistent with all applicable General Plan designations. Categorical Exemption Environmental Review No. 2009 -179 will be filed for this project Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2010 -02, as conditioned in Exhibit "A" attached hereto and incorporated herein, and Conditional Use Permit (CUP) No. 2010 -01 as conditioned in Exhibit "B" attached hereto and incorporated herein to allow the establishment of a post- secondary educational institution that does not comply with the city's parking standards at 500 West Santa Ana Boulevard This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 22, 2010 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of February, 2010 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Turner (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Eric Alderete Chairman 31A-71 Resolution No. 2010 -05 Page 5 of 11 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2010 -05 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 22, 2010. Date: Planning Commission Secretary City of Santa Ana 31A-72 Resolution No. 2010 -05 Page 6 of 11 Conditions for Approval for Variance No. 2010 -02 Variance No. 2010 -02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division The project shall remain in compliance with Site Plan Review DP No. 09- 61. 2. The maximum parking reduction permitted on the property is 33 percent. The proposed trade school shall be limited to the areas defined by the approved floor plans. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The conditional use permit shall be reviewed at six months, nine months, and one year. 5. The school shall secure an additional 27 off -site parking spaces within 1,200 feet of the subject property. The applicant shall provide to the Planning Division current copies of executed parking lease agreements. 6. Off -site parking facility shall accept the school parking placard for entrance and exiting or the school use shall subsidize the parking fee off -site. 7. To reduce vehicle queuing, the on -site parking structure shall provide one of the following: EXHIBIT A Resolution No. 2010 -05 Page 7 of 11 31A-73 a. An electronic pass card system b. Parking permit/placard display upon entrance and exit 8. Public parking shall not be permitted within the parking structure at 500 West Santa Ana Boulevard. 9. The applicant shall post and maintain a professional quality sign on the parking structure of the premises prohibiting public parking. 10. The schedule of classes shall allow for a minimum of 20 minutes between the end of one shift and the beginning of the next shift. 11. Bike rack(s) to accommodate a minimum of ten bicycle parking spaces shall be provided at convenient location(s). Bike rack designs shall be reviewed and approved by the Planning Division. 12. Provide a transit information area within the lobby displaying and providing information on alternative modes of transportation. Items provided shall include, but not limited to, bus schedules, transit passes and carpool or ride matching information. 13. A minimum of one security guard shall be provided beginning at least 30 minutes before the first shift of the day and after the last shift ends. The Chief of Police or his designate shall first approve every security guard employed. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. Resolution No. 2010 -05 Page 8 of 11 31A-74 Conditions for Approval for Conditional Use Permit No. 2010 -01 Conditional Use Permit No. 2010 -01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant 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. Plannin i Division 1. The project shall remain in compliance with Site Plan Review DP No. 09 -61. 2. A variance for parking reduction shall be approved prior to issuance of a certificate of occupancy. The proposed trade school shall be limited to the areas defined by the approved floor plans. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The conditional use permit shall be reviewed at six months, nine months, and one year. 5. The school shall secure an additional 27 off -site parking spaces within 1,200 feet of the subject property. The applicant shall provide to the Planning Division current copies of executed parking lease agreements. 6. Off -site parking facility shall accept the school parking placard for entrance and exiting or the school use shall subsidize the parking fee off -site. 7. To reduce vehicle queuing, the on -site parking structure shall provide one of the following: a. An electronic pass card system b. Parking permit/placard display upon entrance and exit EXHIBIT B Resolution No. 2010 -05 Page 9 of 11 31A-75 8. Public parking shall not be permitted within the parking structure at 500 West Santa Ana Boulevard. 9. The applicant shall post and maintain a professional quality sign on the parking structure of the premises prohibiting public parking. 10. The schedule of classes shall allow for a minimum of 20 minutes between the end of one shift and the beginning of the next shift. 