Loading...
HomeMy WebLinkAbout FULL PACKET_2010-10-18MINUTES OF THE JOINT SPECIAL MEETING OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE SEPTEMBER 27, 2010 CLOSED SESSION MEETING CITY HALL 20 CIVIC CENTER PLAZA, ROOM 831 SANTA ANA, CALIFORNIA 5:18 P.M. COUNCIL MEMBERS Present: MIGUEL A. PULIDO, Mayor (Left at 5:18 p.m.) CLAUDIA ALVAREZ, Mayor Pro Tern (Left at 5:18 p.m.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ (Left at 5:18 p.m.) VINCENT F. SARMIENTO (5:28 p.m.) SAL TINAJERO STAFF Present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney CYNTHIA J. NELSON, Executive Director of Community Redevelopment Agency MARIA D. HUIZAR, Clerk of the Council The following modifications to the Agenda were announced: • City Attorney Fletcher announced that only items 1A and 1 B (City Council Items) would not be considered at tonight's meeting. • Mayor Pulido, Mayor Pro Tern Alvarez, and Councilmember Martinez excused themselves from the meeting due to conflict of interests. Mayor Pro Tern Alvarez noted a conflict of interest due to the nature of her employment with the District Attorney's Office and Mayor Pulido and Councilmember Martinez abstained due to campaign contributions. They left the room and did not participate in consideration of the item. Council Meeting recessed at 5:18 p.m. to obtain quorum and reconvened at 5:31 p.m. with four members present - Benavides, Bustamante, Sarmiento, and Tinajero. CITY COUNCIL MINUTES - SPECIAL MEETING 1 SEPTEMBER 27, 2010 1 0A -1 Councilmembers by vote of acclamation selected Councilmember Bustamante as Chair of the Meeting to hear Public Comments. City Attorney Fletcher introduced Kevin Ennis of Law Offices of Richards, Watson, and Gershon who is outside Counsel that was consulted on this matter. PUBLIC COMMENTS • Alfredo Amezcua — expressed concerns that items on the Agenda were not open for public discussion; members of the public came to address council on items 1A and 113, but only 1C considered; proposed that meeting be postponed and placed on Regular Agenda for open session and update the public on new developments of projects. • Claudio Gallegos — echoed Alfredo Amezcua's sentiments on having an open session; asked for full transparency during the proceedings of this item. • Julie Stroud — concerned with allegation of conflict of interest violations; asked council to be more transparent. • Tish Leon — disappointed that items 1A and 113 were removed from Agenda; SACRed continues to work hard to make sure project moves forward. CLOSED SESSION ITEMS City Council Items (Not Considered) 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Friends of the Historic Lacy Neighborhood vs. City of Santa Ana and Community Redevelopment Agency of the City of Santa Ana et al. OCSC Case No. 30- 2010 - 00388033 1B CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b)(3)(A) and (c). — 1 Case Community Redevelopment Agency Item 1 C CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property: Agency -Owned properties in the area bounded by Santa Ana Blvd. on the north, Poinsettia St on the east, Brown, 5 and 4 Sts. on the south and Minter St. on the west including: 501, 505, 511, 601, 606, 607, CITY COUNCIL MINUTES - SPECIAL MEETING 2 SEPTEMBER 27, 2010 1 0A -2 Agency negotiator: Parties with whom negotiating Under negotiation: 610, 615, 616, 620, 621 & 712 E. Fifth St.; 602, 609, 618, 619, 622, 623, 625, 626 & 630 N. Garfield St.; 601,604, 605, 606, 609, 611, 614, 620 & 622 N. Lacy St.; 612, 614, 622, 626, 714 & 804 E. Santa Ana Blvd.; 601, 602, 609, 617, 709, 710, 711, 714 & 720 E. Sixth St.; 801, 809, 901 & 905 Brown St.; and, 611 N. Minter St. Cindy Nelson, Executive Director of Community Redevelopment Agency Santa Ana Station District LLC and/ Urban Ventures. Price and Terms of Payment for the Sale of Agency -owned Real Property. COUNCIL RECESSED at 6:32 p.m. and reconvened at 6:37 p.m. with same members present. ADJOURNED Maria D. Huizar, Clerk of the Council 6:47 P.M. CITY COUNCIL MINUTES - SPECIAL MEETING 3 SEPTEMBER 27, 2010 1 0A -3 1 0A -4 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA OCTOBER 4, 2010 CLOSED SESSION MEETING CALLED TO ORDER CITY HALL 20 CIVIC CENTER PLAZA, 8TH FLOOR SANTA ANA, CA 5 :15 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5 :25 P.M.) CLAUDIA ALVAREZ, Mayor Pro Tem 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 City Council Items 1A CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Management Association Santa Ana Police Officer's Association Santa Ana Police Management Association CITY COUNCIL MINUTES 10B -1 1 OCTOBER 4, 2010 1 B PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 Title: City Attorney Community Redevelopment Aqencv Items 2A CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Property: +2.7 acres of Agency -owned land on the south side of Garden Grove Blvd immediately west of the Santa Ana River -1600 Memory Lane, Santa Ana. Aqencv negotiator: Cindy Nelson, Agency Executive Director Party with whom negotiating: VISTA DEL RIO HOUSING PARTNERS, L.P. a California limited partnership Under negotiation: Price and Terms of Payment of Sale of Property 2B CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Property: Agency -owned Real Property located at the northeast corner of Third & Bush Streets consisting of a parking lot and adjacent vacated portion of Spurgeon Street. Aqencv negotiator: Cindy Nelson, Agency Executive Director Party with whom negotiating: Fiesta Marketplace Partners Under negotiation: Price and Terms of Payment for Lease of Sale of Property ADJOURNED [:Iti>:7�IJi� CITY COUNCIL MINUTES 2 OCTOBER 4, 2010 10 B -2 REGULAR CITY COUNCIL MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6 :12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tem CARLOS BUSTAMANTE P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS STAFF Present: DAVID N. REAM, City Manager JOSEPH FLETCHER, City Attorney MARIA D. HUIZAR, Clerk of the Council Mayor Pulido Robert Barnett, Police Chaplain EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 20 YEARS OF SERVICE Gregg R. Wiles, Principal Programmer Analyst, Finance and Management Services Agency David Valentin, Police Lieutenant, Police Department 25 YEARS OF SERVICE Manuel Novella, Equipment Operator -Motor Sweeper, Public Works Agency CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Sammy Montoya in recognition of La Chiquita Restaurant's 60th Anniversary. CITY COUNCIL MINUTES 3 OCTOBER 4, 2010 10B -3 CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to James Lynn for inventing the board game Spingali. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to Marisela Longacre in recognition of Jackson Elementary School winning the 2010 Governor's Fitness Challenge and to Officer Tom Serafin, from the Santa Ana Police Athletics and Activities League for providing their support and encouragement for the success of the fitness program at Jackson Elementary. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Armando and Rose Farias for relocating their business, House of Stickers, from Fountain Valley to Santa Ana. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Ronny Rios for his outstanding boxing record and to Sal Rios for making his boxing pro - debut in Los Angeles where he won by a TKO. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to Colleen Mensel recognizing the Heritage Museum of Orange County for their support of children's educational programs. CLOSED SESSION REPORT — Nothing to report. PUBLIC COMMENT • Dan Rogers — President of Goodwill Industries, indicated that they have a paper shredding business; offer fitness center for people with disabilities at their location on St. Andrews and Grand; support housing project at Visa del Rio. • Queen Boston — thanked Goodwill Industries for programs offered to people with disabilities and for finding her employment after being homeless. • Gregory Mathis — thanked the council for support of Vista del Rio project; critical time to move project forward; noted some programs sponsored by Goodwill. • Bill Mason —spoke in support of Item 31 B. • Dave Lopez —also spoke in support of Item 31 B. • Luis Sarmiento — representing Latino Health Access and SACRed coalition, asked Council to reconsider signing the Community Benefits Agreement previously proposed on the Station District project since item up for reconsideration (CRA Item #3). • Mike Tardiff — concerned with start time of Regular Business since it begins after Closed Session; would like council to consider having firm start time like other local jurisdictions. CITY COUNCIL MINUTES 4 OCTOBER 4, 20'10 10 B -4 • Alfredo Amezcua — disappointed with article published by the LA Times over the weekend on the use of redevelopment funds and commented on start time of special meeting held on September 27, 201 O. • Alex Vega — talked about changes in Santa Ana and with his family in the past couple of decades. • George Collins — commented on success and turnout of "Celebrate Santa Ana "; will be replaying segments he recorded on his website. • Thomas Gordon — indicated that graffiti task force page is outdate; commented on redevelopment funds so far spent on Station District; asked council to vote on projects that are good for the community. CONSENT CALENDAR MOT /ON: Approve Consent Calendar Items 1 OA through 3� B with the following modifications: • Mayor Pro Tem Alvarez voted "No" on Item 19C; • Item 19D continued for 2 weeks; and • Councilmember Sarmiento pulled item 25F for separate discussion; MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF REGULAR MEETING OF SEPTEMBER 20, 2010 -Clerk of the Council Office MOT /ON: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — Nothing to report. CITY COUNCIL MINUTES 10 B -5 5 OCTOBER 4, 2010 19B EXCUSED ABSENCES —None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - (City Manager's Office) - Clerk of the Council Office MOT /ON: 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. Mayor Pro Tem Alvarez voted "No" on item 19C. 19D WATER METER REPLACEMENT SERVICES - .Public Works Agency MOT /ON: Continue consideration of matter to the October 18, 2010 Council meeting. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOT /ON: Award in accordance with Request for Council Action. (Items 22A through 22E) 22A SPEC. NO. 09 -030 -CHAIN LINK FENCE RENTAL -Renew the contract with S & S Rent -A -Fence for cone -year period in an annual amount not to exceed $44,000 (Public Works Agency and Community Development Agency) - Finance &Management Services 22B SPEC. NO. 06 -125 - PAINT AND SUPPLIES - Renew the contract with Vista Paint Corporation fora one -year period in an annual amount not to exceed $80,000 - Finance &Management Services 22C SPEC. NO. 10 -035 - DELL COMPUTERS - Award a contract to Dell Computer Corporation in an amount not exceed $28,000 funded by the Department of Labor Earmark Grant (Community Development Agency) - Finance &Management Services 22D SPEC. NO. 07 -069 - CHEMICALS, SOIL, PLANT AND WATER TREATMENT -Renew contracts for cone -year period in annual amounts as follows: CITY COUNCIL MINUTES 6 OCTOBER 4, 20'10 10B -6 Vendor Location Amount Crop Production Services, Inc Santa Ana $35,000 Waterline Technologies, Inc. Santa Ana $28,000 22E SPEC. NO. 10 -036 - REPLACEMENT OF POLICE PATROL SEDANS - Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of the County of Los Angeles, in an amount of $679,253.75 (Police Department) - Finance 8� Management Services AGREEMENTS MOT /ON: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney. (Item 25A through 25E) 25A AGMT NO. 2010 -190 - TERRORISM LIAISON OFFICER TRAINING SERVICES -With Knowledge &Intelligence Program Professionals, in an amount not to exceed $200,000 - Police Department 25B MAINTENANCE AND REPAIRS OF AIR CONDITIONING SYSTEM -Fire Department MOT /ON: 1. AGMT NO. 2010 -191 - Execute an amendment with Johnson Controls in an amount of $7,000. 2. Approve an appropriation adjustment. (Requires five afifirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -070 - Recognizing $7,000 in the Fire Department Facilities Fund revenue account and appropriate same to the Fire Department Facilities Fund expenditure account 25C INSTALLATION OF EQUIPMENT AT EL SALVADOR PARK - Parks, Recreation &Community Services Agency MOT /ON: 1. AGMT NO. 2010 -192 - Execute a lease agreement amendment with TowerCo Assets LLC. CITY COUNCIL MINUTES 7 OCTOBER 4, 20'10 10 B -7 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -067 - Recognizing $3,600 in the Capital Outlay Fund revenue account and appropriate same to the Capital Outlay Fund expenditure account 25D AGMT NO. 2010 -193 - TESTING AND INSPECTION SERVICES OF VARIOUS CAPITAL IMPROVEMENT PROJECTS - Execute an amendment with United Inspection & Testing, Inc., increasing compensation by $100,000 for a total agreement amount not to exceed $536,338 - Public Works Agency 25E AGMT NO. 2010 -194 - ACQUISITION SETTLEMENT AGREEMENT FOR BRISTOL STREET CORRIDOR (PROJECT NO. 08 -1700) - Execute a settlement agreement with Bristol Drug Company, Inc. in an amount of $550,000 - Public Works Agency 25F TEMPORARY ENGINEERING AND TECHNICAL SUPPORT SERVICES MOT /ON: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2010 -195 -With PDS Technical Services in an amount not to exceed $300,000 - Public Works Agency MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) LAND USE MATTERS CONDITIONAL USE PERMITNARIANCES CITY COUNCIL MINUTES 1OB -8 8 OCTOBER 4, 201 O 31A CONDITIONAL USE PERMIT NO. 2010 -14 TO ALLOW PARKING FOR A COIN - OPERATED LAUNDROMAT FACILITY IN THE TWO FAMILY RESIDENCE WITH A B SUFFIX ZONE (R2 -B) LOCATED IN THE COMMERCIAL SOUTH MAIN (CSM) ZONING DISTRICT - 827 SOUTH MAIN STREET, SUITE B; AUTOMATED LAUNDRY SYSTEMS, INC., APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 13, 201 O, by a vote of 7 -O. MOT /ON_ Receive and file the staff report approving Conditional Use Permit No. 2010 -14 as conditioned. 31 B CONDITIONAL USE PERMIT NO. 201 0 -16 TO ALLOW THE EXISTING DRIVE - THROUGH WINDOW AT ARSENIO'S RESTAURANT TO OPERATE 24 -HOURS IN THE NORTH HARBOR SPECIFIC PLAN (SP2) ZONING DISTRICT - 751 SOUTH HARBOR BOULEVARD; BILL MASON, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 13, 201 O, by a vote of 7 -O. MOT /ON= Receive and file the staff report approving Conditional Use Permit No. 2010 -16 as conditioned. ��END OF CONSENT CALENDAR"" BUSINESS CALENDAR ORDINANCES /FIRST READING 50A ORDINANCE AMENDING THE SANTA ANA MUNICIPAL CODE RELATING TO RECYCLING - Public Works Agency MOT /ON: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2808 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 16 -30 OF THE SANTA ANA MUNICIPAL CODE MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, CITY COUNCIL MINUTES 9 OCTOBER 4, 20'10 10B -9 Martinez, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 506 ORDINANCE AMENDING CHAPTER 11 OF THE DANCE ORDINANCE AND ESTABLISHING A FEE FOR COST OF EXTRAORDINARY POLICE DEPARTMENT SERVICES - Police Department Continued from the September 20, 201 O City Council meeting by a vote of 7 -O. MOT /ON= At the request of staff, continue item indefinitely. MOTION: Alvarez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) RESOLUTIONS 55A RESOLUTION AUTHORIZING THE SUBMITTAL OF RECREATIONAL TRAILS PROGRAM GRANT APPLICATION FOR CLASS II BIKE LANES - Parks, Recreation &Community Services Agency MOT /ON: Adopt a resolution. RESOLUTION NO. 2010 -046 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR INSTALLATION OF BIKE LANES AND SIGNAGE MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, CITY COUNCIL MINUTES 10 OCTOBER 4, 2010 10B -10 Martinez, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION AUTHORIZING PRELIMINARY ENGINEERING, AND MAINTENANCE MATCHING FUNDS FOR THE SANTA ANA AND GARDEN GROVE FIXED GUIDEWAY PROJECT - Public Works Agency MOT /ON: Adopt a resolution. RESOLUTION N0. 2010 -047 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FUNDING THE PRELIMINARY ENGINEERING PHASE OF THE SANTA ANA FIXED GUIDEWAY SYSTEM MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido, Martinez, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) "Mayor Pro Tem Alvarez noted a conflict of interest due to the nature of her employment, and Councilmembers Martinez and Tinajero abstained due to campaign contributions. They left the dais and did not participate in the matter. 55C RESOLUTION RESCINDING PREVIOUS CITY COUNCIL ACTIONS AMENDING THE ADULT SOCCER SURCHARGE AND REESTABLISHING THE SURCHARGE FOR FISCAL YEAR 2010 -2011 Council discussion ensued. Councilmember Sarmiento indicated that charge is not general fund and revote is to correct vote irregularity. MOT /ON: Adopt a resolution. CITY COUNCIL MINUTES � � OCTOBER 4, 2010 10B -11 RESOLUTION NO. 2010 -048 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RESCINDING AMENDMENTS MADE ON JUNE 21, 2010 TO RESOLUTION NO. 2010 -023, REPEALING SECTIONS 1C, 1D, 4 & 5 OF RESOLUTION 2010 -043 AND ESTABLISHING THE ADULT SOCCER RESERVATION SURCHARGE FOR FY 2010 -2011 MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Bustamante, Pulido, Sarmiento (4) NOES: None (0) ABSTAIN: Alvarez, Martinez, Tinajero (3) ABSENT: None (0) COUNCIL RECESSED TO THE COMMUNITY REDEVELOPMENT AGENCY AT 7:56 P.M., AND RECONVENED AT 8:23 P.M. WITH SAME MEMBERS PRESENT REPORTS 65A INSTALLATION OF SPEED HUMPS ON ARAPAHO STREET - Public Works Agency MOT /ON: Accept the advisory poll results, and approve the installation and funding of speed humps on Arapaho Street. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARINGS 75A PUBLIC HEARING - AMENDMENT APPLICATION NO. 2010 -01 AND CONDITIONAL USE PERMIT NO. 2010 -15 TO ALLOW A RESIDENTIAL CITY COUNCIL MINUTES 12 OCTOBER 4, 2010 10B -12 75B CARE FACILITY FOR THE ELDERLY AND CHANGE THE ZONING FOR A PORTION OF THE LOT FROM SINGLE FAMILY RESIDENTIAL (R1) AND MULTIPLE FAMILY RESIDENTIAL (R3) TO GENERAL COMMERCIAL (C2) ZONING FOR PROPERTY - 1600 EAST FIRST STREET; AZURE PLAZA PARTNERS, LLC, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on September 13, 201 O, by a vote of 7 -O. Legal notice published in the O.C. Reporter on September 24, 201 O and notices mailed on September 24, 201 O. Staff report presentation by Jay Trevino, Executive Director of Planning and Building Agency. Applicant addressed the Council. The Public Hearing opened at 8:30 p.m. There were no speakers and the hearing closed. Council discussion ensued. MOT /ON: Continue consideration of matter for 60 days. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARING — ADOPT A RESOLUTION TO APPROVE THE PROPOSED EXPENDITURE PLAN FOR THE 2010/11 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND GRANT - Police Department Legal notice published in the O.C. Reporter on September 24, 201 O. No staff report provided. The Public Hearing opened at 8:30 p.m. There were no speakers and the hearing closed. Council commented on the importance of the program. CITY COUNCIL MINUTES 13 OCTOBER 4, 2010 1OB -13 75C MOT /ON: Adopt a resolution. RESOLUTION NO. 2010 -049 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO APPROVE THE PROPOSED EXPENDITURE PLAN FOR THE 2010 -2011 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) PUBLIC HEARING - ORDINANCE ELIMINATING DEADLINES FOR DEBT INCURRED IN THREE REDEVELOPMENT PROJECT AREAS - Community Development Agency Legal notice published in the O.C. Reporter on September 24, 201 O. No staff report provided. The Public Hearing opened at 8:31 p.m. There were no speakers and the hearing closed. Council discussion ensued. Council inquired as to selection of financing team, including bond counsel and underwriters (not part of matter being considered with this item). MOT /ON= Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2809 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CENTRAL CITY, INTER- CITY AND BRISTOL REDEVELOPMENT PLANS OF THE CITY OF SANTA ANA TO ELIMINATE THE TIME LIMIT IN EACH PLAN FOR THE INCURRENCE OF DEBT MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) CITY COUNCIL MINUTES 14 OCTOBER 4, 2010 10B -14 ABSTAIN: None (0) ABSENT: None (0) COUNCIL RECESSED TO THE HOUSING AUTHORITY MEETING AT 9:04 P.M. AND RECONVENED AT 9:04 P.M. WITH SAME MEMBERS PRESENT COMMENTS 90A CITY MANAGER'S COMMENTS —None 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Informed the public that there is a Tenant Rights Workshop offered through Fair Housing Council of Orange County on October 21St at 7 p.m.; and • Encouraged individuals to volunteer, including high school students, for opportunities in many areas of the community including sports. Councilmember Benavides: • Would like City to consider using surplus vehicles as Citizen Patrol/Volunteer vehicles and /or Code Enforcement efforts; • Council met with retailers and restaurant owners of Downtown to discuss safety issues; request that redevelopment staff consider: increased lighting and surveillance video in the parking garages owned by City /Agency in partnership with Downtown Inc. as added security measurers; and • Request that staff return in 60 days with options as it relates to transparency in local government. Mayor Pro Tem Alvarez: • Encouraged all to ride Trolley to Downtown Santa Ana; • Events in Downtown Santa Ana have been successful, although incident over the weekend was atypical; residents should take precaution when dealing with as assailants; City will be taking preventive measures and be discussed by the Public Safety Committee; • Day of the Dead event will be celebrated in Downtown on Friday, November 6tt' at 6 p.m.; and • Wished all a Happy Halloween. Councilmember Sarmiento: • Thanked all who came to address the council and staff for presentations; CITY COUNCIL MINUTES 15 OCTOBER 4, 2010 10B -15 • Downtown incident over the weekend dismayed success of Fiestas Patrias held the previous weekend that was uneventful with respect to arrests; and • Mayor Pro Tem Alvarez, Councilmember Martinez, Public Works Director Godinez, and Parks Director Mouet attended water tour; discussed water conservation efforts; thanked representative Dan Griset for organizing tour. Councilmember Martinez: • Attended 2 "d water tour; thanked all those that attended; learned about disrepair of levy and importance of bond measures; • Santa Ana resident, Adam Hurtado, is taking part in "The Biggest Loser "; encouraged all to watch and support his efforts; • Encouraged residents to support Proposition 22, on the November Election Ballot; • Asked the City Manager to provide update at next meeting on graffiti and shopping cart improvements, and financial deficit; and • Noted that she had previously requested council to support sunshine ordinance; City has already taken measures to post council and staff salary information on the web; and working on other cost effective measures to continue transparency efforts. Councilmember Bustamante: • Attended Downtown monthly event on Saturday; • Thanked police for rapid response to incident over the weekend; • Cooper Door is new restaurant in Downtown; encouraged all to visit; and • Wished all a Happy Halloween and be safe. Mayor Pulido: • Meeting in downtown was productive; will be making improvements in the area and parking garages; City and staff will follow up and continue to encourage investments; and • Proposition 22 supported by many Mayors throughout the State and encouraged all to support. ADJOURNED - 9:37 P.M. -The next meeting of the City Council is scheduled for Monday, October 18, 2010 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Business Meeting in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 16 OCTOBER 4, 20'10 10B -16 Iss9/21 /10 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 16 -30 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Santa Ana Municipal Code (SAMC) Section 16 -30 grants to the City of Santa Ana and its solid waste collection contractor the exclusive right to collect and process solid waste generated in the City; and B. SAMC Sec 16 -30 allows the generator of recyclable solid waste to sell or donate such waste; and C. The City desires to clarify its intent that a recyclable solid waste generator may not provide any tangible consideration to any party for collecting such donated recyclable solid waste; and D. The California Department of Resources Recycling and Recovery (CalRecycle) is responsible for the regulation of solid waste collection, transportation, and disposal; and E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 16 -30 of the Santa Ana Municipal Code is hereby amended to acknowledge that the California Department of Resources, Recycling and Recovery now regulates solid waste management in California and to clarify that no compensation may be made to the donee, buyer or any third party for the collection, processing or transportation of recyclable solid waste, such that it reads as follows: 11 A -1 Sec. 16 -30. Exclusivity and exclusions thereto. (a) The city and its solid waste collection contractor have the exclusive duty, right, and privilege to collect, transport, process, recycle, divert by means of composting, mulching, and /or transforming, retaining and disposing of all solid waste accumulated, produced or generated in the city, and all solid waste placed for collection either by the city or its solid waste collection contractor shall be deemed to be the property thereof, except as otherwise provided herein. This exclusivity shall not include construction and demolition solid waste which has accumulated and /or been generated at a temporary construction site and which is being disposed of in a roll -off container(s) or in bin(s). (b) A person who generates solid waste, or who owns the premises upon which solid waste has generated or accumulated, may personally collect, transport and dispose of its own solid waste so long as it: (1) Does so in accordance with all governing laws and regulations; and, (2) Disposes of such solid waste at a site permitted by the California Department of Resources Recycling and Recovery (CalRecycle). (c) A person who generates solid waste, or who owns the premises upon which solid waste is generated or accumulated, may: (1) sell or, (2) donate its recyclable solid wastes; provided, however, that in both instances: (a) the person must, on its premises, segregate (by waste type) from other solid waste the recyclable solid waste to be sold or donated, and (b) the person may not pay the buyer or donee, or any third party, any tangible consideration, including service, consulting or other fees or discount/reduction of fees, for collecting, processing, or transporting such segregated recyclable solid wastes. A person who simply receives a discount of, or reduction in, the collection, processing or disposal service rates for solid waste shall not be deemed to be selling or donating recyclable solid wastes for purposes of this exception. At the request of the City, a person who sells or donates its recyclable waste shall provide documentation, including receipts from the person buying or receiving the donated recyclables evidencing the sale or donation, and invoices or agreements for hauling or recycling services. (d) A gardener, tree trimmer, or person engaged in landscape maintenance who has a business license to operate in the city may collect yard waste or other organic solid wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic solid waste collected pursuant hereto must be transported by the gardener, tree trimmer or person to a composting facility permitted by CalRecycle in accordance with all laws and regulations. (e) Any person may collect, transport, and dispose of solid waste during a period in which collection services by the city or its solid waste collection contractor are interrupted or delayed due to a labor strike or other circumstances affecting collection 11 A -2 services throughout the city, provided such persons comply with any and all directives of the executive director of public works. (f) Any person with whom the city has an agreement for the collection, transportation and disposal of construction and demolition solid waste which has accumulated and /or been generated at a temporary construction site may haul such waste during the term of such agreement. (g) The executive director of public works may, by written permit, authorize provision of bin service if the city's solid waste collection contractor fails to provide such service within five (5) calendar days after a customer order and such service is not thereafter provided within twenty -four (24) hours after notice to the city's solid waste collection contractor of such failure by the executive director of public works. (h) Any person other than the city or its solid waste collection contractor who collects, transports, recycles, composts, or disposes of solid waste, or who pays another to do so, other than as permitted by subsection (b), (c), (d), (e) or (f) is guilty of a misdemeanor. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2010 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney In Laura Sheedy Assistant City Attorney Miguel A. Pulido Mayor 11 A -3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A -4 JWF 9/29/10 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CENTRAL CITY, INTER -CITY AND BRISTOL REDEVELOPMENT PLANS OF THE CITY OF SANTA ANA TO ELIMINATE THE TIME LIMIT IN EACH PLAN FOR THE INCURRENCE OF DEBT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. California Health & Safety Code Section 33333.6(a) & (b), part of the Community Redevelopment Law, was amended by Assembly Bill 1290 in 1993 to impose time limits on incurring debt, receipt of tax increment and effectiveness of the plan. The outside time limit for incurring debt under AB 1290 for plans adopted prior to 1994 was the later of 20 years after plan adoption or January 1, 2004. B. Senate Bill 211 (effective January 2002) permits the amendment of a pre -1994 plan to completely delete the debt incurrence deadline, with the result that an agency can incur debt under such a plan up to the deadline for the effectiveness of the plan. C. The City of Santa Ana wishes to utilize the procedure set forth in California Health and Safety Code section 33333.6(e)(2)(B) to eliminate the date that debt can be incurred in three of its six redevelopment plans so that the Redevelopment Agency can incur new debt until the end of the effective life of the each of these three project areas so that the Agency can continue to meet its long term goals and objectives. D. The City of Santa Ana is cognizant that under Health and Safety Code section 33607.7, by adopting this ordinance amending the redevelopment plans in order to eliminate the debt incurrence time limits, the Redevelopment Agency will be required to pay the statutory pass- through payments to each affected taxing entity with which the Agency does not already have a pre -1994 pass- through agreement. E. The Community Redevelopment Agency of the City of Santa Ana (the "Agency ") is considering issuing approximately $62,000,000 in tax allocation bonds in late 2010 to restructure existing debt of the 11B-1 Agency as well as to issue approximately $5,900,000 of federally taxable Recovery Zone bonds (jointly, the "2010 Tax Allocation Bonds "). Elimination of the debt incurrence time limit for these redevelopment plans is necessary for the structuring of the 2010 Tax Allocation Bonds. SECTION 2: As used in this Ordinance, the following definitions shall apply: Agency shall mean the Community Redevelopment Agency of the City of Santa Ana. Community Redevelopment Law shall mean Part 1 (commencing with Section 33000) of Division 24 of the California Health & Safety Code, as amended from time to time. Central City Plan shall mean the City of Santa Ana Redevelopment Plan originally adopted by Ordinance No. NS -1173 on or about July 2, 1973, as amended. Inter City Plan shall mean the Inter City Commuter Station Redevelopment Plan originally adopted by Ordinance No. NS -1636 on or about July 6, 1982, as amended. Bristol Plan shall mean the Bristol Corridor Redevelopment Plan originally adopted by Ordinance No. NS- 2039on or about December 4, 1989, as amended. Tax increment shall mean property tax revenues allocated to the Agency pursuant to Section 333670 of the Community Redevelopment Law. Time limit on incurring indebtedness, Time limit on plan effectiveness, Time limit on receipt of tax increment shall have those meanings as described in subdivisions (a), (b) and (c), respectively, of Section 33333.6 of the Community Redevelopment Law, subject to all exceptions specified in the Community Redevelopment Law. SECTION 3: The Central City, Inter City and Bristol Redevelopment Plans of the City of Santa Ana are hereby amended to repeal the existing debt incurrence time limits so that the Agency can incur debt for these respective project areas up to the redevelopment plan effectiveness dates. SECTION 4: If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and 2 11 B -2 adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. SECTION 5: This ordinance shall become effective upon the issuance and sale of the 2010 Tax Allocation Bonds. ADOPTED this day of APPROVED AS TO FORM: Joseph W. Fletcher City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers , 2010. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 3 11 B -3 11 B -4 Q REQUEST FOR„,, COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT APRIL THROUGH SEPTEMBER 2010 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file Boards and Commissions Biannual Attendance Report. DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the Council regarding member attendance at Board or Commission meetings. Pursuant to Council policy, the City Council may remove board or commission members who incur four unexcused absences within the six -month reporting period. Additionally, City Charter Section 901 provides that three consecutive unexcused absences would result in the vacation of a board or commission position. Examination of the attendance reports revealed that no current members have exceeded the limits for permitted absences. Therefore, the only action required is to receive and file the report. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council 13A -1 13A -2 J U Z 0 U Q00 H� 0 a�L ZW E 0 uj LL f, d 0ZfA Q �L ULQ Q J Q Z Q m Ch Y (0 d C C O ca U 4) 0 0 c O m W a z z Q co N O U D Q O 00 � N w rn 0 F- Q w a c N X UQ W X X X W N m N 0 � °' C4 N (wnuont) 30 )i�b�l) JN1133W ON C Q d N 4Ni D o z M c N W X X X X W W W U) w a M c N W X X X X W W d N } O C to (vynuon*o 30 )i:)vl) 9NI133W ON � N d d N _N J O I c N X X X X W W W W Q 'a m C m W >+ -0 4) o Q z N 0 X �� 0- m Z p p H O-0 of z O o w a� Q a m � v� w U) F- JO z cn O = > C� W > U) 13A -3 d v c a� N a d x 41 4) V C 4) N Q 4) N x w R a d a C 4) Q X W Y w a z a z W H Q N O byA a m c 0 U E 0 LL w d W m Q W W � C a� wm V) g m Wo = c Q4) 2 Vl N a+ J � C d C4) C N d W0 Z al c m m ayi >. 13 a as � c r d 4) N d J � a C a4) 4) w a z w W m W d V C d .Q a d N 3 V x m c m c m a m N 7 V x W W d C r a x w Y W U 6 z Q z W z W H O a U 13A -4 1,_ a► l 1 0 0 M G1 a� w R 0 L R C a! N R m x c m E cu a CD a N 0 O N O ca a J_ U Z 0 U } H U Q00 rl O Q�N L. 400 ZW E NWa SUN OZ Uw H Q J Q Z Q 00 c O E E O U cn Q O C cu a� N O a� c Q E E O U w a z z O co co O U a O m N w LV m � � Q Ll1 Z C N E ad wd v1 ti o „ Z E N d CO) Q C9 X X X W X a m m g M X X X X X N d m >- Q _ N X w X X X d El d m wQ Z cm to c 7 r+ d r Z E m Q aIM 2E °D X X X X X d N J ed _ Q IL c N X X X X a d co ; z w Z N W Q d � J /a •C� ui J LU m N c LU m m CL Q 13A -5 m c m a d N 7 x d C c d N a v m N x w w d C w a w Y W U C0 Q N Z W w H O a U C v ca L L V ca N C N O CL c c d w 0 a� bA 1' Q L C Am v N d 2 C d t m a Q iB�l J U Z 0 U 00 aO FN 40 � z w E W w W C. LL U 07 Z CL UWQ �v Q J Q z z Q m w Q z z O O 0 D m a O m wd m° �O o X X X X X X y m m = z z a� LLI w U) � m z z JO LU L Y = a m z Q cn z D N z Lu w w Z� O c ui LLI z z o N r % to O o Qa CD N = c c c. CL to ... = z J D a Q. IL c m z w N to Q z r it ui _ ~ E cc IA m cc D D CO) Y W m m a N m Z w J N m 3 m y w m v w 2 O O 13A -7 d d N Q M d N 7 x d C d V C d N a d N x w w V d d W Y w V z Q D z w Q 0 V N O l,z I �a 0 E a 'a ea m 2 _ m �a CL d 0 i Wlffoe,� J U Z 0 U } U° r Z0N a Zam LU Nam wN OZ° U w S. �a av J a Z Z a m ui a z z O o U c o � U O o Co LL H m a+ R 0 m m m Y! is D c m m N L W m � 00) x x x w x x �D OCD N m fn p I N w x X x X X a m H w R X w X w w X m ar J � acs x x x x x w Q41 m w LLI H Q W J Q Z Q Z W Z W Z �f-ww z ggz(!) Qw—wUw UJ Y U- Q� X0:5 0°QO�LU w g m = O > a � J c 0 U A U .c m v c m m m c m N Q .p m H 3 x m c n m C m N umi x w w m .a C m V u x } w Y w U a D z 4 ■ f z w O U c� _ D (;4 1 f0 c C) U) 70 co 4) on N w O N cu m a 13A -10 J_ U Z 0 U F- 50 0° Q�N IQ- a Q� d NWN LL U I OZO rl P UW,` �a Qa J Z Q m z O I O U C7 z� Q a ui a z z O N V Q m N C N X X X x x X X � m c W +•' m tv co p � 0 W CM IL N m r x x X x X x X O C.4 X x x x x x X wa � c Q m m CD x x W W x X X U) N X x x x x x x R J N U C) U U U U U .pm. N U U U U U U U cc z0 c g V X x X x X X X m N X x W x x X W a 0 C N x X W X X x X rx X x x X x x m N U U U U U U U Jp Qc x x x x x x x W L c ` > ) u m W L7 m a L m •= R i- c U !0 ui W W v to > tv a 13A -11 .v as d U Al V c m N V w 3 x m c m m v c a V a x W W •v c a x W Y W V Q D z n ■ t Ij1 r cu cc rn v N w O c co p Ij1 r cu cc rn v 13A -12 J U Z 0 U H U 00 Q�N Q0� z d NLu Q LW 0 0z F a L U LU Q J Z g m L O �Q C C 0 W a w a z z O O V D a O 00 13A -13 N W O co w a r1a m D co O U) R I a N x x x x x x x w C W to 7�G a: a q � c x x x x x x m Q Ix 4 .to c co m N �T • O J 4 eo '- C d Ri c V tfi d tm tQ W W W W 13A -13 N W O co k k « � k x � B k k « � U) x w w � k 2 « x � w hl� w Q 2 « O 2 w � k k / [ U; le, \2� % R CL ? \ \w� \>; \/ \cr)� ^� � $ <IA\ \<k\� C* §2 «2 \\\ y � � d ��. \ . 2 \w�.. .« «.2 -. � \b ��. \� \.. \ k k « � k ( � � CD k « � k x w w � V k « x w Y w Q 6i k LU 2 w E v 13A-14 g 0 t Q k C Mm m V $ / m / J_ U Z 0 0 U U Z�o Q�N a0� ZW d NW Q L 0 u co z ULQ F- Q J Q Z Z Q m O C/] O O di a z z O V5 co O U 0 O m 13A -15 d V C d N a N _ K m c J a� C d N a -a N U x w w d c a x w Y w U z Q 0 z w H Q N w O N bq a w m � w� ad wd v� g N d ui o c r w X X w X X X X MS d N d r }O J � d d N r w � c d d N r R 0 Q � N J � CL X X w X X X X d � w m •° m z N O -1) Q w O N N C � p i N .m O E N U) m o 0 v 0 a` .. m •� j 13A -15 d V C d N a N _ K m c J a� C d N a -a N U x w w d c a x w Y w U z Q 0 z w H Q N w O N bq a O c c O U E 0 LL m c m N Q N N 7 V x m c d c m Q 'a 4) N 7 V x W W .0 O C O W Y W U Z Q Z W E. H Z W O U vi d 0 C to v R d a v O N Q r= N m R .d O m x c d E �v CL m 0 13A -16 N O N bJJ c� a J_ U Z 0 U U_ 00 Q�r ZHN <0 a� ZW m U) W a U. 0ZN UWQ H Q J Q Z Q m O a O m H Z W H W Z W w O LL O w a z z O U) O U D Q O m � N +' W m � � O W CL m LLI m 0 X X Z) X X X w X X X X 0 m inN (7 c Q � Q m m N G7 J D m LO X X X X X D w Z w X X r N r m = a � D m d dw }� J Q a� W m Z �a U N a p d w d = c c d Y o z m -' c ' z a w m W d m m d L p" >� 0 C N (C L F- L m N Y c d C 7 t0 3 J m :a d > 0 m V N n d m m V U C D W of O U 13A -17 w 0 aq a d v _ d N a CD N 7 V x Q W Q N .O a 3 V x w w .O 01 c a X w Y W U � Z Z U w E a L° � m w� m � wtm P G a� w m N X X w X X X X X X D D w r N d ' in O N d w O >- o J N d Lcj w X X w w X X X w w D X d r•+ `4 LUV! Y M c Q �= o m m U) W a J atm w � = U m Z Q U N d Jp Y Q CL c a d p d W = a d `- Y a�i 0 N O Z O .`r O tm ca O = J d to A W a 0 w LU �° 'a N N = � o 0 m W C d = = J _ O v d m a E Y Y a m g Z w 0 N n a � N m � w� w� N� X X X X w X N d p Y vii 0 Q c y Q d d N d R � 0 J � � C d d Lo X w X w X X X d w 1° ujN Y E- Q � 4) 4) U) W i 0 J Q a� W 2 c V j m Z d a U N r Y Jp a c Q a � � d T ~ r`° U) o m c m a z w a0 L N �' = d ci L m N t E = Y V = W id V Y N 'p 13A -19 d V _ a� N Q .a d N x m a� _ m N a m N 7 V x W W d CD r a x w Y W U Z a O Z W Q Z W O U 0 r O N L .Q E CL d cn N 3 d m LA V i d W Y_ Z m O _T Q Q L 0 _ E a _ d O d .3 f� C d r _ ZFI c� a = r c as �o CL d w 0 cz M N bn a, 13A -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER 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 Receive and file the Quarterly Report of Contracts entered into between April 1, 2010 and June 30, 2010 valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements, and change notices entered into between April 1, 2010 and June 30, 2010 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. FISCAL IMPACT There is no fiscal impact associated with this action. Exhibit A: Quarterly Report of Contracts 19C -1 19C -2 m O CL a_ w D _ U cn ¢ U) Z F- J Z H OC w W Z W w Y (! O O m Y Cwn W LL J W 0 w C/) U IL m z z °C a w o� F- U W S W CL Lu Ir f- w U) O m H O U W H W W O W Z LL � m F- Q Z F- ~ Z W mm0Uwm >�¢O cr (n EE Yn zaiw0mm�a�} mU O w m LL ¢ m LL J U CC w CL Cn > p0 ? O J LLI W z uj m (� (� Z O J x F- W Y w Z LL v~i U o>C U¢ m J 0 a U j Z w m Z W m w Z x W m W> o~ Z Z z m m O o 0 °� = o m w � z O CL LLJ > m LLu J w 2 F- U) w w� H U 0 m 0¢ W m Q W W 0 C/) N 5 w Q U C3 _z Q U (� W O m W Q (n = 2= J} pr Cn U W (7 Cn F- J W U p J¢ m W W m ojs a 0 0 J W W F- m J¢ I_ H Z U U F Z W m W U D m LL m m F- m W 0 m�� U z} m W O LLI Q W CC Q 0 LL O LL m> F- H w Q= O O >� >I Q >I W W w U ¢ F- U O cn ¢¢ J O= Z U> (7 U Q m m?? W¢ d? cr O> l¢i z F- J C=n Q W Q m Cr m O(L m U O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o = m� v m m 0 0 0 0 o w v m o 00 a) N 0) o (ri o r a) "t o o (0 a) 00 0 o ri o LO CO 00 CO � O O O O O d' LO a) O 00 00 O O O c0 00 N LC) 00 O O 00 N 00 N Lo N O O CO M r" Ln Lf O O O O N LO O O w O T m In r"t w 0 Lo In O CO w N 00 T r 0 O r N N r N N w O T LC M Cy r 1l T r a Lf) M M LSO Q O E!i 64 69. 69 W to 6a 69 69 69 69 Ei? 69 6r3 69 643 Ni to 69 09. 69 6a 6a 6a 6e 6a 6a 69 69 CA 69 Ef3 69 O � � U w Cn m W W J CO m ¢¢ m¢ U) m U Cn ¢ U U Cn ¢ U W¢ Cn fA U Cl) Q o 00J���o���3o��x20crcc23:Er 3: ac�o Q Q LL LL LL W CL Q LL LL L.L m m m LL m m L.L. LL M L.L U m m L.L d d LL cl LL LL D.. LL U .N 4,, M 't a) O N O Q Q O T� Ln Q CO 00 O LO L� Cfl O r 00 CO O N 00 O n u M 0 U) O N LO O Z Z O O O O Z O 0 0 0 0 0 0 0 O r O O N N V- -t O m CM cM CM M M Lo Ln M M Cl) M M M d O O Nt It O L _ c L T T C U W r r r r r r r r r CO '- O LN m r ,-- r .-- r T r r r r r r r r r r�� r r r r O U r T '- O w O O O O Z O O O N N N CL C Z Z Z v s W 00000000000000000000000000000000 (7 ? CL m m m m m m m m m W m m m W m m CL m m m m m m 0_ m m Q Q W a- CL CL ¢ a F- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cr w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N � C\O C\O C\O C\O � \ � n � n n � \ W � � N C� N C� Cl) � lf) VI ui m d W z ¢ J J O z O m a Z U LLJ L) O Z U' z0 > _�¢ w CL � =� 0 w W O w¢ O }¢UW0UQLU zmD oz 06 OUZ U }ZO 9 W W Z Cn C7 _}..I Q 0 J z W CL Z LL LU O Y F- w Q CA F- W W W O Z fW- O2 Z 0 CL Q m_ m W Q 02S Z m m w W W U Z¢ m T Z } U Z m� O z W m Fj O m U) 2 F- W U z¢ ou m F- OC F- F- > m O Y 0 0 U> } U U) F- FU H 3 W W Z m W X S OzC m m W H~ O} w z Q Q Q J W z C� = w Y> W W U N m .I z w Q m Cn > O= U W z S U z g }O OQ[ O m Z F ¢ U Q} J Y¢ O W Q W Z W J O= O¢ O °� m Q Q F- Jam O Q= _¢ LL cn = m =_ x cn a- M Cl: F- Cl: n cn a m m m O= F= N LL O co 2 *- (\J M .Zr LO CO L- 00 a) O r N M "t Ln CO t\ M O O N co Lo CO I- co a) O N M —— r — r +- r- r r r N N N N N N N N N N co co co co 19C -3 Q7 O r., c N c I I z v "0 O N en f9 L U 3 a I I O a U (0 C O V CU O v Y C (0 00 11 U O co a-% C 0) E CU N UD L ¢ } U F- z } Z) W W Z O Z U W (n CC 0- C7 } C7 C7 Z 00L Z m 0 Q O J Q 0 Z = U Q cr Z ¢ 2 Z 0 } > Z U O U f- Z 0: LL OW O O} cc: W UOC7 U¢ w cn 0 UU -j 2 ¢ x� Z Z 0 F- Z H¢ Z = Z w = U w x LU cr J Z U Ir O U LU 00UQ=z¢ozzz J�aU cn< wZU)Z WU)0 pz F-�Q >- W a o w w ¢ w W 0 0 ¢ 0 Q W W ¢- w w ¢ U z~ 0-j H F}- J Z- W W z U w >() 0 Z J� o O z z U O } W Q_ cc LLI m� -icr 07W �U�wC70 -1a� =m 00 cr- C)mC/) �C) U) moc~nIr DaZOwz���ci�Y ww �a¢��ww Uz0_wYWD: -iQ=Owww Uow Gro00 0 ¢¢�OWOF-WZ0¢Q ?:Dmz >_;to¢¢ —i Zu_UQwW CL U 00 F- 0UZ0 -j YmC7 Lf) CD f� m M O N M In CD ^ m m O N M In CD I� m m O N M In cD f� m M M M M M M Nt � � c} It � Ln Lf) LO LO LO LO LO Ln LO LO CD CO CD CD m CD CD CD (D 19C -4 w W CO W w o Z cr- U w 0 O Z 00< Z cr Z OZQ W wmcr 00 ZI- �Z ZN J No m Zz mmmv LL omc�w -j aaw w <U 300[¢ Ha =w a¢ ¢O �mmmo>[ j-: ¢Z O¢ WC3 �uSuSuSm F- z�~a 0W[� m w z ON CL O� LLl 0 cr 2 LLI F_ U W Er m Cn l- cr U � O w W O W J W U) w¢ W Cn > W Q z U 2 Q Y W Z F¢- L~i O Z ¢ ~~ O Q 0 W Q� J cr LLJ O W C7 Q F- F- gmw�CL CO 0 cr CL 0_ O J F O << w W CL Q- U W J 0: ccUxQU < 0 �Y }Q <m �cncnwm mC7ui < C_0 W m U Q Q W Z 2 Z } LU-L LL. J J Cn Z Q= W D: 0 CC W 06 E W J U m Q W H 0_ J� J 0 w W O O < f- C�7 I- CC d¢ W 0 W Z W w� O w U¢� 0 Ir < c0C w cc E W¢ w m F- 2 w w� D W¢ w Z Q Q Q � >I H f- I- (n J Q_ U H> CL> 0 a� 0 0 Z Cn W U 0 0 Z U Q Q> U C7 CL W W m O O O O O O O O O O O O O O O O O O O O O O O O O C O 0 0 0 0 0 0 0 0 0 0 q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O LO m N r O N w O M f" m m It m m Lo In 4 0 0 0 In m Ch 00 O C, N O In 6 +- 6 6 O O m It m Lo m O CD M f� Ln I� O N CD m m N N M M m M 0 0 0 m E N O CD m It N In m 0 0 " T W m Ln r f� M f� co m p O N T 0 Il O O m f� N It O m O N O M T m r T T T L1j crj " r W N T O 64 Efl 64 Efi Efl cA 63 fA 69 EA 69- cA Efi EA Efl ER EiJ EA EA 64 Efl 69 K} 6q ci} 6, Efi Efl cA EA ER 09 ER 63 fA O e-i p Q Q cn U) m m cn fn U (n U) U U) U Q U) U U) U Q m Q¢ Q Q U) U U) U (n C,) cn m (n U) (n 0 0 2w22m2mm02 m302��000000:mZ m m cn 200c0cw2 U U 0[ cn Q U 0_ w M u u. 0` u_ a a. U u. w a. CL a u_ a_ � U U o` m m m Li u_ u_ u. Li m m m m LL. U = M M M N Ln t? Ln N CD M CD t CD CD w m w N O t- m N m m m m Lf) m m (D m CD m T N In O M In m M d' O r Q m O O' Nt m O m O In m O 0 O 0 m In m r Lo N N N N N M M m LO Z L pl m Ln m r Lo m Lo m"t CD C O x iJ O O T T T r T T r T r r - T r T T T o O m O T T r r T T r T r T r r r T U N N N o Z a O N CL Z Q) ac 00000000000000000000 000000000000000 L Lp 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 04 O C\j O O O O _O O _ O _ _ O _ _ _ O O O O _ O O O O ___ O O O O O O N N N N N N N N N N N N N N N N N N N N N N In l!') Ln In m m m m m m m T N M cD 00 OD m m m m m m m m m m � m - m m � m Q N N N N N N N N N N N N N N N N N N N N 4 4 4 44 d �� t d� � } U F- z } Z) W W Z O Z U W (n CC 0- C7 } C7 C7 Z 00L Z m 0 Q O J Q 0 Z = U Q cr Z ¢ 2 Z 0 } > Z U O U f- Z 0: LL OW O O} cc: W UOC7 U¢ w cn 0 UU -j 2 ¢ x� Z Z 0 F- Z H¢ Z = Z w = U w x LU cr J Z U Ir O U LU 00UQ=z¢ozzz J�aU cn< wZU)Z WU)0 pz F-�Q >- W a o w w ¢ w W 0 0 ¢ 0 Q W W ¢- w w ¢ U z~ 0-j H F}- J Z- W W z U w >() 0 Z J� o O z z U O } W Q_ cc LLI m� -icr 07W �U�wC70 -1a� =m 00 cr- C)mC/) �C) U) moc~nIr DaZOwz���ci�Y ww �a¢��ww Uz0_wYWD: -iQ=Owww Uow Gro00 0 ¢¢�OWOF-WZ0¢Q ?:Dmz >_;to¢¢ —i Zu_UQwW CL U 00 F- 0UZ0 -j YmC7 Lf) CD f� m M O N M In CD ^ m m O N M In CD I� m m O N M In cD f� m M M M M M M Nt � � c} It � Ln Lf) LO LO LO LO LO Ln LO LO CD CO CD CD m CD CD CD (D 19C -4 2 (n = W �- Q U U C7 1Z _Z CO (� w Z O Z ¢ w-j ;Fc ¢ U LLJ Q O Z w Q 06 w F— p CO (n x (� } z oC � Q~ w Y m U m 0 cc W W O Q F- Y W W Q C7 m F- Cn Q LL U (n � Q F- Z J J m Z LL U Z W W J F- w fr z jr LL Z W W F- � F- W CL Q0 Op w U)ZU)0p- '¢izp <_OW OQ wC)zw02 W W Q Cn J 2 W U J cc U F- o z z m m O m a. W H U F- d z a. cr W cr Q 0 w U 2 (n 2 0 w Q p OC w Y F- Q U p� W W J- Q Q Y C) cr Q w N W F Cr F_W- Z O a. Z Q> F- Z Q> U ZZ 0} X ¢¢mo�cnU F-U wF_ J �mpz J- 0 <MZJ_m¢m0mF ¢F-¢ cr- W W O Z¢ O F_ U F- Q Q (r LL O_ Q m w 2 w U w z m p J W FO OF_ Z } Cn U CC Q co F- U F- F- F- O Q 0 ob Q � � �W w D � - � Q Q cn z z J = 0 F- w w Z w Z¢ Z p W I¢- m= mQ Z U a0 U ¢ w of w W w p W Q Q 0 F- z W W W J J W W J a. Cn U m w OC J w J J J c U �� �� J w Z U W W Z U W Z w Z C7 w OC Q W U Z U U U W J W J O > p Q > >> W D L w W O O w w W W ¢ F- Z Z Z= 0 U V a. > LL > 0 Y F- LL Q U J U LL Q> U> > > >> U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Oo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln O O O O O (O 06 cD � O (D 4 (D et N e w Lo 00 n� n O n co CO O Cl) Cl) T O O O O O O (O — N Lf') m (D N w w m O m to O M M d' In M N d' M O M w"t w Lo m 0 0 0 0 In T Lo M f� m T N M M O M LO W w M m l0 w m N M M Lo T (p W (p T O T T In M m N N N M T O T N N r N N 07 T T T T T T (() L LO 0 r-I p U) U) U U U) U) UU(n U U (n Cn (n U Q U U U U U¢ U U U U U U Q U U U U Q¢ U U (n U (n U U U U 3 m m 2 m o m 2 m m o o m m m 2 3 o cc 2 J O Q w LL LL LL a. LL a. CL LL a. U a tl LL LL CL CL U CL CL W CL LL W () a. LL LL LL tl LL LL LL LL IL Q Q Q 00 r- m co rD O m N L- 00 O t (o f- m n 00 (O T O co Lo M 00 M M M N Lo O r"o Z Z Z o CO L� LCOO u2 ^ i2 � � i Ian � i° � (°o (°o (°o (To (n (NO N (D (MO co (D (o ((o (D (o +j O +L+ a T T T L,2 T T c x °° T T o T T" r T T T T '" r r o U W O° T T T T T T T T T T T r T T T T T T T T N N o Z Z N CD C\l Z o Z CL a) cc 0000 700000000000000000000000000000 C7 > CL m a¢ Q m a. a m m a¢ a CL m m m a a a a a a a m m a m m m m a. m a. Q v O _° _o _o o_ o _° _o o _o O _o _O _o _o _O _° _O _0 _o _0 0 _o _O 0 o O o_ _O 0 _o O o _O _o T T T T T 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M— Cl) Cl) co 0 0 0 0 C� N C� Cl) L� 00 M m 0 0 0 Lo (p (p (p ^ T m m m LO U) N N N N N N N N N N N N N N N to � M In Lo Lp � � � � � � � � � to Lo m LO Lo to LO Lo m Lo —U) m 0 m m m 0 m Lo to Lo Lo m Lo to Lo to z U 0 Z 0=C m (� U Z 0 U z U U z F- 0 J z } Z Z J z z U z J Jz m cc � aLZfr 2 }(n �QV¢ UUp ()UU w2ZaiC�SmEL C) °6¢w U) �vIr o z Z w z O w Z F- O J Y a d0 m U C7 a z z U U L'- w 0 } O Q Q J Z Z Z� Q Q U w= O Z Z } J } U (n z F m J CO H 0 U= O CO F- EL 1i U F- F- a- nw O z z O 2 L u Z O z w a O z U ZU) Uw�UQF- FU- �wmzC7z�QZ�aZQV~ig0a J�QQaz U) C) OU _m Cl) M z U Z) m Z Q Z LL Q= F- Q U Q D cc z m U O J Z� W U Q oC W W Q W w 0¢ g Z W a. U) U W W¢ tr w C7 W Y z cc a 0 m} z Cc W Q cc: m Q2 U Q m> Z =n w F- O U> J= ¢ O J w g p 0 00¢ Q U O O oCmUmOOQ��UDX OQJ (� w c7 Q m 0 H z c7 cn p Q Q Q a= F- m w -, O Y m m C7 Q> U U m 0 N M LO w N w m 0 N M It Lo W n w M O N CM 0 M N W M O N M (D N n n N N N L� N w 00 w w m w m m w w m m m m m m m m m m O O O O 19C -5 O c aJ c I I z O) O cu 0 L U L CL 11 O CL u C O U Q) O Y Q) Y c m m 11 u O m C 0) E Iv N L UO ¢ I J J U) J Cn D D U w U) LLJ > 0 0 w m w � Q cc Z Z 2 w W = p w m U-1 O I= U > cUn cUn U) U) cUn z } 0 0 J z U) a 0 cr U xs wwww_O m > >w w w JU ww CD U U U U U U Q m m LI � 2¢ Q w 0 U) > z F- UUUUU~ m¢¢U } w W Ir -U tlm F- p cna¢Q¢ag CC CcCCz F- CrQaz> 00 LL p U) g oZS 06 od C6 oZS U) J m m Q J :D ¢ W CC w LL 0 Q W W J w w w w C n z z J J Z Q 2 O W O W 0 0 U J Z cn m M¢ F- F- F- F- F- o¢C Q ai vS Fw- w p U U H v� U z a w C7 (= EL m Q g CO Q a C z Cn U d M w F- w ¢J m U Z Q CC U_ O > Y _U z Q F- ED U) J J-i J J p fn Z H H W O F- LLI UJ > W m a m m W ¢ Z cn ¢¢ Q¢¢ Z Y m O U W Q CC M 0 W F- Q m m m m m F- M w J J m U) Q UQ) LLL J LL m p V) m X m CL Z J w w w w 0 F- J Z W H m D 0 3 0 J W W M 0 Z} LL_ m LL U) O U U CL an d CL Qr w LL U) C_n F" Y M m J U J CC J Q J Q m O J O rn V) m W> } Q CC F- m Q W Q W J Q o o o a- m Q QaaJm ZZ w ma � cn C7¢Z O =UUUUJ��IgIJIJIW Ir U¢wOO_j 0w��UgU���YoLu U > > >> >F _mF -power W��mF -�ZOCL 0ir'.E CC Z0 z000zzzzzz Wmzppp¢amw }Ow > >ccIL Cc¢wwF -p0 F- W m CO m — — — — — — > -j w ¢ ¢ LL. U a LL_ U 0 m U m ¢ CL m CC > U 0 F- a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 o Lri 0 0 0 0 0 0 0 0 0 0 ri o o Lo v o M LO ao o v o w O o 0 0 0 0 o N o r T 0 0 0 0 0 0 0 0 0 0 o O T N It N r- M LO M (D L(7 O O o O O O O CO O O( N N N Ln O O O N It � 00 N CD Cl) LO LO CA N CD M Cp O O O O o o 0 rD O O _ M T N f� M 0) M OO Ln In 0 N N CD M M r Ln et N p p o" Ln v v C`� r \ N N N N LD O 69 69 69 69 6r3 69 69 69 69 69 69 69 69 69 69 69 69 61} 6f, 69 69 64 69 69 69 69 6r, 69 64 69 69 Et? 69 69 69 0 ri \ LLJ LU C) U U UU)U)U U U) U) UU Cn U J (n U UJ U Cn UJ J Cn U U U U U U U Cn UJ U> a¢ U Cn a a¢ Q a J U CO Cn m J p 2� O 2 m m C[ m 2 C[ 2 m> > m 0 0 0 0 p O m LL m Q M LL w LL LL_ LL w m LL d w rL CL LL_ w LL LL. w cL w m a. LL_ 0 D_ Q- W LL_ 1 a) o O LO lD Q Q Q Q a 0 V' O M It N� N N M r o N N N O LO t M r Ln N't tp CD o Cp LO LO Z Z Z Z Z� o r, f� I� r- 00 w M w m m 0 0 0 0� N N (D CD CD CD CD (D CD O O CO (D O o O o O O M, t T r r r T c x o 0 0 0 o r� O W o T r T r T T r T r . T r r T T 0 V N O O O o 0 T T r r - T O N N N N N 6 z Z Z z z o O N CL Z > 00000000000000000000000000000000000 m a ¢ m N O O O O O O o O O O O O o o O o O o 0 0 O o O O o 0 o O O O o O O O O O _O O _ O _O _O O _ O O O _ _ _ _ _ f N N O o o O O o O O O o o O o O O o O O _ N N N O N N N N N N N N N N N N N N N N N N N N (D CD CD O CO (D CD CD CD CD CO CO CO (D CD co CD (D O O (D (D CD Cp (p to \ \ CO CD (D (D w O Co CD (D U Z U m — m W J w S2 Z = Q U Z ~ Z Q U w U m w � 0 Z CC CJp IL U W CL C_� H U)¢m2 O_0 O m U U w J w> } Z OU J S Z J Q Q U w m m F- � U C7 Z ('3 m J p U z 0 cn Z z O w¢ 0 F- w Z Z Z F- Q Z O Cn 0 F- Z U p w J 2 2 w U J w 0 J W U m F- m U} U 0 U w w CO m F- F p a Y U J CC 2 Z U m w Z (� V) W Z Z W U QQ Q W J— W Z O m O J� Z Q z 0 V) Z O< J p CC Q F- > Z) m 0 m m W m Z Z z W w H o J Cn o� ~ m Q O m w Z W U1 a Q Z m W H H OO CL U-j w C2n W W m w W FL� w m w w Y Q O m Z J U O w w cr O Z— Q p C7 O Q Cl. F_ }} w Y J V) C7 > O z �¢ CC 0 O¢ 0 2 a C7 m Q LL _ �s O a w a¢ xs Q w Q O 0 w¢ p w o¢ o U¢ a 0 0 0¢ Y w O 0 a U) 3: w CL m m Q m� 3 J 0� Q m o 0 0 0 a 0= U CC 2 :] U U m p U O C7 U 0 0 0 0 0 0 0 +- N M It M w N W Cn CD N M It M (D N M M O N M LO CD N M N N N N N N N N N N M M M M M M M M M T T T r T T r T r r r r r r T T T T r T r r r r r- T r r r r T T T 19C -6 O c C, c u z v 6 0 tU L U L 7 CL 11 0 a U 4-;' f9 i c O V a) O v Y C (9 m 11 V 0 CD C u1 E CU p i tw a 1 Q O U LL z Ir w w w O w z F- U U U H U a U U U 0 U Z Q > W 0 0 0 CL w Z W p 0 OC a[ C) —1 -i U- �a.0�cr U) — �O Z O O O � O (D U= U) D O O 0 LU Z z0 c= c_=n w z Q 0 0 w} a w ZD Luya. �oc�U0U0¢ZI—O U¢mLLU -u ¢0Ux x �w> }a- ¢am C7vzc0cm LwLZzw m 0 0 0 0 0 Q U- .2 .2 X C U (n U)�� LL LU M O N M It LO O n M M O N M I Ln Cl) �t � d- V' �' � It tt Nr m Lf� In Ln LO LO r r r r r r r r r r .- 19C -7 O C al C I > Z a1 E 0 aJ cm t U L a I I 0 a L) u p C O U v E O Qj v Y C m n u O CO C v E a v t Oa I Z U) w CL C cr CL a Mc w cr w W w O LU �0°C cr w z � w Q0cr W cr � LL CL 0 co ) w ¢ � ¢ OC W 0 p Z W W U cn p LL w� ¢ CL >06 cr ¢ww��m CL xQ0 Cc w UO W Lu ¢ w Z w otf m= J W ¢ J W Z} d z 2 CO w m¢¢ J U) a J F.. cr co U Q¢ m¢ C� ¢ >¢ U¢ J U) O m J w o Er CC F w Z) F O W W¢ W p W E O O 0 w(L J > LL w 0 m> U> N 0 LL N m U (j LL O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M N O O O M M n O N N CD M 6 N I, O 0 O 0 0 O 4 4 N 4 M'-t 0 0 Ln N LP) N N O M CD N CO CO L� M LO L, LO O M C\l r r r r N ^ L w O 619. Eg 69 69 ER 69 619- 610 69 69 69 69 69 69 69 69 69 O -1 cn m ¢ � cn cn cn m cn ¢ U) cn ¢ U U ¢ cn � U� 2 2� m¢ D 2 a LL LL d LL LL LL LL LL I LL LL a. a a- EL o- LL u = LO N CD N O N O co M M w co 0 M It N LO Ln LO N LO M m N CD M M CD CD I- CO O N N N N N N N L, C c L X r 0 r r 0 u W r .- ,-- r r ,- r r O N r r ,-- r ,-- ,-- r -- O Z t O a a, w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 mn aa�a.ad- ¢mmaaaaa a a mO O O O O O O O O O O O O O O O O 0 O 0 N 0 N � 0 N t 0 N 0 N 0 N i- 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N CD CO CD I� N n n N' N M ct M a0 M M 0 M O 0 O -- �� N N N N N N N N N M M CO CD CD CD Cfl w C\D CAD w CO CD CEO CEO C\D CO CO C\O O U LL z Ir w w w O w z F- U U U H U a U U U 0 U Z Q > W 0 0 0 CL w Z W p 0 OC a[ C) —1 -i U- �a.0�cr U) — �O Z O O O � O (D U= U) D O O 0 LU Z z0 c= c_=n w z Q 0 0 w} a w ZD Luya. �oc�U0U0¢ZI—O U¢mLLU -u ¢0Ux x �w> }a- ¢am C7vzc0cm LwLZzw m 0 0 0 0 0 Q U- .2 .2 X C U (n U)�� LL LU M O N M It LO O n M M O N M I Ln Cl) �t � d- V' �' � It tt Nr m Lf� In Ln LO LO r r r r r r r r r r .- 19C -7 O C al C I > Z a1 E 0 aJ cm t U L a I I 0 a L) u p C O U v E O Qj v Y C m n u O CO C v E a v t Oa I 19C -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES FOR A NEW MCDONALD'S RESTAURANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Request for Proposals for environmental services for a new McDonald's restaurant at 1100 South Grand Avenue. DISCUSSION Planning Division staff is reviewing an application for the construction of a new McDonald's Restaurant on two properties located at 1100 S. Grand Avenue. During the review of this project, it was determined that a mitigated negative declaration would be required to meet the requirements of the California Environmental Quality Act. As a result, staff has prepared a Request for Proposal for environmental services for this project and has sent the document to three qualified environmental firms (Exhibit 1). Once the proposals have been received, staff will select a consultant to prepare the environmental document and return to Council for approval. FISCAL IMPACT There is no fiscal impact associated with this request. JaM Trevino Executive Director Planning and Building Agency VF:rb Vf reports\McDonald's RFP.cc101810 Exhibit: 1. Request for Proposal Letters 1901-1 �'J MA MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero April 14, 2010 CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M -20) P.O. BOX 1988 • Santa Ana, California 92702 (714) 667 -2700 • Fax (714) 973 -1461 www.santa - ana.org Serine Ciandella, Vice President Kimley -Horn and Associates 765 The City Drive South, Suite 400 Orange, CA 92868 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Hulzar RE: PROPOSAL TO PREPARE A MITIGATED NEGATIVE DECLARATION FOR A MCDONALD'S RESTAURANT, 1100 SOUTH GRAND AVENUE Dear Ms. Ciandella: The City of Santa Ana is soliciting proposals from professional consulting firms for the preparation of an Initial Study and Mitigated Negative Declaration with supporting studies for a proposed McDonald's Restaurant to be located at 1100 South Grand Avenue. The proposed project consists of the construction of a new 3,800 square foot restaurant building with drive through window service and 38 parking spaces. In addition, a lot merger will be required to merge two parcels of land (one vacant and one contains a restaurant/banquet use) into one development site. Staff has identified the various steps necessary in the compilation of the mitigated negative declaration. These steps include: 1. Initiation of the Project/Kick -Off Attend a kick -off meeting to discuss the project with City staff within five working days of receiving a notice to proceed. At this time, staff will present all information about the project, discuss any project constraints and issues, and refine the scope and responsibilities. 2. Prepare Administrative Draft Initial Study / Proposed MND The firm shall prepare an administrative draft Initial Study /proposed MND, which will include an evaluation of the environmental resources contained in the City's CEQA Environmental Checklist. The Initial Study shall include a discussion of the existing conditions, impacts and magnitude of the impacts, and the level of significance for each environmental discipline, as appropriate. Mitigation measures shall be developed to reduce impacts to less than significant levels, where necessary. This scope includes preparation of detailed technical studies that may include: Exhibit 1 . ■ Serine Ciandella Proposal for Mitigated Negative Declaration 1100 South Grand Avenue April 14, 2010 Page 2 of 4 a) Geotechnical Study b) Traffic Study, with the scope of work as follows: Obtain McDonald trip generation rates by evaluating two (2) existing McDonald drive -thru restaurants in Southern California or other published and unpublished rates. Trip generation rates would be calculated for the following conditions: a. AM peak hour (7:00 AM to 9:00 AM) b. Noon (11:00 AM to 1:00 PM) c. PM peak hour (4:00 PM to 6:00 PM) Trip generation rates may also be calculated based upon trips per square footage of building using the Institute of Transportation Engineers (ITE) criteria. ii. Provide filed queuing study at a minimum of two (2) existing McDonald's drive -thru to determine peak queuing at drive -thru lanes. Based on the collected data, evaluate project traffic accessibility at the project driveways vicinity for the same peak hours, PM peak hour driveways volume (Grand Avenue and McFadden Avenue). Existing available data, collected at comparable McDonald's, may be used subject to City staff review and approval. iii. Determine traffic impacts including delay, queuing and level of service at the intersection of Grand Avenue and McFadden Avenue. At least, existing and build out scenarios analysis shall be considered. iv. Include cumulative project assessment and the overall impact at full build -out and the subject cumulative projects. V. Review, evaluate and comment on vehicular ability to enter and exit the site and utilize the drive - thru lane from Grand and McFadden without causing impacts at the project driveways vicinity. vi. Assess project access including the ability of project traffic to maneuver within and around the site, traffic control assessments and recommendations, movement restriction (if applicable), sight distance, etc. vii. Develop project recommendations and summarize the results of the report findings. viii. The recommended improvements section shall include potential impacts on adjacent properties. Conceptual dimensional plans for impacted intersections and segments within the study area must be provided. This is essential to validate the feasibility of implementing improvements. Right -of- way takes including setback requirements and property takes must be considered and discussed, if applicable. 19D -4 Serine Ciandella Proposal for Mitigated Negative Declaration 1100 South Grand Avenue April 14, 2010 Page 3 of 4 ix. The general guidelines to prepare the traffic study are presented below. • The City of Santa Ana utilizes the following values in calculating Intersection Capacity Utilizations (ICU's): through lane capacity — 1700 VPHPL; turn lane capacity — 1600 VPHPL; clearance intervals 5 %; no defacto for shared lanes. • The City of Santa Ana adopted LOS "D" as the maximum threshold of significance at all intersections and mid -block locations. • Road segments analysis will be determined based on the methodology presented in the Orange County MPAN and the City of Santa Ana Circulation Element. V/C ratios are not used in segments analysis. 3. Prepare Mitigation Monitoring Plan The firm shall prepare a Mitigation Monitoring Plan (MMP) for the project to include all accepted mitigation measures and indication of the mitigation measure, project time period to which the measure applies, responsible party and method of monitoring. 4. Finalize and Circulate Initial Study/Proposed MND Following review and comment on the Administrative Draft Initial Study /Proposed Mitigated Negative Declaration, the firm shall revise and incorporate comments as appropriate. The firm will circulate the document for public review as directed by the City. In addition, the firm shall assume responsibility for posting the Notice of Intent at the Orange County Clerk's Office. 5. Respond to Comments and Prepare Final Mitigated Negative Declaration Following the public review period, the firm shall respond to agency and public comments. These responses and comments will be incorporated into the document and the MND will be finalized for consideration by the Planning Commission and City Council. The firm shall file the Notice of Determination with the County Clerk's Office. 6. Attend Meetings The project manager and technical staff will attend all necessary meetings to include public hearings and project coordination meetings. There shall be one project manager who will coordinate with other technical staff, as necessary. Serine Ciandella Proposal for Mitigated Negative Declaration 1100 South Grand Avenue April 14, 2010 Page 4 of 4 7. Schedule Prepare a schedule of completion for all technical studies and the Administrative Draft Initial Study/Proposed MND. In addition the proposal shall include a schedule for the entire process to include City reviews and public review periods. 8. Cost The proposal shall include a time - and - materials cost estimate and shall be broken down in detail to identify any work completed by sub - consultants. 9. Proposal Submission Instructions Three (3) bound copies of the proposal must be submitted. The fee schedule (one copy) shall be included with the proposal. (Hand delivery only) Mr. Vince Fregoso, Principal Planner City of Santa Ana, Planning Division 20 Civic Center Plaza Ross Annex Building, Second Floor Santa Ana, CA 92702 (U.S. mail delivery) Mr. Vince Fregoso, Principal Planner City of Santa Ana Planning Division M -20 P.O. Box 1988 Santa Ana, CA 92702 We look forward to the opportunity to working with you. Please prepare a response to this request for proposals no later than Friday, April 30'h, 2010 for consideration on this project. Please contact me at (714) 667 -2713 should you have any questions on the scope of work or with additional project details. Sincerely, k/'_-\ Vince Fregoso, AICP Principal Planner VF: VAPCnoticing\McDonald's RFP PROPOSAL TO PREPARE MITIGATED NEGATIVE DECLARATION FOR MCDONALD'S RESTAURANT AT 1100 SOUTH GRAND AVENUE RFP'S MAILED TO: Serine Ciandella Vice President Kimley -Horn & Associates 765 The City Drive South, Suite 400 Orange, CA 92868 Steve Scott Principal EDAW 2737 Campus Drive Irvine, CA 92612 Albert Warot Vice President Willdan 13191 Crossroads Parkway North, Suite 405 Industry, CA 91746 19D -7 i Lei lilloe,� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE REQUEST FOR PROPOSALS FOR ENERGY AND SUSTAINABILITY CONSULTANT 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 Public Works Agency to send a Request for Proposals to qualified consultants to provide energy and sustainability consulting services to coordinate a range of energy and climate protection activities during the next two years, payable from a grant from Southern California Edison. DISCUSSION The CPUC recently made Local Government Strategic Plan funding available to those cities with an existing Energy Efficiency Partnership with Southern California Edison (SCE). The grant is to advance the goals found in the California Public Utilities Commission's Long -Term Energy Efficiency Strategic Plan. Staff applied for grant funding and the City is being recommended for an award of $729,928 for three specific tasks. The first task is to hire an energy consultant to coordinate the various activities identified in the grant, centered in energy efficiency (Exhibit 1). The consultant will serve as an internal resource for energy efficiency and climate protection program implementation; research funding opportunities; facilitate multi - stakeholder dialogue; and provide all data and reporting required by the Grant. The second task is the development of a governmental and community baseline study of green house gas emissions, emissions reduction target, and Climate Action Plan. The consultant will oversee this effort. A separate RFP is being prepared to hire a third party to complete the baseline study, emissions target and climate protection plan and will be submitted separately for Council approval. The third task is to survey and coordinate local training for California Green Building Codes and LEED accreditation for governmental stakeholders, which will also be the responsibility of the Energy and Sustainability Consultant. 