11. Bike rack(s) to accommodate a minimum of ten bicycle parking spaces shall be provided at convenient location(s) on -site. Bike rack designs shall be reviewed and approved by the Planning Division. 12. Provide a transit information area within the lobby displaying and providing information on alternative modes of transportation. Items provided shall include, but not limited to, bus schedules, transit passes and carpool or ride matching information. 13. A minimum of one security guard shall be provided beginning at least 30 minutes before the first shift of the day and after the last shift ends. The Chief of Police or his designate shall first approve every security guard employed. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the Chief of Police, the permittee shall increase the number of uniformed, licensed security guards to a total number of guards as determined by the Chief of Police. Resolution No. 2010 -05 Page 10 of 11 lki V L� PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. 1 served the foregoing document described as: Resolution No. 2010 -05 (Conditional Use Permit No. 2010 -01 and Variance No. 2010 -02) in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: David Attar Terri Lee CIM Urban REIT Properties L. P. Hendy Associates 6922 Hollywood Boulevard, 9th Floor 4770 Campus Drive, Suite 100 Los Angeles, CA 90028 Newport Beach, CA 92660 Brian Berkhausen, Vice President Real Estate Corinthian Colleges, Inc. 6 Hutton Centre Drive, Suite 400 Santa Ana, CA 92707 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 31A-77 iksil_llm:,� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: EXTENSION OF VARIANCE NO. 2007-09 AND MINOR EXCEPTION NO. 2007-04 TO ALLOW THE CONSTRUCTION OF A COMMERCIAL BUILDING AT 2230 NORTH TUSTIN AVENUE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Variance No. 2007 -09. 2. Adopt a resolution approving the extension of Minor Exception No. 2007 -04. DISCUSSION In March 2008, the City Council approved Variance No. 2007 -09 and Minor Exception No. 2007 -04 to allow the construction of a 6,200 square foot commercial building on the southwest corner of Tustin and Santa Clara Avenues. The variance allowed a reduction in the landscaped setbacks and parking lot landscaping for the project, while the minor exception approved a reduction in required parking (Exhibit 1). Due to a significant shift in the local, state and national economies over the past two years, the owner of the property, the Heinecke Family Trust, has been unable to secure a tenant(s) necessary to begin construction of the building. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the applicant would like to maintain the entitlements for the variance and minor exception and is requesting an extension. Section 41 -647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of entitlements. Although the project has yet to be submitted into plan check, the applicant is hopeful that the current economic conditions will improve in the near future and allow construction to commence. As a result, staff recommends that the entitlements for the commercial building be extended by a period of one year. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. 55A -1 Extension of Variance No. 2007 -09 & Minor Exception No. 2007 -04 April 5, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. , Jai Trevino Executive Director Planning and Building Agency VF:rb vf\ reports \va07 -09 &meO7- 4.extension.cc Exhibit: 1. Site Plan 55A -2 EXHIBIT 1 55A -3 i 1 I i i I i� Is I I x H Q w 0 a O a w 0 w� �w C� H w cn 0 V h N O C O S f r 55A -4 KO — 3/23/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2007 -09 AS CONDITIONED AND MINOR EXCEPTION NO. 2007 -04 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 2230 NORTH TUSTIN 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. On March 3, 2008, the City Council received and filed the Planning Commission resolution approving Variance No. 2007 -09 allowing a reduction in the landscaped setbacks and parking lot landscaping and Minor Exception No. 2007 -04 allowing a reduction in required parking for the property located at 2230 North Tustin Avenue. B. The applicant has requested a one year extension Variance No. 2007 -09 and Minor Exception No. 2007 -04. C. The extension request came before the City Council on April 5, 2010. D. The project has been delayed according to the applicant due to the current economic environment. E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. F. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. The following entitlements are hereby extended for a period of one (1) year from the date of this Resolution: A. Variance No. 2007 -09 as conditioned, and B. Minor Exception No. 2007 -04 as conditioned. Resolution No. 2010 -XXX 55A -5 Page 1 of 3 This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated April 5, 2010 and exhibits attached thereto, and any public testimony, all of which are incorporated hereby this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of April, 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2010 -XM Page 2 of 3 55A -6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010- 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. 2010 -XXX 55A -7 Page 3 of 3 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 5, 2010 TITLE: EXTENSION OF VARIANCE NO. 2008-01 TO ALLOW THE CONSTRUCTION OF A FELLOWSHIP HALL FOR THE JOHNSON CHAPEL AME CHURCH AT 1309 WEST SECOND STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Variance No. 2008 -01. DISCUSSION In April 2008, the City Council approved Variance No. 2008 -01 to allow the construction of a 10,700 square foot fellowship hall and family life center on the northwest corner of Second and Bristol Streets. The building will replace a structure that was acquired and demolished by the City as part of the Bristol Street Widening Project. The approved variance allowed a 10 foot reduction in the side yard setback along the west property line (Exhibit 1). Due to a significant shift in the local, state and national economies over the past two years, the Johnson Chapel AME Church has been unable to raise enough funds to begin construction of the building. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the Church would like to maintain its variance and is requesting an extension. Section 41 -647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of entitlements. Although the project has yet to be submitted into plan check, the fellowship hall and family life center are an integral part of the Church's operations and will be built as soon as funds are secured. In fact, the Church has had to rely on utilizing temporary trailers as meeting space until the permanent structure is built. The Church is anticipating an improvement in the economic conditions that will allow construction to commence. As a result, staff recommends that the variance for the fellowship hall and family life center building be extended by a period of one year. 55B -1 Extension of Entitlement for Variance No. 2008 -01 April 5, 2010 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. FISCAL IMPACT There is no fiscal impact associated with this action. � �- —L. —L-., a . Trevino Executive Director Planning and Building Agency VF:rb vf\reports \va08- 01.extension.cc Exhibit: 1. Site Plan .. N1^Y LA 'NIW7�Q�BW7R E .� •••. •'•V'I'd H?IO t1`OH�J eT` Nsi ?� Fam a:l •n1.'vuM6 i.Y�7 Y '�. axx�t� 1 W :S j x•p11 ti Lffi, � f: i VA 08 -1 EXHIBIT 7 55B -3 �i a a Q v 55B -4 KO — 3/23/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2008 -01 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1309 WEST SECOND STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 7, 2008, the City Council received and filed the Planning Commission resolution approving Variance No. 2008 -01 as conditioned for the property located at 1309 West Second Street. B. The applicant has requested a one year extension Variance No. 2008 -01. C. The extension request came before the City Council on April 5, 2010. D. The project has been delayed according to the applicant due to the current economic environment. E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. F. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Variance No. 2008 -01 as conditioned is hereby extended for a period of one (1) year from the date of this Resolution. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated April 5, 2010 and exhibits attached thereto, and any public testimony, all of which are incorporated hereby this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2010 -XXX 55B -5 Page 1 of 3 ADOPTED this day of April, 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2010 -)= Page 2 of 3 55B -6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010- 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. 2010 -XXX 55B -7 Page 3 of 3 L : 0;�A REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 05, 2010 TITLE: PUBLIC HEARING — COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2010 -2011 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 1. Approve the proposed fiscal year 2010 -2011 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's fiscal year 2010 -2011 allocation of Community Development Block Grant funds and execute the grant agreement with the United States Department of Housing and Urban Development (HUD). 