19E -1 Request for Proposal for Energy and Sustainability Consultant October 18, 2010 Page 2 Staff is continuing to work with SCE to finalize the terms of the Strategic Plan funding, which will be submitted separately for Council approval. The expected term of the contract will extend from December 2010 through October 2012. The total amount payable to the consultant under the grant will not exceed $322,800. Contracting this activity will add expertise that the City does not currently have and will not result in layoffs or reassignments of existing City staff. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. k)A +,- Raul Godinez II Executive Direct Public Works Agency RG /CK Exhibit 1: Scope of Work 19E -2 ENERGY AND SUSTAINABILITY CONSULTANT The City of Santa Ana has implemented a number of programs aimed at reducing the City's carbon footprint, including retrofitting its municipal facilities, purchasing alternative energy vehicles, offering incentives for the installation of solar energy, and entering into an Energy Efficiency Partnership with Southern California Edison. Notwithstanding the progress made on these initiatives, a comprehensive, coordinated strategy is needed to meet legislative mandates and to position the City to move forward in its climate protection efforts. The City has received funding from Southern California Edison (SCE) to conduct strategic planning activities centered on energy efficiency and addressing the strategies that are related to local government goals found in the California Public Utilities Commission's Long -Term Energy Efficiency Strategic Plan. The City does not currently have the resources internally to coordinate development of a comprehensive plan. Thus the City is interested in utilizing the services of a consultant, funded by the SCE grant, to: • Serve as an internal resource for energy efficiency and climate protection program implementation; research funding opportunities for program implementation; interface with a number of individuals on the city's team to develop programs; facilitate multi - stakeholder dialogue. • Oversee a separate third -party consultant's development of a governmental and community baseline study of green house gas emissions, emissions reduction target, and Climate Action Plan. • Survey and coordinate local training for California Green Building Codes and LEED accreditation for governmental stakeholders. • Provide all reporting and data required by the Grant. ESSENTIAL CHARACTERISTICS AND REQUIRED EXPERTISE Provision of consulting services required under this scope of work will require a high level of expertise. Key outcomes or tasks are included in the scope of work. The City will only consider an experienced, highly qualified consultant. If your response to this recruitment is through a team effort, it is critical that your proposal address how the various members of your team will be united in effort. The work performed by the selected consultant will be coordinated with and subject to the requirements of the City's energy partnership. Extensive experience in the areas of climate protection programs (energy conservation, social equity, environmental and economic) and policies are required. Specifically, the consultant must 9/18/10 Exhibit 1 19E -3 have experience developing, implementing, and evaluating environmental and energy efficiency programs in local government. The selected consultant(s) needs to communicate effectively - orally and in writing - with City Council members, City staff, attorneys, developers, property owners, business owners, consultants, engineers, contractors, accountants, appraisers, planners, the general public, and other city, state, county or federal personnel to share information, provide direction, and influence outcomes. Knowledge of the following programs are required: energy conservation practices and environmental regulations related to energy management; renewable energy sources, green construction methods; long -range strategic planning; project management; energy plan design and development; various energy- related codes; regulations and laws; utility and energy programs sponsored by federal, state and regional agencies and departments; related education and training programs. The selected consultant will be skilled in the development of plan designs and specifications related to environmental and energy- management programs and services, overseeing a variety of studies and interpreting data derived from same, constructing plans and programs from concept to implementation and establishing reporting systems for tracking accomplishments. The expected term of the contract shall extend from December 2010 through October 2012. The total amount payable to the consultant may not exceed $322,800. SUBMISSION REQUIREMENTS The RFP for the Energy and Sustainability Consultant was approved by the City Council on . Responses to the RFP are due no later than Interviews mayor may not be held, at the discretion of the City. An agreement with the selected consultant is expected to be submitted to the City Council at their meeting of SCOPE OF WORK Serve as an internal resource for energy efficiency and climate protection program implementation The consultant will be the energy efficiency expert resource and interface with a variety of individuals within the City team. Consultant will assist in facilitating multi - stakeholder dialogue and will assist in prioritizing the implementation of CAP measures. Consultant will research various funding opportunities to ensure the implementation feasibility and affordability of the 9/18/10 19E -4 recommended measures within the CAP and will guide staff in program implementation. Consultant will assist with coordination of energy efficiency programs. Oversee preparation and implementation of Baseline Green House Gas Inventory (to be separately contracted) The baseline GHG inventory will provide comprehensive and accurate data about the community's existing carbon footprint, emission sources, and emissions forecast. The information will assist the City of Santa Ana in identifying which actions will be most effective for reducing emissions and establish goals for the City's Climate Action Plan. During this task, a baseline inventory will be developed for (1) emissions associated with local government operations, and (2) emissions associated with all activities taking place within the community. o Municipal Operations GHG Inventory Emissions from municipal operations include carbon dioxide (CO2) and other GHG emissions attributed to fuel use in City -owned vehicle fleets (including police cars and maintenance vehicles), electricity use, and solid waste management. Emissions associated with Santa Ana streetlights, traffic signals, and water distribution systems will also appear on the municipal GHG inventory. The municipal inventory will be developed in accordance with the most recent version of the Local Government Protocol as established by the California Air Resources Board. o Community-wide GHG Inventory All GHG emissions occurring within City boundaries will be included in the communitywide inventory. The community -wide inventory will be developed in accordance with industry accepted protocols and best - practices. The baseline study will be performed over a series of months: during the 4th quarter 2010 and the 1St quarter 2011. Deliverables will include a Greenhouse Gas Emissions Inventory Report, source files and backup data. Oversee preparation and implementation of Municipal Climate Action Plan A Climate Action Plan which provides a comprehensive and integrated strategy of energy efficiency and climate protection will be developed specifically for the City of Santa Ana. The process will include developing an implementation framework for adoption of a citywide Climate Action Plan which includes multi - stakeholder involvement and public input. o Analysis and Recommendations for an Emissions Reduction Target The analysis will present emissions reduction target recommendations for municipal operations and the community as a whole. The target recommendations will be based on California's AB 32, the Kyoto Protocol, and the Western Climate Initiative. The proposed emissions target will also be in alignment with regional goals for reducing transportation - related emissions, as required by SB 375. 9/18/10 19E -5 o Emissions Reduction Measures Evaluation An analysis that quantifies the impact of various proposed reduction measures will be conducted to help identify which measures are most suitable for the City of Santa Ana. This task also requires gaining familiarity with the City of Santa Ana's municipal operations, ordinances, land use policy, general plan, specific plans, and existing environmental programs to determine additional opportunities for emission reduction strategies. Measures considered will include reduction strategies for both internal government operations and community activities. Evaluation criteria will include, but not be limited to, estimated emissions reductions, cost, implementation time, and ease of implementation (relative to other actions). o Implementation and Monitoring Framework Based on quantitative and qualitative results of the analysis and evaluation, the consultant shall assist the City of Santa Ana in prioritizing measures and developing an implementation timeline that will allow the City to meet its long -term emissions targets and work within the City's budget limitations. Methodology to track, monitor, and measure progress will also be developed. The Climate Action Plan will be developed and customized for the City of Santa Ana: during the 2nd quarter 2011 through the first quarter 2012. A finalized Climate Action Plan document is deliverable at the end of the contract term. Coordinate California Green Building Code and LEED Certification Training The City of Santa Ana seeks to provide a higher level of internal expertise and to increase the level of energy efficient design and expertise in the building industry. The consultant will survey training available in the marketplace and be responsible for coordinating California Green Building Code and LEED certification training to city staff, legislative and advisory bodies, and other governmental stakeholders. LEED training and accreditation exams will be coordinated through established providers for up to 100 individuals and California Green Building Code training will be coordinated for up to 50 individuals. California Green Building Code and LEED training and accreditation coordination services will be delivered continuously from 4th quarter 2010 through 4th quarter 2012. Provide all reporting and data required by the Grant. Monthly, quarterly and annual reporting to SCE and for the CPUC will include invoicing, program tracking, financial information, and supporting documentation. A narrative update will include a discussion on administrative, marketing and direct implementation activities, an assessment of program performance, and any program changes. Requirements for these reports may change at the direction of SCE, the CPUC or the CPUC's Energy Division. 9/18/10 19E -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 CLERK OF COUNCIL USE ONLY: TITLE APPROVED REQUEST FOR PROPOSALS FOR ❑ As Recommended TAXI SERVICES AT THE SANTA ANA El Amended E] O Or rdinance on 15S Reading REGIONAL TRANSPORTATION ❑ Ordinance on 2nd Reading CENTER ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the Public Works Agency to send a Request for Proposals to qualified companies to provide taxi services at the Santa Ana Regional Transportation Center. DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a regional hub, combining Amtrak, MetroLink, Orange County Transit Authority, other bus services and taxi services. Since taxi services were first provided at the SARTC, the City has contracted with a single company to provide taxi services as a convenience for the patrons. The agreement provides revenues to the City to support operations of the Center. The current agreement with the taxi services provider was approved in December, 2005 and will expire on December 18, 2010. To continue providing this important service, staff is recommending that we send out a Request for Proposals to obtain competitive pricing. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 19F -1 Request for Proposals for Taxi Services at the SARTC October 18, 2010 Page 2 FISCAL IMPACT The Depot Enterprise currently receives approximately $72,000 in annual revenue from the taxi services company. These funds help to support the operations of the SARTC and are included in the Public Works Agency's Depot Enterprise (accounting unit 06717002 - 53815). V Raul Godinez II Executive Directo Public Works Agency IBM", Exhibit 1: Request for Proposals APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 19F -2 REQUEST FOR PROPOSALS FOR TAXI STAND FOR THE CITY OF SANTA ANA AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER Issue Date: Mandatory Job Walk Date: Proposal Due Date: KEY RFP DATES 19F -3 October 19, 2010 November 3, 2010 November 19, 2010 REQUEST FOR PROPOSALS Notice is hereby given that proposals will be received from qualified firms to provide taxi stand service at the Santa Ana Regional Transportation Center ( SARTC) , located at 1000 East Santa Ana Boulevard, Santa Ana, California 92701, per the attached specifications, at the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza, M -21, Santa Ana, CA 92701 until 5:00 p.m., November 19, 2010. If further information is needed, contact Christy Kindig, at (714) 647 -5088. Mailed proposals should be addressed as follows: Raul Godinez City of Santa Ana Public Works Agency 20 Civic Center Plaza, M -21 Santa Ana, CA 92701 Or delivery by hand or courier to: City of Santa Ana Public Works Agency 20 Civic Center Plaza Ross Annex, 4th Floor Santa Ana, CA 92701 c/o Raul Godinez It is the responsibility of the Proposing Party to see that any proposal submitted has sufficient time to be received by the City of Santa Ana Public Works Agency prior to the proposal due date and time. Late proposals will be returned to the Offeror unopened. ONLY SEALED RFPS ARE ACCEPTABLE. DO NOT FAX. The receiving time in the City of Santa Ana Public Works Agency will be the governing time for acceptability of proposals. Telegraphic, telephonic, and facsimile proposals will not be accepted. A mandatory job walk will be held on November 3, 2010 at 10:00 a.m. at the SARTC at 1000 East Santa Ana Boulevard, Suite 108, Santa Ana, CA 92701. ATTENDANCE IS MANDATORY. ** *Proposals submitted from vendors not attending the job walk will be considered nonresponsive. * ** 19F -4 I. INTRODUCTION The City of Santa Ana is requesting proposals for a taxi stand service for: The Santa Ana Regional Transportation Center 1000 East Santa Ana Boulevard Santa Ana, CA 92701 II. PROJECT OBJECTIVES The intent of the City of Santa Ana is to obtain proposals for establishing a contract for a taxi stand at the SARTC. The Proposing Party shall provide professional taxi service to the patrons of the SARTC by offering taxi pick -up on a daily basis. In issuing this Request for Proposals, the City desires to acquire the services of a capable, reputable, experienced taxi company to provide taxi service to the general public at the SARTC, in a well -run, professional manner. III. STANDARD TERMS AND CONDITIONS A. Proposal Submissions Proposals are due in the office of the Executive Director, Public Works Agency, at 20 Civic Center Plaza M -21, 4th Floor, Santa Ana on or before 5:00 p.m., Wednesday November 19, 2010. An authorized representative of the Proposing Party must sign all proposals. B. Late Proposals It is the responsibility of the Proposing Party to ensure that any proposal submitted has sufficient time to be received by the Public Works Agency prior to proposal due date and time. Late proposals will be returned to the Proposing Party unopened. C. Rights Reserved The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. D. Contract Offeror's signed proposal and written acceptance by the City shall constitute a contract. A written contract incorporating the Request for Proposals, questions and answers, and the successful proposal will be prepared by the City of Santa Ana, signed by the successful Proposing Party and presented to the City Council for approval and signature. It will be in substantially the same form as the License Agreement attached hereto as Exhibit A. 19F -5 E. Agreement Submission of a signed proposal will be interpreted to mean that the Proposing Party has agreed to all the terms and conditions set forth in all of the document pages which constitute this Request for Proposals. F. Sell or Assign The successful Proposing Party shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. No interest under this contract may be assigned, nor duties hereunder delegated, without prior written consent of the City Council. In case such consent is given, the Proposing Party shall file with the City Council copies of all subcontracts. No subcontract or transfer of contract shall in any case release either the Proposing Party of its surety of any liability under the contract and bond. The City will pay only the successful Proposing Party. G. Acceptance of the Offer Acceptance of the offer shall be limited to the terms herein unless expressly agreed to in writing by the City. H. Cancellation The City of Santa Ana reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Proposing Party in writing of the intention to cancel or with cause if at any time the contractor fails to fulfill or abide by any of the terms or conditions specified. Failure of the Proposing Party to comply with any of the provisions of this contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Santa Ana. In addition to all other legal remedies available to the City of Santa Ana, the City reserves the right to cancel and obtain from another source, any items which have not been delivered within the period of time stated in proposal, or if no such time is stated, within a reasonable period of time from the date of order as determined by the City of Santa Ana. L Compliance with Laws All proposals shall comply with current federal, State, and other laws relative thereto. Proposing Party further agrees that the services proposed comply with all applicable federal and State Occupational Safety and Health Administration laws, standards for regulations, and that the Proposing Party will indemnify and hold the City harmless for any failure to so conform. 19F -6 J. Terms/Definitions The Terms "Proposing Party," "Proposer," and "Offeror" may be used interchangeably in these specifications and shall refer exclusively to the firm with whom the City enters into a contract as a result of this Request for Proposals. K. Force Majeure (Acts of God) If execution of this contract shall be delayed or suspended, and if such failure arises out of causes beyond the control of and without fault or negligence of the Proposing Party, the Proposing Party shall notify the City in writing within twenty -four (24) hours, after the delay. Such causes may include but are not limited to acts of God, war, or acts of the public enemy, acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes, and unusually severe weather. L. Laws Governing Contract This contract shall be interpreted in accordance with the laws of the State of California. Parties further stipulate that this contract was entered into in the State of California, County of Orange, which is the only appropriate forum for any litigation as a result of breach hereof or any questions arising herefrom. M. Attorney's Fees In the event a suit or action is instituted in connection with any controversy arising out of this contract, the prevailing party shall be entitled to receive, in addition to its costs, such sum as the court may adjudge reasonable as to attorney's fees and costs. IV. ADDITIONAL TERMS & CONDITIONS A. Reference Each proposal must be returned with an Offeror's Reference Sheet, completed in full. B. Inquiries Refer inquiries in writing via email to Christy Kindig at ckindig @santa - ana.org. C. Award of Contract Based on Proposal Emphasis will be placed on the background, experience, and stability of the Proposing Party. The evaluation will focus on the Proposing Party addressing each point of the Request for Proposals, references provided by the Proposing Party, and verification of references by the City as to the overall satisfaction with the services provided by the Proposing Party. 19F -7 Award will be made to the most responsive proposal, based on evaluation by a committee of qualified City personnel, using the evaluation criteria detailed in Section VII. 1. The City of Santa Ana reserves the right to rank each of the proposals and negotiate with the highest- ranking Offeror. Negotiation with an individual Offeror does not require negotiation with others. 2. The City of Santa Ana reserves the right to select the proposal that is believed to serve the best interest of the City. D. Period of Contract The initial term of the contract shall be for a period of twenty -four (24) months from the date of the execution of the Agreement. E. Option of Renewal The contract may be extended subject to written notice of agreement by both parties, pursuant to approval of the Executive Director of the Public Works Agency, for up to three (3) additional twelve- (12) month periods beyond the primary contract period. Said extension shall be subject to the same terms and conditions as the present contract. F. Oral Presentation An oral presentation of proposals may be requested of any firm at the discretion of the Evaluation Committee. G. Certificate of Insurance During performance of the Agreement, and entirely at Offeror's sole expense, Offeror shall procure and maintain the following insurance, which shall be full coverage insurance not subject to self-insurance provisions. Offeror shall not, of its own initiative, cause such insurance to be canceled or materially changed during the course of herein agreement. a. Workers Compensation Insurance: within the limits established and required by the State of California. b. Employer's Liability with a combined single limit of Three Million Dollars ($3,000,000.00). C. Comprehensive general liability to include completed operations, contractual, independent contractors and personal injury; and automobile liability, including all autos; with at least the following combined limits of liability: G Lei ;ff 9.] i. Primary bodily injury liability limits of Three Million Dollars ($3,000,000.00) per occurrence. ii. Primary Property damage liability limits of Three Million Dollars ($3,000,000.00) per occurrence. 2. Prior to commencement of any work hereof, Offeror shall furnish to the City a Certificate of Insurance, in a form acceptable to the City Attorney, that shall certify contractor's insurance policies which provide as follows: a. City of Santa Ana, its officers, agents and employees are named as an additional insured on the comprehensive general liability and automobile liability insurance with respect to performance hereunder. b. The coverage shall be primary and noncontributory as to any other insurance with respect to performance hereunder. C. Thirty (30) days prior written notice of cancellation or material change must be given to the City. 3. "Occurrence," as used herein means any event, or related exposure to conditions that result in bodily injury or property damage. H. Interpretations /Clarifications No oral interpretations will be made by the City to any Proposing Party(ies) as to the meaning of specifications or any other contract documents. Every request for such an interpretation must be made in writing and shall be received by the Projects Manager of the SARTC not less than ten (10) calendar days prior to the date set for opening of proposals. Significant interpretations or clarification will be made by an addendum to the contract documents, which will be sent as promptly as is practicable to all persons to whom the Request for Proposals have been issued by the City. All such addenda shall become part of the contract documents. 19F -9 V. PROPOSAL AND EVALUATION CRITERIA A. Provide a synopsis of the firm's history, including the present financial condition of the Offeror. B. List experience, including a brief description, which validates Offeror's experience in similar operations. C. Reputation of the firm including a verification of data and three (3) current references. References from other municipalities or government agencies are requested, if available. D. Successful Offeror must be certified by OCTAP (Orange County Taxi Administration Program). VI. OTHER EVALUATION CRITERIA A. Total compensation dollars to be paid to the City for Taxi Stand (See XI. FEES). B. The City's experience(s) with the Offeror. VII. CITY RESPONSIBILITY A. Provide curb area for four (4) taxis. B. Provide clean-up ONLY of space in which the taxis are located. VIII. SUCCESSFUL OFFEROR'S RESPONSIBILITIES A. Provide transportation and labor. B. Provide a taxi stand compatible with the architectural style of the SARTC. Taxi stand must have City approval prior to installation. C. Maintain the taxi stand in a clean condition. D. Pay for all improvement costs, including any approved signage and curb painting. E. Install at its own expense and after City approval of location and style, a dedicated telephone outside, at or near the taxi stand and inside the SARTC lobby, for travelers to secure a taxi when none are present at the taxi stand. F. Coordinate start date with City so that the SARTC patrons will not be without taxi stand service. 19F -10 G. Provide taxi stand service during all hours that the SARTC at Santa Ana is open — 5:00 a.m. to midnight daily. H. During peak hours of 6:00 a.m. to 9:00 a.m., and 3:00 p.m. to 7:00 p.m., Monday through Friday, a minimum of three (3) taxis shall be on the premises at all times, with four (4) being the preferred service level. IX. FEES The successful Offeror shall pay the monthly compensation fee to the City of Santa Ana at the same time it submits its insurance documentation. X. EVALUATION PROCESS All submitted proposals shall be evaluated based on the information submitted. The evaluation process will use the following criteria: Total = 100 percent. A. Corporate Experience 15% B. Experience of Management assigned to handle contract 15% C. Experience of taxi drivers assigned to contract 25% D. Clarity and detail of submitted proposal 25% 1. Response to all aspects of required information 2. Offeror's Reference Sheet 3. Proposal Deposit — Bonds E. Compensation to City 20% TOTAL 100% XI. REQUIRED DOCUMENTS Offerors must return the following complete documents with their proposal: • Compensation with Detailed Calculation Methodology • Required Information • Offeror's Reference Sheet • Bidder's Statement, signed • Certification of nondiscrimination sheets at back of RFP. • Any other information the Offeror may choose to submit. Offeror must submit one (1) original and five (5) photocopies of each proposal offered. 19F -11 XII. CERTIFICATION OF NONDISCRIMINATION BY CONTRACTORS As suppliers of services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, State and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. Offeror agrees specifically: • To take affirmative steps to hire minority employees within the company. • To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. • To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. Please include any additional information available regarding equal opportunity employment programs now in effect within your company. XIII. OFFEROR'S STATEMENT I have read, understand and agree to the terms and conditions of all pages of this Request for Proposals. Upon request, I will transfer and deliver services to the SARTC in accordance with said terms and conditions. Tax Payer ID Number: Complete Legal Name of Company Phone Fax Business Street Address City /State Zip Signature of Authorized Agent / Title Printed Name 19F -12 XIV. RESULTING AGREEMENT A copy of the agreement resulting from acceptance of the successful Offeror's proposal is enclosed for review as Exhibit A. 19F -13 19F -14 �� REQUEST FOR COUNCIL ACTION `��� � CITY COUNCIL MEETING DATE: OCTOBER 4, 201 O TITLE REQUEST FOR PROPOSALS FOR WATER METER REPLACEMENT SERVICES CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED � As Recommended � As Amended Q Ordinance on 'I�` Reading � Ordinance on 2ntl Reading � Implementing Resolution � Set Public Hearing For CONTINUED TO /O- /� -o2oiO FILE NUMBER Authorize the Public Works Agency to send the attached Request for Proposals to qualified firms to provide water meter replacement services_ DISCUSSION The City's water system includes approximately 45,000 water meters that are used to measure water sales to customers. The life expectancy of these meters is approximately 10 to 15 years. Obsolete water meters tend to under register flow, which can greatly reduce revenue collections. Once meters reach the end of their service life, they are replaced by Water Resources Division personnel. Currently, there are approximately 8,000 small water meters in the City's water system that are more than 15 years old. The Water Resources Division has experienced a reduction iFl personnel in the last several years. The number of Water Meter Repairer positions (the positions responsible for meter replacements) was reduced from four to three during the last fiscal year. With the current water shortage and economic downturn, these same staff members have also seen an increase in other customer services related activities. Some of the calls they handle include high water bill complaints, water quality issues, and requests for service shut off. An internal review of water maintenance activities showed that contract services could potentially be used to reduce the backlog of obsolete water meters. The proposed contract is intended to replace approximately 3,000 meters during the current fiscal year. Should a contract be awarded to perform this work, workers with training and certifications similar to those possessed by City's Water Quality Staff will be required. 19G -1 Request for Proposal for Water Meter Replacement Services October 4, 201 O Page 2 Contracting out this activity will not result in layoffs or reassignments of existing City staff. A one year contract is being considered with an option to extend for additional years if this program is cost - effective. The intent is to use contract services to supplement existing City staff to eliminate deferred maintenance in the water meter replacement program. FISCAL IMPACT Funds are available in the Water Quality and Measurement Fund (account no. 06017644- 62300). Raul Godinez II Executive Director Public Works Agency rze�m_ Exhibit 1 : Request for Proposals 19G -2 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance &Management Services Agency REQUEST FOR PROPOSAL CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES CITY OF SANTA ANA PUBLIC WORKS AGENCY SANTA ANA, CALIFORNIA 92702 PROJECT MANAGER THOMAS L. DIX WATER SERVICES QUALITY COORDINATOR PHONE (714) 647 -3316 E -mail: tdix @santa- ana.org Proposal Due Date: XXXX, 20'10 During the Proposal period, all questions must be in writing and faxed to 7'14- 647 -3345, Attention= Thomas L. Dix, No later than, XXXX, at 4:00 p.m. Copies of the questions and answers will be provided to all Consultants intending to respond. No verbal responses will be given_ CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -3 Exhibit 1 Page 1 of 27 REQUEST FOR PROPOSAL WATER METER REPLACEMENT SERVICES GENERAL The City of Santa Ana is soliciting proposals from qualified firms to provide Water Meter Replacement Services. The City has over 44,000 water meters that are maintained and replaced according to a replacement schedule. A detailed scope of work is outlined in Section E of this RFP. The city will enter into an agreement with the firm to provide Water Meter Replacement Services. Upon receiving this Request for Proposal (RFP), consultant shall notify the City in writing and faxed to 7'f4- 647 -3345 (Attention: Thomas Dix) regarding its intent to respond to the RFP. The Consultant must be able to assist the City through this.. contract to provide the services needed. The consultant shall .utilize in -house staff and /or sub - consultants satisfactory to the City to complete the assignments. For specialized work for which the prime consultant will require asub- contractor, the prime consultant will serve as an administrative liaison between the City and the sub - contractor. The prime consultant mark -up for sub - consultants shall not exceed 15 %. The proposal shall be concise, to the point, and sufficient enough to cover all required submittals and exclude any extraneous materials. A cover Getter shall summarize key factors and guarantee than key personnel will be committed to perform the required tasks throughout the duration of the contract. PROPOSED SCOPE OF SERVICES A. .Terms Upon completing the selection process, the selected consultant will be awarded aone- year contract °fora "not to eicceed fee °'to be determined. B. PROJECT BACKGROUND This request is for Water Meter Replacement Services for the City of Santa Ana water distribution system. The City of Santa Ana desires to keep the water meter replacement program as an integral part of our general water asset maintenance program. Water meter replacement is an essential task and a key element to accurate customer billing. The City of Santa Ana is located in Orange County in Southern California. The City of Santa Ana's water system consists of approximately 475 miles of water mains with nearly 45,000 water service connections, 4,850 hydrants, and 6,00 water distribution valves_ The city land area is 27.2 square miles and the population is approximately 350,000 people. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P. wW.A. Water Resources 19G -4 Page 2 of 27 Today, the City has aggressively been replacing aging water meters. All general water meter maintenance and replacement has been done by the City's water quality services crew. C. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibility for all services offered in their proposals. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract agreement. Consultant shall tightly control the quality of the work performed by in -house staff and /or sub - consultants. Incomplete (not meeting targeted ..percentage completion) or poor quality of work will not be accepted. Sub - consultant work shall not exceed (15 %) of the contract agreement. A list of all sub - consultants shall be submitted as part of the proposal. A detailed list of all the sub - consultant tasks shall be included in the proposal D. PROJECT MANAGEMENT Meetings The Consultant will be required to attend meetings at the City of Santa Ana facilities. After the project has been awarded, akick -off meeting will be held. Progress meetings will be held on as needed basis. The Consultant will meet with representatives from the City and hold training workshops at the City offices. During these visits, the consultant will meet with the City of Santa Ana Water Resources personnel to discuss the water system infrastructure, water meter information,. INFRAMAP software and security. Progress Reports. Prepare and submit a monthly report in electronic format to the project manager /engineer that includes the following: A narrative description of work performed by major task along with a map and spreadsheet to graphically depict the progress and areas of work. The City will provide a computer tablet with INFRAMAP software as a loaner to accomplish the digital field data collection. A table indicating the person -hours and dollars budgeted for each task and the expenditures to date. A summary in percentage of overall project completion and expenditures of time, person- hours, and dollars during the preceding month. An updated project work schedule depicting current status of the project, including revisions to the schedule, modifications and or impacts to the milestone dates. A list of issues and /or anticipated problems to be discussed. A copy of all correspondence, logs of significant telephone conversations and memoranda. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G�� Page 3 of 27 E. SCOPE OF SERVICES In general, the Consultant shall perform water meter replacement services for the City of Santa Ana water distribution system. Consultant shall perform the following tasks: 1 . Consultant shall pick up water meters and curb stops from the City of Santa Ana Corporate Yard located at 220 S. Daisy Ave. The City Corporate Yard is open from 7 a.m. to 3 p.m. during the work week 2. All water meter replacements shall be 5/8 "x 3/4 ", 3/4" x 1" or 1" meters and all curb stops will be replaced. 3. Meter box will be cleaned and prepped. Debris -will not be put back in the meter box. 4. Debris from the cleaning and prepping of the meter box shall be hauled away by Consultant at Consultant's expense. The City will not provide a site to dispose of debris. 5. Consultant shall haul away replaced meters and drop them off at the City Corporate Yard located at 220 S. Daisy Ave. 6. New gaskets and coupling faces will be installed_by Consultant and couplers will be properly aligned and tightened. 7. Consultant shall document the meter exchanges in the format provided by the City as well as enter the data in the City's infraMAP data system_ Consultant shall provide the documentation.. information to the City: on a weekly basis. 8. As meters and curb stops are replaced, Consultant shall note the condition of the meter box and the circdmstances of the area surrounding the box_ Any meter boxes requiring Ceplacement shall be documented 2nd documentation submitted to the City. 9. Consultant shall replace all curb stops under pressure (curb stop stabbing). 1 O. Consultant shall supply -the full face gaskets, brass and bronze nuts, bushings, and other small parts as necessary for meter replacement. Consultant is expected to install correct meter couplings /reducers, if needed, during meter replacement. 1 1 _ If Consultant encounters a situation where the existing meter box requires replacement, Consultant shall note it and include this information in its monthly report to the City. 12. If Consultant encounters a situation where the customer's pipes or the City's pipes are in a condition that could cause a leak, Consultant shall skip this location and document it. Consultant shall include this information in its monthly report to the City. 13. If Consultant encounters a situation where there is an excessive leak, contact the City's primary contact immediately. 14. If Consultant damages the customer's service lines during the course of replacing the meter, Consultant shall immediately contact the City's representative and shall be responsible for repairing the line at the time of damage. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -6 Page 4 of 27 15. If Consultant encounters a meter where angle stops are installed, Consultant shall skip this location and document it. Consultant shall include this information in its monthly report to the City. 16. City will provide the Consultant a meter replacement schedule. City will provide the Consultant with addresses, meter numbers, etc. of meters to be replaced. 17. City shall supply all replacement meters and curb stops. 18. Under no circumstance shall Consultant be allowed to operate water distribution valves. If the Consultant encounters a situation where the water need to be shut off, the Consultant shall contact the City's primary contact. City Responsibilities: 1 . City will assign a primary and secondary contact for the meter replacement project 2. City will provide the Consultant a meter replacement schedule. 3. City shall provide the meters and curb stops needed for this project. F. CERTIFICATION AND EXPERIENCE REQUIREMENTS This project involves the maintenance and replacement of assets of th'e:City's water distribution system. Improper handling and /or lack.. of knowledge of water distribution systems can result in negative effects on the system that may result in health and safety impacts. The Consultant shall demonstrate that the personnel that will: be assigned to this project be, at minimum, certified by the. State of California Department of Health Services (CDPH) as a Waterbistribution Operator Grade D1. The Consultant's shift supervisor overseeing maintenance. operations assigned to this project must be, at minimum, certified by CDPH as a Water Distribution Operator Grade D3. Consultant shall submit copies of the certifications as part of their response to this proposal. Consultant must also demonstrate at least three (3) years of experience performing similar work. Consultant shall provide three (3) references that the City may call as part of their proposal G. COMPENSATION This proposal shall indicate a unit fixed fee for Water Meter Replacement Services as outlined in this proposal. The fee shall include the Consultant's personnel including sub consultants, if any, and all direct and indirect expenses to complete the work. Payments shall be made on the basis of work completed as agreed upon by the City. Additional Services, as authorized in writing by the City, will be paid at the unit billing rate. All fees shall be considered full compensation to perform work as outlined in the scope of services and no additional compensation will be allowed therefore. H. TENTATIVE SCHEDULE Issue Request for Proposal (RFP) XXXX, 201 O CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -/ Page 5 of27 Submit Notice of Intent to Respond to City XXXX, 2010 Submit Questions to City XXXX, 2010 Submit Proposals to City XXXX, 201 O Award Contract XXXX, 2010 Begin Work XXXX, 2010 Proposals are due in the office of the Executive Director, Public Works Agency, at 20 Civic Center Plaza, Ross Annex, M -21, 4th Floor, Santa Ana, California, 92701, ATTN: Thomas Dix, on or before 4:00 p.m., XXXX, 201'0. ISSUING OFFICE Santa Ana Public Works Agency, Office of the Executive Director, 20 Civic Center Plaza, Ross Annex, 4th Floor, M -21 , Santa Ana, California 92701 . J. PROPOSAL REJECTION The City reserves the right to reject .any or all proposals submitted, and is not liable for any pre - contractual expenses: Pre - contractual expenses are. defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this 'RFP; (b) submitting that proposal to the City; (c) negotiating with the.. City in. any matter - related to this proposal; (d) any other expenses incurred by offeror .prior to date of award, if any, of the contract. Offeror shall not include any such expenses as part of the_prce as proposed in response to this RFP. K. ADDENDA Any subsequent changes in the RFP from the date of issuance to the date of submittal will result in an addendum by the issuing office to those parties who have provided the proper notice of interest in responding to the RFP. L. PROPOSAL CONTENT AND SIGNATURE Three (3) copies of the proposal will be required with all copies having been signed by the individual or, if a company, the company official with the power to bind the company in its proposal_ The fee schedule, Attachment D (3 copies) and Attachment A shall be separately bound, sealed, and submitted to the City. To be considered, all proposals shall be completely responsive to the RFP. M. ACCEPTANCE OF CONTRACT The contents of the proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation will result in the cancellation of any award. Any damage accruing to the City as a result of a CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.OW.A. Water Resources 19 G _$ Page 6 of 27 failure to contract may be recovered from the consultant. A sample agreement is attached for reference (Attachment C). N. PRIME CONSULTANT RESPONSIBILITIES The selected consultant will be required to assume responsibility for all services offered in their proposals. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contracts. O. DISCLOSURE Any information, other than cost and price, which a consultant does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" —this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose. other than io evaluate the response; provided that: the contract is awarded to this offeror, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction will not limit the City the right to use information contained herein if it is obtained from another source. P. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City Q. RULES FOR'PROPOSALS The signer of the proposals must declare in writing that the only person, persons, company or parties interested in "the proposal as principals, are named therein; that the proposal is made without- collusion -with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, ..and that the signer of the proposal .has fully authority to bind the principal proposer. R. METHOD OF Pi4YMENT The consultant, shall submit monthly invoices to the City for the services rendered for that month. The invoice shall include a detailed breakdown of the services, limits, the tasks, the hours, and the .unit costs. S. REGULATIONS The selected consultant will be expected to comply with all applicable federal, state and local regulations, building codes, and contract provisions. The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement. T. INFORMATION REQUIRED FROM CONSULTANT Proposals shall be submitted in the format as described below: CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -9 Page 7 of 27 Organization and Credentia /s The name, address and telephone number of the person of whom correspondence should be directed and who has authority to negotiate on behalf of the firm. Provide a synopsis of the consultant's qualifications and past experience in Water Meter Replacement Services. WorK P /an Provide a narrative rendition of the technical work plan and procedures required to perform the work as described in the Proposed Scope of Services. The following information must be included as a minimum: • Show required task • Employee's designation and man - hours to complete each task • Total number of hours to complete the Scope of Work • Provide detailed information and an outline. indicating the specific steps in each of the scope of services items of work to insure quality and control. Consultant shall submit a sample set of most' recent Water Meter Replacement Services, includino specific tasks and estimate." Staffing The consultant shall identify their Project Manager,_and other key personnel to be assigned to the project, their qualifications, representative experience, and their capability to explore and resolve problems. Consultant shall submit copies of their personnel's Water Operator or Water Treatment Certifications issued by the State of California Department of Health Services. Certified operators are required at tF�e time the proposals are due, failure to submit proof of certification will result in disqualification. Once the agreement is executed, the Consultant's staff shall not be substituted without the prior written approval of the City of Santa Ana. Sub- consu /tants The Consultant shag- identify any sub - consultants it intends to employ in relation to this contract. The Consultant shall identify sub - consultant's qualifications and key personnel. The Consultant shall be held responsible for any and all work performed by the Consultant's sub - consultant. List any sub - consultants the Consultant intends to utilize and the percentage of work each sub - consultant will perform for each of the task. If the Consultant will not utilize asub- consultant for any portion of this contract, the Consultant shall utilize this heading to make a statement declaring that no sub - consultants will be employed for this contract. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -1 O Page 8 of27 References List a minimum of three (3) references from previous or existing projects in water meter replacement services that the City may contact. Fee Schedu /e (Attachment O) The Consultant shall complete the fee schedule (Attachment D) for the proposed services. Consultant shall provide a table of total dollars and estimated person - hours for the items listed in Attachment D. The fee schedule shall include the following: • Rate per meter for 5/8 "x 3/4" water meter and curb stop replacement. The City reserves the right to increase or decrease th® quantity of 3/4" water meters to be replaced based on the unit prices provided. • Rate per meter for 3/4 "x 1" water meter and -.curb stop replacement. The City reserves the right to increase or decrease the quantity of 5/8" water meters to be replaced based on the unit prices provided. • Rate per meter for 1" water meter and curb stop replacement. The City reserves the right to increase or decrease the quantity of 1" water meters to be replaced based on the unit prices .provided., Additional information and Comments The contents under these headings are left to the discretion of the Consultant. Material.. shall be pertinent to the proposal. U. CRITERIA FOR SELECTION. The response to this Request for Water Meter Replacement Services Agreement should contain documentation of .consultants and /or consultant's agency's credentials and expertise in this field. Substantial consideration will be given to Consultants with demonstrable and documented experience in similar work. Responses will be evaluated on the basis of the qualifications, abilities, responsiveness of the proposing firms, references and fee schedules. The responses received will be reviewed by an evaluation committee appointed by the Executive Director of the Public Works Agency. All proposals received will be fully reviewed and rated by the Evaluation Committee. The ultimate Consultant selection will be based upon both technical merit and cost competitiveness. V. THE CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -11 Page 9 of27 enterprises. All submitting firms must have established affirmative action programs approvable by the City. The attached "Certification of Non - Discrimination by Consultants" shall be completed by each submitting firm and included in the proposal (Attachment A). W. INSURANCE REQUIREMENTS A certificate of insurance additional insured endorsement is enclosed for your reference (Attachment B). Please refer to the sample agreement for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The appropriate endorsements are also shown within the sample contract agreement (Attachment C). The certificate shall include the City. of Santa Ana, its officers and employees as insured or additional insured. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES Ci[y of Santa Ana P.W.A. Water Resources 19G -12 Page lO of 27 AT'T'ACHMENT A Certification of Non - Discrimination by Consultants CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -13 Page � � oF2� CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1 . To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels_ 3. To communicate this policy to all persons concerned, including "all company employees, outside recruiting services, especially those. servicing minority conununities, and to the minority communities at large.. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within youYCOmpany. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -14 Page �2 of2� n r rft c. r inacry ;►- tf Sample Certit3cate of Insurance ADDITIONAL INSURED ENDORSEMENT CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -15 Page .3 of 27 ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1 . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the. operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom clairn is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall noY'affect any right which such person or organization would have as a claimant if not so included. 4. With respect to'the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701 . (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,the endorsement form as part of Policy # Issued to Name Insured Countersigned by CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -1 � Page 14 of 27 ATTACHMENT L' Sample Contract Agreement CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -17 Page .5 of2� CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of 2002, by and between ( "CONSULTANT ") and the City of Santa Ana, a municipal corporation of the State of California ( "CITY "). WITNESSETH Recitals: A. CITY desires to retain a professional firm having skill and knowledge in the field of Engineering for the purpose of preparing construction documents for the project. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties hereto da hereby agree as follows: 1. REPRESENTATIVES AND NOTICE A. For purposes o£ implementing this Agreement, the representatives of CITY shall be the Executive Director. of the Public Works Agency and his designated representatives (the "Director ") .and the representative of CONSULTANT shall be the Vice - President. Except as may be otherwise stated hereinafter, such representatives shall have the authority to act on behalf of their respective paities in carrying out the terms of this AGREEMENT. B. Any notice or instrument required to be given or delivered to either party to this AGREEMENT may be delivered by personal delivery or by depositing the same in the United States mail, postage prepaid, addressed to: CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.WOA. Water Resources 19G -1$ Page 16 of 27 If to CITY: Executive Director Public Works Agency City of Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 If to CONSULTANT: Notice of change of address shall be delivered in the same:. manner as any other notice provided herein. Notice by mail shall be effective three days after ,..mailing by the above - described procedure. 2. SCOPE OF SERVICES OF CONSULTANT CONSULTANT agrees to perform, at its own cost ..and expense except for the compensation specified in this Agreement, the. services specified in the RFP, attached hereto as "Exhibit A" and incorporated herein by reference, and the Proposal, attached hereto as "Exhibit B" and incorporated herein by reference, subject to. modifications as may be set forth in the text of this Agreement. 3. STANDARD OF PERFORMANCE In undertaking_ the performance of this Agreement, CONSULTANT represents that it is knowledgeable in the field. specified in Recital A of this Agreement, and that any services performed by CONSULTANT under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in that field. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -19 Page 17 of 27 4. TIME OF COMPLETION The services to be performed pursuant to this Agreement shall be completed within months from the day of written notification to proceed from the Director, subject to extension with the approval of the Director, which shall not be unreasonably withheld. 5. CITY OBLIGATIONS CITY shall provide CONSULTANT with all records' in the possession of CITY which will be of assistance to CONSULTANT in the performance of this Agreement. 6. COMPENSATION CITY agrccs to pay, and CONSULTANT agrees to accept payment in accordance with the fee schedule sct forth in the Proposal, provided that total compensation for all work within the scope of the RFP and the Proposal shall not exceed $ CONSULTANT shall submit monthly invoices each accompanied by a detailed statement of services performed during the period for which payment is requested. Payment by CITY shall be made within thirty (30) days following receipt of a proper invoice, subject to CITY accounting procedures. Notwithstanding the foregoing, payment need not be made for work that fails to meet the standard of performance specified. in Section 3. CONSULTANT and the Director may agree upon the performance by CONSULTANT of additional work beyond the scope of RFP and the Proposal but related thereto this Agreement. However, total payments to CONSULTANT pursuant to this Agreement, including all such additional work, shall not exceed $ without the approval of CITY. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -20 Pagc IS of 27 7. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to do so. 8. HOLD HARMLESS CLAUSE CONSULTANT agrees to indemnify and hold harmless CITY, and its officers, agents, representatives, volunteers and employees from any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, however caused, arising out of CONSULTANT'S negligent performance or failure to perform, any and all things necessary to and required to be done by CONSULTANT, pursuant to the specifications in the Agreement. 9. INSURANCE With respect to performance of work under this Agreement, CONSULTANT shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: A. Worker's Cpmpensation insurance with statutory limits, any employer's liability insurance with limits not less than $1,000,000 per accident. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -21 Page 19 of 27 B. Commercial general liability insurance or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project CONSULTANT performs for CITY. Such insurance shall (a) name CITY, The Orange County Sanitation District, and their officers, agents, representatives, volunteers and employees as additional insureds; (b) be primary with respect to insurance or self - insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions; and (d) give to CITY prompt and timely notice of claim made or suit instituted arising out of CONSULTANT'S- operations hereunder. C. 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per occurrence.. CONSULTANT "shall (a) furnish properly executed certificates of insurance and additional insured endorsement to the Director -prior to commencement of work under this Agreement, which shall clearly, evidence.. all coverage required above and provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to CITY; (b) maintain such insurance from the time work first commences until completion of the work under this Agreement; and (c) replace such certificates for policies expiring prior to completion of work under this Agreement. The Director may Waive or reduce the requirements of this section if and to the extent the Director determines them to be unreasonably burdensome to the CONSULTANT and not necessary for the protection of CITY. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -22 Page 20 of 27 10. TERMINATION OF AGREEMENT This Agreement may be terminated by the Director upon 30 days written notice of termination to CONSULTANT. In such event, CONSULTANT, shall be entitled to receive and CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT for work actually performed to the end of the 30 day period. As a condition of such payment, the Director may require CONSULTANT to deliver to CITY all work product completed as of such dated, and in such case such work product shall be the property of CITY, and CONSULTANT consents to CITY'S use thereof for such purposes as CITY deems appropriate. 1 1. MISCELLANEOUS PROVISIONS A. By signing this Agreement, CONSULTANT certifies that it does not discriminate in hiring on the basis of race, color, creed, religion, sex, age, .marital status, national origin, ancestry, physical handicap, or medial conditions. B. CONSULTANT shall not assign or transfer any interest in this Agreement, whether by' assignment or novation, without the prof written consent of the Director; provided, however, that claims for money due or to become due from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval_ Notice of any such assignment or transfer shall be promptly furnished to the Director_ C_ CONSULTANT agrees that CONSULTANT is an independent contractor and not an employee of CITY and all CONSULTANT'S personnel shall be employees or subcontractors of CONSULTANT and not employees of CITY. CONSULTANT shall pay all salaries and wages, employers social security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W�.}A. Water Resources 19G -23 Page 21 of 27 D. CONSULTANT shall not subcontract any of the services required hereunder without prior written approval of the Director. E. CONSULTANT reserves the right to effect changes in form or name, including but not limited to changes from individual proprietorship, partnership or corporation to any other such form of organization, and likewise reserves the right to add, substitute or delete stockholders, partners, associates, and employees. This Agreement shall continue in effect with regard to CONSULTANT under its new form or name without the necessity of any amendment to this Agreement. The Director shall be promptly notified;ofany such change in form or name. F. Nothing in this Agreement shall_be construed to limiYthe CITY'S ability to have any of the services which are the subject to this Agreement performed by CITY personnel or by other consultants retained by CITY. G. 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. H. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. This Agreement supersedes any and all other agreements either oral or in writing between the .parties hereto and contains all the covenants and agreements between the parties with respect thereto. Each party to this Agreement acknowledges that no representation, inducements, promises or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, with respect to such services, which are not embodied herein. J. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. K. This Agreement may not be modified or amended except in writing signed by CITY and CONSULTANT. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.wA. Water Resources 19G -24 Page 22 of 27 L. CONSULTANT 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. CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -25 Page 23 of2� The parties have executed this Agreement as of the date and year first written above. ATTEST: Patricia E. Healy Clerk of the Council RECOMMENDED FOR APPROVAL: James G. Ross Executive Director Public Works Agency APPROVED AS TO CONTENT: David N. Ream City Manager APPROVED AS TO_FORM: Joseph W. Fletcher City Attorney CITY OF SANTA ANA Miguel A. Pulido Mayor YOUR COMPANY NAME Name/Title ID # CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -26 Page 24 of 27 i1 `I' "/'ElG`HI�1L�N "l' D Fee Schedule CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.JA. Water Resources 19G -2 / Page 25 of 27 CITY OF SANTA ANA Water Mctcr Replacement Services FEE SCHEDULE TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned declares that he /she has carefully examined .the request for proposal, that he /she has examined the Proposed Scope of Services, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said. Proposed Scope of Services, for the unit prices) set forth in the following schedule: Item # Bid Item Unit Quantity -..Unit Price Amount 1. Replace 5 /8 "x 3/4" Water Meter and EA 3,000 $ $ Curb Stop 2. Replace 3/4 "x 1" Water Meter and Curb EA 500 $ $ Stop 3. Replace 1" Water Meter and Curb Stop. EA 500 $ $ Total $ �, BIDDER Firm Address Phones) Bidder Signature CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.WQA. Water Resources 19G -28 Page 26 of 27 A"1'TAG'HMF_N7' F, City Standard Plan No. 1401, 1" Copper Water SerYice CITY OF SANTA ANA WATER METER REPLACEMENT SERVICES City of Santa Ana P.W.A. Water Resources 19G -29 Page 27 of 27 19G -30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE REQUEST FOR PROPOSALS FOR RIGHT OF WAY SERVICES FOR CIP PROJECTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Public Works Agency to send Request for Proposals to qualified consulting firms to provide right -of -way services for Capital Improvement Projects. DISCUSSION The Public Works Agency (PWA) oversees the right -of -way (ROW) acquisition for a variety of street widening projects budgeted included the Capital Improvement Program (CIP). Several current and future CIP projects are scheduled for widening such as: Bristol Street and Grand Avenue. Acquisition, relocation and other ROW related services are provided by the professional consultants specialized in those fields. PWA has contracted with these firms annually to provide the City with assistance in obtaining the necessary ROW for the CIP projects. The current contracts will expire shortly and PWA needs to issue request for proposals (RFP) to qualified firms in these specialty areas in order to acquire the necessary right -of -way for CIP projects and to meet the State and Federal regulations. Following is the list of separate RFP's proposed for the needed ROW services: Project Management & Oversight Property Appraisal Acquisition, Relocation & Property Management Furniture, Fixtures and Equipment Appraisal Business Goodwill Appraisal Environmental Assessment Demolition Surveying and Mapping Staff is recommending approval to issue RFP's to qualified firms. 19H -1 Request for Proposals For Right of Way Services October 18, 2010 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds to pay for these services are budgeted in various projects in the CIP. The total estimated contract amounts for all services are $3.0 million. Raul Godinez II Executive Director Public Works Agency RG /SA Exhibit 1: Request for Proposals APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency i%]_i_W REQUEST FOR PROPOSALS FOR RIGHT OF WAY CONSULTING AND RELATED SERVICES CITY OF SANTA ANA PUBLIC WORKS DEPARTMENT 20 CIVIC CENTER PLAZA M -36 SANTA ANA, CALIFORNIA 92701 Due Date and Time: November 11, 2010 Before 5:00 p.m. Proposal Submittal: Proposals must be submitted to the City of Santa Ana, Public Works Department, Attn: Souri Amirani, Deputy City Engineer, per the Submittal Instructions Section of this RFP. ALL PROPOSALS MUST BE RECEIVED BEFORE 5:00 PM on November 11, 2010. NO LATE PROPOSALS WILL BE ACCEPTED. Any requests for clarification or other questions concerning this RFP must be submitted via email to Souri Amirani at samirani(c)-santa- ana.org before 4:00 pm on November 1, 2010. Responses will be provided via an addendum sent via email. The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. li-l■_5: REQUEST FOR PROPOSALS (RFP) FOR RIGHT OF WAY CONSULTING AND RELATED SERVICES INTRODUCTION The City of Santa Ana ( "City ") is soliciting separate proposals from professional consulting firms (individually referred to hereafter as "Consultant" and collectively as "Consultants ") to provide right of way and related services on an as- needed basis. The services being considered for contract are the following "Specialty Areas ": Specialty Areas Contract Amount (per thousand) (Al) Project Management Services $350K (A2) Property Appraisal Services $300K (A3) Furniture, Fixtures and Equipment Appraisal Services $350K (A4) Business Goodwill Appraisal Services $350K (A5) Acquisition, Relocation, and Property Management Services $500K (A6) Environmental Services $350K (A7) Demolition Services $750K (A8) Surveying and Mapping Services $150K From the proposals received, it is the City's goal to select one firm to perform the Project Management and Oversight Services and one to two firms for the other disciplines listed above. The City will enter into separate agreements (the "Agreement ") with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. The fee and a detailed scope of work will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. BACKGROUND The City of Santa Ana is planning various road widening and intersection projects. These projects include, but are not limited to: Bristol Street Widening Project; Grand Avenue, First to Fourth; 17th and Bristol Intersection; Bristol Warner Intersection. It is anticipated that the consultant will be responsible for the establishment of right of way requirements, right of way mapping, appraisals, environmental studies, right of way acquisition, relocation, property management, demolition and site clearing, and title transfer to the City. It is also anticipated that the City may have the responsibility to acquire by condemnation any parcels for which negotiations become unsuccessful. It is the City's intent to establish a right of way consultant team for all the Specialty Areas. These Specialty Areas are included in the Scope of Work section of this document. The actual number of consultants to be selected will depend on the availability of qualified firms, evidenced by the proposal process. Page 2 of 48 19H -4 Minimum Qualifications Following are the minimum qualifications to be used to evaluate responses to this Request for Proposals. (Any firm failing to meet these minimum qualifications shall be disqualified.) 