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute agreements with nonprofit agencies and /or sub - recipients awarded funds as part of the approved program. DISCUSSION Since fiscal year 1974 -1975, Santa Ana has received Community Development Block Grant (CDBG) funds to improve low- and moderate - income neighborhoods, eliminate blight and create a more stable economic base. These funds have been used for a diverse range of programs including housing, street improvements, parks and public facilities improvements, social services, historic preservation and community services. It is important to note that as of the date this document was prepared, HUD has not notified the City of the actual amount of funds it will receive for the aforementioned grants. For planning purposes, the City is estimating that the City's entitlement for fiscal year 2010 -2011 will be $7,375,000; An adjustment based on the final 2010- 2011 grant amount will be necessary when HUD publishes final numbers. The Public Facility Improvements category will be adjusted to reflect any difference between the City's estimate and the final grant amount. The funding allows for no more than fifteen percent of this entitlement to be used for social service programs. 75A -1 Public Hearing — CDBG Program FY 2010 -2011 April 05, 2010 Page 2 In past years, the City has used an application process to make public service funds available to nonprofit organizations that meet one of the priorities identified in the City's Consolidated Plan (the City's five -year strategic plan that identifies housing and community needs that is required by HUD). Like communities throughout the nation, the current economic climate continues to present serious budget challenges to Santa Ana. These challenges include an increased demand for a variety of municipal services, the redirection of local revenues to the state, and an overall decline in various tax revenues. To address these challenges, the City has made the difficult decision to limit the amount of CDBG funds available for nonprofits for the 2010 -2011 Fiscal Year to City- managed programs. Therefore, request proposals for public services were not requested from the non - profit community. The proposed fiscal year 2010 -2011 CDBG progra funding recommendations for the program. The opportunity for public input and the completion of approved program to HUD. FISCAL IMPACT m and budget (Exhibit 1) consists of the staffs City Council public hearing will provide an the process necessary to submit our locally Approval of the recommended action will authorize the City Manager to submit the approved program to HUD and to execute a grant agreement, which will result in the City's CDBG letter of credit being augmented by $7,375,000. Cynthi J. Nelso Deputy City Manager for Development Services Community Development Agency CJN /NTE /FH /kg Exhibit 1: Program Recommendations APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director r�?j Finance & Management Services Agency 75A -2 PROPOSED 2010 -11 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TAB Administration & Planning 1 City of Santa Ana /CDA- Administration 2 Orange County Fair Housing Council 2010 -11 REQUEST 2010 -11 STAFF RECOMMENDATION $ 875,000 $ 875,000 $ 74,000 $ 74,000 Total Administration & Planning $ 949,000 $ 949,000 Code Enforcement 3 City of Santa Ana /PBA & CAO -Code Enforcement $ 1,700,000 $ 1,700,000 Public Services Total Code Enforcement $ 1,700,000 $ 1,700,000 4 City of Santa Ana -PRCSA -After School Tutoring $ 269,711 $ 5 City of Santa Ana - Police Dept. - Helicopter Program $ 250,000 6 City of Santa Ana - PRCSA- Project PRIDE $ 600,000 $ 600,000 7 City of Santa Ana - PRCSA- Senior Health and Nutrition $ 158,619 $ 150,000 131,118 $ 56,000 Total Public Services $ 1,159,448 $ 1,056,000 Capital Improvements 8 City of Santa Ana /CDA - Public Facility Improvement $ 2,500,000 $ 9 City of Santa Ana /PWA- Neighborhood Street Improvements $ 2,500,000 10 City of Santa Ana /PRCSA- Neighborhood Park Improvements $ 435,000 $ 455,000 11 Millennium Dance Association $ 450,000 $ 460,000 2,015,000 $ - Total Capital Improvements $ 5,400,000 $ 3,415,000 Housing Rehabilitation 12 Paint Your Heart Out $ 13 Rebuilding Together O.C. $ 90,000 $ 90,000 14 City of Santa Ana /CDA - Multi - Family Rehab Loans $ 40,000 $ 40,000 125,000 $ 125,000 Total Housing Rehabilitation $ 255,000 $ 255,000 TOTAL 9,463,448 7,375,000 Exhibit 1 75A -3 75A-4 REQUEST FOR COUNCIL/ HOUSING AUTHORITY ACTION MEETING DATE: APRIL 5, 2010 TITLE: AMENDMENT TO AGREEMENT WITH THE SANTA ANA HOUSING AUTHORITY FOR TENANT -BASED RENTAL ASSISTANCE PROGRAM CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached amendment to the cooperative agreement between the City of Santa Ana and the Santa Ana Housing Authority adding an additional $110,000 for a total of $610,000 for the Housing Opportunities for Persons with AIDS (HOPWA) tenant -based rental assistance program, subject to non - substantive changes approved by the City Manager and City Attorney. HOUSING AUTHORITY ACTION Authorize the Executive Director of the Housing Authority to execute the attached amendment to the cooperative agreement between the City of Santa Ana and the Santa Ana Housing Authority adding an additional $110,000 for a total of $610,000 for the tenant -based rental assistance program, subject to non - substantive changes approved by the Executive Director and Authority General Counsel. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on March 16, 2010, by a vote of 4:0, (Villasenor absent), the Community Redevelopment and Housing Commission recommended that the City Council authorize the City Manager and the Clerk of the Council to execute an amendment to the cooperative agreement between the City of Santa Ana and the Santa Ana Housing Authority adding an additional $110,000 for a total of $610,000 for the tenant -based rental assistance program, subject to non - substantive changes approved by the City Manager and City Attorney; and recommended that the x:1111 w Amendment to Agreement with the Santa Ana Housing Authority for HOPWA Program April 5, 2010 Page 2 Housing Authority authorize the Executive Director of the Housing Authority to execute an amendment to the cooperative agreement between the City of Santa Ana and the Santa Ana Housing Authority adding an additional $110,000 for a total of $610,000 for the tenant -based rental assistance program, subject to non - substantive changes approved by the Executive Director and Authority General Counsel. DISCUSSION The City of Santa Ana receives the federally funded HOPWA grant as it is the most populous city in Orange County. A strategic planning meeting was held on January 22, 2009, to determine' priorities for the 2009/2010 funds. Representatives from the Orange County Health Care Agency, service providers from throughout the county, HIV /AIDS infected and affected individuals and City staff participated in the meeting. The recommended funding level for the Santa Ana Housing Authority to administer the HOPWA rental assistance program was $500,000. At this time, there will be a shortfall in funds to fully fund the rental assistance for the fifty participants through June 30, 2010, which is the end of the current program year. The portion of rent the Santa Ana Housing Authority is responsible to pay the landlords has increased greatly. At this time, the Santa Ana Housing Authority is requesting an amendment for additional funds in the amount of $110,000 (Exhibit 1). These additional funds are available from unexpended prior year allocations and will increase the agreement to $610,000. Any funds unexpended by the Santa Ana Housing Authority at the close of the program year will be reallocated to other eligible activities. FISCAL IMPACT Funds are available in the Federal HOPWA Program Grant (account no. 40518761- 69135). APPROVED AS TO FUNDS AND ACCOUNTS: ShellyvLandry-Bayle J Francisco Gutierrez C, Housing Manager Executive Director Community Development Agency Finance & Management Services Agency CJN /SLB /LF /mlr Exhibit: 1. Amendment to Cooperative Agreement x:11 FIRST AMENDMENT TO COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA HOUSING AUTHORITY This First Amendment to the Cooperative Agreement ( "Amendment ") is hereby entered into this day of , 2010, by and between the City of Santa Ana ( "City ") and the Santa Ana Housing Authority ( "Project Sponsor "). RECITALS: A. City, on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development ( "HUD ") pursuant to the Housing Opportunities for Persons With AIDS ( "HOPWA ") Program, and City has entered into a HOPWA grant agreement with HUD. B. City and Project Sponsor entered into the "Cooperative Agreement Between the City of Santa Ana and the Santa Ana Housing Authority" ( "Cooperative Agreement ") on July 1, 2009, whereby the Project Sponsor has provided leadership and is responsible for planning and providing comprehensive HIV services for clients throughout Orange County. Project Sponsor also maintains the wait list for the program, and provides services to support the Tenant -Based Rental Assistance Program consisting of financial eligibility of tenants, HQS inspections, and financial responsibility for housing assistance payments to landlords. C. Due to increases in Housing Assistance Payment costs, the parties desire to amend the Cooperative Agreement, adding an additional One Hundred Ten Thousand Dollars to the Cooperative Agreement. WHEREFORE, in consideration of the mutual and respective covenants and promises contained in the Agreement, and subject to all the terms and conditions of the Agreement, City and the Project Sponsors agree as follows: 1. The Cooperative Agreement shall be amended to include in Section III. Budget, an additional One Hundred Ten Thousand Dollars ($110,000) in Housing Assistance Payments /Program Expense for a total Maximum Obligation of Six Hundred Ten Thousand Dollars ($610,000). 2. Except as hereinabove modified, the terms and conditions of the Agreement remain in full force and effect. 1 Exhibit 1 8OA -3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment the date stated above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa E. Storck Assistant City Attorney APPROVED AS TO CONTENT: David N. Ream City Manager SANTA ANA HOUSING AUTHORITY Cynthia J. Nelson Executive Director 2 Exhibit 1 8OA -4