1. Consultant has a full -time service office in Orange County, California. 2. Proposed Project Manager and /or Firm has five (5) or more years experience managing federal, state and locally funded projects for a public agency (i.e. Public Works Department). 3. Firm has three or more excellent references for work performed in the past five (5) years. Specialty Areas The City's "General Requirements — Right of Way Services" as well as a "Scope of Work by Specialty Area" are set forth in ATTACHMENT 1, included herein. Consultants may submit proposals for as many Specialty Areas for which they deem themselves qualified. Separate proposals should be submitted for each Specialty Area. A Consultant may be selected for one or more Specialty Area, depending on qualifications. Other Requirements In addition to the requirements set forth in the City's Professional Consulting Services Agreement, there may be other requirements imposed on a per project basis, especially for certain federally funded projects. Any such City requirement shall be provided to Consultant prior to obtaining a proposal for such a project. The City of Santa Ana's Professional Consulting Services Agreement is included herein as ATTACHMENT 2. The initial agreement term will be three (3) years, plus two (2) one -year option terms for a total of up to five (5) years. The City intends to award multiple contracts from this solicitation. Services will be performed under separate Contract Task Orders (CTO) issued following contract award. Within the general Scope of Work Shown in ATTACHMENT 1, the City will, at its sole discretion, issue CTO's for specific tasks. CTO award will be based upon factors such as (1) experience in and understanding of the task, (2) capacity of the firm to perform the CTO work within the required time frame given on -going commitments to other work, (3) reasonableness and affordability of the price. There is no guarantee that any firm awarded a contract will receive a minimum amount of work through CTO's. Prevailinq Wages CTO's issued under the Agreements awarded from this RFP may be funded under a financial assistance contract by the U.S. Department of Transportation, and as such will be subject to all conditions of the Davis -Bacon Act (40 U.S.C. 276a) and the Labor Code of the State of California commencing in Section 1770 et. seq. It is required that all mechanics, laborers and technicians subject to prevailing wages in their performance of services under the Agreements be paid not less than the current basic hourly rates of pay and fringe benefits. Wage schedules are available at the City's Offices or on the internet at — www.dir.ca.gov /DLSR /statistics _ research.html and - www.access.gpo.gov /davisbacon /. Page 3 of 48 19H -5 Consultants shall utilize the relevant prevailing wage determinations in effect on the date the CTO proposal request was received. In the event there are any differences between the minimum wage rates as determined by the United States Secretary of Labor and those determined by the State of California, the highest rate must be paid. SUBMITTAL REQUIREMENTS This Request for Proposals is intended to assess each Consultant's general capabilities as they would apply to the City of Santa Ana and to evaluate specific responses to each Specialty Area and the expected scope of work. In order to maintain uniformity with all proposals furnished by Consultants, it is hereby requested the proposals be limited to a maximum of 30 pages (excluding front and back covers, section dividers, resumes and required forms). Proposals shall be typed with a standard 12 point font, double spaced and submitted on 8 Y2" X 11" paper using a single method of fastening. Charts and schedules may be included in 11" X 17" format. Consultant must address each of the following items in their response to this RFP• 1. _ Proposal cover and letter of transmittal State the name and the Specialty Area being submitted (e.g., "(A2) Real Property Appraisal Services," etc.). Provide firm's full legal entity name and include the type of business structure (e.g., a California corporation, a limited liability company or a sole proprietorship). This information is critical; as it will be used for the ultimate contract if awarded Corporations must include their state of incorporation. The letter should also provide general contact information including the name of the proposed Project Manager, the office address, phone, FAX and e -mail address from which he /she will work. Consultants submitting proposals for multiple Specialty Areas must state a single contact name and information including email address for the final single contract. 2. Technical Proposal a. Qualifications, Related Experience and References of Consultant This section of the proposal should establish the ability of Consultant to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. The Consultant shall: (1) Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees. (2) Provide a general description of the firm's financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Consultant's ability to complete the project. (3) Describe the firm's experience in performing work of a similar nature to that Page 4 of 48 solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe experience in working with the various government agencies identified in this RFP. (4) Identify subcontractors by company name, address, contact person, telephone number and project function. Describe Consultant's experience working with each subcontractor. (5) Provide as a minimum three (3) references for the projects cited as related experience, and furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Consultant may also supply references from other work not cited in this section as related experience. b. Proposed Staffing and Project Organization This section of the proposal should establish the method, which will be used by the Consultant to manage the project as well as identify key personnel assigned. The Consultant shall: (1) Provide education, experience, and applicable professional credentials of project staff. (2) Furnish brief resumes (not more than two [2] pages each) for the proposed Project Manager and other key personnel. (3) Indicate adequacy of labor resources utilizing a table projecting the labor -hour allocation to the project by individual task. (4) Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. Include the person's name, current location, proposed position for this project, current assignment, level of commitment to that assignment, availability for this assignment and how long each person has been with the firm. (5) Include a project organization chart, which clearly delineates communication /reporting relationships among the project staff. (6) Include a statement that key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of the City. C. Work Plan Consultant should provide a narrative, which addresses the Scope of Work, and shows Consultant's understanding of City's needs and requirements. The Consultant shall: (1) Describe the approach to completing the tasks specified in the Scope of Work. The Page 5 of 48 19H -7 work plan shall be of such detail to demonstrate the Consultants ability to accomplish the project objectives and overall schedule. (2) Outline sequentially the activities that would be undertaken in completing the tasks and specify who would perform them. (3) Furnish a project schedule for completing the tasks in terms of elapsed weeks from the project commencement date. (4) Identify methods that Consultant will use to ensure quality control as well as budget and schedule control for the project. (5) Identify any special issues or problems that are likely to be encountered in this project and how the Consultant would propose to address them. (6) Consultant is encouraged to propose enhancements or procedural or technical innovations to the Scope of Work that do not materialy deviate from the objectives or required content of the project. d. Exceptions /Deviations State any exceptions to or deviations from the requirements of this RFP, segregating "technical" exceptions from "contractual" exceptions. Where Consultant wishes to propose alternative approaches to meeting the City's technical or contractual requirements, these should be thoroughly explained. If no contractual exceptions are noted, Consultant will be deemed to have accepted the contract requirements as set forth in ATTACHMENT 2. 4. Cost and Price Proposal As part of the cost and price proposal, the Consultant shall submit proposed pricing to provide the services for each work task described in Attachment 1, Scope of Work. Consultant shall complete "List of Key Personnel" form included with this RFP (Exhibit A) and shall complete the "Price Summary Sheet" form included with this RFP (Exhibit B), and furnish any narrative required to explain the prices quoted in the schedules. The Agreement will have a time -and materials type of payment provision, with the consultant paid for actual hours worked plus other direct costs for a CTO. Each CTO will have an estimated price, and the consultant shall exercise due diligence to perform its work within the estimated price. Appendices Information considered by Consultant to be pertinent to this project and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Consultants are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials. Appendices should be relevant and brief. DBE 3 SOLICITATION PROVISIONS AND PARTICIPATION FORMS Page 6 of 48 GP'1: 1196� The Consultant shall complete and submit with its proposal Enclosures 4a through 4d in accordance with the instructions set forth in EXHIBIT D "Disadvantaged Business Enterprise Requirements and Instructions." REFERENCES Provide a minimum of three (3) references for similar projects performed only within the past five (5) years. Include the project cost and year of completion, along with the client's name, address, phone number and email address. Rank them in order according to their similarity to the City of Santa Ana Public Works Department Projects and your understanding of the general scope of work. Describe the project or type of work provided for each reference. CERTIFICATION FORM Complete and include the Certification of Non - Discrimination by Consultants form (ATTACHMENT 3) with your proposal. SUBMITTAL INSTRUCTIONS Submit five (5) bound copies of your proposal signed by a company official with the power to bind the company in its proposal before 5:00 PM on or before November 11, 2010. Proposals must be clearly and submitted to: City of Santa Ana, Public Works Department Attn: Souri Amirani, Deputy City Engineer 20 Civic Center Plaza M -36 Santa Ana, CA 92701 CONSULTANT SELECTION The response to this Request for Proposal shall contain documentation of Consultant's credentials and expertise pertaining to your specialty in this field. Substantial consideration will be given to Consultants with demonstrable and documented experience in similar work. Proposals will be evaluated on the basis of the qualifications, abilities, and responsiveness of the proposing Consultant. The City of Santa Ana has established a Consultant Selection Committee to evaluate Consultant's proposals. The evaluation of each proposal will be based on technical criteria and qualifications listed within the RFP, reference checks, and other information which will be gathered independently. The following general selection criteria will be used to evaluate each consultant firm: 1. Qualifications of the Firm — 30% Technical experience in performing work of a closely similar nature; experience working with public agencies; strength and stability of the firm; strength, stability experience and technical competence of subcontractors; assessment by client references. Page 7 of 48 l P] 2. Staffing & Project Organization — 30% Qualifications of project staff, particularly key personnel and especially the Project Manager; key personnel's level of involvement in performing related work cited in "Qualifications of the Firm" section; logic of project organization; adequacy of labor commitment; concurrence in the restrictions on changes in key personnel. 3. Work Plan — 20% Depth of Consultant's understanding of City's requirements and overall quality of work plan; logic, clarity and specificity of work plan; appropriateness of labor distribution among the tasks; ability to meet the project deadline; reasonableness of proposed schedule; utility of suggested technical or procedural innovations. 4. Cost and Price — 20% Reasonableness and affordability of the proposed hourly rates and other direct costs compared with other offers received. Adequacy of data in support of figures quoted; reasonableness of individual task budgets; basis on which prices are quoted. EVALUATION PROCEDURE An evaluation committee will be appointed to review all proposals received for this RFP. The committee is comprised of City staff and may include outside personnel. The committee members will evaluate the written proposals using criteria identified in Consultant Selection above. A list of top ranked proposals, firms within a competitive range, will be developed based upon averaging of the committee members' scores for each proposal. During the evaluation period, the City may interview some or all of the proposing firms. At any time during the evaluation process, and before or after selection for award, the City may negotiate contract terms with some or all Consultants, and expressly reserves the right to negotiate with several Consultants simultaneously, and thereafter to award a contract to the Consultant or Consultants presenting the most favorable terms to the City. Consultants may also be asked to submit a Best and Final Offer (BAFO). The BAFO will include, but not necessarily be limited to, additional information, confirmation or clarification of issues, and submission of a final cost/price proposal. At the conclusion of the evaluation process, the evaluation committee will recommend to the appropriate Board Committee, the Consultant with the highest final ranking or a short list of top ranked Consultants within the competitive range The Board Committee will review the evaluation committee's recommendation and forward its decision to the full Board of Directors for final action. AWARD The City Council will consider the recommendation of staff and may approve contract award or Page 8 of 48 modify the recommendation. The City reserves the right to award its total requirements to one Consultant or to apportion those requirements among several Consultants as the City may deem to be in its best interest. In addition, negotiations may or may not be conducted with Consultants; therefore, the proposal submitted should contain the Consultant's most favorable terms and conditions, since the selection and award may be made without discussion with any Consultant. GENERAL INFORMATION Any requests for clarification or other questions regarding this RFP shall be sent via email to Souri Amirani, Deputy City Engineer, at samirani @ santa - ana.org no later than 4:00 p.m. on November 1, 2010. Responses to questions, if applicable, shall be emailed as an addendum on or about November 8, 2010. The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. THE CITY'S AFFIRMATIVE ACTION PROGRAM It is the policy of the City of Santa Ana to ensure that minority, women, and other disadvantaged and small businesses can fairly compete for and perform on all the City of Santa Ana's contracts and subcontracts. In accordance with the City of Santa Ana's Federal financial assistance agreements with the U.S. Department of Transportation and Caltrans, the City of Santa Ana will comply with Title 49 CFR Part 26; Participation by Disadvantaged Business Enterprises in Department of Transportation Programs; as well as in accordance with the American Recovery and Reinvestment Act (ARRA). Please complete the Certification of Non - Discrimination by Consultants Form (included herein as ATTACHMENT 3), and submit as an attachment with each of your proposals. Further DBE requirements may be provided to consultants on a per project basis for applicable projects. INSURANCE REQUIREMENTS A Certificate of Liability Insurance and Additional Insured Endorsement for Commercial General Liability Policy Forms are enclosed for your reference as ATTACHMENT 4. Please refer to the Professional Consulting Services Agreement (ATTACHMENT 2) for the necessary amounts of general liability, automotive, worker's compensation and professional liability insurance. The certificate shall include the City and its officers and employees as insured or additional insured. PROFESSIONAL CONSULTING SERVICES AGREEMENT A Professional Consulting Services Agreement is enclosed for your review, as ATTACHMENT 2. The RFP and the Consultant's proposal will be attached and become part of the agreement as exhibits. Be prepared when submitting a proposal to approve the Professional Consulting Services Agreement in this Request for Proposals. COORDINATION 19H -11 Page 9 of 48 The City will decide the manner in which the coordination of individual matters is undertaken. At the City's option, coordination efforts may be performed by the Consultant's direct contact, by the Consultant acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. RIGHT TO REJECT PROPOSALS City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. All costs incurred in the preparation of the proposal, the submission of additional information and /or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any cost or obligation of any kind, which may be incurred by the respondent. All proposals submitted to City shall become property of the City. TENTATIVE SCHEDULE The City's tentative schedule for this RFP is as follows: City Release RFP October 19, 2010 Proposal Due November 11, 2010 Estimated Contract Award December 6, 2010 PROPOSAL SUBMITTAL DEADLINE Proposals are due before 5:00 p.m. on Friday November 11, 2010 to the City of Santa Ana, Public Works Department, Third Floor, Attn: Souri Amirani, Deputy City Engineer, 20 Civic Center Plaza M -36, Santa Ana, CA 92701. ADDENDA Any subsequent changes in RFP from the date of issuance to date of submittal will result in an addendum by the issuing office. PRIME CONSULTANT RESPONSIBILITIES The selected Consultant will be required to assume responsibilities for all services in his /her proposal. The selected Consultant will be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the Agreement. DELAYS The City reserves the right to delay schedule dates if it is to the advantage of the City of Santa Ana. Page 10 of 48 19H -12 PROJECT CONTROL Control of the project shall remain the total responsibility of the City of Santa Ana. RULES FOR PROPOSALS The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a detailed breakdown of the services, the project title, the tasks, the hours, and hourly rates. REGULATIONS The selected Consultant shall be expected to comply with all applicable federal, state, city regulations, and contract provisions. ATTACHMENT 1 SCOPE OF WORK Page 11 of 48 19H -13 GENERAL REQUIREMENTS — RIGHT OF WAY SERVICES Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Qualifications (RFQ). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • Real estate appraisers provided by the Consultant must be certified and a Member of the Appraisal Institute. • All acquisition agents and property managers, performing work for the City, must hold a valid California Real Estate License. Salespersons must be registered with California Department of Real Estate (DRE), as working solely under the Consultant's supervising broker of record. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub - consultants. The Consultant shall review all work performed by its sub - consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All projects related correspondences and documents should be maintained and bound in appropriate project files. • The Consultant shall diligently work on each assignment and complete each task in Page 12 of 48 19H -14 accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspections by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. Listed on the following pages are the Scope of Work for each Specialty Area. SCOPE OF WORK BY SPECIALTY AREA Page 13 of 48 19H -15 (A1) PROJECT MANAGEMENT SERVICES Project management and oversight services tasks may include: • Establishment of right of way requirements for road widening projects • Review accuracy of Right of way mapping and legal descriptions • Review Title reports and identify pertinent • Review and comment on Real estate appraisals • Review and comment on Fixtures and equipment appraisals • Review and comment on Loss of business goodwill appraisals • Review and comment on Environmental studies • Review and comment on Acquisition tasks such as offer packages • Monitor negotiations. • Review Relocation plan and monitor status of relocation and eviction efforts. • Monitor condition of City property and provide property management services • Prepare documentation for administrative settlements • Provide Condemnation support • Monitor Demolition activities • Prepare documentation for Right of way disposition • Attend meetings and present progress status reports to City staff • Manage sales activities on City owned property including: • Set -up procedure to sell surplus property • Assemblage of smaller parcels into marketable units • Market for sale properties via traditional and non - traditional methods (A2) REAL PROPERTY APPRAISAL SERVICES Consultant will provide appraisal services that include full and part take of residential property; commercial property; industrial property; easements; special use or zoned property; furniture, fixtures and equipment appraisals; review appraisals; and goodwill valuation. Appraisal Services shall be in accordance federal, state, and local regulations, policies, procedures and standards. Appraiser may perform the following tasks: • Real Estate Appraisals (full and partial takes) • Preparation of Appraisal Summary Statements to accompany City's Offer documents • Valuation of Agency's Landscape Setback requirements • Preparation of a detailed appraisal necessary for condemnation • Coordination with Fixtures and Equipment Appraisers • Coordination with Business Goodwill Appraisers • Communication with property owners • Prepare all necessary correspondence, letters and reports • Provide effective communication with engineers, planners, attorneys, and City staff Page 14 of 48 ] EMPEFe" • Comply with federal, state and local regulations • Create files and maintain all records • Provide condemnation consultations • Attend meetings /public hearings and conduct presentations • Provide expert witness testimony • Coordinate and review of Phase I and Phase II Environmental Studies (A3) FURNITURE, FIXTURES AND EQUIPMENT APPRAISAL SERVICES The Consultant shall complete work under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services will include providing: Budgetary Estimates of Fixtures and Equipment Values Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant's estimates of fixtures and equipment values will be based upon a "drive by" site inspection of the subject businesses, limited market research, and any publicly available data. In addition, the estimates take into consideration Consultant's experience in preparing fixtures and equipment appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant's results will be presented in a brief letter. Fixtures and Equipment Appraisals Consultant will provide a fully contained appraisal report, in triplicate, of the improvements pertaining to the realty and major movable equipment of each business appraised. The report will include an estimate of the fair market value in place and liquidation value of all appropriate items and will be prepared in conformance with Article 3 of the California Code of Civil Procedure, Sections 1263.205 and 1263.210. (Compensation for losses in connection with movable personal property is included in the California Code of Regulations, Title 25, Sections 6090 and 6092.) Appraisal procedures will be guided by the Uniform Standards of Professional Appraisal Practice (USPAP). In preparing each comprehensive appraisal, Consultant will: inspect the business' facility; prepare an inventory of the improvements pertaining to the realty and major movable equipment; coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation; interview the business' owner /manager regarding the business' history, operations and tangible assets owned; and utilize generally accepted valuation methodology to determine the fair market value in place and liquidation value of the appropriate items owned by the business. (A4) BUSINESS GOODWILL APPRAISAL SERVICES Page 15 of 48 19H -17 The Consultant shall complete work under the direction of City staff. The Consultant will be expected to provide experienced and knowledgeable professional staff. The Consultants shall be responsive and maintain excellent working relationships with property owners, tenants, and City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. The Consultants shall be knowledgeable and very familiar with federal, state and local regulations, policies and procedures as pertain to the right of way services provided. Consultant services will include providing: Budgetary Estimates of Goodwill Loss Budgetary estimates are used by public agencies in planning and preparing a project budget. Consultant's estimates of goodwill loss will be based upon a "drive by" site inspection of the subject businesses, limited market research, and any publicly available data. In addition, these estimates will take into consideration Consultant's experience in preparing goodwill loss appraisals of comparable businesses, as well as our knowledge of relevant statutes and case law, negotiated settlements and jury awards in eminent domain proceedings. Consultant's results will be presented in a brief letter. Goodwill Loss Acquisition Appraisals During the early stages of property acquisition, Consultant can provide preliminary estimates of goodwill loss. Acquisition appraisals are based upon data, which may be provided by the business' ownership at its discretion. Such information may include: leases; background on the business provided via owner /management interviews; historical and prospective financial data; and information about proposed relocation sites. In addition, Consultant shall perform basic transactional research in light of our understanding of the business' operations and financial condition. Consultant will also coordinate with real estate and fixtures and equipment appraisers to avoid duplication of compensation. Further, Consultant's analyses will be guided by relevant statutory and case law pertaining to compensation for loss of goodwill. The results of each acquisition appraisal study is presented in a brief report with attached schedules. Included within this document are the purpose of the assignment, the sources of information utilized, a brief description of the subject business and the valuation methods employed. Consultant will note any assumptions made in performing the analysis, as well as all information requested from the business' ownership, but not received, which, upon review by Consultant, may have an impact on the value conclusion. Real Property Appraisals • Obtain appraisals for each acquisition prepared in accordance with the State of California Laws and USPAP. • Review appraisal report and prepare an Appraisal Summary Statement. Furniture, Fixtures and Equipment Appraisals Inspect the business facility. Prepare separate inventories for the Fixtures & Immovable Equipment and Movable Personal Property. Coordinate appraisal activities with the real estate appraiser to avoid duplication of compensation Page 16 of 48 GP']_ON IN F:� • Interview the business owner regarding the history, operation and tangible assets owned. • Prepare report utilizing accepted valuation methodology to estimate the replacement cost new, fair market value in place and salvage value of the appropriate items owned by each business operation. Review Appraisals (Required For Federally Funded Projects) • Coordinate, direct and obtain review appraisals in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and Caltrans guidelines. • Examine all appraisals and corresponding reports • Seek any corrections or revisions deemed appropriate. (A5) ACQUISITION, RELOCATION, AND PROPERTY MANAGEMENT SERVICES ACQUISITION SERVIES: Assist City staff with the coordination of all the various aspects of the real property acquisition process, ensuring all work will be performed in accordance with the public agency's policies and procedures and federal, state and local regulations. Acquisition tasks may include: • Meet with City staff to discuss assignments and procedures. • Perform the services required by the City with qualified personnel, equipment, materials, supplies, and management and administration services. • All personnel and subcontractors, referred to as "Approved Personnel ", shall be approved by Agency, prior to providing services. There shall be no changes in the Approved Personnel without written concurrence of the City. • Prepare a schedule of major activities and milestones and provide an estimate of the cost to conduct proposed assignments including assignments to subcontractors. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. • Be responsible for the accuracy of work and promptly make all necessary revisions or corrections resulting from errors and omissions by Approved Personnel. • As deemed necessary by the City, meet with the City and other staff as requested. • Monitor and maintain all files to ensure overall project integrity. • Prepare and assemble the "Offer Package" using the format approved by the City. • Prepare and maintain a file for those properties assigned for acquisition by the City. • Present written purchase offers to property owners as directed by staff. • Meet on an ongoing basis with property owners or business tenants (or their appointed representatives) to coordinate and negotiate the purchase and sale transaction. • Supplement negotiations by obtaining and reviewing counter offers or demands from property owners, recommendations for settlements, coordinating with the agency to Page 17 of 48 li.J_■_ &OU, review and discuss all possible solutions and problems, including condemnation. • Prepare all acquisition agreements, deeds and other documents necessary to complete the acquisition. • In the course of acquisition process, provide all the necessary information and work with the relocation consultant in addition to the City staff member in order to expeditiously and professionally complete the project. • Obtain reconveyance and subordination agreements as necessary. • Maintain an accurate and current record of all- pertinent information and contacts concerning the property owners and tenants. • Assist City in condemnation support activities. RELOCATION SERVICES Provide a complete relocation assistance program to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title 25, California Code of Regulations, its amendments, and other pertinent laws and regulations. Prepare Relocation Plans, Relocation Guidelines, relocation cost estimates, project area surveys and other specialized reports. Consultant's relocation services include, but are not limited to the following: Relocation Plan Consultant will prepare a Relocation Plan, in accordance with all requirements of State Law, State HCD Guidelines, the Relocation Assistance and Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide the City with summary and statistical information regarding the impact of a project to potential displacees. Specifically, this report should concern the identification of potential impacts that may occur as a result of the demolition of existing structures, proposed displacement of occupants, and a plan to mitigate respective impacts. The Relocation Plan shall include: • Description of the proposed project and project location; • Assessment of needs; • Replacement housing resources; • Residential and commercial displacements; • Temporary housing (if applicable); • Program assurances and standards; • Relocation assistance program; • Citizen participation and plan review period; • Description of relocation benefits; • Eviction policies and procedures; • Appeals and grievance procedures; • Displacement schedule; • Estimated relocation costs. Page 18 of 48 G�'1._2W Residential Relocation Services shall include: • Prepare "Relocation Package" in accordance with City approved format. • Provide advisory services • Interview displaced persons • Distribute Relocation Packages in accordance with City staff directives. • Inform displaced persons of available relocation assistance, the relocation process and benefits. • Search for relocation sites and provide referrals of sites to displacees. • Prepare and distribute informational brochures and other required notices and documents. • Provide referrals and advice • Determine relocation eligibility and amount for relocation benefits. • Review entitlement packages in accordance with applicable rules and regulations. • Review requested moving entitlements. • Inspect replacement dwellings. • Thoroughly document all contacts with the displacee. • Prepare and transmit to the City all applicable invoices and relocation claim forms. • Prepare and deliver residential entitlement letters and other required documents. • Provide status reports to City staff. • Advise and update City staff on various aspects of state and federal relocation law. Business Relocation Services Consultant shall meet with owners of businesses within a reasonable time after the offer to purchase has been made and interview them to complete the Displacees Needs Questionnaire. Collect data regarding the type of business, work schedule, number of employees and the owner's proposed plans. Provide advisory assistance. • Determine potential eligibility for moving payments by reviewing eligibility criteria and case data. • Personally contact the displacees and present required forms and explain in detail the options for payment of reasonable moving expenses. • Extract from appraisal report information regarding improvements that have been acquired so as to eliminate them from consideration in determining moving expenses. • Review and approve the compilation of a certified personal property inventory. • Interview the displacee again to identify in detail displacee's needs, desires, and issues. • Summarize all interviews, contacts and contact attempts in diary for official record. • Provide assistance in locating a suitable replacement site. • Monitor the move as much as feasible to determine that all items are moved that should be moved and that no items are moved that were purchased during the acquisition of the property. • Collect supporting documents and submit payment of moving expenses. • Determine what expenses are necessary and eligible as reestablishment expenses. • Inspect the replacement property, obtain cost estimates, discuss the issues with the Page 19 of 48 19H -21 displacee, verify expenses and income and project next two years to assess whether increased operating costs will exist. • Determine eligibility for actual reasonable search expenses. • Determine eligibility for In -Lieu business payment, utilizing IRS tax returns and /or certified financial statements. • If Business Good -Will becomes an issue, an appraisal, or letter of exposure, may be required. • Arrange for a final walk- through inspection of the property. • Collect final supporting documentation, prepare final claim, prepare certification and close file. Construction and moving bid services Movers: • Conduct on site inventory and photos • Complete certified inventory and mover instruction form • Schedule and coordinate bids • Attend site inspection, if necessary • Review and compare bids Contractors: • Verify licensing • Prepare mover instruction form • Schedule and coordinate bids • Attend site inspection, if necessary • Review and compare bids • Evaluate for eligibility PROPERTY MANAGEMENT SERVICES Consultant will coordinate all of the property management tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide interim property management during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. Duties will include: • Property Management Coordination • Acting as Property Management Liaison • Utility Coordination • Invoice Services • Security Services • Lawn Care 19H -22 Page 20 of 48 • Facilitate Maintenance Services • Month -to -Month Occupancy Agreements • Collect Rent • Prepare Rental Agreements • Complete Vacancy of Unit Tasks • Disconnect Utilities • Coordinate Fencing Services • Secure Property • Eviction Coordination • Demolition Coordination (A6) ENVIRONMENTAL SERVICES Phase I Environmental Site Assessment Coordinate a Phase I study to be performed in compliance with the standard practices of the American Society for Testing and Materials (ASTM) Phase I ESA Process (Standard: E 1527- 00). Monitor to see that: reasonable attempts are made to interview the existing and former owners of the properties; a visual survey of the site and adjacent sites is made; reasonable attempts are made to contact local government officials regarding conditions in connection with the property; a review of site and area land use history is completed; and a review of site area for geology and subsurface /surface potential for pollutant transport from public sources. Review complete report to assure contents of inspections and interviews, site characteristics, record and historical review information and potential contamination issue, and conclusions and recommendations for any work required. Copies to be distributed to City file, City Attorney and Property Management consultant, if required, on the site. Phase II Environmental Site Assessment Review with City staff the Phase I ESA to determine the need for a Phase II ESA Survey. If necessary, coordinate the completion of a Phase II ESA. Upon receipt of the Phase II report, prepare recommendation to for additional environmental analysis. Distribute the Environmental Site Report and written recommendations to City staff and City Attorney's office. Demolition Asbestos & Follow Up Surveys Coordinate or assist the Property Management Consultant with the coordination and completion of asbestos and lead surveys. Coordinate distribution of these reports to applicable consultants. Perform a follow -up inspections before the beginning the demolition process. (A7) DEMOLITION SERVICES Contractor is responsible for demolishing improvements, including, but not limited to: foundations and footings, slabs, basement, detached garage and all landscaping. Contractor is also responsible for clearing the site, grading the parcel for drainage, importing and exporting fill dirt as needed, capping all sewer lines. All work is to be done in accordance with all applicable federal, state and local regulations, standards and codes governing demolition and any othertrade work done in conjunction with the demolition. Copies of all demolition permits, sewer cap inspection approval and a letter of Page 21 of 48 19H -23 completion should be submitted for City's files prior to the Contractor receiving payment. The Contractor shall supply all necessary labor, materials, services, insurance, permits, and equipment to carry out the work in accordance with all applicable federal, state, and local regulations. Additional duties will include: • Asbestos abatement • Rat and /or vermin abatement M) SURVEYING AND MAPPING SERVICES The work, in general, consists of performing digital mapping by photogrammetric methods as well as surveying for arterial streets. In addition, City may need consultant services for legal description preparation. • Provide survey services as requested. A detailed scope of work will be outlined when specific project is assigned to the consultant. Services shall include, but are not limited to, cross - sections, intersection grids, centerline determination, digital terrain models (.dtm), right of way determination, and the preparation of legal descriptions with exhibits. • Generate a computer drawing in Microstation V8 format showing survey per the attached City of Santa Ana CADD Standards as well as the sample survey drawing on the City of Santa Ana website listed below: • All survey needs to be prepared to the satisfaction of the City's Senior Surveyor and meet the following standards: • Horizontal control shall be based on the 1983 North American Datum (NAD83), tied to a minimum of two proximate County of Orange, CCS83, Zone VI, 1991.35 Epoch Adjustment control points. Project coordinate values shall be provided in U.S. Survey Feet. The County control points shall determine the Basis of Bearing for the project. • Vertical control shall be based on the North American Vertical Datum of 1988 (NAVD88), tied to a minimum of two proximate County of Orange bench marks. Project elevations shall be provided in U.S. Survey Feet. • Horizontal alignment(s) for the project shall be tied to the survey centerline monuments within the project area. • With the coordinate values, a full location and detailed description, including point character with reference(s), shall be provided for all found and set monuments for the project. For this purpose, a sketch of the control network is required. • Copies of all survey field notes and raw data files shall be provided along with a listing of the final coordinates for all surveyed points. The digital file format for the listing shall be: point number, northing, easting, elevation, description (comma delineated with no spaces, one point per line). The coordinate precision shall be one hundredth of a foot. Page 22 of 48 19H -24 o At any given time the City may need to mobilize survey crews to different project sites, the consultant shall have a minimum of three (3) survey crews for mobilization. • All City CADD standards as well as Microstation configuration files are located at: http://www.santa-ana.or-g/pwa/EngineeringServices.asp Page 23 of 48 19H -25 G •l ATTACHMENT 2 SAMPLE AGREEMENT FOR PROVISION OF PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 20 by and between , a California (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide services as set forth in Exhibit A. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by assigned Consultant personnel hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant assigned personnel shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. Page 24 of 48 19H -27 In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $ , during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing service provided in the previous month, subject to City accounting procedures. The invoice shall include the temporary employee's name, billing rate and number of hours worked. A copy of the timesheet(s) for the billing period shall be attached. 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. 5. TERM This Agreement shall commence on the date first written above and terminate on , unless terminated earlier in accordance with Section 14, below. The term may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 6. INDEPENDENT CONTRACTOR Consultant and its assigned personnel shall, during the entire term of this Agreement, be construed to be independent contractors and not employees of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant and its assigned personnel shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Page 25 of 48 G P 1 _._6';� a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify, defend and hold harmless the City, its officers, Page 26 of 48 li.J_ ■_V_�� agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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. 9. CONFIDENTIALITY If Consultant or its assigned personnel receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. 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 Page 27 of 48 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 -1988 telefacsimile (714) 647 -5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5635 To Consultant: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the Page 28 of 48 19H -31 City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. 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. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS Page 29 of 48 G •l MIL , a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 19. WORK PRODUCT All work product prepared by Consultant pursuant to this Agreement shall be the property of the City and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Consultant shall submit all work product to City in hard copy and produced in a form compatible with City's computer system, as agreed between the City and Consultant. 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 C Laura Sheedy Assistant City Attorney CITY OF SANTA ANA: DAVID N. REAM City Manager CONSULTANT (NAME) Title Tax ID# ATTACHMENT 3 CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the Firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; Page 30 of 48 GP']�IC], that it is in compliance with all federal, state and local directives and executive orders regarding non - discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. FIRM NAM I PRINTED NAME TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. ATTACHMENT 4 Page 31 of 48 19H -34 AC W. CERTIFICATE OF LIABILITY INSURANCE _ __ 01,31J2001 .Y INSURER A: INSURER D views E DOES INSURERS AFFORDING COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTTHSTANDNJG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.. AGGREGATE LIMITS SHOWN MAY HAVF BEEN RPM Ir.Fn FLY PAIn C.LANMS, NISI TYPE OF MMtINANCE POLICY NtRHBIR POLACY T111E PDL.ICY EIV'/HATION —LIMITS GENERAL LIABILITY ' x111111 T t t 01/0112001 0 V0172002 EAC!1 OCCURRENCL s 1.000,000 x COMMERCIAL GENCR LABILITY i I FlRE DAMAOE iAny ane 5m} T 5 _ 50,000 «LAIA43 AIDE X : OCCUR I NEU E%P ORa t j S 5,OOD -�. -.--- - { PERSONAL A AGY INJURY 5 1.000,000 -- GENERALAOOREGATE 2,000,000 OENT AGORECiATE LIMIT APPL0.5 PER: __L% plt0Dl19T5•COHAP'OPAGG i E -. 2,000,OOD IEM PDLICr ! Pkn I NOW i { A10TOOADWti UABILfTY i X222222222 O1ND112D61 0110112002 I X i ANY hUTO COMBINED SONOLE LIMIT I IEa AaGOentt E 1,000.000 ALL OWNED AUTOS SCHIZDJLEDAUTOS BODILY NJURY { (PCr P+rannj E HIRED AUTOS { -- ` ' NON-0NMED AUTOS 6DOI.Y SuURY (pprapp,yMt} E j PRCO ERTY DAMAGE S SEE ATTACHED ADDITIONAL 6ARACE hUTY � IIA AUTO DNLV . EA ACCIDENT :: S �YAL>rO INSURED ENDORSEMENT EA LT/IERTHAN AUTO ONLY -T ARC�� . ncal ; LIABAJTY f:ACIL OCCURRENCE E OCCUR � CLAIMS MAF-, COVERAGES DEPEND ON TYPE ' MdGRECJ TE E ! OF AGREEMENT /CONTRACT E - DE°DCTIBLE E RETENTION - TIONNq X)(X333333333 011012001 0170112002 X I wvSiAw�rr_ ° =. E.L EACH ACCIOENT __j S 1000.000 C.L USFAS6.-. EA EMPLOYEE S 1000,000 Y .HINT 1.000,000 0"" I PL444444 Wofeaannal Liahilily ! 01101!2001 01/0112002 I EaGI Gccwrence I 1.DDO.000 OESCRWMN OF OPERATKMWLOCATCNIMHIICLKSAXCLUSX *M ADDED BY iNDORSAMIEWAWWAL PROVNBO" Certificate Holder is addltlonal MAUred Per LHtlached. Project No City of Santa Ana 20 Civic Center Plaza - Ross Annex (M- Santa Ana, CA 92701 ACORD 25.3 SNOULD ANY DF THE ABOVE OESCRSM POLNOES EE CANCELLED BiFORE THE EMMRATNN/ DATE TEREW, THE ISIUM OWNER MOLL ENDEAVOR TO MAIL 30 OILYS MNVTTEN NOTICE TO THE CERT W LATE HOLM MAILED TO THE LEFT. BUT FARANIE TO DO EO SHALL, IiSPOSE NO OBLIGATION OR LLABRTTY OF ANY KO O UPON THE INSURER ITS AN]ERTS OR AUTHORIZED REPIESENTATME ADDITIONAL INSURED ENDORSEMENT 19H -35 CO ACORD CORPORATION 1 BBIH Page 32 of 48 FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insured's ( "additional insured's") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured's. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured's, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to Named Insured Countersigned by Authorized Representative G • %T� this endorsement form as a part of EXHIBIT A Page 33 of 48 Page 1 of 1 Right of Way Consulting and Related Services PART I — LIST OF KEY PERSONNEL Names Functions PART II — LIST OF SUBCONSULTANT /SUBCONTRACTORS Subcontractor Name /Address I Function EXHIBIT B Page 34 of 48 19H -37 i PI 0sfoe�, Page 1 of 2 Right of Way Consulting and Related Services PRICE SUMMARY SHEET SCHEDULE I -- HOURLY RATES Name Job Title/ Job Function Fully Burdened Classification Hourly Rate* ruiiy tsuraenea-- rates incivae all overhead, general costs, administration costs and profit. EXHIBIT B Page 35 of 48 G •1 �7• J Page 2 of 2 SCHEDULE II - - -- OTHER DIRECT COSTS TYPE OF COST UNIT OF MEASURE UNIT RATE 1. I acknowledge receipt of RFP and Addenda No. (s) 2. This offer shall remain firm for of proposal COMPANY NAME ADDRESS TELEPHONE SIGNATURE OF PERSON AUTHORIZED TO BIND CONSULTANT NAME AND TITLE DATE SIGNED days (MINIMUM OF 180) from the date DISADVANTAGED BUSINESS ENTERPRISE EXHIBIT D Page 36 of 48 REQUIREMENTS AND INSTRUCTIONS 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise" or "DBE" means a for - profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). • The term "Underutilized Disadvantaged Business Enterprise" or "UDBE" is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: • Black American • Asian - Pacific American • Native American • The term "bidder" also means "proposer" or "offerer." • The term "Agreement" also means "Contract." • The term "Agency" also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs "). The Offerer should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The Offerer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Offerer's are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF UDBE AND DBE INFORMATION "Enclosure 4a" Local Agency Proposer UDBE (Consultant Contract) Commitment' If there is a UDBE goal on the contract, a "Local Agency Proposer UDBE (Consultant Contract) Commitment" form shall be included in the Request for Proposal. In order for an Offerer to be considered responsible and responsive, the Offerer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the bidder /proposer must document adequate good faith efforts. Only UDBE participation will be counted towards the contract goal; however, all DBE participation shall be collected and reported. EXHIBIT D Page 37 of 48 19H -41 "Enclosure 4b" Local Agency Proposer DBE (Consultant Contract) Information" (Successful Offerer Only) A "Local Agency Proposer DBE (Consultant Contract) Information" form shall be included with the Request for Proposal. The purpose of the form is to collect data required under 49 CFR 26. For contracts with UDBE goals, this form collects DBE participation by DBEs owned by Hispanic American and Subcontinent Asian Americans. For contracts with no goals, this form collects information on all DBEs, including UDBEs. Even if no DBE participation will be reported, the Offerer must execute and return the form. "Enclosure 4c" Bidders List The U.S. Department of Transportation (DOT) requires the Authority to create and maintain a "Bidders List" containing information about all firms (DBE and non -DBE) that bid, propose or quote on the Authority's DOT - assisted contracts, in accordance with 49 CFR Part 26.11, for use in the Authority's overall annual DBE goal- setting process. Therefore, the Offerer shall provide the requested information for every firm who submitted a bid, proposal or quote, including the primary Offerer, whether successful or unsuccessful in their attempt to obtain a contract: a. Firm name; b. Firm address; c. Firm's status as a DBE or non -DBE; d. Age of the firm; e. Type of services provided by the firm; and f. Range of annual gross receipts for the last year. The "Bidders List" information must be submitted on Enclosure 4c and should be included with the proposal submittal; however, in the event that the referenced Exhibit is not included, the Exhibit shall be submitted to the Authority no later than 48 hours following proposal submission due date and timeline for the Offerer to be deemed responsive. Page 38 of 48 G PH EL , 4. DBE PARTICIPATION GENERAL INFORMATION EXHIBIT D It is the Offerer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's (California Department of Transportation) DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). B. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A UDBE bidder, not bidding as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The bidder is a UDBE and will meet the goal by performing work with its own forces. 2. The bidder will meet the goal through work performed by UDBE subcontractors, suppliers or trucking companies. 3. The bidder, prior to bidding, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55; that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The bidder (prime contractor) shall list only one subcontractor for each portion of work as defined in their bid /proposal and all DBE subcontractors should be listed in the bid /cost proposal list of subcontractors G. An Offerer who is a certified DBE is eligible to claim all of the work in the Agreement toward the DBE participation except that portion of the work to be performed by non -DBE subcontractors. Page 39 of 48 li%J_■_Er: 5. RESOURCES EXHIBIT D A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1- 866 - 810 -6346 for assistance. Bidder /Proposer may call (916) 440 -0539 for web or download assistance. B. Access the CUCP database from the Department of Transportation, Civil Rights, Business Enterprise Program website at: http: / /www.dot.ca.gov /hq /bep/ . -Click on the link in the left menu titled Find a Certified Firm • Click on Query Form link, located in the first sentence • Click on Certified DBE's (UCP) located on the first line in the center of the page -Click on Click To Access DBE Query Form -Searches can be performed by one or more criteria -Follow instructions on the screen "Start Search," "Requery," "Civil Rights Home," and "Caltrans Home" links are located at the bottom of the query form C. How to Obtain a List of Certified DBEs without Internet Access DBE Directory: If you do not have Internet access, Caltrans also publishes a directory of certified DBE firms extracted from the on -line database. A copy of the directory of certified DBEs may be ordered from the Caltrans Division of Procurement and Contracts /Material and Distribution Branch /Publication Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815, Telephone: (916) 445 -3520. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBEs COUNT TOWARDS DBE CREDIT, AND IF A DBE IS ALSO A UDBE, PURCHASES WILL COUNT TOWARDS THE UDBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count one hundred percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises, the materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications. B. If the materials or supplies are purchased from a DBE regular dealer, count sixty percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. Page 40 of 48 19H-44 EXHIBIT D C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be by a long -term lease agreement and not an ad hoc or Agreement -by - Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not UDBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services 7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBES WILL COUNT TOWARDS DBE CREDIT, AND IF A DBE IS A UDBE, CREDIT WILL COUNT TOWARDS THE UDBE GOAL, UNDER THE FOLLOWING CONDITIONS: A. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular Agreement, and there cannot be a contrived arrangement for the purpose of meeting the UDBE goal. B. The DBE must itself own and operate at least one fully licensed, insured and operational truck used on the Agreement. C. The DBE receives credit for the total value of the transportation services it provides on the Agreement using trucks it owns, insures, and operates using drivers it employs. D. The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Agreement Page 41 of 48 19H -45 E. The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by the DBE. F. For the purposes of this Section D, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Page 42 of 48 G P l 0 M EXHIBIT D Local Agency Proposer UDBE Commitment (Consultant Contracts) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS AGENCY: LOCATION: PROJECT DESCRIPTION: CONTRACT GOAL: $ PROPOSAL DATE: PROPOSER'S NAME: NAME OF UDBEs (Must be WORK ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED DBE Cert. No. AND EXPIRATION DATE certified on the date the proposals are opened - include UDBE address and phone PERCENTAGE AMOUNT OF EACH UDBE number For Local Agency to Complete: Local Agency Contract Number: Total Claimed Participation Federal Aid Project Number: Federal Share: Proposal Award Date: Local Agency Q $ certifies that the UDBE certification(s) has been verified and all information is complete and accurate. po Print Name Signature Date Local Agency Representative (Area Code) Telephone Number: Signature of Proposer For Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer Date (Area Code) Tel. No. Local Agency Bidder - UDBE Commitment (Rev 3/09) Page 43 of 48 19H -47 Local Agency Proposer DBE Information (Consultant Contracts) SUCCESSFUL PROPOSER ONLY PLEASE NOTE: It is the proposer's responsibility to verify that the UDBE(s) falls into one of the following groups in order to count towards the UDBE contract goal: 1) Black American; 2) Asian - Pacific American; 3) Native American; 4) Women. This information shall be submitted with your proposal. Failure to submit the required UDBE commitment will be grounds for finding the proposal nonresponsive UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: 1. Black American 2. Asian - Pacific American 3. Native American 4. Women The form requires specific information regarding the consultant contract: Agency, Location, Project Descriptions, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Proposal Date, Proposer's Name, and Contract Goal. The form has a column for the Work Item Number (or Item No's) and Description or Services to be Subcontracted to UDBEs. The UDBE should provide a certification number to the Consultant. Notify the Consultant in writing with the date of the decertification if their status should change during the course of the contract. The form has a column for the Names of certified UDBEs to perform the work (must be certified on the date proposals are received and include UDBE address and phone number). Enter the UDBE prime consultant and subconsultant certification numbers. Prime consultants shall indicate all work to be performed by UDBEs including, if the prime consultant is a UDBE, work performed by its own forces. There is a column for the total UDBE percentage. Enter the Total Claimed UDBE Participation percentage of items of work submitted with the proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the UDBE, describe exact portion of time to be performed or furnished by the UDBE.) See Notice to Bidders /Proposers Disadvantaged Business Enterprise Information to determine how to count the participation of UDBE firms. Note: If the proposer has not met the contract goal, the local agency must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. Exhibit H -1 must be signed and dated by the consultant proposing. Also list a phone number in the space provided and print the name of the person to contact. For the Successful Proposer only, local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of award. Failure to submit a completed and accurate form within the 15 -day time period may result in the de- obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. INSTRUCTIONS - LOCAL AGENCY PROPOSER- UDBE COMMITMENT ALL PROPOSERS Enclosure 4a Page 2 of 2 Page 44 of 48 iP mln'� Enclosure 4b Page 1 of 2 NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM AGENCY: LOCATION: PROJECT DESCRIPTION: TOTAL CONTRACT AMOUNT:$ PROPOSAL DATE: PROPOSER'S NAME: CONTRACT ITEM NO. DESCRIPTION OR SERVICES TO BE SUBCONTRACTED DBE Cert. No. AND EXPIRATION DATE NAME OF DBEs (Must be certified on the date bids are opened - include DBE address PERCENTAGE OF DBE and phone number For Local Agency to Complete: Local Agency Contract Number: Total Claimed Participation Federal Aid Project Number: Federal Share: Contract Award Date: Local Agency $ certifies that the DBE certification(s) has been verified and all information is complete and accurate. Print Name Signature Date Local Agency Representative Area Code) Telephone Number: Signature of Proposer For Caltrans Review: Print Name Date Signature Date Caltrans District Loc (Area Code) Tel. No. al Assistance Engineer Local Agency Bidder - DBE Commitment(Rev 3/09) Distribution: (1) Copy — Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de- obligation of funds for this project. (2) Original — Local agency files Page 45 of 48 iam. ■ e, P � INSTRUCTIONS - LOCAL AGENCY PROPOSER DBE INFORMATION SUCCESSFUL PROPOSER: The form requires specific information regarding the consultant contract: Agency, Location, Project Description, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Proposal Date, and Successful Proposer's Name. The form has a column for the Description or Services to be Subcontracted by DBEs. The DBE should provide a certification number to the prime consultant. The form has a column for the Names of DBE certified consultants to perform the work (must be certified on the date the proposal is received and include DBE address and phone number). Enter DBE prime consultant's and subconsultants' certification numbers. The prime consultant shall indicate all work to be performed by DBEs including, if the prime consultant is a DBE, work performed by its own forces. Enter the Total Claimed DBE Participation percentage of items of work in the total DBE Dollar Amount column. (If 100% of item is not to be performed by the DBE, describe the exact portion of time to be performed by the DBE.) See Notice to Proposers /Bidders Disadvantaged Business Enterprise Information to determine how to count the participation of DBE firms. Exhibit H -2 must be signed and dated by the successful proposer at contract execution. Also list a phone number in the space provided and print the name of the person to contact. For the successful proposer, local agencies should complete the Contract Award Date and Federal Share fields and verify that all information is complete and accurate before signing and sending a copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure to submit a completed and accurate form within the 15- day time period may result in the de- obligation of funds on this project. District DBE Coordinator should verify that all information is complete and accurate. Once the information has been verified, the District Local Assistance Engineer signs and dates the form. Page 46 of 48 Provide the following information for every firm (DBE and non-DBE) - �• -.project, Firm Name: -I . obtain a contract.- Phone: Firm Address: FAX: ( ) - - Type of work/services /materials provided: Number of years in business: Contact Person: Title: Is the firm currently certified as a DBE under 49 CFR Part 26? Yes .No . Check the box below for your firm's annual gross receipts last year: DBE Certification Eligibility (place an "X "): African American _Asian Pacific American _Native American _Woman _Hispanic American _Subcontinent Asian American Other Less than $1 million Less than $5 million Less than $10 million Less than $15 million More than $15 million Firm Name: Phone: " () - Firm Address: FAX: ( ) - - Number of years in business: Type of work/services /materials provided: Contact Person: Title: Is the firm currently certified as a DBE under 49 CFR Part 26? Yes .No . Check the box below for your firm's annual gross receipts last year: DBE Certification Eligibility (place an "X "): African American _Asian Pacific American _Native American _Woman _Hispanic American _Subcontinent Asian American Other Less than $1 million Less than $5 million Less than $10 million Less than $15 million More than $15 million Page 47 of 48 19H -51 BIDDERS LIST Bidder /Offerer: IFB /RFP No.: THE DEPARTMENT OF TRANSPORTATION REQUIRES THE AUTHORITY TO CREATE AND MAINTAIN A "BIDDERS LIST" CONTAINING INFORMATION ABOUT ALL FIRMS (DBE AND NON -DBE) THAT BID, PROPOSE OR QUOTE ON THE AUTHORITY'S DOT- ASSISTED CONTRACTS, IN ACCORDANCE WITH 49 CFR PART 26.11. THE "BIDDERS LIST" IS INTENDED TO BE A COUNT OF ALL FIRMS THAT ARE PARTICIPATING, OR ATTEMPTING TO PARTICIPATE, ON DOT - ASSISTED CONTRACTS, WHETHER SUCCESSFUL OR UNSUCCESSFUL IN THEIR ATTEMPT TO OBTAIN A CONTRACT. The Bidder /Offerer is to complete all requested information on Form H -3: "Bidders List" for every firm who submitted a bid, proposal or quote, including the primary Bidder /Offerer, and submit this information at the time of bid submission. However, if not elected to do so at the time of bid submission, Bidders /Offerers must submit such information at the request of the Authority within the prescribed timeline set forth in the solicitation. The AUTHORITY will utilize this information to assist in the AUTHORITY's overall annual DBE goal- setting process. Name of Prime's Firm: Phone: ( ) - Firm Address: FAX: () - Type of work/services /materials provided: Number of years in business: Contact Person: Title: Is the firm currently certified as a DBE under 49 CFR Part Check the box below for your firm's annual gross 26? No Yes. receipts last year: Less than $1 million DBE Certification Eligibility (place an "X "): African Asian Pacific American Less than $5 million American _Native _Woman Less than $10 million American _Hispanic American _Subcontinent Asian American Less than $15 million Other More than $15 million Enclosure4c Page 2 of 2 19H -52 Page 48 of 48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: APPROPRIATION ADJUSTMENT - LOAN AGREEMENT WITH IRENE M. MAYORGA FOR REHABILITATION OF 601 E. 20TH STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2 "6 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing a $900,000 CalHome Program Grant from the California Department of Housing and Community Development and appropriating the same to fund eligible single family rehabilitation loans. 2. Authorize the City Manager and Clerk of the Council to execute the attached rehabilitation loan agreement with Irene M. Mayorga for the rehabilitation of her home at 601 E. 20th Street in the amount not to exceed $135,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION We applied for and were awarded $900,000 through the California Department of Housing and Community Development's CalHome Program. Funds are to be used for single family rehabilitation loans with a term of 30 years, zero percent interest and no payments. The maximum allowable loan is $60,000. The funds must be recognized and budgeted before they can be used. The City of Santa Ana offers other single family rehabilitation loan programs that enable low - income Santa Ana homeowners to make necessary repairs to their homes. These loans are funded through a variety of sources, including the federal Community Development Block Grant (CDBG) and HOME grant programs, for which the maximum loan amount is $75,000. Homeowners are required to make all code - related repairs and to utilize the services of a licensed and insured general contractor. Non - essential, luxurious repairs are not funded, and homeowners are required to keep the home as their principle residence through the term of their loan. Depending on circumstances and the funding source, loans are amortized over twenty to thirty years; and payments are deferred for homeowners who are unable to make them. Interest rates are well below market rates. Homeowners who are low- income currently receive a 1.5 percent interest rate for HOME or CDBG funded loans. 20A -1 Irene M. Mayorga Loan Agreement October 18, 2010 Page 2 Irene Mayorga, the homeowner at 601 E. 20th Street (Exhibit 1) has applied for a rehabilitation loan. Once staff inspected the property, it became apparent that the loan would exceed our program maximum. The homeowner had previously begun construction on the home, but the contractor abandoned the job leaving a partially demolished home with faulty and incomplete repairs. The owner obtained bids from five licensed contractors. Based on the bids received, a loan amount of $135,000 is believed to be sufficient to pay for all repairs and provide for sufficient contingency to cover unanticipated repairs. The proposed loan will be funded with $60,000 in CalHome and $75,000 in CDBG funds with 1.5% interest. The homeowner has a very high credit score; however, due to their income level, loan payments will be deferred for a period of five years. At that time, staff will review the household income to determine if payments can be made. The after rehabilitation loan -to -value ratio is 87 percent which meets program guidelines. Since the loan amount exceeds program guidelines, City Council approval of the loan agreement (Exhibit 2) is required. ENVIRONMENTAL IMPACT Under the provisions of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the proposed project is exempt from further review. Categorical Exemption No. ER 2010 -126 will be filed for this project. FISCAL IMPACT Community Development Block Grant funds are available in the CDBG Single Family Rehabilitation Loans account (no. 135 - 18782 - 69152). Upon approval of the appropriation adjustment, CalHome funds will be available in the CalHome Program account (no. 14318763- 69152). Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency CJN /SLB /TG /mlr Exhibits: 1. Map 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency SANTA ANA FREEWAY 7 lialoww"'Ummilt mom 0 I I lialoww"'Ummilt 7T" $T 17TH 8T a .s._ 601 E. 20" Street EXHIBIT 1 �I 77- ti ti h A �T 7T" $T 17TH 8T a .s._ 601 E. 20" Street EXHIBIT 1 �I al . FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 When Recorded Mail to: City of Santa Ana 20 Civic Center Plaza, M -26 P.O. Box 1988 Santa Ana, California 92702 -1988 Attention: Housing Programs Coordinator REHABILITATION LOAN PROGRAM LOAN AGREEMENT OF CDBG FUNDS AND CAL HOME FUNDS CONTAINING AFFORDABLE HOUSING RESTRICTION (Owner Occupied Property — 601 E. 20TH ST., Santa Ana, CAI THIS AGREEMENT is made and entered into this 18th day of October, 2010 by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City") and IRENE M. AND UBALDO MAYORGA ( "Borrower "). RECITALS A. City is a recipient of Community Development Block Grant ( "CDBG ") funds from the United States Department of Housing and Urban Development ( "HUD ") pursuant to Tile I of the Housing and Community Development Act of 1974, as amended ( "Act ") and 24 C.F.R. 570. B. Borrower owns a single - family home located at 601 E. 20TH ST., Santa Ana, California, as more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property "). Borrower desires to rehabilitate or make improvements to the existing single family home on the Property to habitable condition and to inhabit such single - family home as Borrower's principal residence. C. City desires to loan CDBG funds to Borrower and Borrower desires to borrow such funds from City in order to fund all or part of the costs of rehabilitating the Property for use as affordable housing. D. Borrower has provided the City with Borrower's plans for rehabilitation of the Property, and an analysis of the cost of rehabilitating the Property indicates that Borrower needs to borrow CDBG funds in the amount of $75,000.00 as well as $60,000.00 in CalHome funds. E. The $60,000 CalHome Loan is subject to the terms, conditions, and restrictions of the State of California CalHome Program as set forth in Health and Safety Code section 50650 et seq. and implementing guidelines or regulations adopted by the California Department of Housing and Community Development ( "HCD' ), all of which are hereby incorporated by reference. Page 1 of 15 EXHIBIT 2 20A -5 E. Title X of the 1992 Housing and Community Development Act ( "Title X") established requirements relating to lead based paint ( "LBP ") in housing receiving federal assistance, in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental intervention blood lead levels, as required. F. On September 15, 1999, HUD adopted implementing regulations to Title X that became effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ( "LBP Regulations "), which establish specific rules regarding notification to owners and occupants about the existence of LBP hazards, identification of LBP hazards, and control of LBP hazards; and G. Residential structures built after January 1, 1978 are exempt from lead -based paint requirements as the use of lead -based paint was banned for use in residences after this date by Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be applicable if the structures involved were built after January 1, 1978. H. In connection with the loan of funds under this Agreement, City requires that Owner comply and evidence compliance with all applicable requirements of Title X and the LBP Regulations, and Owner will accept assignment from the City of all responsibilities set forth in the relevant sections of the LBP Regulations, as and when applicable. I. To protect the public interest and ensure the integrity of Federal programs, City may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension ". Borrower must review and sign Exhibit J "Debarment ", which is attached hereto and incorporated herein by this reference. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. DEFINITIONS: Unless otherwise defined, the following capitalized terms shall be defined in this Agreement as follows: "CalHome Loan" means the loan of CalHome funds to be made by City to Borrower in the principal amount of $60,000.00 in accordance with this Agreement. "CDBG Loan" means the loan of CDBG funds to be made by City to Borrower in the principal amount of $75,000.00 in accordance with this Agreement. Page 2 of 15 4IM1111161" "Deed(s) of Trust" means the two different deeds of trust securing the CDBG Loan and the CalHome Loan, in the form attached to this Agreement as Exhibit "F" and incorporated herein by reference. "Deputy City Manager of Development Services" means the City's representative for this Agreement and his/her designee. "Eligible Person or Family" means a person or family (1) with a household income that does not exceed 80% of the median income for the area, adjusted for family size, as determined by HUD, and (2) who is using the Property for occupancy as his, her, or their principal residence. "First Mortgage Loan" means the loan to Borrower from NATIONSTAR MORTGAGE in the amount of $273,000.00, or any loan obtained by Borrower to refinance the First Mortgage Loan. "HCD" means the California Department of Housing and Community Development "HUD" means the United States Department of Housing and Urban Development. "LBP" means lead based paint. "Loans" means the each of the two loans collectively. "Project" means the rehabilitation of the Property pursuant to this Agreement. "Promissory Note(s)" means the promissory notes in favor of City; one, evidencing the CDBG Loan, in the form attached to this Agreement as Exhibit "D ", and one evidencing the CalHome Loan, in the form attached to this Agreement as Exhibit "E", and incorporated herein by reference. "Property" means the real property described in the legal description attached to this Agreement as Exhibit "A" and incorporated herein by reference. "Sale" means any sale, transfer, assignment or conveyance of the Property, any portion thereof or interest therein, including, without limitation, any lease, exchange, or other disposition of any interest in the Property, whether voluntary or involuntary, except that any transfer by gift, devise or inheritance to an existing spouse, surviving joint tenant or co- owner, or a spouse as part of a dissolution proceeding or in connection with marriage, or by devise or inheritance to children shall not be considered a Sale for the purposes of this Agreement. 2. Loans. A. CDBG Loan. City agrees to lend to Borrower, and Borrower agrees to borrow from City, $75,000.00 (the "CDBG Loan "), with interest as provided in the Promissory Note, subject to the conditions and restrictions set forth in this Agreement, in the Promissory Note and in the Deed of Trust. Borrower shall execute, acknowledge and deliver to the Escrow Agent the Promissory Note, and the Deed of Trust, as a condition of the City's origination of the CDBG Loan. Page 3 of 15 20A -7 B. CalHome Loan. City agrees to lend to Borrower, and Borrower agrees to borrow from City, $60,000.00 (the "CalHome Loan "), with interest as provided in the Promissory Note, subject to the conditions and restrictions set forth in this Agreement, in the Promissory Note and in the Deed of Trust. Borrower shall execute, acknowledge and deliver to the Escrow Agent the Promissory Note, and the Deed of Trust, as a condition of the City's origination of the CalHome Loan. 3. Development of the PropgrtX. (a) Borrower agrees to complete the Project in accordance with Exhibit "B" and with plans approved by City consistent with said Exhibit "B ". (b) Borrower has submitted for City approval preliminary construction drawings, elevations, and an estimate of construction costs for the Project. City hereby approves the concept of the Project as disclosed thereby, subject to approval of final construction plans consistent therewith by City's Planning and Building Safety Agency. (c) The budget for the rehabilitation of the Property is attached hereto as Exhibit "C ". The cost of rehabilitating the Property shall be the sole responsibility of Borrower. City shall not be obligated to make loans or otherwise fund the cost of rehabilitation of the Property except as set forth in this Agreement. (d) Borrower shall begin and complete the Project within one hundred and eighty (180) days from the date of this Agreement subject to revision from time to time as mutually agreed upon in writing between Borrower and the Deputy City Manager. The Deputy City Manager will not withhold a reasonable extension of time for completion of the Project if the Borrower has shown continuous and substantial progress toward completion. (e) Before commencement of any work upon the Property, Borrower shall, at his own expense, obtain any and all permits which may be required by the City or other governmental agency affected by such work. (f) Representatives of the City shall have a reasonable right of access to the Property without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including but not limited to the inspection of the work being performed. (g) After completion of all rehabilitation specified in Exhibit `B" of this Agreement, and upon written request of Borrower, City shall inspect the Property. If all work specified in Exhibit "B" has been performed to the City's satisfaction, the City will issue, in recordable form, a Certificate of Completion. Such Certificate of Completion shall be, and shall so state conclusive determination of satisfactory completion of the Project. If the City refuses or fails to furnish a Certificate of Completion for the Project after written request from the Borrower, the City shall, within 30 days of written request, provide the Borrower with a written statement of the reasons the City refused or failed to furnish a Certificate of Completion. The statement shall also contain the City's opinion of the action the Borrower must take to obtain a Certificate of Completion. If the Page 4 of 15 City shall have failed to provide such written statement within the said 30 day period, the Borrower shall be deemed entitled to the Certificate of Completion. (h) City enters this Agreement in furtherance of the goal of neighborhood revitalization and in reliance on the Borrower's representation that he /she shares this goal and does not intend merely to speculate in land values. (i) Borrower shall not sell, transfer, convey, assign, or lease the Property, or any part thereof, without prior written approval of the City. 0) As a condition to City's obligation to fund the Loans, there shall be no liens upon the Property having priority over any deed of trust securing the Promissory Note(s) or any other note executed by Borrower in favor of the City, other than those specified in Exhibit "H ", attached hereto and incorporated herein, unless otherwise consented to in writing by the Deputy City Manager. (k) The Loans shall be made by depositing the loan proceeds into a construction escrow account established hereinbelow. Such deposits shall be made as the City receives funding from the letter of credit. Any other monies to be used to fund the rehabilitation of the Property shall also be deposited in the construction escrow account. In addition to other conditions set forth hereinabove, the funding of the Loans is conditional upon the Borrower having obtained all necessary permits for the Project. (1) If the Loans are insufficient to cover the entire estimated costs of the Project, Borrower shall deposit into the construction escrow account the amount required to make up the deficit. (m) Loan proceeds used for actual construction/rehabilitation costs shall be placed in an escrow account with AmeriNational Community Services or at such other institution as City requires. (n) The proceeds of the Loans shall be used for materials, supplies, labor and services that are an integral part of the Project. Funds shall be disbursed only for the purposes and in the amounts approved by City. In the event that, upon the issuance of a Certificate of Completion, if any portion of the proceeds of the Loans remains unexpended in the escrow account established herein, such unexpended balance shall be returned to the City and credited against the loan principal. (o) Upon written request of Borrower, the City will request disbursement of funds from the construction escrow account for fully completed work items. Such requests by the Borrower for payments for individual work items shall be made after inspection and acceptance /approval of the work by the City. Of Borrower's requisitions and invoices and satisfactory proof that the Property, Borrower and City are properly protected from liens or claims of liens for labor and materials. All funds disbursed to Borrower shall be received by Borrower in trust and Borrower agrees that the same shall be used only for the payment of those items contemplated by the particular disbursement. Page 5 of 15 (p) City shall not be required to approve disbursement of any amount which, in City's opinion, will reduce that portion of the undisbursed funds designated for the cost of completion of the rehabilitation below that amount needed to pay for the labor and materials necessary to complete the work. (q) Borrower and City shall maintain records which accurately and fully show the date, amount, purpose, and payee of all expenditures from the Loans. Each party has the right at all reasonable times to inspect the books and records of the other party as pertinent to the purposes of this Agreement. (r) It is understood and agreed that the City shall have no liability to Borrower by reason of the failure to perform or inadequate performance of any contractor retained by Borrower for work on the Project. 4. Obligation to Refrain from Discrimination Borrower herein covenants by and for him/herself, his/her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any part thereof, nor shall Borrower himself or any person claiming under or through him, establish or permit any such practice or practice of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. 5. Low and Moderate Income Housing Covenant (a) Borrower covenants and agrees for him/herself, his/her heirs, executors, administrators and assigns, and every person acquiring an interest in the Property or any part thereof, that, for a period of 15 years or as long as these Loan remain outstanding, commencing upon the recordation of the Deed(s) of Trust, the Property shall be owned and occupied exclusively by persons or families with a household income that does not exceed 80% of the median income for the area, adjusted for family size, as determined by HUD. (b) Borrower represents and warrants to City that the information relating to Borrower's household income that has been provided by Borrower to City to verify Borrower's eligibility for the Loans is true, correct and complete as of the date such information was provided to City and as of the date of this Agreement. If any such information changes prior to the close of escrow for the rehabilitation of the Property, Borrower shall promptly notify City of such change. Borrower acknowledges that City is relying upon the representations made by Borrower with respect to Borrower's household income and that City would not enter into this Agreement if Borrower's household annual income were in excess of 80% of the median income for the area, adjusted for family size, as determined from time to time by HUD. Page 6 of 15 (c) In the event of a breach or threatened breach of this Section 5, City or its successors or assigns shall be entitled to institute legal action to enforce performance of this Section and to obtain an injunction prohibiting anyone who is not an eligible person or family from occupying the Property and/or requiring Borrower to sell the Property to an eligible person or family. Notwithstanding the foregoing, it shall not be a breach of this Agreement if the income of a person or family whose household annual income was within the applicable limitation at the time such person or family first obtained the Loans subsequently increases to an amount that exceeds the applicable limitation. 6. Owner - Occupancy Requirement. (a) Borrower shall occupy the Property as his/her /their primary residence, and the Property shall be used as the principal residence of Borrower and Borrower's household. The maximum occupancy of each dwelling unit on the Property shall not exceed two persons per bedroom plus one additional person. (b) City shall have the right to monitor whether the Property is owner - occupied by requesting that Borrower provide City no more frequently than annually, with a written certification under penalty of perjury that the Property is owner - occupied, accompanied by supporting documentation reasonably satisfactory to City. (c) In the event of a breach or threatened breach of this Section 6, the City or its successors or assigns shall be entitled to institute legal action to enforce performance of this Section and to obtain an injunction prohibiting anyone who is not an eligible person or family from occupying the Property and /or requiring Borrower to sell the Property to an eligible person or family. Notwithstanding the foregoing, it shall not be a breach of this Agreement if the income of a person or family whose household annual income was within the applicable limitation at the time such person or family first obtained the Loans subsequently increases to an amount that exceeds the applicable limitation. 7. Notice of Sale: Assumption of CDBG Loan (ONLY) (a) Within 5 days following entering into any agreement for the Sale of the Property (or, in the event of an involuntary transaction constituting a Sale of the Property, within 5 days after such involuntary transaction), Borrower shall notify the City in writing of (i) the nature of the Sale or other transaction, (ii) when such Sale or other transaction occurred or is expected to occur, (iii) the name of the person or persons to whom the Property was or is intended to be transferred (the "Buyer ") and the nature of any relationship between Borrower and Buyer, and (iv) whether the Buyer desires to assume the CDBG Loan. (b) The City shall request such additional information from Borrower and Buyer as the City deems necessary under the circumstances. Such additional information may include: (i) a copy of any agreement for the Sale of the Property; (ii) a written certification in a form that is reasonably acceptable to the City, and signed by Borrower and Buyer under penalty of perjury, stating that Borrower and Buyer have not paid, have no agreement to pay and will not pay, to the other party or to any other person, any money or other consideration in addition to the consideration described in Page 7 of 15 20A -11 the agreement for the Sale of the Property; (iii) any loan application submitted by Buyer for a new First Mortgage Loan; and(iv) any other information about Buyer's financial condition reasonably required by the City in order to determine whether Buyer is an Eligible Person or Family, and, if Buyer desires to assume the CDBG Loan, to determine whether Buyer is qualified to do so. In determining whether Buyer is an Eligible Person or Family and/or whether Buyer is qualified to assume the CDBG Loan, the City shall apply the income and other qualification requirements applicable at the time that determination is made. (c) If the City concludes that Buyer is an Eligible Person or Family, the City shall execute and acknowledge a Consent to Resale in a recordable form satisfactory to the City. The Consent to Resale shall be recorded in the Official Records of the Recorder of the County of Orange, State of California, immediately prior to the recordation of the grant deed or other instrument effecting such Sale. (d) If the City consents to the Sale of the Property and the Buyer does not assume the CDBG Loan, the City shall have the right to require the Buyer to execute a non - monetary deed of trust securing Buyer's compliance with the Covenants. (e) In the event of a breach or threatened breach of this Section 7, the City, or their successors or assigns shall be entitled to institute legal action to enforce performance of this Section and to obtain an injunction prohibiting the Sale of the Property and/or requiring retransfer of the Property back to Borrower and/or requiring Borrower to sell the Property to an Eligible Person or Family. (f) Not later than 20 days prior to the closing of escrow on a sale of the Property, Borrower shall permit the City to inspect the Property. Following such inspection, if the City determines that the Property is not in compliance with Section, the City shall deliver to Borrower a list of repairs that are required to be made to the Property to comply with Section. At his, her or their sole cost and expense, Borrower shall complete such repairs, or provide for such repairs to be completed, to the reasonable satisfaction of the City prior to the sale. With the consent of the City, Borrower may provide for such repairs to be paid out of the proceeds of sale payable to Borrower. (g) The CalHome Loan is NOT assumable. 8. Maintenance of Property. Borrower shall maintain the interior and exterior of the improvements and the landscaping on the Property in a manner consistent with community standards which will uphold the value of the Property, in accordance with this Agreement and federal, state and local regulations. (a) Exterior Maintenance. All exterior surfaces of any structures located on the Property shall be maintained at all times in a clean and presentable manner. (b) Graffiti Removal. All graffiti, and defacement of any type, including marks, words and pictures, must be removed from the Property and any necessary painting or repair completed within a reasonable time, but in no event more than one week after notice to Borrower from the City. Page 8of15 41y (c) Landscaping. All landscaping surrounding the Property shall be maintained in a manner consistent with standards of the Santa Ana Municipal Code and any rules, regulations and standards adopted pursuant thereto. In addition, for example, the yard areas shall not contain the following: (i) lawns with grasses in excess of 9 inches in height; (ii) trees, shrubbery, lawns or other plant life which are dying from a lack of water or other necessary maintenance; (iii) trees and shrubbery grown uncontrolled without proper pruning; (iv) vegetation so overgrown as to be likely to harbor rats or vermin; (v) dead, decayed or diseased trees, weeds and other vegetation; and (vi) inoperative irrigation systems. (d) Maintenance by Borrower. Borrower shall, at his, her or their sole cost and expense, maintain and repair the Property and the improvements thereon, keeping the same in good condition and making all repairs as may be required by this Agreement and applicable State and City rules and regulations. (e) Damage and Destruction Affecting Property Duty to Rebuild. If all, or any portion of the Property and the improvements thereon is damaged or destroyed by fire or other casualty, it shall be the duty of Borrower to rebuild, repair or reconstruct the Property in a timely manner to restore it to comply with any applicable City rules or regulations. (f) Variance in Exterior Appearance and Design. If the Property is damaged or destroyed by casualty, Borrower may not, without the prior written consent of the City, reconstruct, rebuild or repair the Property in a manner which will provide the same or different exterior appearance and lot design from that which existed prior to the date of the casualty. (g) Time Limitation. In the event of damage or destruction due to casualty, Borrower shall be obligated to proceed with all due diligence to commence reconstruction within two months after the damage occurs and to complete reconstruction within a reasonable time after damage occurs, unless prevented by causes beyond the reasonable control of Borrower. 9. Defaults. Failure or delay by either party to perform any term or provision of this Agreement, the Promissory Note(s), the Deed(s) of Trust or the Covenants which are to be performed by such party constitutes a default under this Agreement. Any default by Borrower on any lien listed on Exhibit "H" to this Agreement is a default under this Agreement. The other party (the "Complaining Party ") shall give written notice of default to the party in default, specifying in reasonable detail the matter constituting the default. The party in default shall have 30 days following receipt of notice to cure the default. Except as required to protect against further damages, the Complaining Party shall not institute proceedings against the party in default unless the matter is not cured within such 30 day period, or, if the default is of a nature requiring more than 30 days to cure, the party in default commences to cure the matter within such 30 day period and diligently pursues such cure to completion within a reasonable time, but in no event more than 90 days after notice of default. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Failure to cure the default within the applicable cure period shall entitle the Complaining Party to terminate this Agreement and/or exercise any remedies available to such party, including, without limitation, foreclosure on the Deed(s) of Trust. Page 9 of 15 10. Acceleration. The outstanding principal balance of the Loans and all accrued and unpaid interest shall become immediately due and payable upon the occurrence of any one of the following events while any portion of the principal of the Loans remain unpaid: (a) Any sale of the Property, unless such sale has been approved by the City pursuant to Section 6 of this Agreement; (b) Borrower no longer occupies the Property as his, her or their principal residence; (c) The City discovers that Borrower knowingly made a misstatement or misrepresentation pertaining to Borrower's household income or intention to occupy the Property as his, her or their principal residence; (d) An uncured default in performance or breach by Borrower of any provision of this Agreement, the Promissory Note(s), or the Deed(s) of Trust. (e) An uncured default by Borrower on the promissory note evidencing or deed of trust securing the First Mortgage Loan or any other lien listed on Exhibit "H" to this Agreement. City may, in its sole and absolute discretion, waive the requirements of this Section and/or defer repayment and/or extend the term of the Loans. Any such waiver, deferment or extension shall be in writing and signed by City. In the event of acceleration due to an uncured default by Borrower on any lien listed on Exhibit "H" of this Agreement, the City shall have the right to purchase the Property subject to prior liens. In the event that the City exercises such right, Borrower shall indemnify the City from and against any and all liability for the payment of any real estate brokerage commissions due and payable in connection with the City's purchase of the Property. 11. Inspection of Books and Records City has the right at all reasonable times to inspect the books and records of Borrower pertaining to the Property as pertinent to the purposes of this Agreement. 12. Limitation of Funds. The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated; likewise, the State of California, through HCD may in the future place programmatic or fiscal limitations on the use of CalHome funds which limitations are not presently anticipated. Accordingly, City reserves the right to revise this Agreement in order to take account of actions affecting HUD and/or HCD program funding. In the event of funding reduction, City may, in its sole and absolute discretion, reduce the budget of the Project as a whole or as to a cost category, may limit Borrower's authority to commit and spend funds, or may restrict Borrower's use of both its uncommitted and unspent funds. Where HUD and/or HCD has directed or requested City to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, the Deputy City Manager is authorized to act for City in implementing and effecting such a reduction and in revising, modifying or amending the Agreement for such purposes. Where Page 10 of 15 20A -14 City has reasonable grounds to question Borrower's fiscal accountability, financial soundness or compliance with this Agreement, City may suspend the operation of this Agreement for up to 60 days upon 5 days' written notice to Borrower of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by City affect expenditures and legally binding commitments made by Borrower before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with cash withdrawal guidelines. 13. Loan Servicing. City may contract with a private lender to originate and service the Loans. 14. Indemnification. Borrower shall indemnify, defend and hold harmless the City and its officers, agents, employees, legal counsel, representatives and volunteers, from and against any loss, liability, claim or judgment relating in any manner to the Property or this Agreement, including, but not limited, to any mechanic's lien or materialmen's lien against the property. 15. Taxes. Borrower shall remain fully obligated for the payment of taxes, liens and assessments relating to the Property. There shall be no reduction in taxes for Borrower, nor any transfer of responsibility to City to make such payments, by virtue of the Loans. 16. Insurance. Borrower shall maintain, during the term of the Loans, an all -risk property insurance policy insuring the Property in an amount equal to the full replacement value of the structures on the Property. The policy shall name City as loss payee and shall contain a statement of obligation on behalf of the insurance carrier to notify City of any material change, cancellation or termination of coverage at least 30 days in advance of the effective date of such material change, cancellation or termination. Borrower shall deliver a copy of the certificate of insurance and loss payee endorsement to City at the close of escrow of this loan, and Borrower shall annually deliver a copy of the certificate of insurance and loss payee endorsement to City, signed by an authorized agent of the insurance carrier and setting forth the general provisions of coverage. The copy of the certificate of insurance and loss payee endorsement shall be delivered to City as follows: The City of Santa Ana 20 Civic Center Plaza, M -37 P.O. Box 1988 Santa Ana, California 92702 -1988 Attention: Housing Programs Coordinator Any certificate of insurance required by this Section must be in a form, content and with an insurance company that is acceptable to City in its sole discretion. 17. Non - Waiver. Failure to exercise or delay in exercising any right City may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default. 18. Documents. Borrower has reviewed and, if appropriate, agrees to execute and acknowledge the following documents in substantially the form as attached to this Agreement prior Page 11 of 15 20A -15 to receiving the Loans, and any other documents or instruments reasonably required by City or a participating entity to complete the transaction contemplated herein: (a) Legal Description (Exhibit "A "); (b) Rehabilitation Plans (Exhibit "B "); (c) Rehabilitation Budget (Exhibit "C "); (d) CDBG Promissory Note (Exhibit "D "); (e) CalHome Promissory Note (Exhibit "E "); (f) CDBG Deed of Trust (Exhibit "F "); (g) CalHome Deed of Trust (Exhibit "G "); (h) Lien List (Exhibit "H ") (i) Disclosure Statement (Exhibit "I)); and, 0) Debarment Certificate (Appendix B to Part 24) (Exhibit "J ") Borrower agrees and acknowledges that the Deeds of Trust and this Agreement shall be recorded against the Property with the County Recorder of the County of Orange and shall appear of record with respect to and as an encumbrance against the Property. 19. Further Assurances. Borrower shall execute any further documents consistent with the terms of this Agreement, including documents in recordable form, as City may from time to time find necessary or appropriate to effectuate its purposes in entering into this Agreement and making these Loans. 20. Governing Laws, This Agreement shall be governed by the Federal laws as well as the laws of the State of California, with venue in Orange County, California. 21. Severability. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict will not affect other provisions of this Agreement which can be given effect without; the conflicting provision, and to this end the provisions of the Agreement are declared to be severable. 22. Amendment of A eement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by Borrower and the Deputy City Manager. 23. Assignment by City Permitted. City may, in its sole and absolute discretion, assign its rights under this Agreement and/or its right to receive repayment of the Loans without obtaining the consent of Borrower. 24. Assignment by Borrower Prohibited. In no event shall Borrower assign or transfer any portion of this Agreement or any rights herein without the prior express written consent of City, which consent City may give or withhold in its sole and absolute discretion. This provision shall not affect or diminish City's right to assign all or any portion of its rights under this Agreement or to the proceeds of the Loans hereunder. Page 12 of 15 41MIM1 25. Relationship of Borrower and City. The relationship of Borrower and City pursuant to this Agreement is that of debtor and creditor and shall not be, or be construed to be, a joint venture, equity venture, partnership or other relationship. Borrower acknowledges that City has no relationship, contractual or otherwise, with any general contractor, subcontractor, tradesman, laborer, or any other person, who shall perform any work on the Property or supply any materials used in connection with any rehabilitation or repair of the Property. 26. Notices. Except as otherwise expressly provided in this Agreement, in every case when, under the provisions of this Agreement, it shall be necessary or desirable for one party to serve any notice, request, demand, report or other communication on another party, the same shall be in writing and shall not be effective for any purpose unless served (i) personally, (ii) by independent, reputable, overnight commercial courier, or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested, addressed as follows: To Borrower: IRENE M. MAYORGA UBALDO MAYORGA 601 E. 20TH ST. SANTA ANA, CA 92706 To City: The City of Santa Ana 20 Civic Center Plaza, M -26 P.O. Box 1988 Santa Ana, California 92702 -1988 Attention: Housing Programs Coordinator 27. Attorneys' Fees and Costs. In the event that any action is instituted to enforce payment or performance under this Agreement, or otherwise in connection with this Agreement, the parties agree that the prevailing party shall be reimbursed by the other party for all costs and all attorneys' fees incurred by the prevailing party in such action. 28. Entire Agreement. This Agreement, together with all attachments hereto and all documents executed pursuant hereto, constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all prior negotiations, discussions and previous agreements between City and Borrower concerning all or any part of the subject matter of this Agreement. 29. Conflict of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in the Agreement nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. Borrower warrants that he /she has not paid or given and will not pay or give any third person any money or other consideration for obtaining this Agreement. 30. Captions. The captions and headings in this Agreement are for convenience only and are not to be used to interpret or define the provisions hereof. Page 13 of 15 20A -17 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above. CITY OF SANTA ANA Cynthia J. Nelson Deputy City Manager of Development Services APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney an Lisa E. Storck Assistant City Attorney Page 14 of 15 BORROWER: IRENE M. MAYORGA BORROWER: UBALDO MAYORGA LIST OF EXHIBITS Exhibit A - Legal Description of Property Exhibit B - Rehabilitation Plans Exhibit C - Rehabilitation Budget Exhibit D - CDBG Promissory Note Exhibit E - CalHome Promissory Note Exhibit F - CDBG Deed of Trust Exhibit G - CalHome Deed of Trust Exhibit H - Lien List Exhibit I - Disclosure Statement Exhibit J - Appendix B to Part 24 — Cert. Regarding Debarment Page 15 of 15 41 U ��l_b L 1� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: CONTRACT AWARD TO ACADEMY ELECTRIC, INC. FOR REPLACEMENT OF VARIABLE FREQUENCY DRIVE (SPEC. NO. 10 -038) 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 Award a contract to Academy Electric, Inc. for replacement of a variable frequency drive in an amount not to exceed $40,000. DISCUSSION The Public Works Agency's Water Resources Division uses a variable frequency drive (VFD) to regulate the pressure of water pumped from the City's wells. The variable frequency drive at Well No. 31 failed and its internal switching controls were burned beyond repair. A new replacement drive is required. Well 31 is a critical well that supplies water and maintains water system pressure in the east side of the City's distribution system. The drive is needed to maintain the water system pressure and to increase the waters systems capacity to absorb pressure surges. Replacing Well 31 VFD is needed as soon as possible to prevent water pressure surges and to better regulate the water distribution system pressure. Without the VFD regulating system pressure, hydraulic pressure waves could occur and cause large water main breaks that disrupt water service and damage City infrastructure. Per Sec. 2- 807 of the Santa Ana Municipal Code, procurements of urgent necessity for the preservation of life, health, or property may be authorized without observing bidding requirements. The Water Resources Division requests authorization to initiate the necessary repairs. 22A -1 FISCAL IMPACT Funds are available in the Water Utility Production & Supply account (account no. 06017640- 62300). - KV A � q 71--, Raul odinez II Executive Direc Public Works Agency X9 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency� 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: CONTRACT RENEWAL WITH PROFORCE LAW ENFORCEMENT FOR GLOCK FIREARMS, TASERS, AND ACCESSORIES (SPEC. NO 10 -042) 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 Renew the contract with Proforce Law Enforcement for the purchase of Glock firearms, X26 tasers, and accessories for a one year period in an annual amount not to exceed $85,000. DISCUSSION The Santa Ana Police Department utilizes Glock- manufactured firearms as standard issue side arms. The Glock firearms allow for standardization in training and ammunition magazine interchangeability between officers. Additionally, the police department purchases X26 tasers and taser cartridges for use by officers. On May 5, 2008, the City Council awarded a contract to Proforce Law Enforcement for a two -year period with provision for three one -year renewals. The vendor has performed satisfactorily during the contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the first renewal option of the contract. FISCAL IMPACT Funds are available in the Police Property and Facilities account (no. 01114450- 63001). ��L-L Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: a Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency ,�— 22B -1 G I REQUEST FOR COUNCIL ACTION " ' '' CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: REJECTION OF BIDS FOR LOCAL STREET SLURRY SEAL CITYWIDE 2010 (PROJECT NO. 106732) f 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 Reject all bids for the Local Street Slurry Seal Citywide 201 O project. DISCUSSION The Public Works Agency maintains the pavement management system that contains street pavement condition data inventory. Based on this system, certain streets have been identified for maintenance to prevent further deterioration and extend their service life (Exhibit 1). A slurry seal is applied to the streets to provide a highly durable surface and low -cost maintenance. The Notice Inviting Bids was advertised on July 12 and 14, 2010, and bids were opened on August13, 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: 17 Bids received: 6 Bids received from Santa Ana Contractors: O NAME OF RESPONSIVE BIDDER CITY Bid Alternate A Bid Alternate B 1. American Asphalt South, Inc. Fontana $845,030 NO BID 2. Doug Martin Contracting Co., Inc. La Habra $891,200 NO BID 3. Roy Allen Slurry Seal, Inc. Santa Fe Springs $908,820 NO BID 4. Pavement Coatings Co. Mira Loma NO BID $1,283,940 5. Elite Bobcat Service, Inc. Corona NO BID $1,396,700 6. All American Asphalt Corona NO BID $1,431,112 23A -1 Rejection of Bids For Local Street Slurry Seal 2010 October 18, 201 O Page 2 A total of six bids were received. The lowest bid was submitted by American Asphalt South (AAS) for $845,030, which is above the Engineer's estimate of $693,540. In its bid, AAS indicated that it would use an alternate slurry seal material in lieu of the specified material. The material submitted by AAS was not accepted by City staff. As provided in the specifications, the low bidder requested a hearing with the Executive Director of the Public Works Agency to appeal this decision. A hearing was subsequently held by the Executive Director of the Public Works Agency with all the bidders to review the alternate material proposed by AAS. With the delay caused by the hearing process and the investigation, construction of the project probably would not start until late November or early December, 2010. During that time the temperature will be low and frequent rains may occur during which slurry seal cannot be placed. Based on the above, staff recommends that all bids be rejected and the project will be readvertised early next year. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez II Executive Director Public Works Agency RG/WA Exhibit 1: Project Location Map 23A -2 i 5 f iii �.��, � � � t 7 a � � �� � ' .r ft�f�� v — °��d — Y �j � W i.�� ly t I� t/ , d � "'d rx..f P�.T��Y.����'1 l J, x �� r,� � �p ?� f������ � � �_- tai_- �3�€�t�._� ` � '� ;;�Ir.s( it Iy`�I.)Ilizzbl,'- 'a�3'a Jf,/ � J ._ a �A~� '� � z i ¢ � }} ��� �"Y � v�yy� t S � � r tl. -y uz�t1�^C��J ti -1 It ��t I I � Y i J .wg@'ryry pS (1 C _, q . 1 + (�l!'�I A��� r i � 9� � � �.lL �� � )� I i x k ! A- l i^ .�ggi a .—��y� I a II }} Z � y r � I � �. � { Ai i — 4 n I� d v FI i �♦� - SLURRY SEAL STREETS v — °��d — Y �j � W i.�� ly t I� t/ , d � "'d rx..f P�.T��Y.����'1 l J, x �� r,� � �p ?� f������ � � �_- tai_- �3�€�t�._� ` � '� ;;�Ir.s( it Iy`�I.)Ilizzbl,'- 'a�3'a Jf,/ � J ._ a �A~� '� EXHIBIT 1 SANTA ANA Pf�1 AGENDAOUNC I L Titles VV H REJECTION OF BIDS FOR LOCAL STREET DATE: SLURRY SEAL CITYWIDE 2010 ��+� OCT. 18, 2010 ��— �� '� % �� J `^` J: j: �` °' �. ,� �- �� / S� J /fir �.� ti ���I ��. � � l ��._� � � � .. �.__ _ 1 r � � � � �� _ _ ,- EXHIBIT 1 SANTA ANA Pf�1 AGENDAOUNC I L Titles VV H REJECTION OF BIDS FOR LOCAL STREET DATE: SLURRY SEAL CITYWIDE 2010 ��+� OCT. 18, 2010 ��— �� '� % �� J `^` J: j: �` °' �. ,� �- �� / S� J /fir 23A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: AMENDMENT TO AGREEMENT WITH DIXIE DIESEL AND ELECTRIC INC. FOR GENERATOR PREVENTIVE MAINTENANCE AND REPAIRS 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 Clerk of the Council to execute the attached first amendment to the agreement with Dixie Diesel and Electric Inc., subject to non - substantive changes approved by the City Manager and City Attorney, to provide generator maintenance and repairs in an amount not to exceed $40,000. DISCUSSION The Building Maintenance Division of the Finance and Management Services Agency maintains approximately 50 buildings and is tasked with ensuring that power will be available for essential operations during an emergency. A critical component of the emergency operation plan are 17 diesel and gas powered backup generators, strategically located at City Hall, the Corporation Yard, the Police Administration Building, the Regional Transportation Center, and ten fire stations. To ensure proper operation, the generators require inspection and service semi - annually by factory- trained technicians. On October 6, 2008, City Council awarded an agreement to Dixie Diesel and Electric Inc. for a two -year term with provision for three one -year renewals. The vendor has performed all contractual services satisfactorily and has agreed to renew for an additional year without an increase in prices. 25A -1 Amendment to Generator Agreement October 18, 2010 Page 2 FISCAL IMPACT Funds are available in the Finance Agency Building Maintenance account (Account no. 07310100 62300) 'A �a ,C , Francisco Gutierrez Executive Director Finance & Management Services Agency ME 25A -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on October 18, 2010, by and between DIXIE DIESEL & ELECTRIC, INC., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement #A2008 -277, dated October 6, 2008, (hereinafter "said Agreement ") by which Contractor has provided generator maintenance and repair in City facilities. B. In accordance with the terms and conditions of said Agreement, the City desires to exercise its option to renew the Agreement for the first additional one -year term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 1, Scope of Service, shall be amended to read, in full, as follows: "Contractor shall perform maintenance and repair services for City's emergency power generators, as set forth in City's Request for Proposals dated June 16, 2008, attached hereto and incorporated by reference." 2. Section 2.a., Compensation, shall be amended to allocate $40,000 to pay for required services during the one year renewal period, from October 1, 2010 through September 30, 2011. City agrees to pay and Contractor agrees to accept, as full payment for its services, the original rates and charges identified in Contractor's Fee Schedule, attached hereto. Contractor is not imposing a fee increase during the one -year renewal period. 3. The City hereby exercises its option to renew said Agreement for a one year term, through September 30, 2011. At the end of the one -year renewal, the City may renew for up to two additional one -year terms at the pricing set forth in the Fee Schedule. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25A -3 IN WITNESS WHEREOF, the parties hereto have executed this Second 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 Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager DIXIE DIESEL & ELECTRIC, INC. (NAME) (Title) 25A-4 Specifications for Emergency Generators Preventive Maintenance REQUEST FOR PROPOSALS I -'l .,, Loo ORANGE COUNTY SEAT OF GOVERNMENT T�E Got DEN CITww EOUN DED 1069 TO PROVIDE EMERGENCY GENERATOR PREVENTIVE MAINTENANCE FOR THE CITY OF SANTA ANA Issue Date: June 16, 2008 Proposal Due Date: July 24, 2008 I of26 KEY RFP DATES MARIO GHIZZI Superintendent, Building Maintenance 25A -5 Specifications for Emergency Generators Preventive Maintenance 5.5 COST OF PARTS/EQUIPMENT /LUBRICANTS /FLUIDS All parts, equipment, lubricants, fluids required to perform the annual and semi - annual preventive maintenance shall be included in the price proposal. Any additional part equipment/lubricant/fluid over and above the amount quoted herein and not of this proposal shall be quoted as needed. 5.6 BATTERY REPLACEMENT Building Maintenance is responsible for the replacement of malfunctioning starting batteries. 5.7 COST OF REPAIRS Any repair required during the annual and semi - annual inspection over and above the regular preventive maintenance shall be submitted to Building Maintenance in writing for approval. 5.8 EMERGENCY CALL -OUTS In case of an emergency, the vendor shall respond within one hour to provide emergency repair to the equipment listed in the proposal. 5.9 FACTORY TRAINING The vendor supplying the services listed in this request for proposal shall have a minimum of four (4) technicians factory trained in the repairs and maintenance of Caterpillar, Kohler, MQ Power, and other generators listed in this request for proposal. 5.10 VENDOR QUALIFICATION The vendor supplying the services listed in this request for proposal shall be factory authorized by one of the following companies; Caterpillar, Kohler. The vendor shall have been in business a minimum of five (5) years. 5.11 WARRANTIES The vendor shall provide one year warranty for any service and repair provided. 5.12 LICENSES The vendor shall possess required licenses and permit to operate in the state of California to repair, maintain, and service emergency generators. This includes any other applicable licenses. 5.13 PENALTIES FOR SUBSTANDARD WORK The owner reserves the right to dispute and seek reimbursement payment for substandard work provided by the vendor. 4 of 26 SL III Specifications for Emergency Generators Preventive Maintenance 5.14 EMERGENCY CALL OUT COST The vendor shall be able to provide emergency service 24/7 to any of the locations described herein within 90 minutes of the call. 5.15 SCHEDULING OF SERVICE The vendor shall schedule the annual service with the Building Maintenance Superintendent during the first two weeks of June and the semi - annual service during the first two weeks of December. 5 of 26 25A -7 Specifications for Emergency Generators Preventive Maintenance APPENDIX A ANNUAL MAINTENANCE FOR DRIVING CENTRIFIGUAL PUMP SCHEDULED OIL SAMPLING 1. Complete chemical analysis of the oil. ENGINE OIL AND FILTERS 1. Drain/replace oil in crankcase 2. Replace oil filters and inspect used filters for foreign matter. FUEL SYSTEM 1, Drain water and sediment from tank, 2. Change fuel filters. 3. Test fuel for water content and algae formation. 4. Inspect all fuel lines. COOLING SYSTEM 1. Complete chemical analysis of coolant. 2. Replace thermostat(s). 3. Refill cooling system with coolant and conditioner. 4. Clean cooling system radiator of dirt and debris. 5. Drain, clean and flush cooling system. 6. Inspect and clean radiators. EXHAUST SYSTEM 1. Check for leaks 2. Inspect and clean any build tip. ENGINE 1. Perform complete engine adjustment and timing test. 2. Load test engine (minimum 30% power) and check all gauges for proper readings. 3. Check/adjust valve lash, injector timing, and rotators. 4. Adjust valve bridge when adjusting valve. 5. Replace zinc rods in the engine's raw water cooling system. 6. Clean crankcase breather. 7. Check engine protective devices. 8. Check engine mount for proper torque. BELTS AND HOSES Eoor26 Specifications for Emergency Generators Preventive Maintenance 1. Inspect/replace worn accessory drive and alternator belts. 2. Replace cracked, leaking, or soft hoses, tighten loose clamps. FAN DRIVE 1. Lubricate bearings. 2. Lubricate belt tightener, grease fittings. AIR SYSTEM 1. Replace element. 2. Check hoses and ducting for leaks. BATTERIES 1. Tighten battery retainers. 2. Check electrolyte levels, add distilled water as needed. 3. Clean battery's exterior and terminals. 4. Check battery charger for proper charge rate. CENTRIFUGAL FIRE PUMP 1. Test pump under pressure with motor running. 2. Check all safety interlocks. 3. Check bearings. 4. Check seals. TRANSFER SYSTEM FOR ALL GENERATORS 1. Test with approval of Building Maintenance Superintendent that electrical transfer switches are working properly. (PMA's required) 2. Transfer load from Edison to emergency generator. I I orz6 Specifications for Emergency Generators Preventive Maintenance DRIVING CENTRIFUGAL FIRE PUMP H00021 DIESEL ENGINE City 1D #: H00021 Location: Police Holding Facility, Room # 11-1212.1 Specification: Diesel ENGINE FOR FIRE PUMP Manufacturer: Caterpillar Model: 3208 Serial #: 03Z 14449 Horsepower: 270 Q. 201.Okw RPM: 2800 AR Number: 4W -0860 Perf Spec: OT4694 Engine Filter: Oil -- Fram (PH3545) Fuel — Fram (P -1104) Air — Cat# 8N -5006 DIESEL ENGINE FIRE PUMP CONTROLLER Specification: Electronic fire pump controller Manufacturer: Metron Model: FD2 -AJKR Serial #: FD- 9560001 -01 Volts: 120VAC Hertz: 50/60 24VDC 12 of 26 25A -10 Specifications for Emergency Generators Preventive Maintenance APPENDIX B LOCATION: Santa Ana Corporate Yard EQUIPMENT: Kohler 400 -KW Standby Emergency Generator (Detroit Diesel) model# 400ROZD, s/n 322903. ANNUAL MAINTENANCE FOR KOHLER 400KW STANDBY EMERGENCY GENERATOR SET SCHEDULED OIL SAMPLING 1. Complete chemical analysis of oil. ENGINE OIL AND FILTERS 1. Drain/replace oil in crankcase. 2. Replace oil filters and inspect used filters for foreign matter. FUEL SYSTEM 1. Drain water and sediment from tank. 2. Change fuel filters. 3. Test fuel for water content and algae formation. 4. Inspect all fuel lines. COOLING SYSTEM I. Complete chemical analysis of coolant. 2. Replace thermostat(s). 3. Refill cooling system with coolant and conditioner. 4. Clean cooling system radiator of dirt and debris. 5. Drain, clean and flush cooling system. 6. Inspect and clean radiators. EXHAUST SYSTEM 1. Check for leaks 2. Inspect and clean any build up. ENGINE 1. Perform complete engine adjustment and timing test. 2. Load test engine (minimum 30% power) and check all gauges for proper readings. 3. Check/adjust valve lash, injector timing, and rotators. 4. Adjust valve bridge when adjusting valve. 5. Replace zinc rods in the engine's raw water cooling system. 6. Clean crankcase breather. 13 of26 25A -11 Specifications for Emergency Generators Preventive Maintenance 7. Check engine protective devices. 8. Check engine mount for proper torque. BELTS AND HOSES 1. Inspect/replace worn accessory drive and alternator belts. 2. Replace cracked, leaking, or soft hoses, tighten loose clamps. FAN DRIVE 1. Lubricate bearings. 2. Lubricate belt tightener, grease fittings. AIR SYSTEM 1. Replace element. 2. Check hoses and ducting for leaks. BATTERIES 1. Tighten battery retainers. 2. Check electrolyte levels, add distilled water as needed. 3. Clean battery's exterior and terminals. 4. Check battery charger for proper charge rate. GENERATOR I. Check generator main stator windings. 2. Clean exterior of generator unit and the voltage regulator. 3. Lubricate generator front and rear bearings. 4. Check main stator winding temperature (if equipped). 5. Check bearing bracket temperature (if equipped). 6. Complete insulation test (megger). 7. Lube bearings. 8. Clean intake screens. 9. Complete a two -hour load test based upon Kohler mandated parameters for this unit. TRANSFER SYSTEM FOR ALL GENERATORS 1. Test with approval of Building Maintenance Superintendent that electrical transfer switches are working properly. (PMA's required) 2. Transfer load from Edison to emergency generator. 14 or 26 25A -12 Specifications for Emergency Generators Preventive Maintenance APPENDIX C LOCATION: Santa Ana City Hall EQUIPMENT: Kohler 600kNv Standby Generator Set Model 600ROZD4, s/n 0707170 ANNUAL MAINTENANCE FOR KOHLER 600 KW STANDBY GENERATOR SET SCHEDULED OIL SAMPLING 1. Complete chemical analysis of the oil. ENGINE OIL AND FILTERS 1. Drainfreplace oil in crankcase 2. Replace oil filters and inspect used filters for foreign matter. FUEL SYSTEM 1. Drain water and sediment from tank. 2. Change fuel filters. 3. Test fuel for water content and algae formation. 4. Inspect all fiiel lines. COOLING SYSTEM 1. Complete chemical analysis of coolant. 2. Replace thermostat(s). 3. Refill cooling system with coolant and conditioner. 4. Clean cooling system radiator of dirt and debris. 5. Drain, clean and flush cooling system. 6. Inspect and clean radiators. EXHAUST SYSTEM 1. Check for leaks 2. Inspect and clean any build up. ENGINE 1. Perform complete engine adjustment and timing test. 2. Load test engine (minimum 30% power) and check all gauges for proper readings. 3. Check/adjust valve lash, injector timing, and rotators. 4. Adjust valve bridge when adjusting valve. 5. Replace zinc rods in the engine's raw water cooling system. 6. Clean crankcase breather. 7. Check engine protective devices. IS U2G 25A -13 Specifications for Emergency Generators Preventive Maintenance 8. Check engine mount for proper torque. BELTS AND HOSES 1. Inspect/replace worn accessory drive and alternator belts. 2. Replace cracked, leaking, or soft hoses, tighten loose clamps. FAN DRIVE 1. Lubricate bearings. 2. Lubricate belt tightener, grease fittings. AIR SYSTEM 1. Replace element. 2. Check hoses and ducting for leaks. BATTERIES 1. Tighten battery retainers. 2. Check electrolyte levels, add distilled water as needed. 3. Clean battery's exterior and terminals. 4. Check battery charger for proper charge rate. GENERATOR 1. Check generator main stator windings. 2. Clean exterior of generator unit and the voltage regulator. 3. Lubricate generator front and rear bearings. 4. Check inain stator winding temperature (if equipped). 5. Check bearing bracket temperature (if equipped). 6. Complete insulation test (megger). 7. Lube bearings. 8. Clean intake screens. 9. Complete a two -hour load test based upon Kohler mandated parameters for this unit. TRANSFER SYSTEM FOR ALL GENERATORS 1. Test with approval of Building Maintenance Superintendent that electrical transfer switches are working properly. (PMA's required) 2. Transfer load from Edison to emergency generator. 16 of 26 25A -14 Specifications for Emergency Generators Preventive Maintenance APPENDIX D LOCATION: Fire Station #s 1A0, See attached list EQUIPMENT: See attached list for equipment. ANNUAL MAINTENANCE FOR KOHLER 400 KW STANDBY GENERATOR SET SCHEDULED OIL SAMPLING 1. Complete chemical analysis of the oil. ENGINE OIL AND FILTERS 1. Drain/replace oil in crankcase 2. Replace oil filters and inspect used filters for foreign matter. FUEL SYSTEM 1. Drain water and sediment from tank. 2. Change fuel filters. 3. Test fiiel for water content and algae formation. 4. Inspect all fuel lines. COOLING SYSTEM 1. Complete chemical analysis of coolant. 2. Replace thermostat(s). 3. Refill cooling system with coolant and conditioner. 4. Clean cooling system radiator of dirt and debris. 5. Drain, clean and flush cooling system. 6. Inspect and clean radiators. EXHAUST SYSTEM 1. Check for leaks 2. Inspect and clean any build up. ENGINE 1. Pei-form complete engine adjustment and timing test. 2. Load test engine (minimum 30% power) and check all gauges for proper readings. 3. Check/adjust valve lash, injector timing, and rotators. 4. Adjust valve bridge when adjusting valve. 5. Replace zinc rods in the engine's raw water cooling system. 6. Clean crankcase breather. 7. Check engine protective devices. 17 of 26 25A -15 Specifications for Emergency Generators Preventive Maintenance 8. Check engine mount for proper torque. BELTS AND HOSES 1. Inspect/replace worn accessory drive and alternator belts. 2. Replace cracked, leaking, or soft hoses, tighten loose clamps. FAN DRIVE 1. Lubricate bearings. 2. Lubricate belt tightener, grease fittings. AIR SYSTEM 1. Replace element. 2. Check hoses and ducting for leaks. BATTERIES 1. Tighten battery retainers. 2. Check electrolyte levels, add distilled water as needed. 3. Clean battery's exterior and terminals. 4. Check battery charger for proper charge rate. GENERATOR 1. Check generator main stator windings. 2. Clean exterior of generator unit and the voltage regulator. 3. Lubricate generator front and rear bearings. 4. Check main stator winding temperature (if equipped). 5. Check bearing bracket temperature (if equipped). 6. Complete insulation test (megger). 7. Lube bearings. 8. Clean intake screens. 9. Complete a two -hour load test based upon Kohler mandated parameters for this unit. TRANSFER SYSTEM FOR ALL GENERATORS 1. Test with approval of Building Maintenance Superintendent that electrical transfer switches are working properly. (PMA's required) 2. Transfer load from Edison to emergency generator. 18 of 26 25A -16 Specifications for Emergency Generators Preventive Maintenance APPENDIX E SEMI - ANNUAL INSPECTION For all generators: I . Inspect V belts, drive adjustment and alignment. 2. Inspect engine support and connections. 3. Inspect batteries for fluid level and charge. 4. Check battery charger operation. 5. Inspect block heater operation. b. Check and advise customer of fuel level. 7. Visually inspect oil, water, fuel leaks and advise customer. 8. Inspect ATS power source lights; replace bulb if needed. 9. Inspect engine gauges for proper operation and record readings. 10. Inspect all electrical connection and wiring. 11. Inspect and test engine governor controls and response. 12. Inspect and test safety devices. 13. Inspect engine oil, water levels. Top off if needed (to one quart at no charge) 14. Inspect, test, run engine and record output readings. 15. Check operation of emergency system without load transfer. 19 of 26 25A -17 Specifications for Emergency Generators Preventive Maintenance EQUIPMENT LIST (1) City Hall: 600KVA Kohler Diesel Generator (1) Corporation Yard: 400KVA Kohler Diesel Generator (1) Corporation Yard: 220KVA MQ Diesel Generator Model: DCA220SSVU, Serial: 3782864 (1) Police Facilities: Diesel Fire Pump: (1) 2001 KW Fire Pump (2) Police Facilities: IOOOKVA Caterpillar Diesel Generator (1) Train Station: Kohler Diesel Generator Model: 5OROZ71, Serial: 143917 - - - -- Cumins Engine Model: 4BT -3.9, Serial: 44101001 (1) Fire Station 1: Olympian Genrac Diesel Emergency Generator 2003 Model: 3285B- 1253C, Serial: AD208356SRJ, 1800 RPM, 3 PH, 2081460V 125 KW, 60 HZ (1) Fire Station 2: Genrac 2000 Diesel Emergency Generator 2003 Model. 3436410100, Serial.- 2073754, 1800 RPM, I PH, 1201240V, 20 KW, 60 HZ (1) Fire Station 3: MQ Power Diesel Emergency Generator 2006 Model: DCA25SSIU2, Serial., 7108423, 3 PH, 1201240148OV 60 HZ, 25 KVA (1) Fire Station 4: Onan Diesel Emergency Generator 1978 Model: L5L- ORD -IC, Serial: J800530076, 1800 RPM, I PH, 120 -208T , 18.7 KW, 60 HZ (1) Fire Station 5: Caterpillar Diesel Emergency Generator 1996 Model: SR -4B, Serial: 3KJ00840, 3 PH, 240V,, 175 KW, 60 HZ (1) Fire Station 6: Onan Diesel Emergency Generator 1980 Model: 3811434113, Serial: 0874842A, 1800 RPM, I PH, 1201240V, 18.7 KW, 60 HZ (1) Fire Station 7: Genrac Diesel Emergency Generator 2003 Model: 3034420001, Serial: 2071531, 1800 RPM, I PH, 1201240V, 20 KW, 60 HZ (1) Fire Station 8: MQ Power Diesel Emergency Generator 2006 Model: DCA25SSIU2, Serial: 7108387, 3 PH, 12012401480V, 60 HZ, 25 KVA (1) Fire Station 9: Genrac Diesel Emergency Generator 1990 Model: 2507 -1, Serial: 36969, 3 PH, 1201208V, 63.5 KW (1) Fire Station 10: Kohler Gas Emergency Generator 1964 Model DR] 63, Serial: 18227, 1 PH, 1201240V 10 KW 20 of 26 FEE SCHEDULE October 1, 2010- September 30, 2011 25A -19 peoij*tions for Emergency Generators Preventive Maintenance LOCATION ANNUAL SEMI ANNUAL ELECTRICAL TOTAL ANNUA.I COMPREHENSIVE PREVENTIVE LOAD TEST PRICE (I)Major visit (1)Semi Visit (1)year $CoE Santa Ana Police Dept Caterpillar Standby Generator #1 � 1 Clesi- $1,977.45 x2 $ 1,250,0Q $q3,227.45 Caterpillar Standby Generator #2 $- T jac11a d e d $1 .9 7 7.4 5 x 2 $ 1, 9, S n- nn $ 1,227-45 i Caterpillar Diesel Fire Pump $Inc 1� d e d X9,31, 9 6 _29 2 $ No n.n $ 9 31 - 4 Santa Ana Corporate Yard Kohler Standbyd00KVA Generator $ i n c 1 u d ed $1,146.92x2 f 510 nn $ _ 1,746, U_ MQ Power Diesel 220KVA Generator. $ Included $ I F i 4s - can K2 600,4on $1, 74A, q {L_, Santa Ana City Hall KobMer Standby AKVA Generator $ Included $ b, 425, 0 0 7,2 $ 7 5 n inn 'Santa Ana Dire Stations Station 1 Olympian Diesel $ Included 41,055,10-x2-- $600.l:IR_ , x,656.10 Station 2 Genrac 2000 Diesel $ Included -$ 1 8 , 1 7 . y , 2 $ r 0 1 1 � 3 ] l t $ i ' y 4 3 8 17 Station 3 MQ PoNVer Diesel $ Included $817.30 x2 $ boo o.n $ 10a17 _ 1n Station 4 Onan Diesel $81 1 x2 6 o n no $ 1., d 13 , 6 3 Station 5 C*rpillar Diesel $ T)3 t- 1 11 d P d _$ q g n. 06 x2 $ ,{nn _ nn- $ 1, 590 n G Train Stat$ n Included $ 820.85 $ 600.00 $ 1,420.85 21 of 22 25A -20 i 25A -20 ,S,pecifi-,zadous for Emergency Generators Preventive Maintenance Station 6 Onan Diesel T U n I ndecl 81 4_ fi l x2 $ 6 00 Lam_ $ 1,413-63 Station 7 Genrac Diesel I_l3cluded 818.17 12 -$600.0-0- $ 1, 418. 17 Station $MQ Power Diesel $Included _$ 817.30 x2 X600.00 T $ 1,417.30._ Station 9 Genrac Diesel $ Included $1 022.09 x2 $ 600.00 $-1,622.09 Station 10 Kohler Gas _$ T n c+ y» d p t3 $6815-83 x 2 $ 4 A A_ n n TOTAL COST _$ 2 9, 0 -1 n. 4 i per Year NOTE: All reference exhibit A•proposals are additional parts and labor to this Agreement. All ATS PM services are additional to this Agreemeni All megging of Generat(br- =.units are additional to this Agreement All the above muiiz.be added into your Purchase Oder when issued. Vef er.enae-,Maintenance Agreement for breakdown of additional service options offered per unit * 2nd Year Renewal Option at same pricing 3rd Year Renewal is subiect to a 20% increase Labor rates offered:j' -ST t 95.00 OT $142.50 DT $ 190.00 ONLY) rI (2 Years U CONIPANYNAME Dixie Diesel & Electric Inc (Betvm ft Page wi yowRM 22of22 (NOTE: 24/7 365 Days a •year on call service. Response time within (4) hours all repairs performed have 1 a 6-month warranty parts and labor. 25A -21 25A -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 18, 2010 TITLE: APPROVED AGREEMENT WITH THE CALIFORNIA ❑ As Recommended STATE LIBRARY AND APPROPRIATION ❑ As Amended ADJUSTMENT FOR TUITION El Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading REIMBURSEMENT FOR LIBRARY ❑ Implementing Resolution EMPLOYEES ❑ Set Public Hearing For "A" 62, CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the California State Library in the amount of $13,318 for tuition reimbursement for three Santa Ana Public Library employees enrolled in the Masters of Library and Information Science program at San Jose State University, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $13,318 from the California State Library in revenue account (no. 15411002 52001) and appropriating same to expenditure account (no. 15411190 62130). DISCUSSION The Santa Ana Public Library has applied for and been awarded a Public Library Staff Education Program grant of $13,318. The Public Library Staff Education Program assists public and law libraries by reimbursing staff members who pursue their Masters of Library and Information Science degree. It is funded by the Federal institute for Museum and Library Services through the Library Services and Technology Act, and administered by the California State Librarian. The program is designed to reimburse the tuition payments of students enrolled in American Library Association accredited Masters in Library and Information Science programs. The grant has been awarded to defray the educational expenses of three Santa Ana Public Library employees for the Summer 2010, Fall 2010, and Spring 2011 sessions. 25B -1 Agreement with California State Library October 18, 2010 Page 2 FISCAL IMPACT The appropriation adjustment will recognize $13,318 in grant funding from the California State Library in revenue account (no. 15411002 52001) and appropriate same to the expenditure account (no. 15411190 62130). At';,�C'4 Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco utierrez, M-b) Executive Director Finance and Management Services Agency California State Library LSTA GA Page 1 Fiscal Office LSTA GRANT AWARD #40 -7674 P.O. Box 942837 Sacramento, CA 94237 -0001 Project Title: Public Library Staff Education Program (PLSEP) System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD Library Services and Technology Act I. The recipient designated above hereby certifies to the California State Library, for a grant of funds in the amount of $13,318. This block grant will provide library services as set forth in the LSTA Service Project Application as approved and /or as amended by the California State Librarian. TERMS AND CONDITIONS The recipient agency and its named or designated fiscal agent hereby assures the California State Library that: 1. It is mutually understood between the parties that this grant award may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made. 2. This grant award is valid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 10/11 for the purposes of this program. In addition, this grant award is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this grant award in any manner. 3. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this grant award shall be amended to reflect any reduction in funds. 4. The California State Library has the option to amend the grant award to reflect any reduction of funds. 5. Upon the grant award approval by the State Librarian, one (1) completed set of this CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD and RECIPIENT CERTIFICATION will be sent to the subgrantee. Such copy shall be the officially approved agreement for the conduct of the approved project. 6. " Subgrantee" means the government or other legal entity to which a subgrant is awarded and which is accountable, to the grantee for the use of the funds provided. 7. The subgrantee will make reports to the State Librarian in such form and containing such information as may be required to enable the California State Library to perform its duties. The subgrantee will keep such records and afford such access as the California State Librarian, California State Library may find necessary to assure the correctness and verification of such reports. W :151 California State Library LSTA GA Page 2 Fiscal Office LSTA GRANT AWARD #40 -7674 P.O. Box 942837 Sacramento, CA 94237 -0001 Project Title: Public Library Staff Education Program (PLSEP) System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA (continued) 8. The control of funds and title to property derived therefrom shall be in a subgrantee agency for the uses and purposes provided; a subgrantee agency will administer such property and funds and shall apply funds only for the purposes for which they were granted. 9. The expenditure under this program will not be used to supplant subgrantee effort. 10. This aggreement is entered into under provisions of the Library Services and Technology Act, Public Law 104 -208 on September 30, 1996; and Congressional Record - House, H1 1644-Hl 1728 on September 28, 1996, H12266- H12267 on October 3, 1996; and 45 CFR 1183, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, October 1, 1994. 11. Performance of the provisions of this agreement is subject to the conditions and availability of funds as awarded by the State Librarian under said Act. 12. The terms of this agreement shall be from upon execution to and including June 30, 2011. But shall be subject to termination by either party by giving written notice to the other party at least thirty (30) days prior to the effective date of termination. In the event this agreement is so terminated, the subgrantee shall deliver to the State Librarian copies of all reports and /or materials prepared up to the date of termination, and the State Librarian shall determine, and pay the subgrantee for the necessary and appropriate expenditures and obligations to the date of termination which have not been covered by prior installments heretofore paid to the subgrantee. If funding has been advanced to the subgrantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 60 days of the notice of termination. 13. The State Librarian is empowered to review, audit, and inspect the project for compliance with this agreement. LIMITATION OF EXPENDITURE Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. 25B -4 California State Library LSTA GA Page 3 Budget Office LSTA GRANT AWARD #40 -7674 P.O. Box 942837 Sacramento, CA 94237 -0001 Project Title: Public Library Staff Education Program (PLSEP) System /Agency: Santa Ana Public Library CONSOLIDATED APPLICATION NOTIFICATION OF GRANT AWARD, LSTA, continued Any of the sums listed as approved and /or amended appearing under the categories in the approved budget may be adjusted by the authorized project personnel of the subgrantee to increase any allotment not more than 10% with the understanding that there will be , corresponding decreases in the other allotments so that the total amount paid by the California State Library to the subgrantee under this agreement shall not exceed $13,318 and shall be expended /encumbered in the designated grant period. REPORTS AND CLAIMS It is the responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library. I. The subgrantee shall be responsible for the submission of two Narrative Reports, unless otherwise noted in the State Librarian's award letter, on the progress and activities of the project, in triplicate, to the State Library within 30 days following the end of the designated quarter. Il. The subgrantee shall submit quarterly Financial Reports, in triplicate to the State Library. These reports are to reflect the expenditures made by the subgrantee under the agreement. The financial reports are to be submitted within 30 days following the end of the quarter. 111. To obtain payment hereunder the subgrantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. IV. The final 10% of the grant award is payable only if the grant recipient fulfills all project reporting requirements and returns all unspent grant funds by the time specified in the award. Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the award, which may result in federal audit exceptions against the state and the loss of LSTA funds. The State Librarian may extend the final deadline for good cause. Request for extension beyond the final deadline of the grant period must be received at least 30 days prior to that deadline at the State Librarian's office. Payment will be provided to cover the expenditures incurred by the subgrantee for the project in the following manner: $13,318 upon execution of the agreement and submission of claim by fiscal agent If the amount of payment made by the California State Library shall exceed the actual expenses during the term of this agreement, as reflected in the financial reports to be filed by the subgrantee, the subgrantee shall refund to the California State Library the amount of such excess payment. 25B -5 California State Library Fiscal Office P.O. Box 942837 Sacramento, CA 94237 -0001 LSTA GA Page 4 LSTA GRANT AWARD #40 -7674 Project Title: Public Library Staff Education Program (PLSEP) System /Agency: Santa Ana Public Library NONDISCRIMINATION CLAUSE ADDENDUM 1. During the performance of this grant award, the recipient, subgrantee and its contractors shall not deny the grant award's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. Subgrantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Subgrantee shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 1290 et. seq.), the regulations promulgated thereunder (Cal. Admin. Code, Tit. 2, Sections 7285.0 et. seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Sections 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. 3. Subgrantee or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. 4. Recipient, subgrantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 5. Subgrantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the grant award. California State Library LSTA GA Page 5 Fiscal Office LSTA GRANT AWARD #40 -7674 P.O. Box 942837 Sacramento, CA 94237 -0001 Project Title: Public Library Staff Education Program (PLSEP) System /Agency: Santa Ana Public Library CERTIFICATION REGARDING LOBBYING FOR GRANTS AND COOPERATIVE AGREEMENTS This certification is a prerequisite for making or entering into a grant or cooperative agreement over $100,000. Upon the acceptance of the grant award the subgrantee as required by Section 1352, Title 31 of the U.S. Code certifies to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the subgrantee, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence 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 grant or cooperative agreement, the subgrantee shall complete and submit Standard Form - LLL, 'Disclosure Form to Report Lobbying,' in accordance with its instructions. 3. The subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 25B -7 LSTA Control # P-41 LSTA GRANT AWARD DOCUMENTATION Budget Citation BA/10 Item 6120- 211 -0890 LSTA Award * 40 -7674 Project Title: Public Library Staff Education Program (PLSEP) Subgrantee: Santa Ana Public Library Funding Start Date: ** upon execution ** Approval Date: 07/01/10 Approved Funds; $13,318 Term: upon execution - end of grant period Payments: $13,318 upon execution of agreement Schedule No. LUMP -SUM PAYMENT Appropriation Encumbered (designate where applicable) For: Fund Federal Trust PCA #: 92980 FY 10/11 WP 09 Code: 702 Vendor Code: M719 Catalog number from Federal Catalog of Domestic Assistance* 45.310 IMLS #: LS- 00- 10- 0005 -10 --------------- --------------------------------------------------- APPROVED BUDGET CATEGORY BUDGET REVISED REVISED ------------- — ---- — ------- --- ------- -.. -------------------------------- ---- ---------- — --------------------------------- ----- ---- SALARIES & BENEFITS MATERIALS EQUIPMENT OPERATING EXPENSES $13,318 INDIRECT COSTS TOTAL $13,318 ••7 � REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: LEASE AGREEMENT WITH T- MOBILE WEST CORPORATION FOR CELLULAR ANTENNA AT DELHI PARK CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 15f Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute a lease agreement with T- Mobile West Corporation for installation of a stealth monopalm antenna and equipment building at Delhi Park, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing $38,800 in the Capital Outlay Fund Miscellaneous Recovery account (no. 05102002 57010) and appropriate same to the Capital Outlay Fund Improvements Other than Buildings Expenditure account (no. 05113263 66220). 3. Receive and file Categorical Exemption for Environmental Review No, 2010 -30 (Delhi Park). BOARD OF RECREATION AND PARKS Recommended approval of lease agreement with T- Mobile West Corporation for cellular equipment building and monopalm cell tower at Delhi Park, at their meeting of April 28, 2010, by vote of 4:0:3. DISCUSSION T- Mobile is requesting approval of a lease agreement to install a 65 foot monopalm with cellular antenna at 60 feet in Delhi Park. The lease agreement with T- Mobile West Corporation is for 636 square feet of lease space for the equipment building and cell tower area. T- Mobile will build the equipment building and plant (2) palm trees on the west side of Delhi Park ball field (see Exhibit 1). 25C -1 Lease Agreement with October 18, 2010 Page 2 T- Mobile West Corporation at Delhi Park The lease agreement is for 10 years, with three 5 year extension options in the amount of $2,400 per month ($28,800 per year). The agreement provides for a rate increase of 4% per year throughout the term of the lease. In addition T- Mobile has agreed to submit a one time $10,000 payment as soon as the lease is signed. The $10,000 payment will be deposited in a special account for deferred maintenance improvements at Delhi Park. The annual $28,800 lease payment will be deposited in the General Fund for payment of the landscape maintenance contracts in City parks. T- Mobile will provide all the proper insurances and obtain the necessary City permits prior to construction. Three presentations were made to the neighborhood association and OCCCO on T- Mobile's proposal. Questions were mainly focused on health /safety issues which were addressed by T- Mobile's representatives. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2010 -30 (Delhi Park) will be filed for this project. FISCAL IMPACT This appropriation adjustment will recognize $28,800 and the $10,000 onetime payment in the Capital Outlay Fund Miscellaneous Recovery account (no. 05102002 57010) and appropriate same to the Capital Outlay Fund Improvements Other than Building Expenditure account (no. 05113263 66220) for landscape maintenance of City parks. Gerardo Mouet, Executive Director Parks, Rec. and Com. Svcs. Agency Exhibit: 1. Map 2. Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency 25C -2 LAND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND T- MOBILE WEST CORPORATION for DELHI PARK This Agreement, made this day of , 2010, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated "LESSOR" and T- Mobile West Corporation, a Delaware corporation, hereinafter designated "LESSEE ". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties ". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Delhi Park (the entirety of LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 730 E. Warner Ave., Santa Ana, CA 92707, and being described as a twenty-two foot (22') by twenty foot (20') space on the ground containing four hundred forty (440) square feet for LESSEE's radio equipment cabinets, a fourteen foot (14') by fourteen foot (14') space on the ground containing one hundred ninety-six (196) square feet for LESSEE's tower, and space required for cable runs to connect LESSEE's equipment and antennas, together with the non- exclusive right for ingress and egress from and to the nearest public right-of-way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or within the building to the demised premises, said demised premises and access and utilities paths (hereinafter coUectively referred to as the "Premises ") for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. 2. SURVEY, LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A ". Costs incurred for such work shall be borne by LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RE TN After the Commencement Date, rental payments will be due in an annual rental amount of twenty -eight thousand eight hundred dollars ($28,$00.00) to be paid in equal monthly installments of two thousand four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence on the first day of the month following the issuance of the building permit for LESSEE's Facilities (as defined below), or the first day of the month that is six (6) months after the full execution of this Agreement or the fast day of the month following the date LESSEE commences installation of LESSEE's Facilities on the Premises, whichever occurs first ( "Commencement Date'). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6 %) of the then- current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. 5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of four percent (4a/o) per year, to be increased on each anniversary of the Commencement Date. 6. NISI jAL PAYMENT. LESSEE hereby agrees to pay to LESSOR a one -time, non - recurring, non- refundable payment equal to ten thousand dollars ($10,000.00), within thirty (30) days after the Commencement Date. Notwithstanding the above, LESSOR shall refund LESSEE the initial $10,000.00 payment in the event LESSEE is unable, due to the sole fault and unreasonable delay of LESSOR, to obtain all Approvals necessary to construct LESSEE's Facilities, within six (6) months after the full execution of this Agreement. 7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five (5)- year terms (each a "Renewal Term" . Each Renewal Term shall be on the terms and conditions as set forth herein as follows: EXHIBIT 2 Site k: tA33836B Site Name: Delhi Park Date: 06/i 8!2010 (i) Six (6) months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines that LESSEE's continued tenancy is not in conformity with LESSOR's intended use of the Property, LESSOR shall provide written notice to LESSEE that the Lease will not be extended. (ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If LESSEE determines that it desires to extend the term LESSEE shall provide written notice six (6) months prior to the end of the then - current term. Within sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall deny such extension request. If LESSOR does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal Term. If neither party provides notice as set forth above, the lease shall continue on a month - to-month basis. 8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals ") that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's Facilities (defined below) and for the purpose of preparing for the construction of LESSEE's Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unreasonably withheld., conditioned, or delayed, such approval shall be issued by the City Manager or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans. 10. USENAINTENANCE. LESSEE may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ( "LESSEE's Facilities'). All improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings ( "Plans'l of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR, Site #: LA33836H Site )Maroc: Delhi Park Date; 0611812010 so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. LESSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty-four (24) hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LESSEE's Facilities, such maintenance must be completed by LESSEE within thirty (30) days. A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ( "Claims ") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ( "Claims ") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary. B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self- insurance programs maintained by LESSOR, except claims resulting from LESSOR's negligence or misconduct; (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out of LESSEE's operations hereunder. Site #: LA33836B Site Name: Delhi Park Data: 06/18/2010 LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ( "Pre - Existing Communications'), or public safety communication operations, as may be upgraded periodically, and LESSEE's Facilities shall comply with all non - interference rules of the Federal Communications Commission ( "FCC "). LESSOR shall not use, or permit the use of; any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre- Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The City Manager shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. In the event of any interference with LESSOR's public safety communications operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE cease operating LESSEE's Facilities (except for intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. If LESSEE's Facilities interfere with LESSOR's public safety communications operations during an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE's Facilities and if LESSEE fails to do so, LESSOR has the right to shutdown the electricity supply to LESSEE's Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with LESSOR's public safety communications operations caused by LESSEE's Facilities. 14. REMOVAL UPON TEl NIMATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits, foundations and equipment/storage buildings may remain at LESSOR's option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. if such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option in its as -is condition. 15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F ". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's interest in the Property upon the expiration or termination of this Agreement. 16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right -of -way herein granted shall be under and subject to the right of LESSEE in and to such right -of -way. LESSOR shall obtain for the benefit of LESSEE a reasonable non - disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet Site #: LA33836B 4 Site Name: Delhi Park Date: 06/18/2wo possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LESSEE's Facilities. 18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR fiuthher covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. NO LIENS. LESSEE will not permit any mechanics' or materialrnen's liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 20. MISCELLANEOUS LESSEE RESPONSIBILIMS. A. Maximum Permissible Exposure — LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ( "MPE ") and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE's Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repair; and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty -eight (48) howl notification to LESSEE by LESSOR If said graffiti is not removed within the 48 -hour period, City may remove said graffiti and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed, directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) -day period. LESSEE has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. Site #: LA33836B Site Nam; Delhi Park Date: W1812010 21. EMERGENCY USE OF SITE?. LESSEE shall make available to the police, fire and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subject to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24 -hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LESSEE, if available at the Premises. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. • •.: • A. LESSEE will not assign or transfer this Agreement without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to assign its rights under this Agreement, to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property. B. LESSEE acknowledges and agrees that the City policy is to provide for co-location on communication tower facilities and will reasonably facilitate any co-location subject to the conditions outlined in Paragraph 13 (INTERFERENCE). LESSEE further agrees that LESSOR shall retain ownership of any further lease rights with respect to space for additional communication facilities on the Property, other than the Premises which is already leased to Lessee. Further, regarding co-location/subleasing space on LESSEE's tower, LESSEE shall enter into a Tower Lease Agreement, or sublease, subject to all permits and approvals from all governmental agencies having jurisdiction thereover, with a future tower co- location user, subject to (i) LESSEE's right to require any such future co-location user to reimburse LESSEE for a pro-rata share of the costs of the tower and its installation, and (ii) LESSOR receiving eighty percent (80%) of the tower rent received by LESSEE. LESSEE shall provide for LESSOR's consent on any Tower Lease Agreement, or sublease and affidavits stating the sublease rent. The Party's intent in allowing LESSEE to collect rent and a pro-rata reimbursement of costs is to provide a means by which LESSEE can recoup its cost of construction and maintenance of said tower facilities on a pro-rata basis with subsequent users. The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future tower co-location agreement. Any future carrier or co- locator shall enter into a separate ground lease agreement with the City. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): Site N: LA33836D Site Name: Delhi Park Date: 06118/2010 LESSOR: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 Courtesy City of Santa Ana — Office of the City Attorney Copies to 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 LESSEE: T- Mobile USA, Inc. 12920 SE 381h Street Bellevue, WA 98006 Attn: PCS Lease Administrator, Site #: LA33836B With a copy to: Attn: Legal Dept. Copy to: T- Mobile West Corporation 2008 McGaw Avenue Irvine, CA 92614 Attn: Lease Administration Manager, Site #: LA33836B Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto. A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to relocate LESSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LESSOR's cost and expense which shall be limited to reasonable expenses of moving and re- installing the tower structure and accompanying equipment, including the cost of City permits and fees which LESSOR may Iegally pay, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSOR, to operate and maintain LESSEE's Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice'l to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to disapprove of such proposed relocation site in writing within the sixty -day period, LESSEE shall be deemed to have approved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site. Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. Site N: LA33836B Site Name: Delhi Park Date: 06/18/2010 C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment, based on a ten -year lease period. 29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non - defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non- monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non- defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. t ` • gel � ;. A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back -up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations. B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not Site #: iA33836B 8 Site Name: Delhi Park Date. 06/18/2010 for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS, LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration.. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. POWERING DOWN DURING MAINTENANCE i REPAIR. LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having Proper jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non - appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE. B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non- disturbance agreements or other approvals (collectively "approval ") reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or Site #: LA33836B 9 Site Name: Delhi Park Date: 06/18n010 (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) above as the result of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. t te s ' : • A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. LESSOR shall not have unsupervised access to LESSEE's equipment and LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: LAURA SHEEDY Assistant City Attorney Site M: LA33836H Site Name: Delhi Park Date: 06/1812010 CITY OF SANTA ANA DAVID N. REAM City Manager LESSEE: T -MOBIL T CORP-ORATION By: .. Name: Its: ChrltstVher EIdr1 Date: DNretor Of tiMglantl taev. 2-' (C) 10 L V � IM � Approved as to term ants 5. -Do COM"te Counsel EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 016- 090 -22 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: BLOCK 1 AND LOT 1 IN BLOCK 2 OF TRACT NO. 39, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 3 OF SAID TRACT NO. 39; THENCE EAST ALONG THE SOUTH LINE OF SAID BLOCK 3 AND ALONG THE NORTH LINE AND EXTENSION OF BLOCK 4 IN SAID TRACT NO. 39, A DISTANCE OF 534.55 FEET; THENCE NORTH 00 22' 25" WEST 569.16 FEET, THENCE WEST, PARALLEL TO 30.00 FEET SOUTHERLY FROM THE CENTERLINE OF DELHI ROAD, NOW KNOWN AS WARNER AVENUE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 0° 22' 25" EAST 386.60 FEET; THENCE WEST ALONG THE NORTH LINE AND ITS EASTERLY EXTENSION OF SAID BLOCK 3, A DISTANCE OF 37234 FEETTOA NON - TANGENT CURVE; THENCE FROM A TANGENT WHICH BEARS SOUTH 5° 22'35" WEST, SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 975.04 FEET THROUGH A CENTER ANGLE OF S° 00' 00" AN ARC DISTANCE OF 85.09 FEET; THENCE SOUTH 0° 22'25" EAST 98.29 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN 3.56 -ACRE PARCEL OF LAND AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 30 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 00 22'25" EAST 20.00 FEET TO A POINT ON A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF WARNER AVENUE AND THE TRUE POINT OF BEGINNING; THENCE EAST LONG SAID PARALLEL LINE A DISTANCE OF 140.00 FEET; THENCE SOUTH 130.00 FEET; THENCE WEST 60.00 FEET; THENCE SOUTH 440 30' 35" WEST 112.17 FEET TO A POINT ON THE EASTERLY LINE OF SAID 3.56-ACRE PARCEL OF LAND; THENCE NORTH 00 22'25" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 210.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF CENTRAL AVENUE AND HALLADAY STREET, AS SHOWN ON SAID MAP OF TRACT NO. 39; THENCE NORTH 340.00 FEET; THENCE WEST 320.00 FEET, THENCE SOUTH 340.00 FEET TO A POINT IN THE CENTERLINE OF SAID CENTRAL AVENUE; THENCE EST ALONG SAID CENTERLINE 320.00 FEET TO THE POINT OF BEGINNING. APN: 016 - 090-22 LESSOR INITIALS: LESSEE INITIALS: �— Site #: LA33836B Site Name: Delhi Perk Date 06/18/2010 II 01 42 EXHIBIT B LEGAL DESCRIPTION OF THE PREMISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises ". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit "B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE's intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit "B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit "B ", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement. See the attached drawings dated 02/26/10, Sheets A -1, A -2, A -3, & A-4, identified with Site Information: Delhi Park, LA33836B. In addition to the approximately 636 square feet depicted on the attached drawings for LESSEE's equipment, the Premises also includes space for coax and cable runs to connect the radio equipment and antennas. LESSEE INITIALS: Ckn7 LESSOR INITIALS: Site N: LA33836B Site Name: De1W Park Date: 06/19/2010 12 H-4 lot Jill 41 I R I ' "1 1: �--.,! I 1 1; �� I w 6 9111 Ifs il ®a I HAU"Y ST. lot It 1 F41 $J T 0 d 2 A 2 fo oll, 0 1 9 loll' .gi uj cr 9 ire i Wit 11 lt 11114 IN k v Elio! yd list, Vr! I I lit it z I' 11; IR 11 VIM as." MA*� 0 momw I-No. arm a am& ft. A. YbAW� XW� eNa.MW A MOW.- A — N . 01 m7 its, w R pill n *�R 1, R kill' i 4 L �� kA �{ k �p i s i a6 rn [e ra r.a oruo� *rs•a mda o mmq r. r.n Wroft-A N m M wmr 1mYP1 tiOW W < IBWtlO OY r.M waive ar-a m'arr a r- r ro moor w am m n toaAioumor se -a moosa . r, r a mmror im"ri serve � mro m ry s.os moor a +r r s nMwr"wr aoeo -a Leo+ w .e, m a+ pros miner r a r t Ell r EXHIBIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Polic relating to the following: Y 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy #. Issued to Site #: LA33836B Site Name: Delhi Park Date: 06/19/2010 this endorsement form as a part of Named Insured Countersigned by 13 Authorized Representative EXHIBIT D 001Y "UNM 1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE's Facilities. 3. LESSEE's access to the Premises shall be limited when the Premises is being used for a public event, and the four (4) hours before and after any such event. LESSEE will obey any procedures set by LESSOR regarding notification before visiting the Premises, checking in on -site, parking, gates, etc. Site #: : LA33836B 14 Site Namc: Delhi Park Date: 06/18/2010 EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: Santa Ana Parks, Recreation and Community Services Agency I. Ron Ono Address: 20 Civic Center Plaza (M -23) Santa Ana, CA 92702 Daytime Phone No.: Ron: (714) 571 -4220 Facsimile No.: (714) 571 -4209 24 -Hour Contact No.: Dispatch Center: N/A LESSEE'S TECHNICAL CONTACTS: Name: 1. Robert Norton 2. Luis Gonzales Address: 2008 McGaw Avenue Irvine, CA 92614 Daytime Phone No.: (714) 850 -2403 Facsimile No.: (714) 850 -6620 24-Hour Contact No.: N.O.C. (888) 662 -4662 Dispatch Center: N.O.C. (888) 662 -4662 Site #: LA33836B 15 Site Name: Delhi Park Date: 06/18/2010 THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of , 2010, by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "Lessor ") and T- Mobile West Corporation, a Delaware corporation ( "Lessee "). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property ") in the State of Cahfomia, County of Orange, City of Santa Ana commonly known as 730 E. Warner Ave., a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor , 2010, and incorporated herein by reference (the "Agreement ") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non- exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSEE: T- Mobile West Corporation, a Delaware corporation By: Name: Title: Date: Address: 2008 McGaw Avenue Irvine, CA 92614 Attn: Lease Administration Manager, Site #: LA33836B LESSOR: City of Santa Ana By: Name: DAVID N. REAM Title: City Manager Date: Address: 20 Civic Center Plaza Santa Ana, CA 92702 [FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION) LESSEE INITIALS: CLt l _ LESSOR INITIALS: Site #: LA33836B Site Name: Delhi Park Date: 06118/2010 16 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO; T- Mobile West Corporation 2008 McGaw Avenue Irvine, CA 92614 Attn: Property Management Site #: LA33836B MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of ,20 , by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "Lessor ") and T- Mobile West Corporation, a Delaware corporation ( "Lessee "). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property ") in the State of California, County of Orange, City of Santa Ana commonly known as 730 E. Warner Ave., Santa Ana, CA 92707, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor 20_, and incorporated herein by reference (the "Agreement ") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terns of the Agreement. The Agreement provides for grant of non - exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property, [SIGNATURE PAGE FOLLOWS] Site u: LA33836B Site Natne: Delhi Park Date: 04129r_1010 IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSEE: T-Mobile )W-o§tKorporatiogaD0awqe corporation By: _LAC. I 7r Name: Title: cwftftpher Eldrw4li Date: 01"' ", !V Address: 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Attn: Lease Administration Manager, Site LESSOR: City of Santa Ana By: Name: DAVID N. REAM Title: City Manager Date: Address: 20 Civic Center Plaza Santa Ana, CA 92702 Site$. LA33836B Site Name Delhi Park Date: 04/29/2010 LA33836B Approved as to form I Tanis S. 0" Corporate Counsel EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 016- 090 -22 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: BLOCK 1 AND LOT 1 IN BLOCK 2 OF TRACT NO. 39, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 37 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 3 OF SAID TRACT NO. 39; THENCE EAST ALONG THE SOUTH LINE OF SAID BLOCK 3 AND ALONG THE NORTH LINE AND EXTENSION OF BLOCK 4 IN SAID TRACT NO. 39, A DISTANCE OF 534.55 FEET; THENCE NORTH 0° 22' 25" WEST 569.16 FEET; THENCE WEST, PARALLEL TO 30.00 FEET SOUTHERLY FROM THE CENTERLINE OF DELHI ROAD, NOW KNOWN AS WARNER AVENUE, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00 22'25" EAST 386.60 FEET; THENCE WEST ALONG THE NORTH LINE AND ITS EASTERLY EXTENSION OF SAID BLOCK 3, A DISTANCE OF 372.34 FEETTO A NON - TANGENT CURVE; THENCE FROM A TANGENT WHICH BEARS SOUTH 50 22'35" WEST, SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 975.04 FEET THROUGH A CENTER ANGLE OF 50 00' 00" AN ARC DISTANCE OF 85.09 FEET; THENCE SOUTH 00 22' 25" EAST 98.29 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN 3.56 -ACRE PARCEL OF LAND AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 30 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 00 22'25" EAST 20.00 FEETTO A POINT ON A LINE PARALLEL WITH AND 50.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF WARNER AVENUE AND THE TRUE POINT OF BEGINNING; THENCE EAST LONG SAID PARALLEL LINE A DISTANCE OF 140.00 FEET; THENCE SOUTH 130.00 FEET, THENCE WEST 60.00 FEET; THENCE SOUTH 44° 30'35" WEST 112.17 FEET TO A POINT ON THE EASTERLY LINE OF SAID 3.56 -ACRE PARCEL OF LAND; THENCE NORTH 00 22'25" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 210.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LINE: BEGINNING ATTHE INTERSECTION OF THE CENTERLINES OF CENTRAL AVENUE AND HALLADAY STREET, AS SHOWN ON SAID MAP OF TRACT NO. 39; THENCE NORTH 340.00 FEET; THENCE WEST 320.00 FEET; THENCE SOUTH 340.00 FEET TO A POINT IN THE CENTERLINE OF SAID CENTRAL AVENUE; THENCE EST ALONG SAID CENTERLINE 320.00 FEET TO THE POINT OF BEGINNING. APN: 016- 090 -22 at-,, Site #: LA33836B 3 Site Name: Delhi Park Date: 0412912010 State of California County of� ) NM before me, . Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: State of California ) County of ) 147, before me, . Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshe /they executed the same in his/her /their authorized capacity(ies), and that by his/heritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S ignature: Site it: LA33836B Site Name: Delhi Park Date: 04+290-010 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California v County of On � �� �! before me, Personally appeared 9 CODRUTA AUNA BES01U COMM. #1855547 pp NOTA" PUA BUC CAUFORNIA My Comm. Expires June 26, 2013 who proved to me on the basis of satisfactory evidence to be the Person) whose names) iliVal'srtubscribed to the within instrument and acknowledged to me that h� executed the same in his4 a�o�ed ��}; and that by hrsr2alar/#pr signatura(s}.on the instrument the person(s)7 or the entity upon behalf of which the person($�-trted, executed the instrument. I certify under PENALTY OF PERJURY under the laws Of the State of California that the foregoing paragraph is true and correct. WITNESS my a seat.--• - Plsct ND74ry 5641 ADov4 Signature OPTIONAL Na4ry "` ,ugh the inAprmation below is nor mq.,w by law, it may Prove valuable to Persons retying on the document 8'd oarld Pme "traudu►ent feMOW and reattachment of this form to another doc"r"t. Deacri ti p. an of Attached Document Title or Type of Docti ent. MO L f} 338,E I3 Document Date: — - Number of Pages. -� Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Signers Name: CJ Corporate Officer - Title(s): ^ I rorat Partner - D Limited O General - Corp orat oe Officer - Title(s): 17 Attorney in Fact - Partner - G Limited __ General _ Trustee Top t -u-mb more = Attorney in Fact 'i O Guardian or Conservator Trustee Too w 1h -.a lyre Other: �' Guardian or Conservator � Other: Signer Is Representing:_ i I Signer Is Represenling;`- C• 2CL7 Ma4y1.61 M04t/:' Ss6u..ahtn • "'WG Do Sao Seth Awl . Po 9er 2" "Cna'Vi0"', CA �1 - ti �` a i:�u • wwtv.NUtpryyNpy �Q A'orq Gem ✓'5907 RtortltrC49 Td4fr461WYp- o76sib27 25C -28 REQUEST FOR ,.- COUNCIL ACTION �� ? � . �,, CITY COUNCIL MEETING DATE: ` °- "' OCTOBER 18, 2010 TITLE: AGREEMENT WITH REDLANDS SOFTWARE INC. FOR GIS PROGRAMMING AND CONSULTING SERVICES �� ITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED Q As Recommended Q As Amended � Ordinance on 1�' Reading � Ordinance on 2nO Reading � Implementing Resolution � Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Redlands Software Inc. to provide GIS programming and technical services to the Public Works Agency for an amount not -to- exceed $120,000 annually in Fiscal Years 2010 -2011 and 2011 -2012. DISCUSSION The Public Works Agency continues to expand and improve the Geographic Information System (GIS). The Agency has recently completed a document imaging system, is currently working on an upgrade to the GIS viewer, and expects to begin efforts to interface the system with the City's property information network. Programming and technical services are needed to assist with the implementation of these projects. The work to be done includes assisting Agency staff with project design and set -up, programming and technical database support. Staff has solicited proposals for these services. The Request for Proposals was sent to eight qualified firms and only one firm submitted a proposal. Several consultants declined to submit proposals due to the specific technology utilized by the City. The proposal received was rated by a team from the Public Works Agency. The proposal was evaluated according to the firm's qualifications, past experience and capacity to perform the required work. The average score for the firm was 90. The rate schedule submitted by this firm is consistent, reasonable, and in line with staff's estimate. Because of the quality of personnel, experience, and competitive rates, it is recommended that Redlands Software Inc. be retained for the required services. 25D -1 Agreement for GIS Programming and Consulting Services October 18, 2010 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The proposed agreement will have a limit of $120,000 for each year. Funds to pay for services required in fiscal year 10 -11 are available and budgeted in the Public Works Administration account for contract services (accounting unit 1 01 1 7601- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: . ;'�S" � Raul Godinez I Francisco Gutierrez Executive Dire Executive Director Public Works Agency Finance &Management Services Agency RGTLC Exhibit 1 25D -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 18`h day of October, 201 O by and between Redlands Software Inc., a California Corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Geographic Information System programming and technical services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standazds as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. Consultant shall work at the direction of GIS Administrator and /or Administrative Services Manager of City of Santa Ana Public Works Agency. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and. its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25D -3 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. Consultant shall not provide services in excess of $10,000 per month. The total sum to be expended under this Agreement shall not exceed $120,000.00, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on October 31, 2012, unless terminated eazlier in accordance with Section 13, below. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create anemployer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which aze the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. 2 25D -4 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant fiuther agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special 3 25D -5 counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Public Works Agency City of Santa Ana 4 25D -6 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5654 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Redlands Software Inc. 2656 Redlands Drive Costa Mesa, CA 92627 Attn: Richard McFarland A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without 25D -7 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standazd of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, mazital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 25D -8 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 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 By: Laura Sheedy Assistant City Attorney 7 25D -9 CITY OF SANTA ANA DAVID N. REAM City Manager REDLANDS SOFTWARE, INC. RICHARD MCFARLAND President Tax ID # 33- 0676216 25D -10 EXHIBIT A SCOPE OF SERVICES The consultant shall perform consulting, design, analysis and programming services of GIS data in an Intergraph /Windows OS environment. The Consultant's services shall include, but not be limited to, the following: 1. Assisting the Public Works Agency with GIS project implementation, including: • Workflow analysis • Project design • Integration of general project data with GIS • Programming • Training • Maintaining customized software /Troubleshooting GIS application issues 2. Providing training to agency staff on data input, output, analysis and viewing on an as needed basis. 3. Providing technical support services for GIS database and related GIS software. Selected consultant must have strong knowledge of: • Intergraph GeoMedia Professional and GeoMedia Webmap and Bentley Microstation in a Windows OS environment • Visual Studio 2008 C# and Visual Basic object oriented program development, including XML, XSLT, Silverlight and SVG technologies. • Oracle lOg R2 database design, maintenance and administrative tasks • Microsoft Access database design and Access program development 4. Providing enhancements to existing Intranet web applications. 5. Communicating with GIS data vendor to provide conversion to enable importation of data into existing GIS database. 6. Providing weekly status reports on assigned projects. 25D -11 FEE SCHEDULE CONSULTANT HOURLY RATE GIS Consultant $100.00 Principal GIS Analyst $100.00 GIS Analyst $85.00 GIS Technician $45.00 Clerical $35.00 Direct Charges At cost or N/A Indirect Charges or Overhead N/A Materials or Supplies At cost or N/A Other At cost or N/A Consuttant typicatty charges its GISAnalyst in two categories: GIS Analyst 2 $85.00 GIS Analyst I $65.00 The GISAnalyst I wilt be utilized when the work does not require a GISAnalyst 2. 9 25D -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE AGREEMENT EXTENSIONS FOR THE GRAFFITI ABATEMENT PROGRAM WITH GRAFFITI PROTECTIVE COATINGS, INC. AND GRAFFITI TRACKER, INC. t CITY MAN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED � As Recommended 0 As Amended � Ordinance on 1st Reading � Ordinance on 2 "d Reading � Implementing Resolution � Set Public Hearing For CONTINUED TO FILE NUMBER 1 _ Approve an agreement extension through December 31 , 201 O with Graffiti Protective Coatings, Inc. for weekend and holiday graffiti removal services in an amount not to exceed $50,000. 2. Approve the attached amendment to the agreement with Graffiti Tracker, Inc. for software and graffiti analysis services, extending the term of the Agreement through December 31 , 201 O, in an amount not to exceed $24,000_ DISCUSSION The Public Works Agency is responsible for citywide graffiti abatement. Since 1987 graffiti abatement has been performed by a combination of City employees and contractors_ With the assistance of Graffiti Protective Coatings, Inc., the city is able to provide enhanced services such as color matching and graffiti removal from second story buildings and above. On October 19, 2009, Council approved the one -year extension of the graffiti removal services on weekends and holidays. The one -year expires October 31 , 201 O and staff recommends that the contract be extended for an additional two -month period through the end of 201 O. Since February 2007, the graffiti abatement team and the Graffiti Task Force, Gang Unit has used Graffiti Tracker, Inc. to provide software and graffiti analysis. This service expedites and increases the City's ability to process graffiti cases and prosecute offenders. That agreement ended on September 30, 201 O. An extension through the end of 201 O is recommended. Staff is recommending extensions for both contracts to allow for the time period needed to "meet and confer" with the Service Employees International Union (SEIU) to discuss contract services for the graffiti abatement program. 25E -1 Agreement Extensions with Graffiti Protective Coatings, Inc_ and Graffiti Tracker, Inc. October 18, 2010 Page 2 of 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for the two extensions are available in fiscal year 2010/2011 Graffiti Abatement program (accounting unit 06817642- 62300). APPROVED AS TO FUNDS AND ACCOUNTS= Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance &Management Services Agency RG /DM Exhibit 1: Agreement Extension Graffiti Tracker, Inc. 25E -2 FIFTH AMENDMENT TO AGREEMENT THIS FIFTH AMENDMENT TO AGREEMENT is entered into on October 18, 2010, by and between Graffiti Tracker, Inc., a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement # A- 2007 -037, dated February 5, 2007, (hereinafter "said Agreement ") by which Consultant has provided graffiti analysis and tracking services. B. In order to continue to provide graffiti analysis and access to the GAITS system, and in accordance with the terms and conditions of said Agreement, the parties wish to extend the Term of said Agreement. 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 Fifth Amendment to Consultant Agreement, the parties agree as follows: 1. Section 4, "Term of Agreement ", shall be amended to extend the termination date from September 30, 2010 to December 31, 2010. 2. Section 5, 'Compensation ", shall be amended to provide that during the extended term of said Agreement Contractor shall provide services for a set fee of $8,000.00 per month, for total compensation of $24,000 during the extended term. 3. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Fifth Amendment to Agreement as of the date first written above. ATTEST: .'.� CITY OF SANTA ANA Maria D. Huizar By: City Clerk David N. Ream City Manager APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney GRAFFITI TRACKER, INC. By: Timothy M. Kephart President Exhibit 1 25E -3 25E -4 REQUEST FOR L_ COUNCIL ACTION �� CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: ACQUISITION OF RIGHT OF WAY FOR THE OCTA AT- GRADE RAIL SAFETY ENHANCEMENT (PROJECT NO. 091745) ��t ��� �n-` -' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED � As Recommended � As Amended � Ordinance on 1 s` Reading � Ordinance on 2ntl Reading � Implementing Resolution � Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached acquisition agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney, with Far West Fairhaven LTD, a Limited Partnership, for the purchase of a portion of the property located at 1201 Fairhaven Avenue in the amount of $45,000. DISCUSSION On October 20, 2008, City Council approved a cooperative agreement with Orange County Transportation Authority (OCTA) for the Grade Crossing Enhancement Program at ten crossings in the City_ Improvements include medians, roadway signing and striping, pedestrian gates and other vehicular gate enhancements. OCTA is the lead agency for this project and the City has a 12 percent share of the costs. The purpose of this program is to enhance railroad safety and make streets and roads safer for the community. One of the railroad crossings to be enhanced as a result of this program is at Seventeenth Street. To install the improvements at this crossing, OCTA determined that acquisition of 800 square feet will be required from the property at 1201 Fairhaven Avenue. The compensation amount is the appraised value prepared by an appraiser licensed in the State of California. ENVIRONMENTAL IMPACT A Notice of Exemption and Categorical Exemption —Class 1 (f): Safety Protection Devices (ER # 2008 -1 59) has been prepared for the project and is consistent with both of these agreements. 25F -1 Acquisition of Right -of -Way OCTA At -Grade Rail Safety Program October 18, 201 O Page 2 FISCAL IMPACT Funds for the City's share of the costs ($5,400) are available in Select Street Construction, Measure M Street Construction program (accounting unit 03217660 - 66220). I Raul Godinez II Executive Director Public Works Agency RG /SA Exhibit 1: Agreement 25F -2 APPROVED AS TO FUNDS AND ACCOUNTS: � ��� ��c � 1 J �� �1� Francisco Gutierrez Executive Director Finance &Management Services Agency PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT, entered into this _day of 20'10, by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter referred to as the "City" or "Buyer'), and Far West Fairhaven, Ltd., a Limited Partnership (hereinafter called "Seller'), regardless of number or gender; WITNESSETH For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real property (hereinafter referred to as "said real property ") described as follows: All that certain real property located in the State of California, County of Orange, City of Santa Ana, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 120'1 Fa[rhaven Avenue, Santa Ana, CA 92705) Said purchase and sale of said real property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 14 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. 3. Title Insurance. City shall secure, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of FORTY -FIVE THOUSAND and NO /'100 Dollars ($45,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the Clty has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 60 days of the City's execution of this Agreement. 25F -3 The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 11 and Exhibit "C" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property up to and including the "date of apportionment" as that term is defined in Revenue and Taxation Code Section 5082 shall be the responsibility of the Seller_ 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures &equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of FORTY -FIVE THOUSAND and NO /100 Dollars ($45,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a} Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance es hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Waivers. The waiver by either party of any breach of any covenant or agreement herein contained on the part of the other shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 9. Heirs. Assis�ns, Successors in Interest. This Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto. 1 O. Times is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 25F -4 11. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to enter upon said real property at all reasonable times prior to close of escrow for the purpose of making necessary inspections. In the event escrow does not close City shall indemnify and hold harmless Seller for any and all damages to persons or property caused by or arising from City's right of entry granted by this paragraph. It is understood and agreed that for project planning and funding purposes the Seller hereby grants to Buyer and authorized agents or contractors, the right of possession to the area described in Exhibit "A -1" and depicted in Exhibit "B" to perform the work described in Paragraph 29. However, said right of possession and use shall not be exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48 -hour prior written notice to perform the construction items listed in Paragraph 29 below. The right to use the property shall continue in effect for a period of six (6) months. All efforts shall be made to complete the described work within the proscribed period of time; however, extraordinary circumstances may occur which may require additional time to complete the work (i.e. rain, labor dispute, shortage of materials). It is agreed that should the actual use extend beyond the time period delineated above, and the occurrence is verified through the contractor or City /State project inspection logs, the Buyer agrees to pay at the rate of 5136.66 per month, prorated to the actual date of Buyer's termination of use. It is further understood that in no event shall the Buyer's use of the property exceed the early of either the term of the TCE described above or the project completion date. 12. Just Compensation Seller acknowledges and agrees that said purchase is full compensation for said real property and includes payment for fixtures &Equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92702, County of Orange, State of California. The mailing address of the Seller is: Far West Management Corporation 17941 Mitchell Street Irvine, CA 92614 ATTN: Mr. Bill Bird 14. Exceptions. City agrees to accept title to said real property subject to the following exceptions as listed in the preliminary title report dated June 23, 2009 provide by First American Title: Items 1, 2, 3, 4, 5, 6,& 7, 9, 10, 11 & 12. 15. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their Agreement. Performance of this Agreement by City shall lay at rest, each, every, and all issues) that were raised or could have been raised in connection with the acquisition of said real property by Clty. 16. Compliance With Environmental Laws. To the best of Seller's actual knowledge without duty of further investigation neither Seller nor the Property complies with all applicable laws and govammental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 17. Continaencv. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the 25F -5 City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 18. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Seller and City. 19. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full force. 20. Captions. Captions and headings In this Agreement, including the title of this Agreement, are for convenience only and are not to be considered In construing this Agreement. 21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 22. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 23. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other person or entity has or shall acquire any rights hereunder. 24. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 25. At�plicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to this Agreement. 26. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall Indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 27. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 3 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: i. Remove 460SF concrete paving ii. Remove 40LF concrete planter curbing iii. 2 metal bollards (auto stops) iv. Remove 350SF irrigation system v. Remove 350 SF landscaping (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and /or refurbish the following improvements located on the Property: Re -work irrigation system Relocate gate entrance card reader 25F -6 iii. Construct retaining wall. Obtain necessary plans, permit and approvals. 28. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement_ The parties have executed this Agreement as of the date written below. SELLER: FAR WEST FAIRHAVEN, LTD., a California Limited Partnership By: Far West Partners, a California Limited Partnership By: <� !— Dated Richard W. Silver, as Trustee of The Richard W. Silver 1988 Living Trust Its General Partner By: Richard W. Silver, as o The Richard W. Silver 1988 Living Trust, Its General Partner CITY /BUYER: CITY OF SANTA ANA BY: David N. Ream City Manager ATTEST: BY: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney BY: Jose Sandoval Managing Senior Assistant City Attorney 25F -7 Dated Dated Dated �! —2l — /c7 Dated � �Z'���y ).ar:a, auoo f.'.XI-11BIT "A' 1.EOAI_ DESCIRIf''rION TI-IA'f 1�(7R7 "10IV Or' P/aRCL=1- 2, IN 'rl -IF .C:I'1'Y 01' (iAN'1 -A ANA, COIIhITV OF" 0(iANGr_',- b'1'ATf =. OF CA1.11=URNIA. AS SHOWN A -MAF• FILED IN [)OOZE 3 %, f•AGI: d� Of' f'AI:CFL MAf�S, IN THE -: UI`�1'ICL' OF - I'1-IE COUNTY RCCOI't17f -;R Of° SAID COUIJ'fY, UL'3CIi l4)LO A�' 1=C)Ll -OW S: QrS01NNINC3 A'f 'fi-IE iN- fL'IiS @C'I'lON OI' THE 9i)ll'I'I•IWF_Si' 1 -INk: OP SAID 1'ARCf_l. 2 ANf) � '1'1•il: NORI'I -1 LINE OF FAIRI-IAVCN AVLIJUE (6U FL'L•'1' WINE) AS OESCRIBIR IN '1'1•(G UEF_Ij ' l -O '1'IiG CITY OF SANTA ANA, RGCOriIJED ,llJl_Y 0, 1071 dN H0014 0710, PA(JL 11t, 01= C)Fl=1CIA1. RLCC)ROS Or• 9/(10 GOIIN'rY; 'r IiF:WCG AI_UN(i TIiL NOR)'li LING OF S/UD UEEO `JOIITFI 00 °02'04" EAST Ofl.22 1 =EEs r; "fPILNCf.-: Lf_AVINO flAIU NORT{i LINO: NOR7'ii 00'0T ?.7" WE3)' 9.0d F[E'Y '1'O THE 17G- 'Ci1NNINCa OF A Cl1RV1 [:UNL'AVE NOItTH1eASTl' -12LY ' I•IAVII•Iq A IiA01113. 01= 02.00 1 °EF "1 -; '1'FIEIiCF.. NOR'fPIWEJ'l9:fi1_Y 4tl -%% 1�15ET ALONq SAID I:VRVE 'f'I- IROUl31-1 A CENYRAI_ ANOI_L OI� 20'O%'3ti" 70 l'I•IE riECi1NNIN0 OF A REV ER3L CU}ZVG OONCAVI� SUl1Tl•IWC- STEr2LY I-IAVIN(i A RAI:)IUS OF 40.00. FEET, A RADIAL BFAFLINC3 'fii1 ;000911 SAID hUIN'I' IiBAf(S NURl'l•1 37'00'14" ! °_AST; '1'H LNCG NOfi'1'HW13:3'fL "RLY "3%.40 FEL "i'I' AL.UNC3 3/VD CURVE ThIROUgii A UGN)'RAI. ANgLL^ OF 44 °4'L'4(W TU TIiF_ SOUI'FIWI''_Sl' LINIc OF SAID TAIiCGI. 2, f)GINCi A POINT ON A NONTAfJGF WI' Cl1RVP_ CONCAVE SOUI'IiW f_S'f L =1 "tLY IiAVINO A RAUIVS OF i4Q2: @D f•'EI_'1', A RADIAI. BEARING) TO SAID CURVE= llEAf(S NORTH Lti ".i f'21` L.A(iT; '1'HLNCL= SOUl'HL "'A.� I'ERLS' '[7.A4 1= F_E'1' ALC)NCd SAID (:URVE 'f[- 11201101.1 A (,ENTI2AL ANC)L C: OF 00'40'2G "'f0 )'1 -11. f'OIN'I'OF BL= CiIIJNING. ' CUN'1'AIf11NG 0011 SC)UARF_ FEET, MORE: OR I.F_S5. AI_I- A.S MOf2j f�AfiTICL11.A121_Y SI-IOWhI ON rX1i1BF1' "li' /(1')'ACI-if?D• IiEf(F•'1'O ANl) MAOC A PAfi'f I�IEI2F_U1=. OATIFJ7 'f1 -113 23'1D OAY OF Jl1l.Y, 200£1. I ��' W � �-� GWIFJJ- V1:f2A OC-1. (:AS'fIL1.0, 1x1 4 lN�OU �.' +� 1., 5, 5100 rU A fifd(]ISTRAYION F'XPIRL =S 0/30/11 u'y GkP. G /:SO /)i ```� ' �.,��. c4 ., of ..0 A\. �F' J>; I V/M.0.4r \n„p, Auu f /1.._yl`I.�$ 25F -8 Cwux c.r.vYLK, Ilse. h,M ]),4COD EX9.1101}' "A.1" 1.4� :AI_ DI ?SCRIN'I'ION 7CIWF`OIiP.RY CON`3TRIJC)'IOM Ic•A.SfdA1L ?N'I' ll -IA'1• F'UI'ff1UN OF PARCL:1_ 2, HJ 'fHF. CITY O{' :)AIJ'fA ANA. COIJN'1'Y OF ORANGE, S "fAY'L' OF CALIFURNIA. AS 3hICJWIN A MAP I >II•G -17 IN ROOK;! %, YACIL' 41 OY 1'AfiC1E1_ MAPS. IN )'1 -IIE OI =FIGG OF TIiG GOON TY RGGUROI?R OF SAIO�C.UUN'rY, DEJERIg150 A:i FOLLOWti: 00MN113NCINt: AT "rP113 RJ'1 "G-ICSI_( :'PION OI% 1'1•IG 3U1J3'hIWES`T LINL " " - OF SAI{9 1'ARICEL 2 AND Y'1•IE NUR "fl•I LINE: OF FAIRI•IAVEN AVENU(5 (fi0 I=F_E'I' WIDt) A i 17E(SCRIDh_D IIJ TPII L)EEO '1'U 1'HL" CITY OF 3AN'1'A ANA, Rf= COIiDEO .IULY 0, 1DT1 IN DOOI< OY10, PAGP_ 1 11, OI' OI'FICIAL REC0120S OF SAIL? CUIINT Y; TFIENCE ALONG 1'H6 1`lUR }'1•I LINE OIT SAID g1eE0 SOUY'FI BO "02'Od" C -AST 09.22 f= E1 ?'I' Y'O '1'IiE Jlj�l �•.j'S ?IxlY_ UF" LiHOjNNIN Ca; 'fNENCE LCiAV11J(. SAID NURI "H LINT- (JORTH 80 "O% J1" WL " "S•I' A_0d FEEL' TO YI•If= DL- :GINNING nr A CVRVI C "ONCAVE NOIZ'I'IiGAFi'I'f_FU.Y 1•IAVIN(3 A RADIUS OI' 02;OU I'EET; 'fl- Ik'N(:E NORTFIWf_3'I'f:fil_Y d0.7% F'Ei.T ALONG SAID CURVR }'1}ROl1C3F•1 A Cf_N'I'ItAL ANGLE OF 28 °0T3G" YO '1'I -IL" B15t3:INNING OI' A R!'.VCFMa'1� CURVE OONOAyE SOU'CIiW(;El'CRLY 1-IAVIIJO A RADIUS OF AO.OU F13R "T, A RADIAL DLSAIi1N0 'fFIF:0U121-1 SAID 1'OIN)" DEARS IJORTN 31 °00'1 d" 1oAS "f; 'I'HENCL h1UR'fhfW L'Sl'f IZLY 3%.46 1=L =C'f ALONG BAI4 4'lIF2VFi YI-IRUUGIi A C.LNTRAI: ANOLl" OI' dd'd 2'AO "'1'O 'l'I -1E (iUU- IT11NF'SY' 1_INf- Of- SAID PAR[; I ?I_ 2: fiEING A POIIJ'1- ON�A NON'I'ANOEN'f ClH3VE CONCAVI3 SOU'1'1-IWL= .S'I'L "RLY IiAVINO A ftAD1US 01= 1d0'L.00 F'EE "1', A fiAOlAI_ 13E:A121NG 7'O SAID C:URVF_� DISARS NOIYI'fi 05'ti1'2 i" L "ASi -1'; "CI-IENC;f_ NORTI•IWFaSTERLY fi.OY F[L',T ALONG SAID GURVE TIi12QlIC�H A GCN'f tiAL ANGLE 01= W °S 1'd li" l'O A h10NTANOL;NT Cl1liV13 CONC=AVE h)OUTFIWF ?S'1'C'Jil_Y I-tAVINC3 A RAOlU9 OF 01.OU Flcl`T, SAID Cl1RVE- IS CQNC14h {TRIG Wffl-1 .AND 5.00 I °EE7 NOIZ "1'1- IE•A'JT6RI.Y OF 'f FIE ALiOVC-: MENI'IUNf'D CURVC HAVING A RAOIl1S OF d8�.0U YL "ET, A IiAD1AL DEARINI?. 7'O DAIU ()IJRVl3 I)t:ARS NOR -f F1 12'd7'10" Wk?S "f; 'THENCE ;)oUTI•If_ASTEIiLY d0. &1 F! ?CT ALONG BAto CURVL• 'fWROVGH A CENTRAL AN(3t.F OF �d3 °d%'32" 'f0 TI•If? 13F= GIDINIRCU OF A REVCRSE CURVE CONCAVE NOR•fl•ILAS)'ERI_Y I•IA1WG A RAUIl13 OF 07.00 FECY', A RAD1Al. Df_ARING 'fHIZOUGH E3AID POIN -f OF "cARt: NOR'fl-1 31'00'td" LAST; 1'HL NCL" 30UTFI Flt`. +'fL•RLY dd.23 FF_ET ALONG SAID CURVF? 'f 1-IR0003Fi A CI_Nl'RAL ANGLE l9F T_tl•O %'9[I "; TIiENCC 80U7'hl OU °07'21' C'Ati'f 14,70 Pl'sE'1'; l'1-IENCE SOVTI-I 00'07'00" WEST d_H2 FtEY' Y'O 'fHE NOR'I'1-i RIOIi'1' OF WAV LINFY OF F "AIRIiAVGN /tV1= NIJIS; 'fl- IF..NCF ALONG SAIU RI(i I'1'f Ol= WAY LINL -: NOR'fFl OD'02'Ud'�WE3}- (iA01 =1 =ET 1'O 'fl•Il )'RUF- f�O1N'f Of•' DL +LdINWIN(a. CUNI'AININC, d9D SOUARE l =EftT, MORE OR 1_CS:i• A1.1.. A,4 Iv10RL" f'AIZ'fl( :lll_ARI_Y:)IiOWN ON kXl- IIUI'I' `lY" ATl•ACI-II:D IiF 11L =}'O AfJI� MAD[: A nAlrr liraleor•. .; UATEU Th11S 2310' DAY OF JUI�/, -7.00 D. �(�� ° °(7 t. ANb �..S - - ,�/U�iYI!VCriL��� /l G�.�YV�- C�ltt•• c�' �I� ��� °% D \NEN -VCRA DG "L CA0Y11.1.0, Pls 0100 ••� t'J 1..5. 91UU� �L� 'i RL- ::f- i18TRA'fION F_XI'll'�ES (i/;iW1 7 `^� E,XP. 0/30/11 a� IK If1A.6•)�M tiw.m nlw 1=11 \••MC:1: ] 1 25F -9 -- -- _____._.._�..� —. �._` __ �— ._.---- �- �-- ��a.w.._ ...- -. --- �._AdMCOLLV AYP:MIIG -- _ �� � �i 1 1 G of �q tr{ .� A: f. & 6.f'. fi.fi. i S'j, ItIW� I � 1 �ge A.}', 8 8.f >. li.fi. _... -- ._.....____. .. __.... .- �. 1� U - ..... ---" ({gg 3 13fW .;Y Ki 1 �� �. _ �wy� nIl� �� � II•U ��� •. - -(i• Cr l.. 1 �1 ,_ GW) aa� _i �� /� <_� � ^� { � -• „i 1 -• 1 1' C7 \ { >l /. as 4J w �ImNI -' ti N O) C� caw >Nra .n N���� U w m v .f> V> [•1 e e••• e 'rC'.>LN•Y,{�(y1 t v>.o SA ov GD [*1 000 ll) I �J4i' 1 —1 b C-1� +J woo I 1 1• ��GN � >y OI>IOOO � J �I h) �> h) WNg1�a7b1 .I =1 :S >l as 'J N(n t�NO t 1—qa m .� 1-1 .M1 I IN �1 l•�bI �LJ ' 30' � 3W ��yy`- �i .1� � 111 4J N7J�iN1`I c• -{ N W.y .Ir m ul ua ua f-! ( CJO •+.1 1 C+ � � c? trl N rR .Iw -d 7 1 3 =11- -• W iaa u) �1 Iq I � N _ -(F_, tyAS7W(�f�AV1NyL __• .._ ... _. I :ron n: �Itii -oao I_ _ __ _ __ �Ye: n�iio _Lill- }113iT'IE3" L�C7.�l.5'%"��uavcvlNO,lNO.- � � �.__�_._... blli1`CA�� ...� � lilOH7 01� WAY d iCMPAM(iY CON97RI1CfION P.AIiGMFNi ari °w>��iYp w° ..'..r''�- _ nl.nl\ -� a .._...._.� 25F -10 . I EXHIBIT "C" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business In the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no prorations of any existing insurance policies in this escrow. You era to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow_ If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $1 0.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same affect as if it were the original, and elf of which taken together shall constitute one and the same instruction. 25F -11 25F -12 When recorded, please mail this instrument and tax statements to: Clerk of the Council Crty Of Saata Arra 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Pree recording requested by THF. CITY OI� SAN "rA ANA PF.R GOV L:ItNMENT COnF.. SGCTION 6 i O3. SPACE ABOVE THIS LINE POR REC:ORUL3R'S USE ___,. CANCEL TAXr:3 X APPROVGD AS TO FORM aV ATTY. APPROVED 9Y DIRECTOR D65C[LIPTION \VIVTTT+N aY DESCRIPTION CIIL+CKC0.0.K. ASP. NUMnGa J90 -TOIAS RAV MAP NVMEER PROI[K:T NUMOEIL PoRion M 1201 Fnidlavcn Avcnuq Snnla Ana, CA DGGD NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Far West Fairhaven, Ltd., a Limited Partnership Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, easement for public right -of -way purposes in, on, over under, and through the real property in the City of Santa Ana, County of Orange, State of California, located at 1201 Fairhaven Avenue, described as follows: SEE EXH181TS "A" AND °B° ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Far Wcst I�airllaven, Lld., a California Limited Partnership Hy: Far West Partners, a �alifon[ia Lilni[ed Partnership By: Richard W. Silver, ns Trustee�fThe Richard W. Silver 1988 Living Trust Its: GeneralrPartner Dated: �O�%�1 - 2� 1 /��O State of California County of OP�A7J�F B y: By: Richard W. [leer, Trustee of the Richard W. Silver 1988 Living Trust•. [ts: General Partner On _s�'p'� 2� f � (� ,before me, ��� S'�i A/(KT a Notary Public, personally appeared {ZtGN"A'R- ttV IC.V who proved to me on the basis of satisfactory evidence to be the person(errwhose name(ej is /ate subscribed to the within instrument and acknowledged to me that helsbc executed the same in hisfkierftheir authorized capaci the instrument the rson bf+ee�. and that by his/taetYltteir signatures) on pe (aj, or tha entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. t>tct�Iti�E MAY WITNESS my hand and official seal. CarmilNlon � 1Hti8g2 Not�r Puibue - t:tWfoflil� lhoi� Cowigr Cariim. Ma 9, 2018 + Signaulrc (7'hfs nren jor a,1f'iciu/ nofury sang M 1 TAX 3TATHMENTS AS DIRECTED ABOVE 25F -13 )blv j, \, IIM14 cxrnarr •'n" I_EGN_ DL•SCIi1P'1'ION '1'li %� f 1 °iOI <YION 01= 1= 'AfiCfil_ 2, IN '1'1.11'_ Cli'Y qf- 3Ahff %1 AIJh, (.)Cri1M'fY OF OftANGC, a'I'AY13 OF CN.11 =pP(N Ih, AS '31-K)WN K MN -' I'I1.13D IPI faUCM( 3%, f- `A[31d -" 5) OF PN2CF31_ MAPS, IN TI-If - -. OF1=1C;L= OF 'I'hlt GOUN'1'Y f2E•UOItDER OF SAID COVIJ'1'Y, DL "5CRIa1_U A!i FOLLOW 3: OGGINNING Al" 'f1iE IN'fLRS@C'1'ION OI� '1'HL-: SOU'I'1-IWISiI' 1_INL'c OF SAIfJ YAItCfL 'J. ANO '1'hIL: NORI'1•I LWt3 OI° T -/V RI-IAVt�N AVL'-'Nl1H ((f0 f=kLil' W1Ufl) A6 OC!)CRILIL•U IN "ff-IL -' ULFtD '1'U '1'FIF CITY OF FShN"I'A AMA, F(L ?C:IJIIDLO .IUI_Y D, lU %1 !N IJOOK U %1U, f °AC�L: 1'I1, 01= UFI'IClhl. RICORUS Of $A7D COUW'1'Y: 'f I-IFNCIc ALONG 'I'FIG NOR'1'1.1 LINTS OI° uhlD DtGQ SOIJTW U51 °02'0.1' EAST 1)51.22 I =Li_T; 'flit ?NCI' l.fiAVINCd Eh1D NORTI•l LINE -: NORTI•I B11"OY'2'1" WF.:lif 0.04 F'f_E'Y 'fO "fHC LiCcCiINNINCI 01= A Cl /RVIi (':UNCAVL NOI -t)'hl l "ASl'L'RLY HAVIWG h I @AUg15 UY f)7_.W {�L °.k'f; '1'1•IENGF_ NOR'fl•IWES'ffcfil_Y •10.%7 l�le(T ALONG SND t:URVE l'FIf(011<�I•I A CCNI'IiAL ANGI.IS 01. 2B °U %'9S" TO 1'1-11: aEEGINNIN(3 Of' A {iLVERSC CURVE CUPI(:AV1 $UUTIiWESTLfiI.Y 1-IhVIN<) A RADIUS OF' 40.W. f•CET, A 1'iAD{AL UF'_'AhtING - 1'I�INOUC91i ^a111U POINT UCi AftS NOR'I'FI :1'1'00'14' GAF>T; TIiL•NCG MOliTWWtlS I'ti RLY S %A0 1'L9G'I' Al.ONG SAIU CIJRVL' ) "hIROUGI-1 A CL "Nl'RAI. hNGL15 OI° 44 ^•12'4(1' TO )'1.115 uC)Ul "hIWIsS'f I_IN15 Of SAID hhliCFl. 2, I)C:INO A PAINT ON A NOtJTAWCI:J`I'1' CURVE CONCAVE= SOU'I'!-NVf_Sl'LRLY I-1hVINO A RAL)IUS OF 14A2.IY1) FCI�'f, A RAOIAI_ IlEARING 'fO :SAID CUfiVE af3Nil3 NOFtI'1-1 UK °Al'21" 1= Afil'; THIiNCL' l3UIJ'fl- II�hS'I'L "IYI.Y 1%.44 I'1_ET AI.ONC.' £A(U Cl1RVl.i �1'1•If(U11O1-1 A C[N1'RAI_ AMOL@ Of•' tXl °4 U'20 "fO - I "I�IIE PUIN'1' Uf= UISC INFIINC°. CONTAINING OOU SUl /ARE Fl:fa'. H101tli OR LGS:S. N.1. � MARL PAR'1'ICULARI_Y £I•IOWfl ON F..Xlilalf °!1' A'I "I'ACI-If.40 NEf(F•l'O ANU tNA17£ A 1'•hR'f I•II_RI_Uf. OA71ED TI-11.4 23 °O l)AY Off JULY, 2UOU. GW1=N -VL:RA UC-1_ (:AS'fILl.O, I'1_S IS1UU Rf_GISI'RA'1'IUN EXI'IRLS UlUU/1 i �t: l am�� �� <V' ,om wnn r• tiv.vrl: x 25F -14 M•1 hNl) "° Ewa -•'or_'L ,r�4� 72�ah � r• ^ �� �' � I..s. 010tl �� VY C: XI °. 0 %1011 •i`i ���� 5 L•� i fll r (\ ci ��� ai ...._. .._ ft_aJJ9COLN AVl=s1lJ�+.._ _ fiA•V 1 i � - - -i. 1_Y;_ 1 -__ IJcI nrov 1 47 fr (il #7 r � iJ' �� c., Ib -.. ,_. FFL 1 -• o \tl to .A w W �1 m N (-• � lii ��-X 1 ds N o IP N }S_�J Y$� � N X Vl ! � W <J 4! t0 t7 .n 4> E! W C' W w w � J i 1 ��ti C� e . . o • 000a. >oo��V 1 -• .n U Ns .n o 1 ,7 e e w a w 11 �� 1 -• J �.L CJ N �r Its C) pl 4 0 U 1 I �( �I AJ �l IJ � 1 .la W Vl N Its W .. .. � .. G7 VI N 41 0\ O Ur N (A U N tp 1 11 �� A A 1 SO' � 3U' Is O �I l +J M til L +l ( 7 � of vl oa � .n to El H N W � I N W N I -1 1' W W W as1 y .m �n• vl ; wua7 anq �� ..1 tO �JWN % i 1 [ J 1 l� hi •�I I j W .n p^ �1 h1 .a 1 IN .- �,13A3TW!001;1 AVfNUL.._. ... .... Vtymg _,_ V....._ _ — 11 11 _�.- __...� m(_ � ' RIOT R OF WAY t<TEMPOI WiY CONB7fU1CT10N FJ1U @AfEN'f 25F -15 f4 .. � -.. ---- fuW K� Cu> � =1 ��'.. .�.� �f>3I nl • V W �i �U INC. 1 1 I 1 25F -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: ONE -STOP OPERATOR AT THE SANTA ANA WORK CENTER FOR PROGRAM YEAR 2010 -2011 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended 0 As Amended 0 Ordinance on '18S Reading � Ordinance on 2 "' Reading � Implementing Resolution � Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an extension of the One -Stop Operator Memorandum of Understanding with the Santa Ana WORK Center for program year 2010 -201 1 . WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of September 10, 2010, by a vote of 19 :0:1 (Carter, Didion, Korthuis, Lin, Martinez, Nazeri, Pina, Ray, Saldivar and Tucker absent; Gebre abstained), the Workforce Investment Board recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute an extension of the One -Stop Operator Memorandum of Understanding with the Santa Ana WORK Center for program year 201 0 -201 1 . DISCUSSION The Santa Ana W /O /R /K Center was awarded a contract in June 2001 as a comprehensive One - Stop operator. A Memorandum of Understanding between the Santa Ana W /O /R /K Center and the Workforce Investment Board (WIB) was approved by the WIB in January 2002. The WIB is responsible for evaluating the performance of the Santa Ana W /O /R/K Center on an annual basis and has recommended extending its agreement each year. The federal government has not reauthorized the Workforce Investment Act which expired in 2003. Therefore, the authority to operate the center has been derived from a continuing resolution approved by Congress each year. Due to lack of legislation reauthorizing the WIA, the State of California has also continued to give the local workforce investment areas approval to continue to operate each year since 2003. The WIB has chosen to follow the lead of both the state and federal governments and has recommended that the Santa Ana W /O /R /K Center continue to operate as a comprehensive One -Stop until such time as the WIA is reauthorized or replaced. 25G -1 One -Stop Operator PY 201 O -1 1 October 18, 2010 Page 2 The performance results for the Santa Ana W /O /R /K Center are reported to the Board on an annual basis with quarterly updates provided as the data becomes available throughout the year. Santa Ana met or exceeded all of its performance goals for Program Year 2008 -2009 as follows: Adults Entered Employment Rate Retention Rate Average Earnings Dislocated Workers Entered Employment Rate Retention Rate Average Earnings Proposed Goal Actual 79.4% 75.72% 82.5% 76.85% $12,000 $13,086 Pror�osed Goal Actual 79.0% 66.95% 87.0% 85.9% $14,000 $14,703 The Santa Ana W /O /R/K Center will submit a new participant plan and budget for PY 201 O -1 1 for the formula funds as well as any remaining American Reinvestment and Recovery Act (ARRA) funds. If the Workforce Investment Act is reauthorized or a new law enacted, One -Stop services will be procured to ensure compliance. FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nelso Deputy City Manager for Development Services Community Development Agency CJ N /LS /DS /kg Exhibit: 1. MOU 25G -2 EXTENSION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA, COMMUNITY DEVELOPMENT AGENCY (W /O/R/K CENTER) AND THE SANTA ANA WORKFORCE INVESTMENT BOARD I. PARTIES: This Extension of Memorandum of Understanding ( "MOU ") is hereby entered into on 2010, by and beriveen the City of Santa Ana, Community Development Agency, and its W /O /R/K Center ( "W /O/R/K Center ") a One -Stop Operation, and the Santa Ana Workforce Investment Board ( "SAWIB "). Each of the One -Stop Partners has signed an MOU with the W /O/R/K Center describing its specific responsibilities at the W /O/R/K Center. II. DURATION OF AGREEMENT: The initial term of this Agreement began on July 1, 2001 and may be extended through the mutual exercise of an option by the parties on an annual basis, unless terminated by either party with thirty days written notice to the other party. A copy of the minutes from the SAWIB meeting regarding the extension of this MOU shall be attached to this Agreement along with a copy of the W /O /RlK Center's approved annual budget and participant plans. The term of this Agreement shall cover Program Year 2010 -201 1. III. PURPOSE: The purpose of this Extension to the Agreement is for the Santa Ana W /O /I21K Center to continue to provide a comprehensive One -Stop Center in response to the "Request for Proposals /Business Plans for One -Stop Service Center in Santa Ana" ( "RFP ") released on March 19, 2001. IV. RESPONSIBILITIES OF W /O/R/K CENTER: The W /O/R/K Center, through the combined efforts of the W /O /R/K Center partners which include the Employment Development Department, Orange County Social Services Agency, Rancho Santiago Community College District, Santa Ana Unified School District, Goodwill Industries, Santa Ana College, State Department of Rehabilitation, ,City of Santa Ana Economic Development Department, ROP programs and several other agencies, shall provide the community with a variety of informational employment and training services based on individual needs. The responsibilities and duties of the W /O /R/K Center are set forth in detail in the "Proposal/Business Plan" response submitted by the W /O /R/K Center, dated April 27, 2001. The W /O /R/K Center will submit a new Participant Plan and Budget for Program Year 2010 -11 for the formula funds as well as any remaining American Reinvestment and Recovery Act (ARRA) funds. V. AUDIT: The W /O/R/K Center agrees that if it receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, it shall ensure that the City of Santa Ana includes the WORK Center in its annual audit which shall be conducted by a certified EXHIBIT 1 25G -3 public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. VI. PROHIBITION FROM DISCRIMINATION: The W /O/R /K Center, and all One - Stop Partners are prohibited from discrimination on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief. VII. FUNDING: The SAWIB anticipates allocating Workforce Investment Act funds to the WORK Center for the operation of the One -Stop Service Center each funding cycle. The W/O/121K Center's Business Pla.u/Proposal shall remain in effect until such time as the SAWIB selects a different one -stop operator. VIII. MONITORING /OVERSIGHT: The SAWIB and its staff reserve the right to review and monitor all services funded under this MOU and the RFP. This includes all records, documents, polices and procedures or other data or documentation requested by the SAWIB, the State of California's Compliance Monitoring Section/Compliance Review Division and the Department of Labor. The W /O /R/K Center Director shall be responsible for internal monitoring of its programs, services, cash management, procurement, and property inventory as well as the monitoring of any services, programs or projects that are contracted to program operators and/or consultants. All WIA funding received by the City of Santa Ana will be included in the annual audit completed by an outside auditing firm for the City. 17K. PERFORMANCE GOALS: SAWIB shall establish annual performance goals for the W /O /R/K Center for adults and dislocated workers based on the common measures established for the Local Workforce Investment Area (LWIA) Said perfonn.ance goals shall be renegotiated between the parties hereto once the SAWIB has negotiated with the State for each year. X. GOAL TRACKING: All partners in the One -Stop Delivery system have agreed to work toward the development of common performance goals and measures that will be in alignment with the stated goals of the workforce investment system. The W /O /R/K Center will work very closely with the local business community to assure placement goals will be met. The W /O/R/K Center will collect feedback from employers, analyze the information, and implement strategies for improvement. Further, in partnership with the Santa Ana Economic Development Division,. XI. DISPUTE RESOLUTION: The parties hereto shall first attempt to resolve all disputes informally at the lowest level starting with the site supervisor and staff. If dispute resolution is not accomplished, any party may call a meeting of the parties to formally discuss and resolve all disputes. Should the parties fail to resolve the dispute, the dispute shall be referred to the Chair of the SAWIB, who shall place the dispute upon the agenda of a regular or special meeting of the WIB'S Executive Committee. The Executive Committee shall mediate the dispute and shall have final authority to resolve the issue. XII. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in full force and effect. 2 25G -4 XIH. MODIFICATION/TERMINATION: This MOU, along with all exhibits thereto, constitutes the entire agreement between the parties. This MOU may be modified, altered, revised, extended or renewed by mutual written consent of the parties, by the issuance of a written amendment, signed and dated by all parties. Updates to the budget and goals shall be made annually by the W /O/R/K Center, with approval of the SAWIB. Participation in this MOU may be terminated by giving no less than thirty (30) calendaz days' prior written notice of intent to terminate to the other party. XIV. ASSIGNABILITY: None of the duties of, or work to be performed by, any of the parties hereto shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of each party hereto. All subcontracts and other agreements that relate to this MOU must be submitted and reviewed by each party hereto. XV. RECORDS RETENTION: All accounting records and evidence pertaining to all costs related to this MOU and all documents related to this MOU shall be kept available for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this MOU, or (b) costs and expenses of this MOU to which the W /O /R/K Center, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. The W /O /R/K Center shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three -year period from and after the effective date of this Agreement. XVI. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The One -Stop Partners and/or the SAWIB will disclose to the City any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy -four (74) days of invention, development or assembly. The City, State of California, and U.S. Department of Labor (DOL) will have the right to patent any invention and copyright any written product or computer program or data generated by any of the One -Stop Partners, subcontractors, and/or the SAWIB. Upon written request, all pertinent information, specifications and right, title and interest shall be transferred to the designated agency. Each One -Stop Partner shall be notified of the City's requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under any contract with the W /O /R/K Center. XVII. INVENTIONS, PATENTS AND COPYRIGHTS A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the One -Stop Partner /SAWIB shall report the fact promptly and fully 3 25G -5 to the CITY. The One -Stop Partner /SAWIB shall report the fact to the Grant Officer at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Convright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright -able material is developed in the course of or under a DOL Grant or agreement, the City and the author that developed the work is free to copyright material or to permit others to do so. The One -Stop Partner and the SAWIB shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves aroyalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support; and (c) Each One -Stop Partner and the SAWIB shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the City shall have unlimited rights to any data first procured or delivered under this Agreement. XVIII. CLEAN AIR/CLEAN WATER: If the grant hereunder exceeds $100,000, Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ( "EPA ") regulations (40 CFR Part 15) as any may now exist or be hereafter amended, must be adhered to. Under these laws and regulations, assurances will be made to the following effect: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) Notification will be made prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; (c) Notification will be made to the CITY and the EPA about any known violation of the above laws and regulations. 4 25G -6 All parties are in agreement with this Memorandum of Understanding and will implement it as herein stated. Cynthia J. Nelson, Deputy City Manager for Development Services City of Santa Ana Date Lee McMurnay, Chair Date Santa Ana Workforce Investment Board APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney BY: Lisa E. Storck Assistant City Attorney 5 25G -7 MINUTES OF THE REGULAR MEETING OF THE SANTA ANA WORKFORCE INVESTMENT BOARD September 10, 2010 CALLED TO ORDER RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT EXECUTIVE CONFERENCE ROOM 2323 N. BROADWAY SANTA ANA, CA 92706 8:08 A.M. ROLL CALL BOARD MEMBERS Present: LEE McMURTRAY (Chair); BRENT BEASLEY; BEN BLANK; ROB CLAUDIO, MARYANN CONWAY; LEE DE LEON (departed 8:57); NIKO EVERETT; EDUARDO FIGUEROA; BOB FISCHER; TEFERE GEBRE (arrived 8:12); ANA JIMENEZ -HAMI; MARJORIE KNITTER; GREG LEWIS (departed 9:18); DONNA LIN (arrived 8:17); GEORGINA MALDONADO; ERLINDA MARTINEZ (arrived 8:44); ERNESTO MEDRANO; ROBERT RUIZ; STACEY SANCHEZ; DANIEL SOLKAMANS (departed 9:20); DANIEL SU (departed 8:58); ANDY WADHERA (departed 8:42) (21) Absent: PATRICIA CARTER (UE); JOHN DIDION (E); PATRICK KORTHUIS (E); MARYAM NAZERI (UE); OCTAVIO PINA (UE); BUDDY RAY (E); TERESA SALDIVAR (UE); BOB TUCKER (E) (8) Staff present: Linda Summers; Deborah Sanchez, Carlos de la Riva, Julie Castro - Cardenas, Sylvia Vazquez and Karen Gerardo PRESENTATION Norm Bour from OpisNetwork presented a PowerPoint presentation and provided handouts on the 100 Businesses, 100 Days Initiative update. WIB MINUTES 25G -8 September 10, 2070 CONSENT CALENDAR MOTION: Approve the following Consent Calendar Items 1 -4: MOTION: Claudio SECOND: Figueroa VOTE: AYES: McMurtray (Chair), Beasley, Blank, Claudio, Conway, de Leon, Everett, Figueroa, Fischer, Gebre, Jimenez -Hami, Knitter, Lewis, Maldonado, Medrano, Ruiz, Sanchez, Solkamans, Su, Wadhera (20) NOES: None (0) ABSTAIN: None (0) ABSENT: Carter, Didion, Korthuis, Lin, Martinez, Nazeri, Pina, Ray, Saldivar, Tucker (1 O) Items removed from consent calendar for separate action or modification will be highlighted, if any. Separate actions show the actual vote, when applicable. Items without votes are adopted as part of the consent motion. 1 �� 3 4. WIB MINUTES ADMINISTRATIVE MATTERS MINUTES OF THE REGULAR MEETING OF JULY 15, 2010. MOTION: Accept Minutes YOUTH COUNCIL APPOINTMENT MOTION: Appoint Mr. Andy Wadhera, President of CALTREND Automotive Products, to the Santa Ana Youth Council as the Private Sector Representative. EXCUSED ABSENCES FOR THIS MEETING TO BE RECORDED MOTION: The following Board members were excused from this meeting: Didion, Korthuis, Ray, and Tucker. EMPLOYMENT DEVELOPMENT DEPARTMENT —LABOR MARKET INFORMATION MOTION: Receive and file. * ** END OF CONSENT CALENDAR * ** 2 25G -9 September 10, 2010 BUSINESS CALENDAR 5. ONE -STOP OPERATOR FOR PROGRAM YEAR 2010 -11 Motion: Recommend that the City Council approve the Santa Ana W /O /R/K Center as the comprehensive -One -Stop Operator for Program Year 2010 -11 and request a budget and participant service plans for Workforce Investment Act (WIA) formula funds be submitted to the Employer and Customer Service Committee on September 28, 2010. MOTION: Claudio SECOND: Sanchez VOTE: AYES: McMurtray (Chair), Beasley, Blank, Claudio, Conway, de Leon, Everett, Figueroa, Fischer, Jimenez -Hama, Knitter, Lewis, Maldonado, Medrano, Ruiz, Sanchez, Solkamans, Su, Wadhera (19) NOES: None (0) ABSTAIN: Gebre (1) ABSENT: Carter, Didion, Korthuis, Lin, Martinez, Nazeri, Pina, Ray, Saldivar, Tucker (10) * ** END OF BUSINESS CALENDAR ** WORK STUDY SESSION YEAR -END PARTICIPANT REPORT FOR PY 2009 -10 Carlos de la Riva presented a PowerPoint presentation and provided handouts summarizing updates on the Workforce Investment System, Integrated Services Model (Learning Lab), ARRA programs and accomplishments for Program Year 2009 -10. COMMENTS 6. PUBLIC COMMENTS Rich Greger from EDD invited the Board to attend the Veteran's Day Recognition Flag Raising Ceremony and Job Fair on November 3, at 8:OOam to be held at the train station. 7. STAFF MEMBER COMMENTS -None WIB MINUTES 3 September 10, 2010 25G -10 8. BOARD MEMBER COMMENTS — Erlinda Martinez handed out a welcome reception flyer introducing Rancho Santiago Community College District's new chancellor, Raul Rodriguez, Ph.D., to be held Tuesday, September 28, at 3:OOpm, at Santa Ana College. Maryann Conway mentioned that the Department of Rehabilitation moved their office to 2002 E. McFadden Avenue, Suite 100, Santa Ana CA 92705. Eduardo Figueroa welcomed Niko Everett and asked her to introduce herself to the Board. Niko Everett introduced herself and spoke about California Career College, which she represents as its president. ADJOURNMENT — 9:31 a.m. Karen Gerardo, Recording Secretary Next Meeting: November 19, 201 O at 8:00 a.m. Rancho Santiago Community College District 2323 N. Broadway Santa Ana, CA 92706 Wlti MINUTES 4 September 10, 2010 25G -11 WIA BUDGET PLAN SUMMARY PY 09 -10 Dislocated Rapid Adult Workers Youth Response �llf,�./4Q 41 yJ 4;� �V'ui' [. _.. r .ss -' 4 �. ri ; r � n d :.` - TotC71.S a 384,094 217,278 '�. l 901,653 11�Program 325,917 �� � 1,202,205 768,187 Services Total (A +B +C +D +E) 1,191,509 723,320 328,495 TBD 2,243,324 F F �.. "` A. Core Self- Services � B. Core Registration � i� ., Services 454,236 244,589. a �' 698 825 C. Intensive Services 130,241 90,399 282,330 >� z � 1 `iflgv :f H�. Y t, ,�� ,�-; :� ,; 502,970 D. Trainin Services 25,625 75,270 v �. ;•t � � �_�.; 100,895 E. Other 581,407 313,062 46,165 TBD 940,634 2. Administration �.P- � • + °� (not to exceed amt. 10,696 44,867 106,062 � '�' 161,625 a roved b WIB .�= _ TOTAL 1 +2 1,202,205 768,187 434,557 TBD 2.404.949 1. Se tember 2010 300,551 192,047 108,639 2. December 2010 601,102 384,094 217,278 3. March 2011 901,653 576,141 325,917 4. June 2011 1,202,205 768,187 434,557 25G -12 ADULT PARTICIPANT PLAN PY 10 -11 PR'�?� '' "' r��-_ yIS',�.'�+;'�.► .. � ,' �� . ,. t � S � :1`:2Q�O,: ,i?eci �. 1Q ; '.� _��►.�1H ±.:�Iu��k`� 1 �.;.'' 1. TOTAL PARTICIPANTS 2157 3873 5589 7305 Lines 2 +3 40 72 97 115 2. Partici ants Carried -In 1716 1716 1716 1716 3. New Partici ants 1200 2400 3600 4800 AG!' � Z „� w'A. S. � 'b: � a' � ��ha '�. \ .n 4. Core Self- Service 4 S � 1200 . 1. �� .. .2 titer 2400 � r 3. .4 yiq.m 3600 �. T �x Y.: 4800 5. Core Services Re istered 80 114 194 230 6. Intensive Services 40 72 97 115 7. Trainin Services 10 20 30 40 8. Total Exiters 9 +12 1200 2400 3600 4800 9. Entered Em to ent 600 1200 1800 2400 10. Trainin Related N/A N/A N/A N/A 11. Entered Postsecondary /Advanced/Credential Pro am N/A N/A N/A N/A 12. Exited for Other Reasons 300 1200 1800 2400 DISLOCATED WORKER PARTICIPANT PLAN PY 10 -11 �,�iQ >��tA�:l1'�' SIa,�'�'x�`�°��A�1`'� v. ' ,,... w :.. �,t .:. �`� � � :L s�4 � Q. =_Dec,�2`f� 1.Q.. � ';Mar' =:2 : ),1... $i' �e o ; 2. TOTAL PARTICIPANTS 641 1072 1503 , 1934 Lines 2 +3 630 900 1440 1800 2. Partici ants Carried -In 431 431 431 431 3. New Partici ants 300 600 900 1200 n �- .,AC- T.I�'ITYvN��A,�r f Div 300 4 '� 1200 ,x . V 150 � :9rn'v.L.�tiwf4jr.d 1 . �.�Y.` r_I. .u�.lT` 4. Core Self - Service 630 900 1440 1800 5. Core Services Re istered 80 114 194 230 6. Intensive Services 20 29 48 57 7. Trainin Services 10 20 30 40 ota Exiters 9 +12 300 600 900 1200 9. Entered Em to ent 150 300 450 600 10. Trainin Related N/A N/A N/A N/A 12. Entered Postsecondary /Advanced/Credential Pro am N/A N/A N/A N/A 12. Exited for Other Reasons 150 300 450 600 25G -13 25G -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: GARFIELD ELEMENTARY COMMUNITY CENTER ,, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended � As Amended � Ordinance on 1" Reading � Ordinance on 2rtl Reading � Implementing Resolution � Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement for architectural services for the design of a community center at Garfield Elementary School in an amount not to exceed $130,000. 2. Amend the Fiscal Year 2010 -2011 Community Development Block Grant Program to increase the Public Facilities Improvements Program allocation by $1 ,500,000 from prior years' unexpended funds for a total of $2,500,000 for the development of a community center at Garfield Elementary School. 3. Approve a Funding Analysis with a total estimated project cost of $2,500,000. DISCUSSION On June 7, 2010, the City Council and Community Redevelopment Agency approved a number of actions in furtherance of the Station District development. One action included a $25,000 reimbursement agreement with the Santa Ana Unified School District for purposes of engaging an architect to develop conceptual plans for a 10,000 square foot community center to be constructed at Garfield Elementary School; and negotiate a Joint Use Agreement with the Santa Ana Unified School District (SAUSD), including a provision for the development and programming of the community center. SAUSD is desirous of submitting full architectural plans for the school renovation project and the community center to the State Architect's office by December 31 , 2010, in hopes of being under construction by summer 2011 to avoid as much school disruption as possible. Incorporating the community center into the school renovation plan will result in design efficiencies and cost savings, and will limit classroom disruption. In order to achieve this schedule, the community center design needs to be accelerated. Therefore, it is necessary to increase the amount of the agreement for architectural services to cover the cost of preparing the construction drawings for submittal to the State. SAUSD will serve as lead for the design and construction of the facilities, with input and review by City staff. 25H -1 Garfield Elementary School Community Center — Proposed CDBG Funding October 18, 2010 Page 2 Concurrent with the project design, staff has facilitated meetings with community members to begin to identify their needs and priorities for the community center. To date, two meetings have been held, and ten priorities for the center have been discussed. The top five areas in priority order are: programs for teens, health, continuing education, dance and seniors_ Initial discussions with SAUSD with regard to joint use of the center are that the first floor of the 1 0,000 square foot building would be designed as a multi - purpose room for the school's use during school hours. The second floor space would be available at all times, as well as the first floor during after - school hours. Details as to custodial service, capital repairs, etc., are yet to be negotiated with SAUSD. We anticipate presenting a Joint Use Agreement to the City Council in February 201 1 , well in advance of start of construction. The final Agreement will reflect the community's input as well as the operational issues that need to be addressed between the parties. It is proposed that the community center be funded with Community Development Block Grant Funds which have been set -aside for this purpose. The estimated project cost is $2.5 million, which includes design, engineering, construction management, contingency, etc. The final project budget and design will be presented to the City Council before SAUSD commences construction. ENVIRONMENTAL COMPLIANCE In accordance with the National Environmental Policy Act, a certification of Categorical Exclusion and Statutory Worksheet has been prepared. FISCAL IMPACT Funds are available in the Community Development Block Grant account (unit 1 351 8783 - 691 35). APPROVED AS TO FUNDS AND ACCOUNTS: Cynthia a son Francisco Gutierrez Deputy City Manager for Development Executive Director Services Finance &Management Services Agency Community Development Agency CJ N /NTE /SG /mlr Exhibits: 1. Map 2. Funding Analysis 25H -2 •. 4TH STREET 25H -3 FUND SNG ANALYS I S PROJECT NO. 11 -7532 COMMUN I TY CENTER Architectural Contract $ 130,000 Site /Construction Contract $1,875,000 Architectural and Site /Construction Contingency $ 495,000 TOTAL EST2MATED COST $2,500,000 EXHIBIT 2 25H -4 REQUEST FOR COUNCIL ACTION `� ""� r ��, _� CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: RIGHT -OF -WAY ACQUISITION FOR FIRST STREET BRIDGE REPLACEMENT (PROJECT NO. 061723) CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED � As Recommended Q As Amended (] Ordinance on 'I� Reading � Ordinance on 2ntl Reading � Implementing Resolution � Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached acquisition agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney, with Orange County Flood Control District for an easement for construction of First Street Bridge over Santa Ana River in the amount of $40,900. DISCUSSION The First Street Bridge over the Santa Ana River currently consists of two lanes in each direction. Adjacent roadway segments have three lanes in each direction. The improvements will include the demolition of the existing bridge and construction of a new bridge to accommodate three lanes in each direction. The proposed project will also enhance public safety by providing sidewalks on the north and south sides of the bridge. The replacement bridge is wider and requires an additional easement from the Orange County Flood Control District (OCFCD) over the Santa Ana River. An appraisal of the required easement was prepared by a qualified appraiser which was determined to be $40,900_ The City has made the offer and the OCFCD has accepted the City's offer for the proposed easement_ The Board of Supervisors granted the City aRight -of -Entry for the easement area at their October 5, 201 O meeting. City Council approval of the acquisition agreement is needed to keep the project on schedule and meet the funding deadline. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration was approved by the City Council on August 16, 201 O. (ER No. 201 0 -108.) 251 -1 Right -of -Way acquisition for first street bridge October 18, 201 O Page 2 FISCAL IMPACT Funds are available in the Select Street Construction Fund (accounting unit 03217660 -66100 project no. 061723). Raul Godinez II Executive Direct Public Works Agency RG /SA Exhibit: 1 . Acquisition agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �d Executive Director Finance &Management Services Agency 251 -2 PURCHASE AND SALE AGREEMENT First Street Bridge Widening THIS AGREEMENT, entered into on October 18, 2010, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "CITY "), and ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, (hereinafter "DISTRICT "), regardless of number or gender - RECITALS 1 . CITY desires to improve the First Street Bridge over the Santa Ana River to accommodate three traffic lanes in each direction, and provide sidewalks on the north and south side of the bridge (hereinafter "the Project "); and 2. The improved bridge requires additional easement from the DISTRICT over the Santa Ana River; and 3. The Orange County Board of Supervisors has granted the City aRight -of- -Entry for construction of the Project; and 4. The CITY requires a perpetual easement for street and highway purposes. THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this Agreement, DISTRICT agrees to grant to CITY, in exchange for the consideration described herein, a perpetual easement for street and highway purposes (the "Easement ") and a temporary construction easement, in, on, over, upon and across that certain real property (hereinafter the "Easement Area ") legally described and depicted in the Easement Deed, attached hereto as Exhibit A. The creation of the Easements shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions: 1 . Grant of Easement DISTRICT agrees to execute anon- exclusive, perpetual Easement in the form of the Easement Deed set forth in Exhibit "A" to this Agreement. 2. Payment of Purchase Price. CITY agrees to pay to DISTRICT, and DISTRICT agrees to accept from CITY, as and for the full purchase price for Easement, the total sum of Forty Thousand Nine Hundred and No /100 Dollars ($40,900.00) (the "Purchase Price "). 3. Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the CITY and DISTRICT. 4. No Third Party Beneficiary. This Agreement is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 5. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 6. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 251 -3 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first written above. Approved as to Form Office of the County Counsel ��� Deputy ATTEST: Maria D. Huizar Clerk of the Council Approved as to Form: Joseph W. Fletcher City Attorney Laura Sheedy Assistant City Attorney DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT Chair, Board of Supervisors Orange County, California Date: , 201 O CITY CITY OF SANTA ANA David N. Ream City Manager Date: 2010 251 -4 Attachment A wryLyio EKHIBff A EASEMENT THAT PORTIp.V pF THE WEST HALF OF THE SOUTHlYEST OVARTER OF TFC $OtlTHEA3T OVARTER OF 9ECTfON tO. T(YNN$H� 6 SOVTH, fLJYlOE 10 WEST, $A!J BERNARUbVO NIERID -AN. IN THE C11' OF 9ANTA AJJ.� COUNTY OF OWINOE, STATE OF CALIFC RIVW. OESCHIBED A9 FLHLU'J3: B EOINNING AT THE INTE/ISECTION OF NORTH RIGHT OF YIAY LINE OF F839T STREET (70 FeET NlLLF VJIDTHJ Y /!i}i THE SOUTHEASTERLY RKJM OF WAY LINE OF THE SAJYTA ANA RNER CHANNEL (a00 FEET IN VlIDTH) A3 OESCRtBEO IN THE OEEO Tq THE ORANGE COUNTY FL000 CONTROL O19lRICT R- pOROEO AUOVST 18. 5958, IN BOOK 4988. PAGE 1Gl O= PICNIC REGOFOS, IN THE OFFICE THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH b8'72't4' ♦VEST 42279 FEET ALONG SAID NORTH RIGHT pF WAY LINE CF .IR9T 3TFEET TO THE NORTroYESTERLY RIONT OF 'NAY URE OP 9A10 CHANNEL FOR TJI? SANTA IVlA RIVER, BEING A POIf4T ON A NONTANOEM CUR1iE CONGIVE BOUT /IEASTERLY HAVING A RAOI US OF 11,659.20 FEET, A RAgAL BEARING TO 3Alp POIJJi BEARb NORTH ]J'Ob'02' VVF.31; THENCE NORlF£A9TERLY iB.BT FEET ALONG SAID CW1iVE AND ALONG 6N0 NORTHWESTERLY RIGHT OF WAY UHE 7aROUGH A CENTRAL ANGLE OF JO'Oe'8g TO A LINE PARALLEL WITH AND 18.00 FEET NORTHERLY CF SND NOMtt WGHI OF YIAY UNE OF FIRST STREET; THENCE NlX4TANGENi ALONG RAID PAR/LLLEL LLVE bOVTH 39'72'ta' FJ`ST x01.60 FEET: THENOE NORTH 3T•18'b B' FAST 9.76 FEET; THENCE 90VTH 88'82'14' EAST 18.69 FEET TO THE SOIR /fEASIE/iLY RK3NT OF WAY LWE OF THE 9WTA ANA RNER OJWNNEL„ BEING A POINT ON R NCNTANGENT CUitVE OCNCAVE SOVTHJIBTEFLY HAVING A RAOIUb OF /t,2Ti82D FEET, A PADIAL BEARING TO SAID POINT BF11R5 NORTH ]O'2t'12' VlESP. TNENC6 SDUTFMIE9TERLV 20.t1 FEET ALOIJO SAID CVR`!E ANO AlOfA 3AtD SOUTHEASTERLY RH3RT CF WAY LWE THROUG /1 A CENTRAL ANGLE OF W'0608' TO THE PO NT OF BEGINN "NO. CONTANIN08A21 SOVA/>E FEET. MORE OR LE53. JLLL AS MORE PARTICULARLY SHOWN ON EXHBIi B ATTACHED HERETO ANO MADE A PANT HEREOF. OgTED THIS 191"' OAY OF AUO:JST, 2010 �°1�11 b- �CnnT"7/Q(P1 �D L'�� SGP ~�LS5108 �°x• K�wI��- `- OWEN -VER4 DEL CA811LL0. PLH 6108 .n. '/]. Q? ! OP CALIF Iw.ISt uTaT> 251 -5 11 of T3 - -�T —'� a man I - 3 p q I r O0�,1' � W N _ . F2. " V ^ m y1 �7 � _ mil] T N � I � o N J L) Cb � z ` I ar`... �j a�i�� c "� om N N N ry 52' v. �i °-"�'o F , yr ° � 3 `�' 'c3� `aNi ° V o 0 aar o 17 _ o ¢ ` i� o N�� � ^ .-. yr f. o0 Z �� JK Z -M��M SNP O M � VARIES QO�IIN�� ONd >tn pi r°Ji a. .. _, / � ..,RYVI NCO Srm N !Si /g aC6 /b I 33 - o ��___ �_ /!/ N/v �� ���� 30j 60' �� OZ- � 9�zse � o. �s � _S ��, O � �� S .� N 16' -� I � bNy�� r � R Ql Ql N N G �- � (y CJ :O I H P � i z � O J .- Q� i VARIES l o U� I P g 2 � � I z 1- �� -109 owrr: 7 o scu.E: r'_lo7 I I COAS SURVEYING, NC. nsra., u01 iv�e- iirriOO�'.�ila -arw N i - F ET 1 E 12 0( 251 -6 RECORDED AT THE REQUEST OF AND WHEN RECORDED MAII. TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, CA 92701 Mail.Tax Statements as shown above THIS SPACE FOR RECORDER'S USE ONLY DOCUMENTARY TRANSFER TAX $ _ APN: _ Computed on the consideration or value of property conveyed Exempt per Revenue 8c Taxation Code Section 1 1922 Exempt from Recording Fees per Govt. Code Section 27383 By. SIGN OF DE T R A6 T NAPIL � �L3tlincorporated Area l� Incorporated -City of Santa Ana Parcel No: EO1._ Project: Santa Ana River EASEMENT DEED For valuable consideration, receipt of which is hereby acknowledged, ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "DISTRICT," does hereby grant to CTI'Y OF S_ ANTA ANA, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California, hereinafter refesed to as "GRANTEE," its, successor and assigns, a non - exclusive easement for street and highway purposes irr, on, over, upon and across that certain real property (hereinafter referred to as "Easement Area'') described in "Exhibit A," and illushated in "Exhibit B," which exhibits are attached hereto and made a part hereof. DISTRICT and GRANTEE, may sometimes lereinafter be individually referred to as "Party" or jointly as "Pat-ties ". GRANTEE'S rights shall include rights to consri-uct, repair, maintain and use surface improvements consisting of roadways, curbs, gutters, sidewalks, and landscaping ( "Facilities ")-and shall include reasonable access to the Easement Area for the purpose of exercising the rights herein granted. It is understood and agreed by the Parties hereto and their successor and assigns that said easement and right of way herein granted in this easement deed ( "Easement Deed ") shall be subject to the following terms, conditions, and reservations: Street/Highway Easement - OCFCD to City of Senta Ana 251 -7 r.�i<t._r�iu CONSTRUCTION AND MAINTENANCE (PMES2.2S) GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT'S Director OC Public Works, or designee, (hereinafter referred to as "Director ") prior to commnencement of any work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall immediately notify Director in writing of such completion. Director's approvai of GRANTEE'S construction and/or maintenance plans shall not be deemed approval from the standpoint of structural safety, suitability for purpose or conformance with building or other codes or other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or maintenance, design, assumptions or accuracy of GRANTEE'S construction and/or maintenance plans. Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE'S construction and/or maintenance plans. GRANTEE hereby acknowledges that the Easement Area lies within a portion of a flood control facility, commonly referred to as the Santa Ana River Channel (hereinafter "the Channel "). GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for unobstructed flood control operations and maintenance of the Channel by DISTRICT. Should it be necessary for GRANTEE to conduct any construction or excavation activities or otherwise disturb the surface of the Easement Area subsequent to the completion of the initial installation of GRANTEE'S Facilities, GRANTEE agrees to notify Du•ector in writing sixty (60) days in advance of such planned activities, obtain Dnector's written approval of all plans, and obtain a petznit for construction fi-om the County of Orange ( "County ") with payment of normal processing fees prior to commencement of any such activities. Said approval shall not be withheld unreasonably, nor shall said approval be necessary vi any emergency situation or in conducting routine maintenance activities which do not involve disturbance of the surface area. Except in designated environmentally sensitive areas, GRANTEE shall have the right to cut such roots as may endanger or interfere with GRANTEE'S Facilities provided, however, that any excavation shall be made in such a manner as wilt cause the least injury to the surface of the ground and any improvements and/or landscaping around such excavation, and that the earth so removed shall be replaced and the surface of the ground and any improvements and/or landscaping around such excavation, damaged shall be promptly restored by GRANTEE at its expense to the same condition as existed prior to excavation, to Director's satisfaction. GRANTEE shall, at no cost to DISTRICT, maintain in good repair and in safe condition all Facilities constFUCted, used or placed upon the Easement Area by or on behalf of GRANTEE pursuant to this Easement Deed. 2. REMOVAL AND /OR ABANDONMENT' (PMES3.1S) GRANTEE agrees that in the event (a) GRANTEE'S Facilities are no longer required, or (b) GRANTEE'S use of said Facilities ceases for a continuous period of more than one (1) year without written notice. fi-om GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE'S intention to resume usage of the facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove and/or abandon said Facilities within ninety (90) days after receipt of written notice from Director to remove and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT, restore the. Easement Area to the condition that existed prior to the granth�g of this Easement Deed, to D'irector's satisfaction. Street/Highway Easement - OCFCD to City of Santa Ana 251 -8 osioano GRANTEE shall also execute and deliver to Director, within ninety (90) days of such removal and/or abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed sufficient to remove the encumbrance of this Easement Deed from title. 3. RELOCATION (PME84.1 S) GRANTEE agrees that_in the event GRANTEE'S Facilities shall at any time interfere with the operation, maintenance, replacement, or improvement of DISTRICT'S property as detenzrnined by Director, GRANTEE shall, within ninety (90) days of receipt of written notice fi-om Director, relocate at GRANTEE'S expense GRANTEE'S Facilities to a site designated by Duector. All other terms and conditions of this Easemen# Deed shall remain the same. 4. CO1��LL4NCE WTl'Fi APPLICABLE WATER QUALITY REQUIREMENTS (PMES6.2S) GRANTEE shall ensure that all construction in the Easement Area is performed in accordance with any NPDES permit requirements or other water quality statutes, regulations, ordinances, or permits, applicable to the construction, including but not limited to ttse of appropriate best management practices, so as to ensure that pollutants are not discharged into the Channel nor into DISTRICT'S flood control system. 5. HOLD IIARI��II.ESS (PMES7.2S) GRANTEE hereby releases and waives all claims and recourse against DISTRICT, and County including the right of contribution for loss of or damage to property, or injury to or death of any person arising from, growing out of or in any way connected with or related to this Easement Deed except claims arising from the concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and contractors. GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or over the Easement Area, and/or GRANTEE'S exercise of the rights under this Easement Deed, except for liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected and appointed officials, officers, agents, employees or contractors including the cost of defense of any lawsuit arising therefrom. If DISTRICT and/or County is/are named as co- defendants) in a lawsuit, GRANTEE shall notify Director of such fact and shall represent DISTRICT /County in such legal action unless DISTRICT /County undertakes) to represent itself/themselves as co- defendants) in such legal action, in which event, GRANTEE shall pay to DISTRICT /County its/their litigation costs, expenses, and attorneys' fees. If judgment is entered against DISTRICT /County and GRANTEE by a court of competent jurisdiction because of the concurrent active negligence of DISTRICT /County and GRANTEE, DISTRICT and GRANTEE agree that liability will be•apportioned as determined by the court. Neither party shall request a jury apportionment. GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows: .4 general release does not extend to •claims which the creditor does not know or suspect to exist in his or her favor at the time of exectetirtg the release, which, if knotivn by hint or her, must have materially affected his or her settlement with the deb[or. GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this section. StreeVF3igltway Fwcement - OCFCD to City of Santa Ana 251 -9 oaioaito 6. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S) GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with counsel approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected or appointed ofi"icials, officers, agents, and employees fi-om any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise during or after GRANTEE'S use of the Easement Area as a result of such contamination. This indemnification includes, without limitation, costs incurred by DISTRICT in comrection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental entity or agency because of Hazardous Material being present in the soil or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost and expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall fast have obtained Director's written approval and the approval of any necessary governmental entities or agencies for any such remedial action. As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or shall become regulated by any governmental entity or agency, including, without limitation, the County, the state of California, or the United States government. 7. RESERVATIONS (PMES9.1S) DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights and easement herein granted. In the event DISTRICT exercises such rights to utilize the Easement Area which use results in the disturbance of the Easement Area, DISTRICT'S only responsibility shall be to backfill with compacted earth to the grade of the surrounding property following completion of DISTRICT'S activity. GRANTEE shall restore - @R-ANTEE'S Facilities to the design and grade approved as provided for in Section 1 above. 8. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES 1 O.1 S) •. This Easement Deed is subject to existing contracts, leases, licenses, easements, encumbrances, and cIairns which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as a covenant against.the existence of any thereof. Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation or wan-anty, either express or implied, relating to the nature or condition of the Easement Area or DISTRICT'S interest therein. 9. TAXES AND ASSESSMENTS (PMES 1 1.1 S) Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on such interest, it is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Easement Area or upon fixtures, equipment, or other property installed, constnrcted or used by GRANTEE thereon in connection with this Easement Deed, Street/Highway Easement - OCFCD to City of Santa Me �l - 08/04/10 251 -10 shall.be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments to be paid promptly when due. 10. � NOTICES (PMES 12.1 S) All notices, documents, correspondence and communications concerning this Easement Deed shall be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be sent tlu-ough the United States mail with postage prepaid. Any such mailing shall be deemed served or delivered twenty -four (24) hours after mailing. Each Party may change the address for notices by giving the other party at least ten (1 O) calendar days' prior written notice of the new address. Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other communications to the other by personal delivery or by facsimile and so given shall be deemed to have been given upon receipt if provided by personal delivery; or if by facsimiie on the day transmitted provided transmitted by 4:30 P.M. (PT) on the receiving Party's regulaz business day, otherwise delivery shall be deemed to have been given on the next business day. To DISTRICT: Orange County Flood Conriol District c/o OC Public Works/Real Estate Services P.O. Box 4048 Santa Ana, CA 92702 -4048 (300 N. Flower Street, Santa Ana 92703) Facs iinil e: 714/83 4 -2 8 70 11. VENUE (PMES13.1S) To GRANTEE: Cit}• of Santa Ana Attention Deputy City Engineer Public Works Agency P.O. Box 1988 (20 Civic Center Plaza) Santa Ana, CA 92702 Facsimile: The Pasties hereto agree that this Easement Deed has been negotiated and executed in the state of California and shall be governed by and construed under the laws of Califon�ia. In the event of any legal action to enforce or inferps-et this Easement Deed, the sole and exclusive venue shall be a court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another county. 12. WAIVER OF RIGHTS (PMES 14.1 S) The failure of DISTRICT to insist upon stric# performance of any of the terms, covenants, or conditions of this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall not be deemed a waiver of the right to require strict performance o£ ali the tes7rss, covenants, and conditions of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant, or condition of the Easement Deed. 13. SEYERABILITY {PMES 15.1 S) If asry term, covenant, condition, or provision of this Easement Deed is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and ef%ct and shall in no way be affected, impaired or invalidated thereby. StreeVHighway Fneement - OCFCD [o City of Santa Ana 251 -11 o8io-sn o 14. ATTOR1�lEYS' FEES (PMES 16.1 S) In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where any provision hereof is validly asserted as a defense, each Party shall bear its o�vn attorneys' fees. and costs. 15. SUCCESSORS AND ASSIGI�TS (PMES 18.1 S} The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the Parties hereto. 16. AUTHORITY (PMES20.1S) The Parties to this Easement Deed represent and wan-ant that this Easement Deed has been duly authorized and executed and constitutes the legally binding obligation of their respective organization or entity, enforceable in accordance with its terms. Approved as Yo Form DISTRICT Office of the County Counsel ORANGE COUNTY FLOOD CONTROL DISTRICT Orange County, California By: By: Deputy Chair, Board of Supervisors Orange County, California Date: Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Reso 79 -1535 ATTEST: Darlene J. Bloom Clerk of the Board of Supervisors Orange County Flood Control District Orange County, California Approved as to Form: Joseph W. Fletcher City Attorney _ By: Jose Sandoval Chief Assistant City Attorney GRANTEE City of Saa>ta Ana a charter city and. municipal corporation, duly organized and existing under the Constitution and laws of tha State..Af Califotia N. Ream, City Manager Street/Highway Easement - OCFCD to City of Santa Ma 6 - 08/04/10 251 -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: -, , _ I_', iiiii�u ,� - - ,; CONDITIONAL USE PERMIT NO. 2010 -18 TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2010 -19 TO ALLOW A BANQUET FACILITY AT THE CHAPTER ONE RESTAURANT AT 227 NORTH BROADWAY - JEFFREY D. HALL, APPLICANT i CI Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED l� As Recommended � As Amended � Ordinance on 1s` Reading � Ordinance on 2n° Reading (] Implementing Resolution � Set Public Hearing For_ CONTINUED TO I;�IA�►I�J�l -7� 7 Receive and file the staff report approving Conditional Use Permit No. 201 0 -18 as conditioned and Conditional use Permit No. 2010 -19 as conditioned. PLANNING COMMISSION ACTION On September 27, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010 -18 as conditioned to allow for after -hours operation and Conditional Use Permit No. 2010 -19 to allow fora banquet facility by a vote of 7:0 for Chapter One Restaurant located at 227 North Broadway in the Specific Development No. 84- Downtown (SD84 -DT) 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. Jay revino Executive Director Planning &Building Agency HS:rb hs: \ChaptarOne\cup70 -18 cup�0 -19 Chapter Ona.cc Exhibit: A. Planning Commission Staff Report 31 A -1 31 A -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: - - PLANNING COMMISSION SECRETARY SEPTEMBER 27, 2010 APPROVED TITLE: O As Recommended FILED BY JEFFREY D. HALL FOR CONDITIONAL USE O As Amended PERMIT NO. 2010 -17 TO ALLOW A TYPE 47 ABC � Set Public Hearing For LICENSE, CONDITIONAL USE PERMIT NO. 2010 -18 DENIED TO ALLOW AFTER -HOURS OPERATION, AND � Applicant's Request CONDITIONAL USE PERMIT NO. 2010 -19 TO ALLOW O Staff Recommendation A BANQUET FACILITY AT THE CHAPTER ONE RESTAURANT AT 227 NORTH BROADWAY CONTINUED TO Prepared by Hally Soboleske Executive Director Planning Ma ger RECOMMENDED ACTION 1 . Adopt a resolution approving Conditional Use Permit No. 2010 -17 as conditioned_ 2. Adopt a resolution approving Conditional Use Permit No. 2010 -18 as conditioned. 3. Adopt a resolution approving Conditional Use Permit No. 2010 -19 as conditioned. DISCUSSION Zoning Administrator Action A Zoning Administrator meeting was held on September 15, 2010 regarding Conditional Use Permit No. 201 0 -17 to allow a Type 47 ABC license_ The Zoning Administrator remanded this item to the Planning Commission in order to review this project, and all related actions, in a comprehensive manner. Request of Aonlicant Mr_ Jeffrey D. Hall, representing Retroactive Concepts, Inc. for the Chapter One restaurant, is requesting approval of conditional use permits fora Type 47 Alcoholic Beverage Control (ABC) license to allow the on -sale consumption of beer, wine and distilled spirits; after -hours operation; and a banquet facility at the Chapter One Restaurant to be located at 227 North Broadway. Proaerty Description The proposed Chapter One restaurant is within the historic Pacific Building located at the southeast corner of Broadway and Third Street. The property is identified as the Downtown (DT) zoning district and has a General Plan land use designation of District Center (DC). Surrounding land uses include commercial, with a public parking structure to the north, and residential land uses within 250 feet (Exhibits 1 and 2). it CUP Nos. 2010 -17 thru 2010 -19 September 27, 2010 Page 2 The site is developed with the Pacific Building, atwo -story historic structure constructed in 1925. The Chapter One restaurant proposes to use 3,782 square feet of the ground floor. Although the building has two stories and a basement, the proposed restaurant will be occupying 3,782 square feet of the structure on the ground level. The basement is currently occupied by The Copper Door (formerly Broadway Billiards), a billiards hall operated by Davin and Marta Gumm the building's new owners. The remainder is occupied with business offices. The building has always been used for commercial purposes, and prior to this proposal, this portion of the building was occupied by the restaurant Trattoria Ciao. Parking is supplied by two public parking structures located at Third Street and one located at the northwest comer of Third and Birch Streets. Both public parking opportunities are shared by all the businesses in the immediate area. There is a privately owned, paved surface lot adjacent and immediately east of the subject site where people may pay to park. There is also metered parking by the curb on Third Street. Project Dgscri�tion The applicant is requesting three conditional use permits: 1) the sale of beer, wine and distilled spirits (Type 47 license) for consumption on premise in conjunction with an eating establishment; 2) after -hours operation; and 3) banquet facility. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The storage area for alcoholic beverages is located within the kitchen and bar area and consists of approximately 60 square feet which is considerably less than five percent of the gross floor area of the restaurant (Exhibit 3). The restaurant will provide alcoholic beverages to customers as a service ancillary to the primary restaurant use. There will be freestanding tables, built -in booths, and bar seating. The applicant also proposes a banquet facility and after -hours operation. Although not part of their immediate business plan, entertainment may include, but is not limited to, various types of live performances, dances, conferences, receptions and other assembly uses. Entertainment will remain ancillary to the primary restaurant use. Proposed hours of operation will be from 6:00 a.m. to 2 :00 a.m. The building is oriented towards the commercial Broadway corridor and Third Street. As proposed, the remainder of the first floor of the Pacific Building will continue to be used for retail and office uses. Separate permit applications will be submitted to the Public Works Agency by the applicant for two outdoor dining areas including an approximately 151 square foot outdoor dining area facing Third Street at the front of the building, and an approximately 141 square foot outdoor dining area facing Third Street towards the rear of the building (Exhibit 4). A separate permit application will also be submitted to the Police Department to allow dancing to take place at this establishment. 31 A -4 CUP Nos. 2010 -17 thru 2010 -19 September 27, 201 O Page 3 Analysis of the Issues Conditional Use Permit No. 201 0 -17 to allow for a Tvr�e 47 ABC license Staff has reviewed the applicants request and is recommending approval of Conditional Use Permit No. 2010 -17. The Police Department has reviewed the application and has noted that the restaurant is located within Reporting District No. 185, which ranks 10th out of 102 Citywide Districts in total number of police- related incidents. The restaurant will be in an area of the city that is considered higher -than- average in police - related incidents. Based on the above average number of police - related incidents, and the fact that there are residential units within 250 feet of this proposed use, the Police Department is concerned with potential negative impacts to adjacent residents. Therefore, several conditions of approval are proposed for this license. The proposed conditions of approval, which include restrictions on alcohol service, noise generation, litter, and exterior pay phones, among others, are intended to address the concerns raised by the Police Department and minimize the number of potential calls for service to the restaurant and to ensure the business operates as a bona fide eating establishment. The alcohol storage area is limited to less than five percent of the gross floor area of the restaurant to ensure that the alcohol license remains ancillary to the restaurant use. An on -site security guard will monitor and maintain the safety of patrons during any entertainment event or pertormance, as well as serving to protect the safety of those in the surrounding community. Additionally, the conditions of approval will assist in mitigating potential negative effects this restaurant may have on the surrounding community. Conditional Use Permit No. 201 0 -18 to allow for After -Hours Operation Santa Ana Municipal Code (SAMC) requires a conditional use permit for any eating establishment with hours of operation between 12:00 a.m. and 5:00 a.m. The proposed hours of operation for Chapter One are 6:00 a.m. to 2:00 a_m. As proposed, the restaurant will be open for breakfast, lunch, dinner and late night meals. These hours are consistent with the typical operations of this land use, and the request is similar to other restaurants such as Crosby and Memphis operations. Entertainment at this facility may include performances, dancing, and other types of assembly. Separate entitlements have been submitted by the applicant and are currently being processed for two outdoor dining areas. Sensitive land uses, such as residences within 250 feet away from this project, will not be negatively affected as all noise will be contained indoors, and there will be no amplified outdoor music. The existing residential units are located in the Downtown area, as are those units currently under construction on the southeast corner of Third and Sycamore Streets. Additionally, the building faces north, or away from, the existing residential land uses which further reduces the potential impact to the community west and east of the subject site. Parking for any potential events will be in the public parking structure, and will not spill over into the surrounding neighborhoods. Exterior lighting for the outdoor dining areas will be located on the north side of the building, and directed away from residential land uses. 31 A -5 CUP Nos. 2010 -17 thru 2010 -19 September 27, 201 O Page 4 At all times when dancing and /or entertainment are being conducted, the applicant shall employ a minimum of one uniformed, licensed security guard for every hundred persons in attendance per event, for keeping the peace. The guard must be approved by the Chief of Police. This additional security will maintain order at the location, as well as protect the surrounding community. The facility has been designed to meet all code requirements, as well as those conditions established by the Police Department; therefore, staff recommends approval of Conditional Use Permit No. 2010 -18. Conditional Use Permit No. 201 0 -19 to allow fora Banquet Facility The proposed restaurant with an ancillary entertainment use may also be used for a banquet facility as it may be closed to the general public for private use. Per the SAMC, banquet facilities must have a kitchen facility, sanitation facilities, and a licensed security guard for every hundred persons in attendance per event. The project meets or exceeds standards for a banquet use. This security guard must be approved by the Chief of Police. Exterior lighting will be reviewed and approved by the Police Department. This will provide protection to patrons of the facility, as well as residents of the surrounding community. The intent is to operate a full service restaurant; however, private events may be allowed on occasion. The facility will have stronger economic viability if private events may also be booked at the facility, so a banquet facility is appropriate. Based upon the analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Conditional Use Permit Nos. 2010 -17, 2010 -18 and 2010 -19 as conditioned. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301, Class 1 because the project involves minor alterations to an existing building as well as the licensing and permitting of a use that was essentially the same as the previous use and will be in conformance with all city codes and requirements. Categorical Exemption Environmental Review No. 201 0 -13 will be filed for this project. Hally Sobole Associate Pla ner HS:jm ha: \Chapter— One�cup70- 7 ?thrv79 Chapter Ona.pc 31 A -6 ��I i �. � %/i!u . �r CUP y 0 -y 7 /CUP 7 0 -y 8 /CUP 7 O -y 9 � RETROACTIVE CONCEPTS, INC. �,, 227 NORTH BROADWAY — -tea FEET 1' = 10D0 FEET P L A N N I N G A N D B U I L D 1 N G A G E N C Y VICINITY MAP ® ti+� o�enayzona EXHIBIT l tae ovenay zone 31 A -7 31 A -8 C MMERC /AL COMMER AL COMMERCIAL/ RES /GENT /AL C M M R C/ A L THIRD COM. Q 3 v a 0 Q m C O M E R C l A L y COM. P A R K/ N O C O M M E R C/ A L W ac 0 Q V N CUP y O -y 7 /CUP y 0 -y 8 /CUP y 0 -19 _ t RETROACTIVE CONCEPTS, INC. -..s- 227 NORTH BROADWAY �'' 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 ST. C O M M R C/ A L COMMERCLAL COM E C/AL SECOND ST_ C O M M E R C/ A L W ac 0 Q V N CUP y O -y 7 /CUP y 0 -y 8 /CUP y 0 -19 _ t RETROACTIVE CONCEPTS, INC. -..s- 227 NORTH BROADWAY �'' 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 31A -10 � All i3 + �{ { + � E A a tOLZ6 VO 'euy elue5 O • 1',: � i i 17a�� �_ 1'�' it III � � a Aerv.Peo.B 'N LZZ '�; ?p�,,, J: � i i,Ii I(illi j) t. { � ' L ki3ldb'H� NVId kfOOld AHVNIWIl3l1d - Q 11 � Ltk 1 + L {; j 3 � i � � � t. � '� } S`JNIMVtlO llWtl3d 3Sf1 d0 3`JNVHO ] �� L➢ d 9¢ ii � � 8� °A 4t � S 9 � s �1 6 : a �'_ � � �3 �� � � :r�s9.'gE m m m m m m ® ® m m a ® o m a a m m m ® a ® m m m - -. - - - - -- -- - - - - CUP 10 -17 /CUP 10 -18 /CUP 10 -19 - _ _ EXHIB__I_T_ 3 - _ 31A -11 31A -12 1:: 1: : t I I'I II �' ��! 4� I as 19,t � . I �;��� ��ii- ��,1y; I. I � 11 :, li II II' t II I� lil i II it I'.i `s a � I loczs roo 'auy Muss )If 4 t �caMoeo,a •N czz I I�,a i i .. ,u. i II :I 1 1 +. 11 o jj ®• ��7 +as �f R�f.I h�P.' �� I �,��r I I I fiI+ i I l L El31db'H� I I I I I I I IFI I I I I I I � NOIJ.�3S ONV NOI1YA313 � If� 1F YaL�, d d i I3I¢I I l I t SONIMVF3O 11W!!3d 3Sf1 d0 30NtlH0 !� •u I.. _ B � i le � , $ �� go � r � � �i [ Yg� = S a a m m ® m m ti m s m �_ __�' !� ��F tlb��rY ._ . �� beYdl .,n13117d1',:�N� ;b dL1W� . CUP 10 -17 /CUP 10 -18 /CUP 10 -19 EXbLiBIIT.r4� 31A -14 ROH - 09/27/ O RESOLUTION NO. 2010 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2010 -17 AS CONDITIONED FOR A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2010 -18 AS CONDITIONED TO OPERATE BETWEEN THE HOURS OF 12:00 A.M. TO 7:00 A.M., AND CONDITIONAL USE PERMIT NO. 2010 -19 AS CONDITIONED TO OPERATE A BANQUET FACILITY, FOR THE PROPERTY LOCATED AT 227 NORTH BROADWAY 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 is requesting approval of: Conditional Use Permit No. 201 O -1 7 to allow a Type 47 Alcoholic Beverage Control (ABC) license, Conditional Use Permit No. 201 0 -18 to operate a restaurant between the hours of 6:00 a.m. to 2:00 a.m., and Conditional Use Permit No. 2010 -19 to allow a banquet facility, for the property located at 227 North Broadway. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: the sale of alcoholic beverages for on -site consumption, businesses operating between the hours of 12:00 a.m. and 7:00 a.m., and the operation of a banquet facility. C. On September 27, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2010 -17, Conditional Use Permit No. 2010 -18, and Conditional Use Permit No. 2010 -19. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 201 0 -17 to allow for a Type 47 ABC license: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license use will allow an ancillary service to the restaurant and thereby benefit the Resolution No. 201 O -� 2 Page 1 of � 8 31A -15 community by providing an additional food - related amenity at the eating establishment. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the land use and ensure that the use will not negatively affect the surrounding community. 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 license for the on -sale of beer and wine and distilled spirits at the Chapter One Restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The sale of alcoholic beverages will occur inside of the premises and is secondary to the restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is located within the downtown, and is appropriate for the proposed commercial use. The establishment of this restaurant promotes a balance of land uses that enhances the City's economic and fiscal viability. Alcoholic beverages on the menu at the Chapter One Restaurant will increase the patronage to the restaurant by offering another convenience thereby enhancing the profitability of the business. In turn, this identifies the use and site as economically stable and viable, and has a positive effect on the surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine, and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. 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. Goal 1.0 of the Land Use Element requires that land use decisions promote a balance of land uses to address basic community needs. The restaurant offers citizens a place to gather and eat thereby serving the community. Goal 2.0 of the Land Use Element requires that land use decisions promote land uses which enhance the City's economic and Resolution No. 2010 -12 Page 2 of 18 31A -16 fiscal viability. Therefore, a variety of land uses that serve the public are necessary to offer a wide range of goods and services. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2010 -18 to allow for after hours operation: 1 . Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Chapter One restaurant after -hours operation creates afood- related amenities and disport for the community. Conditions have been placed on this operation to mitigate any potential problems created by the land use. 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 after -hours operation at the Chapter One Restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. Sensitive lands uses are located 250 feet or more away, and all after -hours entertainment will be contained indoors to mitigate the impacts to surrounding properties. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant promotes a balance of land uses that enhances the City's economic and fiscal viability. Peak hours of operation will be in the evening, which does not conflict with the peak hours of nearby retail shops, so will not cause parking conflicts in the public lots. Providing a variety of land uses in the area strengthens the economic base. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a business operating after the hours of 12:00 a.m. Resolution No. 201 O -� 2 Page 3 of 7 8 31A -17 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. Goal 1.0 of the Land Use Element requires that land use decisions promote a balance of land uses to address basic community needs. The restaurant offers citizens a place to recreate and eat thereby serving the community. Goal 2.0 of the Land Use Element requires that land use decisions promote land uses which enhance the City's economic and fiscal viability. Therefore, a variety of land uses that serve the public are necessary to offer a wide range of goods and services. F_ The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 20'10 -19 to allow for a Banquet Facility: � . Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed use will provide an added alternative to the restaurant thereby providing a benefit to the community through a local banquet and meeting venue. Conditions have been placed on the banquet facility, which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect or be injurious to the surrounding community. 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 addition of the banquet facility use to the restaurant will not be detrimental to persons residing or working in the area because the use, as conditioned, will not create any negative or adverse impacts. The banquet and private events will occur inside of the premises and offer an alternative to the restaurant's business operations to enhance economic viability. Moreover, conditions are imposed to mitigate any potential impacts to those in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? Resolution No. 201 0 -12 Page 4 of 18 31A -18 The 0.14 -acre site is a commercial site that is appropriate for the proposed commercial use. A banquet facility at the Chapter One restaurant may increase the patronage to the business, thereby enhancing profitability and identifying the use and site as economically stable and viable for the surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on banquet facilities pursuant to Chapter 41 of the Santa Ana Municipal Code. 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. Banquet facilities are permitted within the District Center (DC) General Plan designation and the Downtown (DT) zoning district. Additionally, the use, as conditioned, is in compliance with the regulations identified in the zoning code. G. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act_ The recommendation is exempt from further review pursuant to Section � 5332, Class 32 because it is an infill development project in an existing building, and will be in conformance with all city codes and requirements. Categorical Exemption Environmental Review No. 201 0 -13 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2010 -17 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein, Conditional Use Permit No. 2010 -18 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein, and Conditional Use Permit No. 201 O -� 9 as conditioned in Exhibit C attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 27, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of Seotember. 201 O by the following vote: Resolution No. 200 -12 Page 5 of � 8 31A -19 AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) None (0) None (0) None (0) Eric Alderete Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2010 -t 2 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 27. 201 O Date: Secretary of the Planning Commission City of Santa Ana 31 A -20 Resolution No. 201 O -� 2 Page 6 of 7 8 EXHIBIT A Conditions for Approval of Conditional Use Permit No 2070 -17 Conditional Use Permit No. 201 0 -17 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this 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. Planning Division The banquet facility shall comply with the following development and operational standards. a. All banquet facilities require a kitchen facility including, but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter /service facilities. b. All banquet facilities require sanitation facilities in compliance with the California Building Code building standards. c. Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one guard per 100 attendees, with a minimum of one security guard, or other security measures as approved by the Chief of Police. The guards shall be present until attendees have left the premises. d. All banquet facilities shall provide exterior lighting in compliance with Police Department standards_ 2. All proposed site improvements must conform with Site Plan Review approval of DP No. 201 0 -35. Resolution No. 201 O -� 2 Page 7 of � 8 31 A -21 SEPTEMBER 27, 2070 PAGE 2 OF 4 3. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. B. Police Department 1 . The sale of alcoholic beverages for consumption off the premises is strictly prohibited_ 2. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 3. It shall be the applicants) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant. 4. The applicants) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee_ 5. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensees) shall be removed or painted within 24 hours of being applied. 7. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 8. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 12:00 a_m. unless Conditional Use Permit No. 201 0 -18 is approved. 9. Music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2010 -12 Page 8 of 18 31 A -22 SEPTEMBER 27, 200 PAGE 3 OF 4 1 O. This land use authorization is only for a Type 47 on -sale general, public eating - place, any other license use at this location will require a new land use clearance. 1 1 . Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC section 12 -1 and 12 -2. 12. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41 -1701 .6. 13. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 14. Existing restaurant must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. 1 5. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 14 must be complied with. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 1 7. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 18. Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. Atimed- access cash controller or drop safe must be installed. 20. Install a silent armed robbery alarm. 21 . The applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for the purpose of keeping the peace at all times entertainment is provided or that a cover charge, donation, or admission fee is collected to enter the premises. Resolution No. 201 O -� 2 Page 9 of � 8 31 A -23 SEPTEMBER 27, 2070 PAGE40F4 22. 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 Department. 23. The applicant must submit a comprehensive security plan for Police Department review and approval. C. Fire Department Plans must note fire alarm system when submitted for plancheck. Resolution No. 20� 0 -12 Page 70 of 18 31 A -24 EXHIBIT B Conditions for Approval of Conditional Use Permit No 200 -78 Conditional Use Permit No. 201 0 -18 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this 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. Planning Division The banquet facility shall comply with the following development and operational standards. a. All banquet facilities require a kitchen facility including, but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter /service facilities. b. All banquet facilities require sanitation facilities in compliance with the California Building Code building standards. c. Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one guard per 100 attendees, with a minimum of one security guard, or other security measures as approved by the Chief of Police. The guards shall be present until attendees have left the premises. d. All banquet facilities shall provide exterior lighting in compliance with Police Department standards. 2. All proposed site improvements must conform with Site Plan Review approval of DP No. 2010 -35. Resolution No. 201 O -� 2 Page 7 1 of � 8 31 A -25 SEPTEMBER 27, 20� O PAGE20F4 3. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. B. Police Department 1. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 2. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 3. It shall be the applicants) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant. 4. The applicants) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 5. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensees) shall be removed or painted within 24 hours of being applied_ 7. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 8. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 12:00 a.m. unless Conditional Use Permit No. 201 0 -18 is approved. 9. Music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2070 -12 Page 12 of � 8 31 A -26 SEPTEMBER 27, 200 PAGE 3 OF 4 10. This land use authorization is only fora Type 47 on -sale general, public eating - place, any other license use at this location will require a new land use clearance. 11 . Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC section 12 -1 and 12 -2. 12. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41 -1701 .6. 13. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 14. Existing restaurant must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. 15. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 14 must be complied with. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 18. Window displays and racks must be kept to a maximum height of three feet including merchandise_ 19. Atimed- access cash controller or drop safe must be installed. 20. Install a silent armed robbery alarm. 21. The applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for the purpose of keeping the peace at all times entertainment is provided or that a cover charge, donation, or admission fee is collected to enter the premises. Resolution No. 20� O -� 2 Page � 3 of � 8 31 A -27 SEPTEMBER 27, 20� O PAGE40F4 22. 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 Department. 23. The applicant must submit a comprehensive security plan for Police Department review and approval. C. Fire Department Plans must note fire alarm system when submitted for plancheck. Resolution No. 20� O -� 2 Page � 4 of 7 8 31 A -28 EXHIBIT C Conditions for Aaaroval of Conditional Use Permit No. 20� O -y 9 Conditional Use Permit No. 201 O -� 9 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this 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. Planning Division 1. The banquet facility shall comply with the following development and operational standards. a_ All banquet facilities require a kitchen facility including, but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter /service facilities. b. All banquet facilities require sanitation facilities in compliance with the California Building Code building standards_ c_ Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one guard per 100 attendees, with a minimum of one security guard, or other security measures as approved by the Chief of Police. The guards shall be present until attendees have left the premises. d. All banquet facilities shall provide exterior lighting in compliance with Police Department standards. 2. All proposed site improvements must conform with Site Plan Review approval of DP No. 2010 -35. Resolution No. 2010 -12 Page 15 of 18 31 A -29 SEPTEMBER 27, 200 PAGE 2 OF 4 3. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended_ B. Police Department 1 . The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 2. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 3. It shall be the applicants) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant. 4. The applicants) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 5. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensees) shall be removed or painted within 24 hours of being applied. 7. There shall be no pool tables, amusement machines or video games maintained on the premises at any time. 8. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and � 2:00 a.m. unless Conditional Use Permit No. 20'10 -18 is approved. 9. Music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 20� 0 -7 2 Page � 6 of 7 8 31 A -30 SEPTEMBER 27, 20� O PAGE 3 OF 4 10. This land use authorization is only fora Type 47 on -sale general, public eating - place, any other license use at this location will require a new land use clearance. 11. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC section 12 -1 and 12 -2. 12. The premises shall not be operated as an adult entertainment business as such term is defined in Santa Ana Municipal Code section 41 -1701 .6. 13. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 14. Existing restaurant must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. 15. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board condition 14 must be complied with. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 18. Window displays and racks must be kept to a maximum height of three feet including merchandise. 19. Atimed- access cash controller or drop safe must be installed. 20. Install a silent armed robbery alarm. 21. The applicant shall employ a minimum of one uniformed, licensed security guard for every 100 persons in attendance per event, for the purpose of keeping the peace at all times entertainment is provided or that a cover charge, donation, or admission fee is collected to enter the premises. Resolution No. 2010 -12 Page 17 of 18 31 A -31 SEPTEMBER 27, 20� O PAGE40F4 22. 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 Department. 23. The applicant must submit a comprehensive security plan for Police Department review and approval. C. Fire Department 1 . Plans must note fire alarm system when submitted for plancheck. Resolution No. 201 O -� 2 Page 18 of � 8 31 A -32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE_ CONDITIONAL USE PERMIT NO. 2010 -20 TO ALLOW THE RAMONA BANQUET HALL AT 120 WEST FIFTH STREET, SUITE 110 — CARLA LEONARDO, APPLICANT �� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED Q As Recommended Q As Amended D Ordinance on 'I�' Reading � Ordinance on 2 "' Reading � Implementing Resolution (] Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2010 -20 as conditioned. PLANNING COMMISSION ACTION On September 27, 2010, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2010 -20 as conditioned by a vote of 7:0 to allow the Ramona Banquet Hall in the basement level of an existing commercial building at 120 West Fifth Street, Suite 110 located in the Specific Development No. 84- Downtown (SD84 -DT) 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. Jay revino Executive Director Planning &Building Agency LL:rb II \reports \PC end ZA\cup�0 -20 Ramona Bldg.cc Exhibit: A. Planning Commission Staff Report 31 B -1 31 B -2 REQUEST FOR Planning Commission Action _�: PLANNING COMMISSION MEETING DATE: PLANNING COMMISSION SECRETARY SEPTEMBER 27, 2010 APPROVED TITLE: � As Recommended PUBLIC HEARING —FILED BY CARLA LEONARDO O As Amended FOR CONDITIONAL USE PERMIT NO. 2010 -20 TO � Set Public Hearing For ALLOW THE RAMONA BANQUET HALL AT 120 WEST DENIED FIFTH STREET, SUITE 110 � Applicant's Request O Staff Recommendation CONTINUED TO Prepared by Lucy Linnaus Executive Director Planning Mana er RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2010 -20 as conditioned. DISCUSSION Request of Aualicant Carla Leonardo is requesting approval of a conditional use permit to allow the Ramona Banquet Hall in the basement level of an existing commercial building at 120 West Fifth Street, Suite 11 O. Proagrty Descriation The project site is located Downtown at the southeast corner of Fifth and Sycamore Streets. The site is developed with the Historic Ramona Building, amulti- tenant retail and office building that occupies the entire lot. As with most of the downtown buildings, parking is provided off -site on paved surface lots and public parking structures. The zoning designation for the site is Specific Development No. 84- Downtown (SD- 84 -DT), which is consistent with the General Plan land use designation of District Center (DC). Surrounding land uses include community assembly and office uses to the north, a parking structure to the east, office and retail uses to the south and a surface parking lot to the west (Exhibits 1 and 2). Proiect Descriation In 2008, the Ramona Banquet Hall began holding events within the Ramona Building. In response, Community Preservation cited the operator for operating a banquet facility without the proper permits. The applicant is now proposing to remodel a 7,572 square foot basement suite into a banquet facility. In compliance with the development standarcls established in Section4l -199.1 of 31 B -3 Conditional Use Permit No. 2010 -20 September 27, 2010 Page 2 the Santa Ana Municipal Code, a new 220 square foot kitchen facility to serve the hall will be provided. The maximum occupancy of the facility will be 350 persons. The hours of operation will be Monday through Thursday from 11:00 a.m. to 5:00 p.m. and Friday through Sunday, 4:00 p.m. to rnidnight, when most of the events are anticipated to take place (Exhibits 3 and 4). Analvs4s of the Issues In August 2000, the City of Santa Ana amended the SAMC to establish development and operational standards for banquet facilities. These standards were adopted in response to concerns that banquet facilities that did not maintain a high quality of service, adequate security, and adequate supervision had been associated with a number of detrimental impacts to the community that generated excessive police calls for service. The adoption of the standards established regulations that are intended to ensure that new banquet facilities will be safe, well maintained and would not result in a demand for Police Department calls for service. The project as proposed complies with the adopted standards for banquet facilities. The Ramona Banquet Hall will be equipped with a kitchen facility that will meet the standards established by the code. A kitchen will allow the event holders to provide safe and sanitary conditions to warm or refrigerate food, ample space for food preparation tables /counters and a safe manner to dispose food waste. An adequate number of restroom facilities in compliance with the California Building Code will be provided. One licensed uniformed security guard, approved by the Chief of Police, will also be provided for every hundred persons in attendance per event to prevent loitering, public drinking, and public intoxication_ The guards) will be present until all attendees have left the premises. In addition to the above referenced guard, the applicant will also provide a minimum of one State licensed uniformed security guard whose function will be to ensure patron safety when going to and from the detached parking structures. The project is consistent with the purpose of the General Plan Land Use Element, as it will further the goals and policies of the plan. In summary, as conditioned, the project will not create negative impacts to the surrounding business and residents; instead it will stabilize the downtown by creating new long term employment opportunities, utilize a substantially vacant portion of the building, and reduce the inventory of vacant commercial space. Based upon the analysis of the project and the project's compatibility with the City's General Plan and the standards adopted for banquet facilities, approval of Conditional Use Permit No. 2010 -20 as conditioned is recommended. 31 B -4 Conditional Use Permit No. 2010 -20 September 27, 2010 Page 3 CEQA Com�lianca In accordance with the California Environmental Quality Act, the proposed project is exempt from CEQA review per Section 15301. This Class 1 exemption applies to this project because it is a minor alteration to an existing structure and will be in conformance with all city codes and requirements. Categorical Ex ption No. 201 0 -59 will be filed for this project. Lu Lin us, AIA Senior P anner LL :jm 114eporte�PC end ZA�cupt 0 -20 Ramona Bldg.po 31 B -5 t •nom Vincent Frego o. P Principal Planner 31 B -6 R1 Rl u R1 R3_ R3- R3- I RD- Ri v v v v pa w we pa v U »D a lox U' w. I � �� o SP -3 SP-3 a a� �� t IIL__JII R1 - i r v so u to M1 a -a u u D Ml �B�c� RI R1 RI R1 R2 R3- R3- ps M2 '�Y xDx xon D R3 6S I SP-9 SP -3 M2 Do v w _ - � SPJ UM2 U - I _ _ � _ � Rz R2 u v P R2 ?� SP-3 R1 R7 Rt pt u uNt R2 P R2 va SP -9 1l�''��� 75 SP -3 UN p2 R2 R2 P 1N•�y' I � m P u R2 1 SP -S � w SP-� Rl •D RT Rf wt e o-w SD -20 UNl � D P P P SP -3 � � � ® .ro- P � P P -3 SP -9 SP -3 � r P P SP -3 ! •S Q '� `Po- TV 1111 wo- 1111 ' ' ^/ W� .sP GC Ora aT1 yi6 � � � �� �P 9 � v �" uR G0 � G CDT W UC UN2 �1 �1. `__i�'''I�� GC GC . y ❑ a J T GC d G.`.� N2 . . UC DC Oi DT DT UD uD � UN2 UM2 UN2 G� p aDm SD® 0� � OS O "� DT D� •t UM2 UN2 UIIZ •wNiw.wA pl t Di UN2 UM2 P P OT DT DT DT DT DT O5 DT UC os UN1 UNI P O — r 1 lo-ts � � OS - DT Di DT OT OT UMt UMt UN2 so-fa sD -z ! 50-1 uNt uN1 Dr uc uc uc uc cow Gf C2 _� _- - - - - -� • 11�G. 3 � C2-wn D2w� C2oau Dz.o� Ml � � Diw -� R2 R2 R2 R2 Of �w� ��� q2 R2 O. .w R2 @_ Ml -.%ao I 1• 72 — O Kex - -- �� II—�� SM W �� � R3 O R3 RJ O R3 M1 1� • P3 R3 p3 R3 R3 N R3 � ��wa $ i SM 9 R9 R3 D R3 ® R3 R3 R3 R R, M1 R2 R3 : R2 R3 , D- R3 A3 R3 R3 R3 � Rf � !* ^' R2 Rt_ Rl Al R1 Rl Y R2 R3 Su p, Rz Rz R1 R/ R1 R1 O � M I SM � � w1 R1 R1 R1 R7 n n nn nn nf�!i�l nn r� n n n r� R, R3 II-� At GENERAL AGRICULTURAL DT DOWNTOWN R2 TW6FAMILV RESIDENCE -B PARKING MODIFICATION -F FLOOR AREA RATIO R3 MULTIPLE - FAMILY RESIDENCE C/ COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R6 SUBURBAN APARTMENT C1-MD COMMUNfTY COMMERCIAL- MUSEUM DISTRICT Ml LIGHT INDUSTRIAL RE RESIDENTIAL ESTATE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL SD SPECIFIC DEVELOPMENT C4 PLANNED SHOPPING CENTER O OPEN SPACE SP SPECIFIC PLAN CS ARTERIAL COMMERCIAL -0Z OVERLAY ZONE TV TRANSff VILLAGE CDR CORRIDOR P PROFESSIONAL UC URBAN CENTER CR COMMERCAL RESIDENTIAL PRD PLANNED RESIDENTIAL DEVELOPMENT UN -1 URBAN NEIGHBORHOOD 1 CSM SOUTH MAN STREET COMMERCIAL DISTRICT Rl SINGLE- FAMILY RESIDENCE UN -2 URBAN NEGHBORMOOD 2 CUP 7 0 -20 � RAMONA BANQUET HALL �,, 720 WEST FIFTH STREET - - =SOG 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 7 31 B -7 ® M1 OVerlay Zona M2 Overlay Zone 31 B -8 F 1 FTH lit W d O Q Y Vl e f V � V O COMMUNITY O ASSEMBLY v FOURTH COMMERCIAL C O M R C 1 A L CUP 70 -20 _. RAMONA BANQUET HALL 120 WEST FIFTH STREET ST vi z cQ C ST. 6 V O V C M 6 f 0 v 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 B -10 �Tq vV• IM. '� i i I I i . .° Il'vH ti011N3nM1UJ _ 3JIA11353L94J'�NO']O)ZIdW V:� � Q3SOd02Id i �'�° - -,- bl¢�� r � _ I -nvw poi l��no:� ul� ailne vww n ? 1..' L _ � I � j� � L � _ s 1 Es � t Z � � t .1 = _ - - - - _ _ i - - � - - - - I c — 2 C Y _ Z � � 1 d - aoo a o � �000a000 ©�0000 I __��JP_ iQ -2o - EXHIBIT 3 31 B -11 la _�-- z Q w 31 B -12 v ^• �' I O O N ". �17IbH N011 SNd. \Afvi.i I 301A d7571321JMOJ ODriYWVJ Q35'�dO Cld �\ �� v �� `� u � _ ?� �3i i -- _ _- =�1 L C - O Z J )N1011r"lO Y VC1W tlul w Q \ 'i T' - rl6 T \ I / _ T \� I I�' � x — �'_ � a z — � — T LS H_LS i _ - _ _ __ w Q \ 'i T' - rl6 T \ I / _ T \� I I�' � x — �'_ � a z — � — T LS H_LS i - -- - CUP 10 -20 _ -- - - EXHIBIT 4 � Q s ..7 _ ,; ,, y -= _ � - s �- ��-< - � .w >a -- � �-= L � S,J .. I ` Z .� a - �. �, . �_ \� _ i \ 1\ \ r :.� M I � o .�� ; CJ __ 1 .. ��� __._ > > _ � Z i .a � �1� -':' 0 Cz] �` � �, � :,�' ' ' y,.. .n. a r..:....,. .........�.. . i I I. - -- - CUP 10 -20 _ -- - - EXHIBIT 4 31 B -14 ROH - 09/27/7 O RESOLUTION NO. 2010 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2010 -20 AS CONDITIONED TO OPERATE A BANQUET FACILITY ON THE PROPERTY LOCATED AT 120 WEST FIFTH STREET, SUITE 110 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 is requesting approval of Conditional Use Permit No. 2010 -20 to allow a banquet facility on the property located at 120 West Fifth Street, Suite 1 1 O. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for the operation of a banquet facility. C. On September 27, 2010, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2010 -20. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 201 0 -20 to allow for a Banquet Facility: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed use will contribute to the general well being of the community by providing an additional venue to hold meetings, parties and ceremonious gatherings to individuals who live and work in the area. Conditions have been placed on the banquet facility that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 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? Resolution No. 20� 0 -7 7 Page � of 5 31 B -15 The proposed use will not create any negative or adverse impacts to the surrounding community because the use will comply with all the adopted regulations and operational standards intended to ensure that banquet facilities will be safe, well maintained and will not result in a demand for Police Department calls for service. Moreover, conditions are imposed to mitigate any potential impacts that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will generate city tax revenue and employment in the community. In addition, the use will provide a tenant to a previously vacant suite and an additional service to the community, thereby enhancing rather than adversely affecting the economic stability of surrounding properties in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on banquet facilities pursuant to Chapter 41 of the Santa Ana Municipal Code. 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 project is consistent with the purpose of the General Plan Land Use Element, as it will further the goals and policies of the plan and not obstruct their attainment. The proposed use, as conditioned, is in compliance with the regulation identified in the zoning code. The project is not located in any specific plan of the City. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15301 , Class 1 because it is a minor alteration to an existing structure and will be in conformance with all city codes and requirements. Categorical Exemption Environmental Review No. 2010 -59 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2010 -20 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This Resolution No. 201 O -� 7 Page 2 of 5 31 B -16 decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 27, 2010 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of Ser�tember 201 O by the following vote: AYES: Commissioners: Acosta, Alderete, Betancourt, Gartner, Turner, Walters, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 20� 0 -17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 27. 200 Date: Secretary of the Planning Commission City of Santa Ana 31 B -17 Resolution No. 2010 -� 7 Page 3 of 5 31 B -18 EXHIBIT A Conditions for Aaaroval of Conditional Use Permit No. 20� 0 -20 Conditional Use Permit No. 201 0 -20 is approved subject to compliance, to the reasonable satisfaction of the Planning Commission, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below orior 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. Planning Division All proposed site improvements must conform to the Site Plan Review approval of DP No. 201 O -6. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The banquet facility shall comply with the following development and operational standards: a. The banquet facility shall provide a kitchen facility, including but not limited to, an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter /service facilities. b. The banquet facility shall provide sanitation facilities in compliance with the California Building Code building standards. c. Whenever there is entertainment with or without alcohol, the banquet facility shall provide a uniformed state licensed security guard, as approved by the chief of police, at the rate of one guard /100 attendees, with a minimum of one security guard, or other security measures as approved by the Chief of Police. The guards shall be present until all attendees have left the premises. Resolution No. 200 -77 Page 4 of 5 31 B -19 SEPTEMBER 27, 200 PAGE 2 OF 2 d. The banquet facility shall provide exterior lighting in compliance with the Police Department requirements. B. Police Department Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. See commercial or residential supplement. Discretionary action conditions (if applicable) must be printed on your set of plans. 2. In addition to the number of guards required by SAMC 41 -1 99.1 (c), the applicant shall provide a minimum of one State licensed uniformed security guard to ensure patron safety when going to and from the detached parking lot. Said guard is specifically assigned to this function until all activity on the premises has ceased and patrons have cleared the parking area. 3. This conditional use permit shall be reviewed at six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 4. Existing building and required parking within 60 feet must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters_ Resolution No. 2010 -17 Page 5 of 5 31 B -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: CONTRACT AWARD TO J.P. MORGAN CHASE TO BE THE OFFICIAL CITY DEPOSITORY FOR THREE -YEAR PERIOD COMMENCING JANUARY 1, 2011 ���- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I,l »��iPI �� � As Recommended � As Amended 0 Ordinance on 1 a` Reading 0 Ordinance on 2i° Reading 0 Implementing Resolution 0 Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution designating J.P. Morgan Chase, as the official depository for the City of Santa Ana. 2. Authorize the City Manager and the Executive Director of Finance and Management Services Agency to execute an agreement with J.P. Morgan Chase, the lowest responsible bidder, for athree -year period, with provision for atwo -year extension in the annual amount not to exceed $45,000 per year commencing January 1 , 201 1 . 3. Authorize the City Manager and the Executive Director of Finance and Management Services Agency to extend the term of the Treasury Services Agreement with Bank of America, N.A. through December 31 , 201 O, with provision for payment of claims for a six month period, through June 30, 2011. DISCUSSION The Treasury Division of the Finance and Management Services Agency is responsible for maintaining all banking transactions for the City, Redevelopment Agency and the Housing Authority. Banking services utilized include daily deposit processing, check clearing, wire services and account reconciliation. The current five -year contract for full banking services with Bank of America expired June 30, 2010. In order to ensure the City is keeping with changes in banking technology, services and assure competitive pricing, the Treasury Division issued a Request for Proposals. Notice inviting bids were sent to qualifying banks with branches located within the City of Santa Ana in April, 2010. Six proposals were received. All bids submitted were responsive to the specifications. Each respondent's proposal and price quotations were evaluated based on a typical month's volume of transactions. 55A -1 CONTRACT AWARD FOR OF OFFICIAL CITY DEPOSITORY October 18, 2010 Page 2 Based on this measure, the estimated annual cost of the six respondents is as follows: Bank Estimated Annual Cost J.P. Mor an Chase $ 27,332 Bank of America $ 32,136 Union Bank $ 36,116 Wells Far o Bank $ 37,565 Bank of the West $ 39,343 US Bank $ 53,397 � Evaluation based on normal monthly services. In addition to providing essential banking services, J.P. Morgan Chase has agreed to assist the City with additional banking services such as direct deposit of accounts payables. The recommended total annual amount reflects normal service costs plus an additional cost in the event the City utilizes other service options including the transitioning of check payment services. FISCAL IMPACT Monthly bank charges will be deducted from interest earned on account balances. Francisco Gutierrez Executive Director F�n.�gc� & M.anacaement Services Agency �;! Exhibit 1 Resol��tion l Exhibit 2 Agreement 55A -2 1559/23/'1 O RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING JP MORGAN CHASE BANK, N.A., AS THE DEPOSITORY FOR CITY OF SANTA ANA FUNDS, EFFECTIVE JANUARY 1, 2011, AND DESIGNATING SIGNATORIES AUTHORIZED FOR THE PURPOSE OF WITHDRAWAL OF SAID FUNDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1 . The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council of the City of Santa Ana ( "City ") has declared a policy of designating a bank within the City to act as depository for the demand deposits of City funds. B. After receiving and reviewing a number of proposals for the services required, the City hereby designates JPMorgan Chase Bank, N.A., 1300 North Main Street, Santa Ana, California ( "Bank "), as the banking institution that shall receive and act as depository for City funds and trust funds in control of said City, beginning January 1 , 201 1 , and continuing for a term of three (3) years, with the option to renew for an additional (2) two years unless sooner terminated. Section 2. The Executive Director of Finance and Management Services of the City is hereby authorized for and on behalf of the City, and as its officer and agent, to sign City of Santa Ana checks for the withdrawal of said funds so deposited, both by facsimile signature machine - imprinted upon City checks and by manually affixed signature upon City checks. Section 3. The Treasury Manager of the City is hereby authorized for and on behalf of the City, and as an agent of the City and a deputy of the Executive Director of Finance and Management Services to sign City of Santa Ana checks for the withdrawal of said funds so deposited by manually affixed signature thereon. Section 4. Said Bank is hereby authorized and directed to pay out from said City funds to the payees respectively designated on any City checks, signed in the manner and by either of the persons hereinabove authorized, in the amounts shown on the face of said checks. Exhibit 1 Resolution No. 2010 - Page 1 of 3 55A -3 Section 5. The City Manager is hereby authorized to designate in writing an agents) who shall be authorized to sign City checks for the payment or withdrawal of said funds when, due to physical absence, incapacity or death of either or both of said authorized signatories, it may be necessary on a temporary basis to provide other means for the signing of City checks, and /or for the payment or withdrawal of said funds. Any such authorization shall set forth the necessity for such designation, the period of time during which said authorization shall continue (by giving the exact starting and termination dates) and shall contain the certification of the Clerk of the Council over the official seal of the City of Santa Ana certifying that said authorization is in fact, signed by the qualified and acting City Manager, shall contain a specimen signature of the person designated as such temporary agent, and shall be delivered to said Bank. Section 6. The City Manager, or his designee, is hereby authorized to execute and submit all documents, including but not limited to applications, agreements and amendments which may be required to effectuate the banking services necessary for the administration of the City's demand deposit account. Section 7. A certified copy of this Resolution, together with the signatures of the two agents herein authorized to act in manual form and a copy of the facsimile signature machine - imprint of the Executive Director of Finance and Management Services certified by the Clerk of the Council to be the signatures of said persons, and an imprint of the official facsimile signature plate, shall be delivered to said Bank before the first day of January, 2011. Whenever either or both of said agents leave the employment of the City, is absent therefrom, or incapacitated for a period of time that will affect the issuance of City checks, the Clerk of the Council shall notify said Bank of said fact and shall certify the names, titles, and signatures of the persons) then designated as agents) of the City for the purpose of signing City checks in the manner hereinabove provided and shall notify said Bank of every termination of such authorization immediately upon receipt of such information. Section 8. 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 2010. Miguel A. Pulido Mayor 55A -4 Resolution No. 2010 - Page 2 of 3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 201 O -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 20'10 - Page 3 of 3 55A -5 55A -6 SECOND AMENDMENT TO AGREEMENT FOR TREASURY SERVICES THIS SECOND AMENDMENT TO AGREEMENT is entered into on September 20, 201 O, by and between BANK OF AMERICA, N.A. ( "Bank ") 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 -193, dated July 1, 2005, (hereinafter "said Agreement ") by which Bank has provided bank depository services for City. B. By amendment dated July 7, 2008, the parties agreed to extend the term of said Agreement. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one -year period and increase Compensation to pay for depository services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: I . The parties agree that Bank will continue to provide bank depository services for an additional six -month period, through December 31, 201 O. During the extended term of said Agreement Bank will cooperate with City and its new depository services provider to transfer services from Bank to new provider. At the end of the six -month period, Bank shall continue to accept instruments for payment for an additional six -month period, through June 1, 201 1. 2. Bank and City agree that during the extended term of said Agreement, Bank will charge fees for its services as set forth in the Schedule of Fees, attached hereto as Exhibit A, and incorporated by this reference. Total depository fees charged by Bank shall not exceed $100,000.00, during the extended term of said Agreement. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second 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 CITY OF SANTA ANA DAVID N. REAM City Manager BANK OF AMERICA, N.A. EXHIBIT 2 (NAME) (Title) 55A -7 55A -8 Laserfiche Client 7.2.l.lnk EXHIBIT A TREASURY MANAGEMENT SERVICES SCHEDULE OF FEES 55A -9 -` Treasury Management Services Schedule of Fees F�fjeclive 07/0!/2004 California- Commercial Accounts Account Reconcilement Services BankofAmerica ��� - Code Code Services /Unit Full Account Reconcilement 200019 13100 Minunum Monthly Maintenance 150.00 /account Monthly Maintenance 2000 ] O 131 O1 Automatic 75.00 /account 200019 13102 On -Call 125.00 /account 200100 1311 1 Additional Reconcilement (Automatic or OnCall) 50.00 /certification Issue Input Fees 200201 13137 Transmission -Per Media � 25.00 /transmission 200201 13103 Transmission -Per Item 0.070 /item 200202 13138 Magnetic Tape -Per Media 50.00 /tape 200202 13104 Magnetic Tape -Per Item 0.095 /item 200209 13139 Cartridge Tape -Per Media 50.00 /tape 200209 13105 Cartridge Tape -Per Item 0.095 /item - ,.l II 200203 200203 13140 13106 Diskette -Per Media Diskette Item 50.00 /diskette -Per 0.095 /item 20021 O 13108 Manual Input -Per Item 5.00 /item 20021 O 46458 ARP Manual Issue Input 5.00 Media Output Fees 200301 13118 Transmission � 35.00 /transmission 200302 13116 Magnetic Tape/Diskette 50.00 /tape 200309 13120 Cartridge Tape 20.00 /tape Options 200326 13145 Stale Dated Outstandings 0.03 /item 200311 13129 Microfiche - Certification 20.00 /fiche 20031 O 131 13 Extra Paid Report (Over 1 per month) 10.00 /report 200321 13114 Extra Outstanding Report (Over 1 per month) 10.00 /report 20031 1 13130 Microfiche -Extra Paid Report 20.00 /fiche 200311 13131 Microfiche -Extra Outstanding Report 50.00 /fiche 200311 46045 Microfiche Report 50.00 200322 13112 Disbursement Float Report 25.00 /report 200110 131 10 Issue Subtotal -Per Item 0.02 /per item Additional Report Copies 20031 O 13122 Reconcilement - Additional Copy 1 0.00 /copy 20031 O 13123 Paid Check Register Additional Copy 0.00 /copy 20031 O 13124 Check Issue Register - Additional Copy 0.00 /copy `` 20031 O 200310 13125 13126 Exceptions Report - Additional Copy Extra Paid 0.00 /copy �-�`} Report - Additional Copy 10.00 /copy 20031 O 13127 Extra Outstanding Report - Additional Copy 1 0.00 /copy Bank oT Ameriea Schedule oT Charges y - - _- - -- - EXHIBIT q - �_ _-� Treasury Management Services Schedule of Fees Effective 07/OI/1004 California- Commercial Accounts Account Reconcilement Services BankofAmeri �/�� Code Code Services 13301 /Unit 55.00 /account Per Item Fees Other Charges 133 02 ___... _ _ 0.12 200208 13175 Check Issue Input File Rejects 50.00 /file 2001 1 O 13133 INI Aged Exceptions 0.00 /item 35.00 2001 1 O 13107 Zero Dollar Input -Per Item 0.085 /item 25.00 /output Partial Account Reconcilement Diskette -First Account 200129 13200 Minimum Monthly Maintenance 100.00 /account Maintenance Fees _ 2 200020 13201 Monthly Maintenance 55.00 /account Per Item Fees 200120 13202 Partial Reconcilement 0.08 /item Media Output Fees 200301 13215 Transmission 35.00 /transmission 200302 132]2 Magnetic Tape (1st Acct) 50.00 /tape 200309 13213 200303 13214 Cartridge Tape (1st Acct) Diskette 50.00 /tape -�� -First Account 50.00 /diskette Options 200311 13209 Microfiche 20.00 /fiche 200310 13224 Stop Payment Report 20.00 /report 200325 13222 Subtotaling Report (Partial AR) 0.00 /location Additional Report Copies 20031 O 13208 Cumulative Snapshot Report - Additional Copy 10.00 /copy Other Charges 200121 13216 Credit -Per Item 0.12 /per item 200122 13217 Missing Location Number 1.00 /per item Deposit Reconcilement 100699 13300 Minimum Monthly Fee 200.00 /account Maintenance Fees 100600 13301 Monthly Maintenance 55.00 /account Per Item Fees 10061 O 133 02 Deposit Recon -Per Item (Credit or Debit) 0.12 /per item Media Output Fees 100701 13317 Transmission 35.00 /transmission 100709 100703 13315 13316 Disk/I'ape (Meg or Cartridge) 25.00 /output _ Diskette -First Account /diskette Bang of America Schedule of Charges _ 2 -= Treasury Management Services -� Schedule of Fees Effective 07/01/2004 California - Commercial Accounts Account Reconcilement Services 100710 13323 100725 13324 100610 13303 200500 13003 200500 13003 200500 13003 200500 13003 200500 13003 200500 13003 200500 13003 200500 13003 100610 13303 200500 13303 159999 151100 151310 151332 151336 151350 151351 151353 151353 151200 151220 13627 13602 46100 13605 13606 BankofAmeri =�� �� Subtotaling 0.00 Snapshot Report 20.00 Missing Location Number 1.00 Electronic Reconcilement (EREC) (Note:Bundled) CD Rom Re- creation Monthly Maintenance Fees Image Delivery per CD - CD Rom Without AR 95.00 With Full, Partial or Deposit Recon 40.00 Electronic Reconcilement (EREC) - continued (Note:Bundled) Reporting and Storage Fees Deposit Items 0.12 With Deposit Reconcilement 0.02 Check Itenl3 0.095 With Full or Partial AR 0.02 Miscellaneous Items 0.02 Additional History O 02 Other Options/Charges Missing Location Number 1.00 Special Cumulative Report 20.00 Other Account Reconcilement Services Check Services Serial Sort with Recon - Maintenance 100.00 Serial Sort with Recon -Per Item O.1 O ARP Safekeeping Item O.1 O Check Microfilm - Per Item 0.02 Duplicate Microfilm 15.00 /location /report /item /account /account /item /item /item /item /item /item /item /report /account /item /item /copy 15.00 - /account 0.045 /item 35.00 /CD Rom 1 0.00 /CD Rom At Cost At Cost f3anK of America SeF�edule of Charges - _ 3 Image Access (CD ROM) 05401 CD Rom Maintenance 05426 CD Rom Perlmage 05360 CD Rom Re- creation 05361 Image Delivery per CD - CD Rom AR Postage Fees 13609 Postage 1361 O Courier Mail /Express Mail /location /report /item /account /account /item /item /item /item /item /item /item /report /account /item /item /copy 15.00 - /account 0.045 /item 35.00 /CD Rom 1 0.00 /CD Rom At Cost At Cost f3anK of America SeF�edule of Charges - _ 3 -= Treasury Management Services BankofAmerica -� Schedule of Fees �� - E„$ecfi ve 07/0!/2004 California- CommercialAccounar Account Reconcilement Services (2) Not available on BA Direct BanK of Arnarlca Schatlula of Charga9 4 Other Options/Charges 200212 13607 Void/Stale Date Per Item 0.02 /item 200213 13608 Void/Stale Date Return 15.00 /return 209999 13619 Early Delivery Output Per Media 35.00 /transmission 200420 13613 Special Processing 40.00 /hour Positive Pay Services Online Positive Pay With Full Account Reconcilement 150120 20357 Online Positive Pay Return 1 0.00 /return 150322 13629 Positive Pay Returns Other 15.00 151341 20358 Oniine Positive Pay Photocopy Request 15.00 /photocopy 200201 13137 Check Issue Input -via Transmission 25.00 /transmission 200020 13210 Partial Recon with Ppay Maintenance 55.00 200120 13211 Partial PPay Item 0.08 - 20001 O 13160 Full Recon w/ Ppay Maintenance -Auto 75.00 20001 O 13161 Full Recon w/ Ppay Maintenance - Oncall 125.00 200201 13162 Full Recon Input per Item Trans 0.70 200209 13163 Full PPay Input Per Item -Other 0.95 200099 13164 Ppay Maint - No Recon 50.00 200021 13165 Ppay No Recon Input Per Item Tran 0.03 200209 13166 Ppay No Recon Input Per Item Other 0.03 Online Positive Pay Without Full Account Reconcilement 150030 Monthly Maintenance 50.00 /account 200201 Input File Transfer Fee 35.00 /transmission 200201 13137 Check Issue Input -via Transmission 25.00 /transmission Issue Input -Per Item 0.03 /item 150120 20357 Online Positive Pay Return 10.00 /return 151341 20358 Online Positive Pay Photocopy Request 8.00 /photocopy Online Reverse Positive Pay z With Partial Account Reconcilement 150120 20357 Online Reverse Positive Pay Return 1 0.00 /item 151341 20358 Online Reverse Positive Pay Photocopy Request 8.00 /item Online Reverse Positive Payz Without Partial Account Reconcilement 150031 20372 Online Reverse Positive Pay Maintenance 35.00 /account Output File Transfer Fee 25.00 /transmission 200201 13137 Check Issue Input -via TrAr�mssion 25.00 /tra„a,,,;esion Output -Per Item 0.03 /item 150120 20357 Online Reverse Positive Pay Return � 1 0.00 /item 151341 20358 Online Reverse Positive Pay Photocopy Request 8.00 /item (2) Not available on BA Direct BanK of Arnarlca Schatlula of Charga9 4 Treasury Management Services BanlcofAmeric Schedule of Fees '��_ E�eclive 07/OI/2004 California- Commercial Accounts Account Reconcilement Services Code Code Services /Unit ACH - Standard Plan Set -Up 251000 19101 ACH Set -Up 250.00 /initial setup 251000 19102 Additional Set -Ups 100.00 /co. number 251000 19710 ACH Transmission Set- UpPTest ��.,- n.;«rump 0.00 /one time fee Monthly Maintenance 250000 19229 First Company ID 125.00 /co. number /month 250000 19229 Each Additional Company (2 +) 100.00 /co. number /month Input Charges 250502 19112 Magnetic Tape Input 150.00 /input 250501 191 1 O Data Transmission Input 25.00 /input 250504 19151 PC ACH/ BA Direct 1 -10 20.00 /input _` _� 1 O+ 251040 19134 Vendor (Batches) 1 -]O 15.00 /input 15.00 /input 10+ 250102 191 18 Bank Initiated Extract Fee 10.00 /input 259999 19208 Security Procedure Hardware Encryption 0.005 /item 50.00 /month Item Processing 250107 191 14 Corporate to Consumer On -Us Items - Credits I- 10,000 O.OS /item 10,001 - 25,000 O.OS /item 25,001 - 75,000 O.OS /item 75,000 + 250107 19213 Corporate to Consumer On -Us Items - Debits O.OS /item -'� 1- 10,000 O.OS /item 10,001 - 25,000 O.OS /item 25,001 - 75,000 O.OS /item 75,000 + O.OS /item Item Processing (continued) 250107 191 15 Corporate to Consumer OB=Us - Credits 1 -25000 0.10 /item 25,001 - 75,000 0.10 /item 75,001 - 150,000 0.10 /item 150,001 + 250107 19214 Corporate to Consumer Off Us - Debits 0.10 /item I -25000 O.1 O /item 25,001- 75,000 0.10 /item 75,001 - 150,000 0.10 -� -- /item 150,001 + 0.10 /item BanK of Nnerlca ScheHula oT Charges 5 _... _ — - ___ ..._ —.- -ate— - _._ _ �___. _ v vi--� � z Treasury Management Services BankofAmerica Schedule of Fees �� 6ff—t— 0710112004 Calijbrnia- CommercialAccounts Account Reconcilement Services Code Code Serv ices knit 1 -5,000 5,001 - 10,000 __ /item - 10,001- 50,000 /item 50,001-+- /item 250101 19427 Corporate to Corporate On -Us Items - Credits 1 -5,000 0.05 /item 5,001 - 10,000 0.05 /item 10,001 + 0.05 /item 1- 999,999 250102 14012 Corporate to Corporate On -Us Items - Debits 1 -5,000 0.05 /item 5,001- 10,000 0.05 /item 10,001-+- 0.05 /item 250101 19428 Corporate to Corporate Off-Us - Credits 1 -5,000 0.10 /item 5,001- 10,000 0.10 /item - 10,001 + 0.10 /item 1-1,000 /item 1,001 - 10,000 /item 10,001 + /item Item Processing (continued) 250100 14013 Corporate to Corporate Off-Us - Debits 1 -5,000 0.10 /item 5,001- 10,000 0.10 /item 10,001-1- 0.10 /item 251211 19117 International Items 1 -100 3.50 /item 101 -500 2.50 /item 501 + 1.50 /item 250120 14015 Originated Addenda's 0.05 250140 19119 ACH Night Premium Window Surcharge 0.05 /item Exception Item Processing 250310 14017 ACH Reclears 1 -25 6.50 /item 26 -200 6.50 /item 201 -1,000 6.50 /item 1,001 + 6.50 /item 250300 19120 Returned Items - ACH Return 1 -25 5.00 /item 26 -200 5.00 /item 201 -1,000 5.00 /Item 1,001-+- 5.00 /item Bank of America schedule of charges ., _ 6 '= Treasury Management Services BankofAmeri ��! -�� Schedule of Fees �� Effective 07/01/2004 California- Commercial Accounts Account Reconcilement Services 251070 19121 Notification of Change 2.00 /item 250640 19122 ACH Delete/ Reversals 20.00 /item 250622 19716 Delete/Reversal -Batch File 100.00 /batch/file Optional Services 259999 19109 ACH Special Processing (Per Month) 50.00 /month 250400 19108 Data Transmission -ACH Return Item File 75.00 /month 251 O1 O 19146 Trace Request 20.00 /item 250100 19215 Drafts 3.00 /draft 259999 19104 ACH Manual Prefund Surcharge 100.00 /month 259999 ' 19124 ACH Special Handling 100.00 /hour 250102 19118 Bank Extract Fee 0.005 /item ACH Staridard Reports 259999 19243 Electronic (via BA Direct) 2.00 /report 259999 19241 Mail 10.00 /report 259999 19244 Fax 5.00 /report ACH Optional Reports 259999 19237 Electronic (via BA Direct) 2.00 /report 259999 19239 Mai] 10.00 /report 259999 19238 Fax 5.00 /report ACH -Low Volume Set Up 251000 19101 ACH Set -Up 250.00 /initial setup 251000 19102 Additional Set -Ups 100.00 /co. number 251000 19710 ACH Transmission Set- UplTest tta�,,,.r.�ro�� 0.00 /one time fee Monthly Maintenance 250000 19435 Monthly Maintenance 1 0.00 /co.number /month Input Charges 250504 19154 ACH -Low Volume Input No charge /input Item Processing (monthly volume) 250102 14067 On Us Items 1.50 /item 250102 14068 O$=Us Items 2.50 /item j Bank of America Schedule of Charges _ _ 7 _�__ _... - -_-_ —.— -_ ___ . _ a. ___ _ . —_ _ _ :a — ::. _ _ � __ - _ —_ _._ ._ _ Ems.. *- �1"� ---- -- - .. _— - ___ _ _.__. —__ - Treasury Management Services -� Schedule of Fees `- E�ecrive 07/OI/2004 California- Commercial Accounts Account Reconcilement Services Code Code 250310 14017 250300 19120 251070 19121 250640 19122 250622 19716 T� 259999 250400 251010 250100 259999 259999 250102 '_ -� 259999 259999 259999 259999 259999 259999 19109 19108 19146 19215 19104 19124 19118 19243 19241 19244 19237 19239 19238 Services Exception Item Processing ACH Recleazs 1 -25 26 -200 201 -1,000 1,001 + Returned Items -ACH Return 1 -25 26 -200 201 -1,000 1,001 + Noti{ cation of Change ACH Delete) Reversals Delete/Reversal -Batch File Optional Services ACH Special Processing (Per Month) Data Transmission -ACH Return Item File Trace Request Drafrs ACH Manual Prefund Surcharge ACH Special Handling Bank Extract Fee ACH Standard Reports Electronic (via BA Direct) Mail Fax ACH Optional Reports Electronic (via BA Direct) Mail Fax BankofAmeric %� /Unit 6.50 /item 6.50 /item 6.50 /item 6.50 /item 5.00 /item 5.00 /item 5.00 /item 5.00 /item 2.00 /item 20.00 /item 100.00 /batch/file 50.00 /month 75.00 /month 20.00 /item 3.00 /draft 100.00 /month 100.00 /hour 0.005 /item 2.00 /report 10.00 /report 5.00 /report 2.00 /report 10.00 /report 5.00 /report Bank of Arnarica SeF�edule of Ctiargea 8 BanK of America Sehedute of Charges 9 Treasury Management Services BankofAmerica Schedule of Fees ��� - -' E,¢ective 07/OI/2004 California- Comm¢rcial Accounts Account Reconcilement Services Code Code Services /L7nit ACH Cash Concentration Service Monthly Maintenance 260000 21029 Company Maintenance Vendor 15.00 /month Location Maintenance - Add/Change/Delete or Cash 260501 21024 Con Add -Maint Location 5.00 /unit 269999 21032 Inactive Location 5.00 /month Item Processing 260310 21025 Voice Input 0.95 /item 260310 21026 Touchtone Input 0.85 /item 260399 21022 Inquiry/ Correction 2.50 /item 260399 21028 MIS Input 0.10 /item 260502 21020 Fields Stored > 5 days 0.15 _ _`` j Reports 260499 21030 Cash Concentration Report - Vendor ] .50 /report 260499 2 ] 031 Cash Concentration Report -Per Item - Vendor O.1 O /item ACH - Receive Services PayOnly (Fraud Controls) 250150 19751 Account Blocks 1 0.00 /item 250150 19761 Account Filters 1.00 /instruction ACH Activity Posted 250200 45664 ACH Debits Received 0.10 /item 250201 45662 ACH Credits Received O.1 O /item BanK of America Sehedute of Charges 9 '= Treasury Management Services BankofAmerica -�� Schedule of Fees ��� -" Effecfive 0710112004 California- Commercial Accounts Account Reconcilement Services Code Code Services /Unit Automated Investment Services - AIS Sweep FOR PUBLIC ENTITIES ONLY Public Fund Repo Investment 450020 00291 Public Fund Repo Investment- Account Maint_ 200.00 /acct/month Multi- Account Public Fund 450020 00291 Master Account 200.00 /acct/month 450020 00285 Multi Accounts 100.00 /acct/month Additional Charges 459999 00236 Special Handling AIS /ABM stmt 12.50 BA Direct - Information Reporting, Stop Payments, Wires Information Reporting Previous Day 400052 20105 Monthly Maintenance 100.00 /month/client ID 400222 20107 Previous Day Reporting Per Account 75.00 /acct/month 400221 20110 Detail - Per Item (Items stored for 5 days) 0.17 /item 400800 20109 Detail - Per Item (Extended storage - 25 days) 0.20 /item Current Day 400055 20106 Monthly Maintenance (includes 2 accts) 100.00 /montb/client ID 400225 20108 Current Day Account Mtn ( 1 -2 accounts) 0.00 /account 3+ accounts 75.00 /account 400224 20111 Detail - Per Item 0.60 /item Mainframe Transmission Reporting (M2M) Previous Day Reporting 400110 47120 Monthly Maintenance 0.00 400110 26403 Per Account 75.00 400110 47121 Per Item 0.17 Current Day Reporting 400110 26400 Monthly Maintenance 0.00 400110 26402 Per Account 75.00 400110 26401 Per Item 0.60 Incoming Data Exchange (IDX) Previous Day 400120 19162 Direct IDX PDR per Account Maintenance 65.00 /IDX account 400221 20113 Direct IDX PDR - Per Item (stored for 5 days) 0.17 /item 400800 20114 Direct IDX PDR- Per Item (Ext" storage - 25 days) 0.20 /item C'' ank of America Schedule of Charges _ 10 = Treasury Management Services BankofAmerica Schedule of Fees ��� - Effective 07/01 ?004 Californtt:- Commercial flccounts Account Reconcilement Services Code Code Services /Unit Current Day 400120 201 15 Direct IDX CDR per Account Maintenance 65.00 /IDX account 400224 201 12 Direct IDX CDR -Per item 0.60 /item Online Statements (IDS) 010306 25037 DDA Statement 20.00 /accUmonth Account Analysis Statement ACH Reports 259999 19243 Standard Reports 2.00 /report 259999 19237 Optional Reports 2.00 /report Account Reconcilement 200305 13227 Reports - 6 cycle 20.00 /accUmonth 200305 13228 Reports - 24 cycles 30.00 /accVmonth Single Check Issue Input No charge _ 050400 Receipts Direct (BA Direct -Image Locicboa) __j 27690 Receipts Image Access Maintenance 100.00 /month -` 050121 27691 Receipts Image access per item O.OS /each Account Transfers 350120 08577 Direct Account Transfers 3.00 /transfer Payments Direct -Wires 359999 201 17 BA Direct Wire Maintenance 50.00 /month 350551 20364 Customer Maintained Template Storage 1.50 /template/month 350551 20361 Bank Maintained Template Storage.. 1.75 /template month 350103 08529 Electronic Wire Out - Domestic 9.00 /wire 350123 0871 O Electronic Wire Out -Book Debit 5.50 /transfer 350541 08511 Electronic Wire Out - Domestic Repair 1 1.00 /repair 350524 08802 Electronic Draw Request -Out 7.50 /request 350524 08414 Electronic Draw Request -Out Repair 7.50 /repair 3501 13 08726 Electronic Wire Out - International (USD) 9.50 /wire 3501 13 08717 Electronic Intemational (USD) Out -Ours 35.00 /wire Payments Direct - Foreign Exchange Wires and Drafts 600221 08723 Electronic Wire Out - International (FX) 9.50 /wire 600221 08413 Electronic Wire Out - International (FX) -Ours 25.00 /wire 359999 08825 Outgoing Global Cheque - USD -Auto 10.00 /cheque 60021 O 08827 Electronic Draft Issue - International (FX) 5.00 /draft 60021 O 08401 On -Site Foreign Draft Printing 2.50 /draft _ J Bank of Artieriea Schedule of Charges _ yy ,, - -- - - --- Treasury Management Services � `� ScF�edule of Fees E$ecHve 07/0111004 California- Commercial Accounir Account Reconcilement Services BankofAmcrica � ���- Controlled Disbursement Services - DeKalb GA Maintenance Fees 150000 16402 Controlled Disbursement Monthly Maintenance 010000 00100 Deposit Account Maintenance 159999 44025 Controlled Disb. Funding Credit (CDA2000) 150.00 /month 30.00 /month 1.00 /credit Stop Payments 150410 44010 Stop Pay Automated � = 12 months ** 12.00 /stop 150410 44011 Stop Pay Automated > 12 months ** 35.00 /stop 150400 19163 Stop Pay Inquiry 1.00 /inquiry 150400 19160 Paid Item Inquiry 1.00 /inquiry 151351 47019 Image Retrieval via BA Direct 0.25 /item 151351 44315 Image Access 209999 44316 Image requested - Duect 2.00 /image 209999 44318 Positive Pay Image Requested - Direct 0.00 /image 25,001 to 50,000 0.02 /item "* Includes single stops initiated by the VRU 50,001 + O.OIS Controlled Disbursement Services - DeKalb GA Maintenance Fees 150000 16402 Controlled Disbursement Monthly Maintenance 010000 00100 Deposit Account Maintenance 159999 44025 Controlled Disb. Funding Credit (CDA2000) 150.00 /month 30.00 /month 1.00 /credit 12 Checks Paid 1501 10 16404 Checks Paid 0.15 /item 150300 16551 Check Reject Charge >1 % 0.50 /item 150340 051 O1 NSF Returned Check 0.00 /item Image/CD Rom Services 151350 44314 CD Rom Maintenance 35.00 /month 151351 44315 CD Rom Item (Daily) 1 to 10,000 0.03 /item 10,001 to 25,000 0.025 /item 25,001 to 50,000 0.02 /item 50,001 + O.OIS /item 151353 05361 CD Rom Disk 10.00 /disk 151353 46088 CD Rom Reburn 25.00 /CD Rom Full Account Reconcilement with Electronic Positive Pay 20001 O 46442 Full Reconcilement Maintenance (per cycle) 85.00 /month 2001 1 O 46443 Full Reconcilement Per Item 1 to 10,000 0.06 /item 10,001 to 25,000 0.055 /item -� 25,001 to 50,000 0.05 /item 50,001 + 0.045 /item Bank of America Schedule oT Charges 12 -= Treasury Management Services BankofAmerica �- -� Schedule of Fees ��� E�ecrive 07/07/2004 California- Comm¢rcial Accounts Account Reconcilement Services Code Code Services /Unit _� 60.00 /month O.OS /item 0.045 /item 0.04 /item 0.035 /item 100.00 /month/acct Partial Account Reconcilement /item 50.00 with Electronic Positive Pay 200020 46444 Partial Reconcilement Maintenance (per cycle) 200120 46445 Partial Reconcilement Per Item 75.00 /month 1 to 10,000 /month 10,001 to 25,000 25,001 to 50,000 50,001 + Optional Services: Full Acct Recon 8z Partial 200301 46046 Daily Paid Item Transmission 200301 46047 Daily Paid Item 200301 46048 Additional Data Field 200301 46067 Recon Transmission 200210 46458 Manual Issue Input �� 151299 150230 46089 46085 Special Processing Stale Date Maintenance 150240 46086 Maximum Dollar Maintenance BA Direct - Electronic Positive Pay 15 ] 350 44317 Pos Pay Image Maintenance 150322 46455 Pos Pay Returns /Other 01061 O 25 ] O 1 Photocopy/Microfiche Copy On BAMTRAC - CDR Funding Totals Oaty * No Stops * No PosPay On BA Direct - Funding Totals - Detail Reporting - Stop Payments - Image PosPay _� 60.00 /month O.OS /item 0.045 /item 0.04 /item 0.035 /item 100.00 /month/acct O.O 1 /item 50.00 /month 25.00 /each 1.00 /item 40.00 /how 75.00 /month 75.00 /month 0.00 /month 15.00 /item 2.00 /item BanK of America Schsduls of Chargss _ _. � 3 -= Treasury Management Services Bar�kofAmeri Schedule of Fees ��� �� - Effective 07/07/2004 California- Commercial Accounts Account Reconcflement Services Code Code Services /Unit Controlled Disbursement Services - Northbrook, IL Maintenance Fees 150000 16400 Monthly Maintenance 150.00 /account 010022 16501 ZBA Maintenance 20.00 /account Funding Options - Bamtrac or Direct Current Day Reporting Checks Paid bees 150110 16403 Northbrook Checks Paid 0.15 /item 150112 16406 Northbrook Checks Paid - Truncated 0.12 /item 151342 16825 Photocopy Request 5.00 /copy _ -_ -� Additional Options/Charges 151200 16526 Controlled Disbursement Postage 0.01 /item Other Services that may apply: Slop Payments Image Services Check Sequencing Controlled Disbursement Services - Walnut Creek Maintenance Fees 150000 16401 Monthly Maintenance 150.00 /account ZBA Maintenance (No Charge) Funding Options - Bamtrac or Direct Currency Day Reporting Checks Paid Fee 1501 1 O 16405 Walnut Creek Checks Paid 0.15 /item 150112 16407 Walnut Creek Checks Paid - Truncated 0.12 /item Photocopy Request 151342 16825 Check Copy 5.00 /copy �. _� Additional Options/Charges 151200 16526 Controlled Disbursement Postage 0.01 /item Bank of America Schedule of Charges . _ _ � 4 „�_ - -_ -- _-cam_ _� _ .:`_ ._- Treasury Management Services BankofAmerica . -� Schedule of Fees ��� - E�eclive 07/OI/1004 California- Co�nmercu:l Accounts 100000 Account Reconcilement Services Banking Center Processed Deposit Code Code Services /Unit Other Services that may apply: 100100 Stop Payments Oilier Deposits Image Services 19700 Check Sequencing Depository + Checks Deposited Maintenance 010020 00201 Master Account Maintenance 25.00 /account/month � 010000 00202 Sub Account 5.00 /account/month IDS Statement /Supplement Report 87902 010320 25032 Statement Sorting /Subtotaling 10.00 _. _� _� Depository Services - Banking Center - CAL.IFORNIA Deposit Services Deposits 100000 071 18 Banking Center Processed Deposit 100007 07120 QBD, Night Drop Deposit 100100 O] 140 Oilier Deposits 250201 19700 ACH credits received Checks Deposited Unencoded� 100222 87102 Checks Deposited -All Items 100222 87902 Checks Deposited 100310 87160 Foreign Checks 10031 O 87960 Foreign Checks Bank of Amarlea Schedule oT Charges 1.75 /deposit 1.20 /deposit 1.20 /deposit 0.10 /item 0.105 /check 1.00 /check 1S - Treasury Management Services - -� Schedule of Fees - E�{jec[ive 07/07 ?004 Cai'Ifornia- Comm¢rcialAccounLs Account Reconcilement Services _-__� Depository Services -Cash Vault - CALIFORNIA /deposit l3anKing Center Coitt/Currency Deposited 70001 O 03000 Coin Deposited - Miscellaneous Loose or Roll Deposits 100200 Coin Deposited - Bagged Loose Coin 1001 13 03400 Coin Deposited -Std Bags - Vlt (Sorted) 100012 03200 Nonstandard Bags: Sorted (by denomination) 100012 03300 Nonstandard Bags: Mixed (denominations) 109999 071 19 Non Standard Bag Surcharge 100013 03450 Coin Deposited -Bags Subject -to -Count IOOOIZ 071 17 Coin /Currency Deposited / $100 Vault Deposit - Extended Hours 100154 Coin 8c Currency Requisition Services 100040 07113 Change Order -Bkg. Center (Armored Carrier /Courier delivered) Banking Center Coin Supplied 100044 071 15 Individual Roll 100044 07114 Rol]/Box -Std Box 100044 96950 Coin Supplied /Full Box -Bkg Ctr. 100049 071 16 Cutrency Supplied / $100 Depository Services -Cash Vault - CALIFORNIA /deposit 1.20 Deposit Services 1.20 /deposit Deposits 100200 41055 Cash Letter/Item Processing 100000 41042 Deposits/ Other Credits 100,100 01140 Other Deposits 100000 41046 Lockbox Deposits 100007 07120 QBD, Quick Business Deposit /Night Depository 100100 O 1 100 Vault Deposits - Regular Hours 100151 01200 Vault Deposit - Extended Hours 100154 O 1500 Split Vault Deposit - Extended Hours' (Armored Carrier /Courier delivered) No[e: One deposit slip for checks only; PLUS one deposit slip for currency / coin /food /coupons /banlccard dmfts (E_60/.60 per slip) 100104 01300 Envelope Deposit Detail (Each envelope or subtotal pacicage)Z 100105 01411 Envelope Deposit - No Detail- CA 100106 01950 Deposit Conditioning Surcharge3 BankofAmerica �� �!� 0.03 /bag 3.00 /bag 5.00 /bag 5.00 /bag 5.00 /bag 5.00 /bag 0.22 /$100 2.20 /order 0.10 /roll 0.065 /roll 3.50 /box 0.12 /$100 1.20 /deposit 1.20 /deposit 1.20 /deposit 1.20 /deposit 1.20 /deposit 1. ?.O /deposit 3.00 /deposit 0.60 /each deposit slip 1.75 /envelope/package 0.75 /envelope 3.00 /deposit Bank of America Schedule of Charges � 6 Treasury Management Services ScF�edule of Fees �' Ejfecttve 07/01 /2004 California- Commercial Accounts Account Reconcilement Services Code Code Services 100501 01900 Deposit Correction -Cash - CA 100502 41035 Deposit Correction -Non Cash 100520 42125 Deposit Correction -Phone Call 100104 42002 Envelope Deposit Detail (Each envelope or subtotal package)Z BankofAmeric =i�� 5.00 /adjustment 10.00 /deposit /envelope /package (I) Split Vault Deposits: The per deposit slip pricing is applicable only if both chalc and cash items are deposited with Bann of America on a daily bazis, volume minimums are met, and deposi [s are packaged according to defined standards. The total fa for a Split Deposit is $1.20 ($.60 each deposit slip)_ The standard cash vault bag is a clear plastic, disposable bag. Clients purohaze their own deposit bags which must meet cash vaulc criteria. These deposits require special arrangements through Customer Service and Product Management prior to implementation. (2) This charge is in addition to the standard Vault Deposil fee. Any manner of packaging of deposit components in small sub -total groups, whether in an envelope or not, is considered an Envelope Deposit. Each envelope or package is subject to a Vault Deposit Adjustment (Cash) charge if out of balance. Standard packaging criteria apply. (3) A Deposit Conditioning charge is applicable if the processing unit is required to sort and precondition the deposit beforo it can be verified. _� Deposits (continued) _ 1001 OS 42003 Envelope Deposit - No Detail /envelope 100106 99055 Deposit Conditioning Surcharge Vault /deposit 100540 O 1905 Duplicate Adjustment Copy 2.00 /copy Duplicate Deposit Slip (if provided by customer) First duplicate No Charge 100152 01975 Each additional duplicate (prepared by bank) 2.00 /copy 100152 07555 Missing Deposit Slip 5.00 /deposit 109999 07560 Missing Non - Standard Carrier Receipt 5.00 /deposit 100051 01150 Safe Keeping Fee Per Bag 3.00 /bag Deposit Components Coin Deposited Vault Coin Deposited - Bagged Loose Coin 1001 13 03400 Standard Bags 3.00 /bag 100111 03425 Nonstandard Bags:Sorted by Denomination 5.00 /bag 100111 03426 Nonstandard Bags: Mixed Denominations 5.00 /bag Vault Currency /Coin Deposited 1001 1Z 03600 Vault Ctrrency /Coin Deposited 0.12 /$100 10011 Z 4201 O Giirr /Coin Deposited / $100 - Vlt /$100 10001 Z 07121 GYtrr /Coin Deposited / QBD/ Night Drop / $100 0.12 /$100 100115 03610 Vault Cuurency Deposited - Std Strapped Pkgs Only (FED ready)° 0.09 /$100 (Note: Subject to speciSc volume and packaging criteria) 1 .._J Bank of Amerlea Schedule of Charges � 7 _ ._... — ��� —�.ss -• - �.. __ ._ _ � -. _. � _ _... - _ _ -- _ —____ = Treasury Management Services '� Schedule of Fees Effective 07/01/1004 California- Commercial Accounts Account Reconcilement Services b�ood Coupons Deposited 100120 02700 Unstrapped Bundles, or Loose 100020 02000 Standazd Strapped Bundles (FED Ready) BankofAmerica �� ��� 0.065 /coupon No Charge (2) This charge is in addition to the standard Vault Deposit fee. Any manner of packaging of deposit components in sma[1 sub -total groups, whether in an envelope or not, is considered an Envelope Deposit Each envelope or package is subject to a Vault Deposit Adjustment (Cash) charge if out of balance. Standard packaging criteria apply. (4) This service requires special arrangements through Customer Service and Product Management prior to implementation. This pricing is applicable only for deposits consisting of standard strapped packages of currency (FED ready); minimum volumes are required. (5) Dollar amount is not encoded by client. -_ (6) Preconditioned deposits contain fully encoded checks and deposit slips; client preparrs and encodes batch headers. (7) Additi oval charges apply if our equipment is unable [o read items your dollar encoded. This charge applies to encoding rejects for each check over the sr�,.d�rd reject rate of 0.75 %. Bank of Mterlca Schedule of Charges ys Checks Deposited Unencodeds 100222 87102 Checks Deposited -All Items 0.105 /check 100310 87160 Foreign Checks 1.00 /check 100229 4190 Checks Deposited -All Items Customer Encoded (Fully encoded and preconditioned)6 100210 87105 Checks Deposited On -Us Items -CA 0.042 /check 100212 87108 Checks Deposited Local Clearings -CA 0.048 /check 100213 871 14 Checks Deposited - Select in Dist -CA. 0.055 /check 100213 87914 Checks Deposited -Other In District /check 100214 87123 Checks Deposited -All Other -CA 0.075 /check 100214 4403 Checks Deposited -All Other -CA 100215 87110 Checks Deposited - Local RCPC 0.055 /check 100230 87142 Checks Deposited- Rejects > .8% 1.000 10031 O 04801 Foreign Checks 1.00 /check 100214 4450 Checks Deposited- Fully Encoded Non CA Dep Customer Encoded (Fully encoded and preconditioaed)6 100218 87921 Checks Deposited- Prem Endpoint 100230 04900 Encoded Check Reject Rate Charge 0.30 /check 100212 87168 Check Deposited -Pre- Encoded Items - CA 0.075 /check (5) Dollar amount is not encoded by client. -_ (6) Preconditioned deposits contain fully encoded checks and deposit slips; client preparrs and encodes batch headers. (7) Additi oval charges apply if our equipment is unable [o read items your dollar encoded. This charge applies to encoding rejects for each check over the sr�,.d�rd reject rate of 0.75 %. Bank of Mterlca Schedule of Charges ys Treasury Management Services '� Schedule of Fees .� E�ec[ive 07/OJr2004 California- Commercial Accounts Account Reconcilement Services BanlcofAmeri �I�� Code Code Services /Unit Coin 8c Currency Requisitions 100141 07425 100142 07400 100141 07425 100143 07450 100144 07125 100144 07111 100147 07105 �- -� 10014A 07300 -� --' 100148 07305 10014D 07326 Change Orderss Change Order -Vault Standing Call -In (Change Order deadline may vary by vault) Late Change Order -Vlt (i.e. same day delivery) (Includes special handling of orders in Lieu ofcus[omer using cash vaults automated touchtone change order system where it is available.) Coin Supplied By Individual Roll /Nonstandard Quantity9 In standard Box Quantities Loose, in Standard Bags1O Currency Supplied In Standard Straps (FED Straps) In Nonstandard Quantiites9 Superfit ATM Currency (Minimum order 320,000,' 320 b[ /Ls only. Available only from San Francisco and Los Ange /es cash vaults) Depository Services - General - CALIFORNIA 3.00 /order 3.00 /order 3.00 /order 3.00 /order 0.085 /roll 0.065 /roll 1.75 /bag 0.09 /$100 0.12 /$100 0.12 /$100 Bank of America Schedule of Charges __ y 9 Monthly Maintenance 010000 00100 Monthly Maintenance 32.00 /account 010020 00201 Monthly Zero Balance Master Acct. Mtn. (") 35.00 /master account 010021 00200 ZBA Subsidiary Account Maintenance 25.00 /account (") This pricepoint Is shared with DEP+ Master Account Maintenance_ Statement Services 010310 25010 Additional Paper Stints (mole rna,. i :ten <aw<a simvam) 7.50 /statement O 10310 82014 Fax of Deposit Statement 35.00 /statement Sta temeat Services - Optional Reports 10320 25033 IDS Item Sort 0.00 (Note: Used for grandfa[hered (102001) CDA Deposit Sort Supplement Report) 010320 25025 Checks Paid -Report 10.00 /report 010320 010610 25024 25005 Checks Paid (copy) 7.50 /copy Statement Copy 4.00 /statement Bank of America Schedule of Charges __ y 9 - Treasury Management Services -�� Schedule of Fees ' E$ective 07/OI/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeric `I' Code Code Services knit Bank of America Schedule of Charges 20 __:: _ - _— -- - -�_ �_. _- .- .as-.z - - - — .a.a,�3�� -e —_ - -- - - -- -- - -- �. _ __. � Deposited Items Returned / Recleaned (subject to prior agreement) 100400 05000 Returned Item Chargeback 5.00 /item 100440 05098 Foreign Deposited Items Returned 15.00 /item 100402 05050 Deposited Items Recleazed <s„rlut to p.ior at�r�o�p 5.50 /item 100420 05075 Returned Items Courtesy Call - Information 10.00 /call 100420 05077 Returned Items Required Call - Disposition 10.00 /call 100440 05080 Returned Items Advice - Duplicate Copy 2.00 /copy 100400 04163 Returns Multiple Bank Return 1 00 RCK (recleaning checks electronically) 100402 05031 Returns -Rck ACH Reclears 2.00 /item 100400 05032 Returns -Rck ACH Chazgeback 2.00 /item 100402 05036 Returns -Rck Paper Reclean 3.00 /item 100400 05035 Returns -Rck Paper Chazgeback 3.00 /item 100401 05038 Returns -Rck Special Handling 1.00 /item 100440 05040 Returns -Rck Custom Report Set -Up 100.00 100401 05039 Returns -Rck Custom Report 1.00 /item 100401 42200 Returns - Alternate Chazge 0.15 100401 42217 Returns - Requalification Charge 3.50 Returned Items Reporting Options for Standard Advice: 100430 0509 ] Returns -Maker Required 0.25 /item 10041 1 05093 Returns -Maker Required - Keystrokes 0.01 /keystroke 100401 05079 Returns - Notif - Photocopy 2.00 /item 100420 05095 Returns - Notification -Fax 8.00 /item Domestic Collections Non - Documentary Incoming Collection or Non 151400 09551 Doc Incoming No Immediate Cr 1 0.00 /collection 6001 11 09400 Documentary Incoming Collection 15.00 /collection 100300 09000 Non = Documentary Outgoing Collection 12.00 /collection 100320 09100 Documentary Outgoing Collection - No Immediate Credit or Documentary Collection Outgoing Not Immediate Credit 15.00 /collection 109999 0951 1 Document Collection Outgoing Immediate Credit 15.00 109999 09513 Document Collection Incoming Not Immediate Credii 15.00 Bank of America Schedule of Charges 20 __:: _ - _— -- - -�_ �_. _- .- .as-.z - - - — .a.a,�3�� -e —_ - -- - - -- -- - -- �. _ __. � Treasury Management Services Schedule of Fees E�e�live 07/0!/2004 California- Commercial Accounts Account Reconcilement Services Ban k of America �� �i� ode Code Services /ITnit Night Deposit Services itxlv�z O 1 0100 O 1 O1 O1 11050 82003 82004 Night Deposit Vault Rental Night Deposit Bag: Plastic Disposable Bags Other Debits and Credits Debits Posted- Other (caps at #250 = $100) Credits Posted - Other (caps at #250 = $100) 17.50 No Charge 0.40 0.40 /year /debit /credit Disbursement Services 1 151351 05426 CD Rom Per Image _ / 151353 General Services CD Rom Re- Creation 159999 150100 05200 General Checks Paid 0.15 /check 150102 05225 General Checks Paid - Truncated 0.12 /check 250200 19701 ACH Debits Received 0.10 /item 150500 49317 Nonrelationship Customer Check Cashed 5.00 /check 15051 1 08100 Cashier Check /Official Checks 7.00 /check IDS Stop Payment Other 150420 44008 Stop Pay -Manual <= 12 months 30.00 /order 150420 44009 Stop Pay - Manua] > 12 months 35.00 /order 15041 O 44010 Stop Pay - Automated <= 12 months 12.00 15041 O 44011 Stop Pay - Automated > 12 months 20.00 150421 44012 Range Stops Payments - Manual <= 12 months 30.00 /order 150421 44013 Range Stops Payments - Manual >12 months 40.00 /order 15041 1 44015 Range Stop Automated <= 12 months 15.00 15041 1 44016 Range Stop Automated > 12 months 25.00 CA - DDA Stop Payment Order 150420 05600 Manual Stop 30.00 /order Check Sequencing 151 100 05230 Statement Cycle 0.10 /check 151 1 10 05235 Post Date Sequencing O.1 O /check 151100 13602 Serial Sort w/Recon Per Item O 10 151100 46008 Check Sorting Per Item O.1 O Image Access / CD Rom 151350 05401 CD Rom Maintenance 151353 05361 Image Delivery per CD - CD Rom (CD Rom Disk) 1 151351 05426 CD Rom Per Image _ / 151353 05360 CD Rom Re- Creation 159999 44307 CD Rom History (Image Item - Historical CD) Bank oT America Schedule oT Charges 15.00 /account 1 0.00 /CD 0.045 /item 35.00 /CD 0.06 /item _ _ � *— _mss_ �.._. _ w �,— _ _ -- �v�vi--� �vv 21 Treasury Management Services BankofAmerica j Schedule of Fees �� E„$ectFVe 07/OI/1004 California- Comm¢rcuziAccounts Account Reconcilement Services Code Code Services /Unit Statement Services 010310 25010 Additional Paper Stmts (more wan � un�a°ied sm,vmo) 7.50 /statement 010310 82014 Fax of Deposit Statement 35.00 /statement Statement Services - Optional Reports 010320 25025 Checks Paid Report 1 0.00 /report 010320 25024 Checks Paid (copy) 7.50 /copy Other Services ' 150509 05700 _ Checks Cashed 135 /check Overdrafts 15131 O 13625 Safekeeping per Item O.1 O ] 50340 05100 NSF Items Paid/Returned or Uncollected Funds (CICF) Balances 20.00 /item ._ and / or ($200.00 maximum per day) Interest on Negative Collected Balances Prime Rate + 3% (Including interest on items in the process of collection) O 1061 O 25101 Photocopy, Microfiche, or MicroSlni copy 1 0.00 /copy Note: If copies of more than 1 O items aze requested, the charge will be $30.00 per hour.) ERIN /ERIN+ ERIN 10041 O 19304 ERIN Monthly Maintenance 0.00 /account month 100411 19301 ERIN Return Item (reported) 1.25 /item ERIN+ 10041 O ERIN+ Return Item Maintenance 25.00 /account/month 10041 1 19302 ERIN+ Return Item 1.25 /item 100430 19303 ERIN+ Return Item Data (keystrokes) 0.03 /keystroke (remitters name, phone number.......etc.) Must ADD BA Direct reporting fees BanK of Amerie � Schedule of Charges 22 Treasury Management Services BankofAmerica -�� Schedule of Fees E$ec[ive 07/OI/2004 Calzjornia- Commercial Accounts Account Reconcilement Services Code Code Services /L7nit Express Tax Service l3anK oT /Vnerlca Schedule of Charges �— .. . - - � -�W- - -_— - a 23 Express Tax Phone Service Express Tax PC -Based Service Federal Tax Deposit by Phone 21049 Express Tax Installation (CTp to 1 O entities) 25010B 21057 EFTPS - ACH Credit or Federal EFTPS Tax by Pho: 5.00 /receipt 25010B 21055 State Tax Phone Deposit 3.50 /deposit 25071 1 21058 Mailed Receipt by U.S. Mail 2.50 /receipt 25071 1 21059 Faxed Receipt 2.00 /receipt 25051 O 21042 Customer Service Operator - Manual Deposit 20.00 /deposit 250720 21056 uarterl Re ort ' Q Y P 25.00 /quarter 75.00 /transaction Transaction printed 0.10 /per transaction l3anK oT /Vnerlca Schedule of Charges �— .. . - - � -�W- - -_— - a 23 Express Tax PC -Based Service 259999 21049 Express Tax Installation (CTp to 1 O entities) 0.00 iper entity 2501 OB 21053 per PC Transaction 3.50 /transaction - -` 25071 1 25071 l 21058 21059 Mailed Receipt by U.S. Mail Faxed Receipt 2.50 /receipt - ,!1 2.00 /receipt 259999 21043 Manual Assisted PC Deposit 50.00 /deposit 259999 21045 Manual Assisted Fedwire - EFTPS 75.00 /transaction 250720 21056 Quarterly Report 25.00 /quarter Transaction printed 0.10 /per transaction GLOBAL ADVICE Accounts Receivables 300340 19906 Implementation -Setup 50.00 /one -time fee 300100 19905 Global Advice Receiving Maintenance 50.00 /month/account 300522 19909 Per payment 0.75 /payment 300221 47232 Receiving- Advising -FAX Maint 20.00 Accounts Payables 300340 19900 Global Advice Org - Implementation -Setup 500.00 /one -time fee 300122 19901 Global Advice Orig - Maintenance 150.00 /montb/account 300122 19902 Global Advice Payroll Reporting 1 -5,000 0.30 /item 5,001- 20,000 0.20 /item 20,001+ 0.10 /item l3anK oT /Vnerlca Schedule of Charges �— .. . - - � -�W- - -_— - a 23 . Treasury Management Services '�� Schedule of Fees - b�fective 07/OI/2004 California- Commercial AccozistYs Account Reconcilement Services Code Code Services 300122 19903 Global Advice A/P Reporting 1 -5,000 5,001- 20,000 20,001+ 300122 19904 AtP Single page - EOB Per Pymt 1 -5,000 5,001 - 20,000 20,001+ 300300 19484 Global Advice Payroll Implementation Lockbox -Image - Atlanta, Chicago, Dallas, LA, SF, St_ Louis Monthly Maintenance 050000 271 1 1 Monthly Maintenance (Image) : � „ -�, 050104 27212 Ivr;.,;..,tun L.ocicbox Charge �� BankofAmeri �`�� 0.50 /item 0.40 /item 0.30 /item 0.50 /item 0.40 /item 0.30 /item 0.00 /one -time 175.00 /month /locicbox 100.00 /montb/lockbox BanK of America 3ehadule of Charges 24 j --- - -- -- - -_ _— v _ -T -/f-- - -_. _-, _ Basic Processing Fees 050300 271 1 O Deposit Preparation -Per Deposit 1.10 /deposit 050100 271 15 Image processing Per Item * (see note) 0.35 /item 050120 27753 Dual sided image maintenance 75.00 /month box 050530 27406 Non- depositable/ correspondence * 0.25 /item 05013B 27414 Cash/Gifr Certificate 0.00 /item 050500 27417 Foreign item 0.00 /item CD ROM Output 050405 27334 Image Output - CD ROM 15.00 /CD OSO11R 27322 linage Documents Imaged (sce Wort) 0.04 /image 050413 27502 Overnight courier (for CD ROM) Cost + 25% 050405 27705 Early EOM CD Delivery 50.00 /month/lockbox Optional Processing 05013G 27701 Image document original - retrieval 1 0.00 /item OSO11P 27602 Walk -in deposit 5.00 /deposit OSO11P 27603 Manual opening * 0.15 /item OSO11P 27309 Negotiability Review• O.OS /item OSO11P 27605 Post date review * 0.15 /item OSO11N 27606 Paid in full review * O.OS /item 050131 27607 11 -20 payees * 0.10 /item 050131 27411 21 -40 Payees '� 0.15 /item 050131 27418 Greater than 40 acceptable payees * 0.30 /item 050131 27412 Accept All Payees * 0.30 /item (regs. Prod 8c Risk Mgmt Approval) BanK of America 3ehadule of Charges 24 j --- - -- -- - -_ _— v _ -T -/f-- - -_. _-, _ Treasury Management Services Schedule of Fees ' E$ective 07/01/2004 California- Commercial Accounts Account Reconcilement Services BanlcofAmeric �'�� Code Code Services /Unit Optional Processing (continued) V�V 1 tz 2-1610 Rough Sorting * 0.13 /item 050114 27611 Fine sort * O.1 8 /item 050112 27621 Special Group Sort 0.13 /item OSO11P 27612 Balance cks to invoices * 0.25 /item 050115 27613 Match - Compare check to invoice 0.10 /item 050540 27706 Misc. goods returned 30.00 /item OSO11P 29760 Unidentified Mail Processing 10.00 /item 05013F 27629 Special Batch Size (std. Is 50)* 0.10 /item Cash application -Data Transmission � 050401 27302 Data transmission - 1st lockbox 170.00 /month 050401 27306 Data transmission - Add'1 boxes 50.00 /month 050121 27702 Transmission items (Auto MICR -line capture) 0.11 /item 050126 27630 Data Capture- Keystrokes * 0.0175 /keystroke 050127 27752 Key from backside of images 50.00 /month 050332 27801 Pooling 100.00 /month bank (betwern BofA sites only; set fee on 1 box at the pooling site) 050401 27303 Non - Business Days Tra..�rr.;ssion 125.00 /month box 050137 27633 Prograr,,.,.;,.g 100.00 /hour Receipts Direct (BA Direct) 050400 27690 Receipts Image Access Maintenance 100.00 /month 050121 2769I Image access per item O.OS /each 050136 27419 Non - Business Day Image Access 50.00 /month Image Transmission 050401 27346 Image transmission maintenance 175.00 /month Need new 050420 code Image transmission per image * 0.07 /item 050499 27107 Image TrarLar*�;�sion BBzW Conversion Set -up 350.00 /flat fee Image Download limited to boxes with low daily volumo- less than 200 imago per day. Requitrs DIlZECI' Image Accds 050401 27346 Image trars:.,,;�sion maintenance 175.00 /month 050424 27352 Image download per item * # 0.06 /item 050424 27351 Image Download Maint 100.00 Reporting Options 050320 27402 Automated phone call- 1st box 100.00 /month 050320 27403 Phone call - Additional box 45.00 /month 050320 27405 Non business day call 100.00 /month .,_�� 05031 O 27404 FAX - Notification (dep totals, detail or other info) 1 15.00 /month Bank of America Schedule of Charges 25 .. Treasury Management Services Schedule of Fees - E,ffecaive 07/01/2004 California- Commercial Accounts Account Reconcilement Services BaokofAmeri =—�� Code Code Services /Unit Mahout Options 05011E 27703 050410 27501 050413 27502 050412 27505 05011E 27421 Package Preparation -Per month Std. U.S. Mail -Per Item Overnight courier Express Mail - US postal service Package Prepazation 35.00 /month bank 0.25 /item mailed cost + 25% 350222 0.65 /item 5.00 /package ** If total o£ applicable services is less than $100, LBX minimum fee will be calculated Fee is $100 less amount of Tota] per line items asterisked. * The se. -rvice cocks used to calculate the Minimum Lockbox charge. # Wholesale lockbox image download per item Cvill be charged in conjunction with wholesale image download maintenance at $ .06 per check Wire Transfer J� Outgoing Wires (via Banking Center or Internal Unit) 350222 08700 Book Transfer -Bank Assisted 50.00 /transfer 350202 08500 Domestic Wire -Bank Assisted 50.00 /wire 350525 08803 Drawdown Request -Bank Assisted 50.00 /request 350212 08730 International Wire Out - (CTSD) -Bank Assisted 50.00 /wire 350212 08575 International Wire Out - (FJ{� -Bank Assisted 50.00 /wire 60021 O 0841 1 International Drafr (FX) -Bank Assisted 50.00 /drag 60021 O 08412 International Drafr (FX) -Bnlc Assisted- Ezyresv Maid 50.00 /draft Outgoing Wires (via wire transfer department) 350202 08745 Domestic Wire - Manual 20.00 /wire 350222 08696 Book Transfer - Manual 7.00 /transfer 350525 08804 Draw Request -Out - Manual 1 0.00 /request 350521 08800 Drawdown Response -Wire Out - Manual 18.00 /response 350212 08740 International Wire (LISD) - Manual 30.00 /wire 600222 08750 International Wire (F'X) - Manual 30.00 /wire 350512 08752 Standing Order Transfer -Book Wire 10.00 /wire 35051 O 08755 Standing Order Transfer - Domestic Wire 25.00 /wire 350511 08751 Standing Order Transfer - International Wire 25.00 /wire _._� BanK of Amarlca Schedule of Charges 26 Treasury Management Services "� Schedule of Fees - E�ecfive 07/01/2004 California- Commercial Accounts Account Reconcilement Services BankofAmeri ���� l Code Code Services /Unit Outgoing Wires - Automated (via BAMTRAC, WANDA, Direct) �.,... w vo��y Lomesuc wire - r;tectroxtic 9.00 /wire 350541 08511 Domestic Wire - Electronic - Repair 11.00 /repair 350123 0871 O Book Transfer - Electronic 5.50 /transfer 350524 08802 Draw Request - Electronic 7.50 /request 350524 08414 Draw Request - Electronic - Repair 7.50 /repair 350113 08726 International Wire (L1SD) - Electronic 15.00 /wire 350113 08717 International Wire (CJSD) - Electronic -Ours 35.00 /wire 600221 08723 International Wire (FX) - Electronic 9.50 /wire 600221 08413 International Wire (FX) - Electronic -Ours 25.00 /wire ` 359999 08825 Electronic Draft Out - Int'1 -USD 35.00 /cheque 60021 O 08827 Electronic Draft Out - Int'1 FX 5.00 /draft 60021 O 08401 On -Site Foreign Draft Printing 2.50 /draft 350580 08900 Foreign Drag Stop Payment 35.00 /stop 350551 20364 Cust Maint Template Storage 1.50 /template/mo 350551 20361 Bank Main Template Storage 1.75 /template/mo 359999 201 17 BA Direct Wire Maintenance 50.00 /month 350600 20360 GMTS System Maintenance 50.00 /month 350120 08541 GMTS: EOD Book Transfer 1.00 /transfer 350120 08577 Direct Account Transfers 3.00 /transfer Incoming Wires 350300 08765 Domestic Wire 10.00 /wire 350320 08711 Intra Company Book Credit 8.50 /transfer 35031 O 08609 International Wire (CTSD) 10.00 /wire 35031 O 08892 International Wire (FX) 7.50 /wire 350310 08719 International Wire (USD) Charge Beneficiary 0.00 /wire 350310 08721 International Wire (CTSD) Charge Ow 0.00 /wire 350310 08610 International Wire (FX) Deduct 0.00 /wire 350310 08611 International Wire (FX) Ours 10.00 /wire Wire Notification (for debits, credits, or both) 350412 08693 Wire Advice -Mail 2.00 /advice 350412 08690 Wire Advice -Phone 15.00 /advice 350402 08692 Wire Advice -Fax 70.00 /advice 350411 08691 Wire Advice - Credit 2.00 /advice Other Fees 350202 01050 Manual Transfers 40.00 /transfer 350560 08810 Domestic Investigation 20.00 /investigation � "' �� BanK of iUnerlea Schedule of Charges 27 CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: RESOLUTION AUTHORIZING SUBMITTAL OF LAND AND WATER CONSERVATION FUND GRANT PROGRAM APPLICATION FOR THE MCFADDEN AND ORANGE PARK SITE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended As Amended Ordinance on 1s` Reading Ordinance on 2 "d Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the submittal of a Land and Water Conservation Fund grant application in the amount of $300,000 for the development of McFadden /Orange Park. DISCUSSION The State of California Department of Parks and Recreation is accepting grant applications for the Land and Water Conservation Fund Program (LWCF). The LWCF Program was established through federal legislation in 1965 and has been instrumental in the development of parks throughout the United States. The LWCF apportionment for this year is approximately $2.1 million, of which 60% is identified for Southern California and 40% for Northern California. The LWCF Grant Fund requires a dollar for dollar match of non - federal money, with an exception made for Community Development Block Grant funds. Applications are due on November 1 , 201 O. Phase I, which consists of a community garden and playground, will be built with volunteer help with the assistance of the Kaboom organization. This LWCF grant would provide funding to develop Phase II of McFadden /Orange Park Site. Currently, the agency is meeting with the community to identify park improvements for this site. Basic improvements may include irrigation, landscaping, picnic areas, walkways, bike racks, fencing, etc. FISCAL IMPACT Th�e/r�e, is no fiscal impact� /associated with this action. �-7/�i Gerardo Mouet Executive Director Parks, Recreation and Com. Svcs. Agency 55B -1 55B -2 10 -06 -1 Olss RESOLUTION No. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS TO DEVELOP THE MCFADDEN AND ORANGE PARK SITE 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 Congress, under Public Law 88 -578, has authorized the establishment of a federal Land and Water Conservation Fund Grant -In -Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and B. The California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and C. Said adopted procedures established by the State Department of Parks and Recreation require the City of Santa Ana to certify by resolution the approval of applications) and the availability of eligible matching funds prior to submission of said applications) to the State. D. The development of a park site at McFadden and Orange (Project) is consistent with the most recent California Outdoor Recreation P /an <CORP); and E. The Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project. Section 2. The City Council approves the submittal of an application for Land and Water Conservation Fund assistance to develop the park site at McFadden and Orange. Section 3. The City Council agrees to abide by Section 6(F)(3) of Public Law 88 -578, which states "No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems Resolution No. 2010 - Page 1 of 3 55B -3 necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location" Section 4. The City Council certifies that the City has matching funds from eligible sources) and can finance 100 percent of the Project, which up to half may be reimbursed. Section 4. The City Council certifies that the Project is compatible with the land use plans of those jurisdictions immediately surrounding the Project. Section 5. The City Council appoints the City Manager, or the Executive Director of the Parks, Recreation and Community Services Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, contracts, amendments, payment requests and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project. Section 6. 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 201 O. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers Resolution No. 2010 - Page 2 of 3 Miguel A. Pulido Mayor 55B -4 NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers CERTIFICATE OF ATTESTATION � 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: Resolution No. 20'10 - Page 3 of 3 Clerk of the Council City of Santa Ana 55B -5 55B -6 REQUEST FOR � ����� COUNCIL ACTION � *' ' CITY COUNCIL MEETING DATE: OCTOBER 18, 2010 TITLE: PUBLIC HEARING - RESOLUTION AND ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENTS AND REQUISITE FINDINGS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED � As Recommended � As Amended � Ordinance on ��� Reading (] Ordinance on 2n° Reading l� Implementing Resolution Q Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution of the City Council of the City of Santa Ana setting forth findings for required amendments, modifications and changes with respect to local climatic, geographical and topographical conditions within the City of Santa Ana to the California Building, Residential, Green Standards, Electrical, Mechanical, Plumbing, and Fire Codes as amended by the State of California. 2. Adopt an ordinance amending Chapter 8 and 14 of the Santa Ana Municipal Code adopting the State Building Regulations, including the 2009 International Property Maintenance Code, the 2009 Uniform Swimming Pool, Spa and Hot Tub Code and the 2009 Uniform Solar Energy Code, and certain modifications and changes with respect to local climatic, geographical and topographical conditions within the City of Santa Ana to the California Building, Residential, Green Standards, Electrical, Mechanical, Plumbing, and Fire Codes as amended by the State of California. DISCUSSION The State's Health and Safety Code (Section 17958) mandates that the California Building Standards Commission adopt and publish the California Building Standards Code (Title 24 California Code of Regulations) every three (3) years. The 201 O Edition of the California Code of Regulations Title 24, which incorporates the model codes, becomes effective statewide on January 1 , 201 1 . This Ordinance would amend Santa Ana Municipal Code Sections by repealing references to the prior editions of the Construction Codes. 75A -1 Resolution and Ordinance Adopting Updated California and International Building and Fire Codes October 18, 2010 Page 2 The construction codes proposed for adoption by reference with amendments include the following: 2010 California Building Code 2010 California Residential Code 2010 California Green Building Standards Code 2010 California Electrical Code 2010 California Mechanical Code 2010 California Plumbing Code 2010 California Fire Code 2010 California Existing Building Code 2009 International Property Maintenance Code 2009 Uniform Swimming Pool, Spa and Hot Tub Code 2009 Uniform Solar Energy Code The Planning 8t Building Agency and Fire Department are recommending that certain changes and modifications be made to the 2010 Editions of the California Building, Residential, Green Standards, Plumbing, Mechanical, Electrical, Fire, and Existing Building Codes that are reasonably necessary due to local conditions in the City of Santa Ana. Other modifications are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Codes or are reasonably necessary to safeguard life and property within the City of Santa Ana. There are a total of 20 findings in the Resolution which address two amendments to the Electrical Code, one amendment to the Mechanical Code, seven amendments to the Plumbing Code, six amendments to the Fire Code, and four amendments to the Building Code (see Exhibit 1 ). FISCAL IMPACT There is no fiscal impact associated with this action. Ja .Trevino Executive Director Planning 8� Building Agency FH:rb RbVeports \Construction Codes Ordinance 2070.cc _� , �� � �7 David Thomas Fire Chief Exhibit: 1 . California Building Standards Code Amendments 75A -2 LIST OF AMENDMENTS TO CALIFORNIA BUILDING STANDARDS CODE 1Plumbin .- Su ort of In- Ground Pi in ..- .- Sec. 20 P 16 2 Plumbin Su ort of Sus ended Horizontal Pi in Sec. 22 P 16 3 Plumbin Seismic Su ort of Sus ended Horizontal Pi in Sec. 24 P 17 4 Plumbin Protection A ainst Corrosion Sec. 26 P 17 5 Plumbin Size of Meter 8c Buildin Su I Pi in Sec. 28 P 18 6 Plumbin Increases Size of Buildin Su I Pi in Sec. 30 P 19 7 Plumbin Grade Su ort 8c Protection of Buildin Sewers Sec. 32 P 19 8 Mechanical Prohibits Flex Duct for Eva orative Coolers Sec. 39 P 22 9 Electrical Minimum Size of Aluminum Electrical Conductors Sec. 42 P 23 10 Electrical Restricts NM Cable to Residential Occu ancies Sec. 44 P 24 11 Fire U dated Definitions Sec. 51 P . 30 12 Fire Re uired Water Su I for Fire Protection Sec. 57 P 37 13 Fire Installation of Fire S rinklers Sec. 61 P . 40 14 Fire Hi h -Rise Construction Sec. 63 P . 41 15 Fire Life safe S stem for Hi h -Rises Sec. 63 P . 42 16 Fire Hei ht definition for Hi h -Rises Sec. 63 P . 42 17 Buildin Time Limitation of A lication Sec. 105.3.2 P 25 18 Buildin Permits Re uired Sec. 105.1 P 23 19 Buildin Hi h -Rise Construction Sec. 403 P 84 20 Buildin Hi h -Rise Life Safe S stem Sec. 905 P .290 EXHIBIT � 75A -3 75A -4 ROH 10/18/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND UNIFORM SOLAR ENERGY CODE AS AMENDED BY THE STATE OF CALIFORNIA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council hereby finds, determines, and declares as follows: A. Health and Safety Code Section 17958 provides that the City of Santa Ana shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922. B. The State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Code, California Existing Building Code, the California Plumbing Code, the California Mechanical Code, and the California Electrical Code (hereinafter referred to collectively as "Codes "). C. Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic or topographic conditions. D. Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions. Section 2: The Planning and Building Agency and the Fire Department have recommended that changes and modifications be made to the Codes and have advised that 75A -5 certain said changes and modifications to the California Building Code, 2010 Edition, the California Plumbing Code, 2010 Edition, the California Mechanical Code, 2010 Edition, the California Electrical Code, 2010 Edition, the California Existing Building Code, 2010 Edition, and the California Fire Code, 2010 Edition, are reasonably necessary due to local conditions in the City of Santa Ana. Section 3. Amendments to Section 602.1 of the 2010 Edition of the California Mechanical Code as recommended by the Planning and Building Agency are hereby found to be reasonably necessary because of corrosion related to the high seasonal humidity in this coastal area which prevents moisture collecting in flexible ducting of evaporative cooling systems from draining and evaporating, contributing to the deterioration of the ductwork thereby endangering a person's health and the environment. Section 4. Amendments to Sections 110.5 and 334.12 of the 201 O Edition of the California Electrical Code as recommended by the Planning and Building Agency are hereby found to be reasonably necessary due to the following local conditions: A. Earthquakes are a common occurrence in the local area; that earthquakes may cause electrical connections and screws to loosen, causing arcing problems especially in the smaller sizes of aluminum wire; and that the above amendment is necessary to address the risk of fire due to such causes. B. Earthquakes are a common occurrence in the local area; that, unlike wire installed in conduit or raceways, non - metallic sheathed cable does not provide the degree of protection that is needed in the event of an earthquake; that exposed non- metallic sheathed cable is particularly hazardous; and that this amendment is necessary to assure that adequate protection is provided in the workplace and in other places of public gathering. Section 5. Amendments to Sections 202, 507, 903, 907, 907.2.13, and 907.7.3.2 of the 201 O Edition of the California Fire Code as recommended by the Fire Department are hereby found to be reasonably necessary due to the following local conditions: A. Climatic and geographic conditions of high winds and low humidity combine to create an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Also the City is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. B. Climatic conditions of high winds and low humidity combined with high density city population conditions may be conducive to rapidly spreading fires. These 75A -6 climatic conditions and winds contribute to the rapid spread of even small fires originating in high density housing therefore creating a need for increases fire protection. This amendment defines fire flow, fire sprinkler and fire hydrant placement requirements. C. Artificially created topographic conditions. The City is 27 square miles with a population in excess of 350,000 with extensive traffic congestion. Depending on time of day and climatic conditions response times may be impacted. Therefore those occupancies that have the potential to large loss of life (Type "A ") and those that have the highest potential for conflagration (Type "H ") make it necessary to provide automatic on -site fire extinguishing systems in order to protect occupants and property. Section 6. Amendments to the 201 O Edition of the California Codes are found reasonably necessary based on the climatic, topographical, and /or geographic conditions cited in the above sections of this Resolution and are listed as follows: Code Section CMC 602.1 CEC 110.5 CEC 334.12 CFC 202 CFC 507 CFC 903 CFC 907 CFC 907.2.13 CFC 907.7.3.2 Findincgs in Section 3 4A 4B 5A 56 5C 5A 5A 5A Section 7. The aforementioned amendments have been incorporated in detail in Ordinance NS- Section 8. Additional amendments have been made to the relevant California Building Code, Electrical Code, Mechanical Code, Plumbing Code, Existing Building Code, Residential Code, Green Building Standards Code, and Fire Code, and the relevant Uniform Swimming Pool, Spa and Hot Tub Code and Uniform Solar Energy Code, and International Property Maintenance Code. On the recommendation of the Planning and Building Agency and the Fire Department, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in the aforementioned Codes. The changes made include provisions making each of said Codes compatible with other Codes enforced by the City. Section 9. The City Council of the City of Santa Ana hereby approves and authorizes the Planning and Building Agency and the Fire Department to file copies of Resolution 1 O- and Ordinance NS- with the California Building Standards Commission as required by Health and Safety Code Section 17958.7. Section 10. This Resolution shall take effect from and after its adoption. 75A -7 ADOPTED this day of 2010. Miguel Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Council members NOES: Council members ABSTAIN: Council memb NOT PRESENT: Council members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 201 O -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 201 O. Date: Clerk of the Council City of Santa Ana 75A -8 ROH 10/18/10 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND UNIFORM SOLAR ENERGY CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: That section 8�3 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8-43. Adoption by reference. There is adopted by the city that certain code known as the California Building Code, �� 2010 Edition, based on the �98C3 2009 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the "Building Code," "building code," or "California Building Code, -" ar "' ' ^�' ^�-^ Q• • "-'� ^^ ��), consisting of "Volume 1 ", "Volume 2" and the 2�� 2010 California Existing Building Code (together with subsequent supplements or amendments to any volume, each of which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The building code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the building code set forth in this chapter that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended a pre "'�� 201 O edition of the "Building Code" shall also be construed as amending the applicable provision of the �� 2010 or later edition of the building code. The building code, as thus amended, together with all other provisions of this article, shall be known as the city building code. Ordinance No. NS -XXXX %5 /� _� Page 1 of 50 J1.p,�endi* C�- apier� ���ef�Appendices which are adopted pursuant to this section, are as follows: Appendix I, Patio Covers Appendix J, Grading SECTION 2: That section 8 -90 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -90. Board of appeals (Volume 1 , Section a-9�a 1 13). Section a-Aa 1 13 of Volume 1 of the building code is deleted. Ordinance No. NS -XXXX 7C A _� O Page 2 of 50 - -- - - -- -- - - •- -- - - -- -- • Appendix I, Patio Covers Appendix J, Grading SECTION 2: That section 8 -90 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -90. Board of appeals (Volume 1 , Section a-9�a 1 13). Section a-Aa 1 13 of Volume 1 of the building code is deleted. Ordinance No. NS -XXXX 7C A _� O Page 2 of 50 SECTION 3: That section 8 -94 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -94. Permits required (Appendix Chapter 1 , Section 105). Section 105.1 of Appendix Chapter 1 of the building code is amended to read as follows: 105.1 Permits required. € *sept asJs�s+f�ed�oestie;Ta- 9��af�,;s °�=.No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished or maintained unless a separate permit for each building or structure has first been obtained from the building official. SECTION 4: That section 8 -95 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): - -- SECTION 5: That section 8 -96 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -96. °cse;�c� Time Limitation of Application (Appendix Chapter 1 , Section 105.3.2). Section 105.3.2 is amended to read as a follows: Sec. 105.3.2. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless the permit has been issued: except that the Buildincq Official may extend the time for action by the applicant for a period not exceeding one hundred and eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Ordinance No. NS -XXXX 7CA_AA Page3of50 SECTION 6: That section 8 -97 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -97. °esc�v °ccr. High Rise Buildings (Section 403). Section 403 is amended to read as a follows: Sec 403 Hioh -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and group I -2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access. SECTION 7: That section 8 -98 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -98. ,°�°�� Applicability (Section 403.1). Section 403.1 is amended to read as a follows: 403 1 Applicability New high -rise buildinos having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and new Group I -2 occupancies havino occupied floors located more than 75 feet above the lowest level of fire department vehicle access shall comply with Sections 403.2 through 403.6. SECTION 8: That section 8 -99 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -99. r°°�, -°^��� Higgh -rise Structure (Section 403.1.1). Section 403.1 .1 is amended to read as a follows: 2. "High -rise structure" means every building of any type of construction or occupancy havino floor used for human occupancy located above 55 feet above the lowest floor level having building access (see Section 403.1.2). except buildings used as hospitals as defined by the Health and Safety Code Section 1250. SECTION 9: That section 8 -100 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXXX 7C A _� � Page 4 of 50 Sec. 8 -100. � Standbv power loads (Section 403.4.7.2). Section 403.4.7.2 is amended to read as a follows: 403.4.7.2 Standby power loads. The following are classified as standby power loads: a. Power and lighting for the fire command center required by Section 403.4.5; and b. Standbv power shall be provided for elevators in accordance with Sections 1007.4. 3003. 3007, and 3008. SECTION 10: That section 8 -101 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -101. °c- sc.vc°c.. Emergency power loads (Section 403.4.8.1). Section 403.4.8.1 is amended to read as a follows: 403.4.8.1 Emergency power loads. The following are classified as emercgencv power loads: 1 Exit signs and means of egress illumination required by Chapter 1 O- 2. Elevator car lighting; 3. Emergency voice /alarm communications systems: 4. Automatic fire detection systems; 5. Fire alarm systems; 6. Electrically powered fire pumps; and 7. Ventilation and automatic fire detection equipment for smokeproof enclosures. SECTION 11: That section 8 -102 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -102. � Location of Calls I standpipe hose connections (Section 905.4). Section 905.4 is amended to read as a follows: Ordinance No. NS -XXXX 7e A _A ? Page 5 of 50 fFl 905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: 1 . In every required stairway, a hose connection shall be provided for each floor level above or below grade. Hose connections shall be located at an intermediate floor level landing between floors, unless otherwise approved by the fire code official. See Section 909.20.3.2 for additional provisions in smokeproof enclosures. 2. On each side of the wall adiacent to the exit opening of a horizontal exit. Exception: Where floor areas adiacent to a horizontal exit are reachable from exit stairway hose connections by a nozzle attached to 100 feet (30 480 mm) of hose, as measured along the path of travels a hose connection shall not be required at the horizontal exit. 3. In every exit passageway. at the entrance from the exit passagewav to other areas of a building. Exception: Where floor areas adiacent to an exit passageway are reachable from exit stairway hose connections by a 30 -foot (9144 mm) hose stream from a nozzle attached to 100 feet (30 480 mm) of hose, a hose connection shall not be required at the entrance from the exit passagewav to other areas of the building. 4. In covered mall buildings, adiacent to each exterior public entrance to the mall and adiacent to each entrance from an exit passagewav or exit corridor to the mall. 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 - percent slope), each standpipe shall be provided with a hose connection located either on the roof or at the highest landing of a stairway with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testincg purposes. 6. Where the most remote portion of a nonsprinklered floor or story is more than 150 feet (45 720 mm) from a hose connection or the most remote portion of a sprinklered floor or story is more than 150 feet (45 720 mm) from a hose connection, the fire code official is authorized to require that additional hose connections be provided in approved locations. The distance from a hose connection shall be measured along the patch of travel. Ordinance No. NS -XXXX 7C A _� � Page 6 of 50 7. The centerline of the 2.5 inches (64 mm) outlet shall be no less than 18 inches (457 mm) above and no more than 24 inches (610 mm) above the finished floor. 8. Every new building with any horizontal dimensions greater than 300 feet (91 440 mm) shall be provided with either access doors or a 2 5 inch (64 mm) outlets so that all portions of the building can be reached with 150 feet (45 720 mm) of hose from an access door or hose outlet Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than 3 feet (914 mm) in width, and not less than 6 feet 8 inches (2032 mm) in height. These doors are for fire department access only. SECTION 12: That section 8 -103 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -103. °ewe, =:z� Higgh -rise buildings (Section 907.2.13). Section 907.2.1 3 is amended to read as a follows: fFl 907.2.13 High -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access High -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an automatic smoke detection in accordance with Section 907.2.13.1 afire department communication system in accordance with Section 907 2 13 2 and an emergency voice /alarm communication system in accordance with Section 907.6.2.2. Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412. 2. Open parking garages in accordance with Section 406.3. 3. Buildings with an occupancy in Group A -5 in accordance with Section 303.1. 4. Low - hazard special occupancies in accordance with Section 503.1 .1 . 5. In Group I -2 and R -2.1 occupancies, the alarm shall sound at a constantly attended location and general occupant notification Ordinance No. NS -XXXX 7C /� _� C Page 7 of 50 shall be broadcast by the emergency voice /alarm communication syste m . SECTION 13: That section 8 -104 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -104. ° ���� Emergencv voice /alarm communication system (Section 907.5.2.2). Section 907.5.2.2 is amended to read as a follows: fFl 907.5.2.2 Emergencv voice /alarm communication system Emergencv voice /alarm communication system required by this code shall be designed and installed in accordance with NFPA 72. The operation of any automatic fire detector. sprinkler waterflow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions for a general or staged evacuation in accordance with the building's fire safety and evacuation plans required by Section 404 In high -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access the system shall operate on a minimum of the alarming floor, the floor above and the floor below Speakers shall be provided throughout the building by paging zones At a minimum paging zones shall be provided as follows: 1 . Elevator groups. 2. Exit stairways. 3. Each floor. 4. Areas of refuge as defined in Section 1002.1 . 5. Dwelling Units in apartment houses. 6. Hotel quest rooms or suites. Exception: In Group I -1 and R -2.1 occupancies, the alarm shall sound in a constantly attended area and a general occupant notification shall be broadcast over the overhead page. SECTION 14: That section 8 -105 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXXX 7e /� _� � Page 8 of 50 Sec. 8 -105. r°°°�^�^� High -rise buildings (Section 907.6.3.2). Section 907.6.3.2 is amended to read as a follows: 907 6 3 2 High -rise buildings High -rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm - initiating devices where provided• 1 . Smoke detectors. 2. Sprinkler waterflow devices. 3. Manual fire alarm boxes 4. Other approved types of automatic detection devices or suppression systems. SECTION 15: That section 8 -106 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -106. °��.T�� Sprinkler buildings (Section 910.3.2.2). Section 910.3.2.2 is amended to read as a follows: fFl 910 3 2 2 Sprinkler buildings Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat - responsive device rated at least 100° F above the operating temperature of the sprinkler, unless otherwise approved. SECTION 16: That section 8 -109 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -109. °es�T�� (Section 1505.5). Section 1505.5 of the building code is deleted. SECTION 17: That section 8 -110 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -11 O. °es�Te�� (Section 1505.7). Ordinance No. NS -XXXX 7C A _� � Page 9 of 50 Section 1505.7 of the building code is deleted. SECTION 18: That section 8 -112 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -1 12. Certificate of occupancy (� ^ ^� ^-+�� r'h ^ ^ + ^- � , Section 1 1 O). Section 110 of Appendi* Cha -;�er� of the building code is amended to read as follows: Section 11 O -- Certificate of Occupancy (2) No alteration to an existing building which changes the floor area of the building or which changes the exits from the building shall be made until the building official has issued a certificate of occupancy therefor as provided herein. (3) No change of occupant within a building or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION: Group R, Divisions 1 and 3, and Group U Occupancies. (4) No building or structure shall be connected with utility services, nor shall a building or structure whose electrical service has been disconnected be reconnected with electrical service until an inspection has been made and the building official has determined that the building does not constitute an unsafe building. Ordinance No. NS -XXXX 7e /� _1 O Page 'I O of 50 • - - -- - - - -- - - - - • - -- - Ordinance No. NS -XXXX %5 A _� p Page 'I 1 of 50 SECTION 19: That section 8 -113 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -1 13. � Exception (Section 1 1 1 .1). Section 1 1 1 .1 is hereby amended to read as follows: Exception: Certificates of occur�ancy are not reouired for work exempt from permits under section 105.2 and Grouo R Division 3 and GrOUD U Occupancies. SECTION 20: That section 8 -114 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXXX 7e /� _�fo Page 12 of 50 Sec. 8 -114. °ese;�Q- Posting (Section 111 .5). Section 111 .5 is hereby added to read as follows• 111.5 Postino. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. SECTION 21: That section 8 -115 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -115. ,°�°se��� Inspections (Section 111.6). Section 111 .6 is hereby added to read as follows- 111.6 Inspections. It shall be the responsibility of the owner or occupant whose action makes necessary the issuance of a certificate of occupancy pursuant to this section to apply to the building official for the inspection of the building or structure or portion thereof as necessary to obtain such certificate. Each application shall be accompanied by the payment of a nonrefundable application processing fee and an inspection fee which shall be refunded if an inspection proves to be unnecessary in such amounts as shall be established by resolution of the city council The building official and the executive director of finance and management services shall establish procedures and forms to implement this subsection. SECTION 22: That section 8 -116 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -1 16. I?ese;T�� Prohibition against falsification (Section 1 1 1 7) Section 1 1 1 .7 is hereby added to read as follows• 1 1 1 .7 Prohibition against falsification No person shall alter or reproduce a certificate of occupancy for the purpose of circumventing the reouirements of this section. SECTION 23: That section 8 -150 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -150. Fire protection requirements (Volume 2, Section 3403:0. Ordinance No. NS -XXXX 7 C A _� � Page 'I 3 of 50 The first paragraph of Section 3403 of the building code is amended by adding thereto the following: EXCEPTION: If additions, alterations or repairs made to any building constructed prior to January 1 , 1946, other than an R- occupancy building, exceed fifty thousand dollars ($50,000.00) in cost in any one -year period, then either (A) the entire building must be completely sprinklered in accordance with fire department standards, or (B) the building must comply with all the following requirements: 1. The ceiling of a roof system shall be of one -hour construction, and all ceiling or wall penetrations shall have approved fire dampers. 2. All stairways shall be completely enclosed with one -hour construction to exits; and enclosed stairways or required exits shall lead directly to the outside of the building. 3. Draft stops are required in floors in accordance with Section �A�3 717.3. In attic areas, one -hour walls shall be required for every one thousand (1 ,000) square feet of area. 4. Smoke detectors with an alarm system, receiving their primary power from the building wiring, shall be required throughout the building in accordance with NFPA standards. 5. Either (a) corridors, regardless of occupant load, shall be one -hour construction; or (b) a "life safety" sprinkler system, as approved by the fire department, shall be installed in all corridors. SECTION 24: That section 8 -151 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -151. °e�err'°cv Fire protection requirements (Volume 2. Section 3404) The first paragraph of Section 3404 of the building code is amended by adding thereto the following: EXCEPTION: If additions alterations or repairs made to any building constructed prior to January 1. 1946. other than an R- occupancy building exceed fifty thousand dollars ($50.000.00) in cost in any one -year period then either (A) the entire building must be completely sprinklered in accordance with fire department standards or (B) the building must comply with all the following requirements' 1. The ceiling of a roof system shall be of one -hour construction and all ceiling or wall penetrations shall have approved fire dampers. Ordinance No. NS -XXXX %5 A _�� Page '14 of 50 2. All stairways shall be completely enclosed with one -hour construction to exits: and enclosed stairways or required exits shall lead directly to the outside of the building. 3. Draft stops are required in floors in accordance with Section 717 3 In attic areas. one -hour walls shall be required for every one thousand X1,000) square feet of area. 4. Smoke detectors with an alarm system receiving their primary power from the building wiring shall be required throughout the building in accordance with NFPA standards. 5. Either (a) corridors. regardless of occupant load shall be one -hour construction: or (b) a "life safety" sprinkler system. as approved by the fire department. shall be installed in all corridors. SECTION 25: That section 8 -152 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -152. ,°�°�� Fire protection requirements (Volume 2. Section 3405) The first paragraph of Section 3405 of the building code is amended by adding thereto the following: EXCEPTION: If additions, alterations or repairs made to any building constructed prior to January 1 , 1946, other than an R- occupancy building exceed fifty thousand dollars ($50.000.00) in cost in any one -year period then either (A) the entire building must be completely sprinklered in accordance with fire department standards or (B) the building must comply with all the following requirements 1. The ceiling of a roof system shall be of one -hour construction and all ceiling or wall penetrations shall have approved fire dampers. 2. All stairways shall be completely enclosed with one -hour construction to exits: and enclosed stairways or required exits shall lead directly to the outside of the building. 3. Draft stops are required in floors in accordance with Section 717.3. In attic areas. one -hour walls shall be required for every one thousand ��000) square feet of area. 4. Smoke detectors with an alarm system receiving their primary power from the building wiring shall be required throuahout the building in accordance with NFPA standards. Ordinance No. NS -XXXX 7e A _�f� Page '15 of 50 5. Either (a) corridors, regardless of occupant load. shall be one -hour construction- or (b) a "life safety" sprinkler system as approved by the fire department, shall be installed in all corridors. SECTION 26: That section 8 -184 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -184. Reserved. - �v�avatian and ?racli•+9 ����T�/eldme -1 , �1p�endix Cha,�ter ��T �pc3it+r+ �3'I_�cf �nna�d:y_ l�h.� +e �� of Veldme 1 of the building seders rN P a SECTION 27: That section 8 -290 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -290. Adoption by reference. There is adopted by the city that certain code known as the California Plumbing Code, �� 2010 Edition, including the following appendices thereto: A, B, D, I and K, (hereinafter referred to in this article as the "Plumbing Code "), together with subsequent supplements or amendments, which shall become effective, adopted and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The plumbing code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the plumbing code set forth in this chapter of this Code that specifically amend the plumbing code. Any previously enacted, unrepealed provision of this Code that amended a pre ''ter 2010 edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the �� 2010 or later edition of the plumbing code. The plumbing code as amended, together with all other provisions of this article, shall be known as the city plumbing code. SECTION 28: That section 8 -301 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): SEC. 8 -301. Reserved. n.. +h..r: +., u.�.,:. -.,�. 1.. �,�:,� +:..., ice,. +:..., -�n� n� r y CAI � _ _ - SECTION 29: That section 8 -308 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXXX 7e /� _� w Page '16 of 50 SECTION 29: That section 8 -308 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXXX 7e /� _� w Page '16 of 50 rile r _ _ _ SECTION 30: That section 8 -340 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -340. Piping in the ground (California Plumbing Code Section 314.3). Section 314.3 of the Plumbing Code is amended to read as follows: 314.3. Piping in the ground shall be laid on a firm bed for its entire length. Building drains, sewers and storm drain piping systems in the ground, and designed and approved at less than one (1) percent grade, shall be laid on a continuous firm bed, certified by a registered soils engineer as having a compaction level of not less than ninety (90) percent density. Where support is otherwise provided, it shall be asse{3tw;�ta +tie n „ +h..�: +., approved per Section 301 .O of this code. SECTION 31 : That section 8 -341 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXXX 7 C /� _� C Page '17 of 50 SECTION 30: That section 8 -340 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -340. Piping in the ground (California Plumbing Code Section 314.3). Section 314.3 of the Plumbing Code is amended to read as follows: 314.3. Piping in the ground shall be laid on a firm bed for its entire length. Building drains, sewers and storm drain piping systems in the ground, and designed and approved at less than one (1) percent grade, shall be laid on a continuous firm bed, certified by a registered soils engineer as having a compaction level of not less than ninety (90) percent density. Where support is otherwise provided, it shall be asse{3tw;�ta +tie n „ +h..�: +., approved per Section 301 .O of this code. SECTION 31 : That section 8 -341 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXXX 7 C /� _� C Page '17 of 50 SECTION 32: That section 800 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): SECTION 33: That section 8 -556 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -556. Adoption by reference. There is adopted by the city that certain code known as the California Mechanical Code, �7 2010 edition and with appendices A and C and code standards therein (hereinafter referred to in this article as the "California Mechanical Code" "Mechanical Code" or "mechanical code "), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The mechanical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the mechanical code set forth in this chapter of this Code that specifically amend the mechanical code. Any previously enacted, unrepealed provision of this Code that amended a pre ''�� 201 O edition of the "Mechanical Code" shall also be construed as amending the applicable provision of the �7 2010 or later edition of the mechanical code. The mechanical code as amended, together with all other provisions of this article, shall be known as the city mechanical code. SECTION 34: That section 8 -557 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -557. Reserved. heard of a,�Peals�. ° ^^'��- r'h, ^tef '' c °,. +:, -.., „n� SECTION 35: That section 8 -558 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXXX 7C A _�� Page '18 of 50 SECTION 36: That section 8 -559 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): SECTION 37: That section 8 -560 of the Santa Ana Municipal Code is hereby deleted in its entirety (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -560. Reserved. ��- (�rYa�d'�- r'�a,�ter 1 Se�stien '415 and Table Ne 1 1T Ordinance No. NS -XXXX 7e A _�f7 Page 19 of 50 SECTION 38: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8 -570 amending California Mechanical Code Section 602.1 is necessary because of corrosion related to the high seasonal humidity in this coastal area which prevents moisture collecting in flexible ducting of evaporative cooling systems from draining and evaporating, contributing to the deterioration of the ductwork thereby endangering person's health and the environment. SECTION 39: That section 8 -570 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -570. Ducts -- Material (Section 602.1). Section 602.1 of the mechanical code is amended to read as follows: - -' - 602.1 General. Supply air, return air, and outside air for heating. coolin or evaporative cooling systems shall be conducted through duct systems constructed of metal as set forth in the ANSI /SMACNA 006 -2006 HVAC Duct Construction Standards - Metal and Flexible or another approved duct construction standard. Rectangular ducts in excess of two l2) inches w.g. shall comply with the ANSI /SMACNA 006 -2006 HVAC Duct Construction Standards - Metal and Flexible or another approved duct construction standard. Ducts, plenums, and fittings may be constructed of concrete. clay, or ceramics when installed in the ground or in a concrete slab, provided the joints are tightly sealed. In other than Group A. E, H, I, L, and R occupancies. high -rise buildings and other applications listed in Section 1.11.0 regulated by the Office of the State Fire Marshal, corridors shall not be used to convey air to or from rooms if the corridor is required be of fire - resistive construction per the Building Code. In Group A E H I L and R occupancies high -rise buildings, and other applications listed in Section 1.11.0 regulated by the Office of the State Fire Marshal, corridors shall not be used to convey air to or from rooms except where permitted in accordance with Section 1018.5 of the California Building Code. Ordinance No. NS -XXXX 7e A _�f0 Page 20 of 50 Exception: fOSHPD 1. 2. 3 8� 41 (See Section 407.4.1.3). Not permitted for fOSHPD 1, 2, 3 8. 41 Concealed building spaces or independent construction within buildings may be used as ducts or plenums. When gypsum products are exposed in ducts or plenums. the air temperature shall be restricted to a range from 50 °F (10 °C) to 125 °F X52 °C), and moisture content shall be controlled so that the material is not adversely affected. For the purpose of this section, avpsum products shall not be exposed in ducts serving as supply from evaporative coolers, and in other air - handling systems regulated by this chapter when the temperature of the avpsum product will be below the dew point temperature. See Chapter 8 for limitations on combustion products venting systems extending into or through ducts or plenums. See Chapter 5 for limitations on environmental air systems exhaust ducts extending into or through ducts or plenums. Exhaust ducts under positive pressure and venting systems shall not extend into or pass through ducts or plenums. For appliance vents and chimneys, see Chapter 8. EXCEPTION: Supply air duct, on the discharge side of an evaporative cooler, shall be conducted through rigid metal ducts constructed as set forth in Tables Alas. 8 1, 6 2, &� � � ^, � Q � °, the ANSI /SMACNA 006- 2006 HVAC Duct Construction Standards -Metal and Flexible, or another approved duct construction standard, and unless prohibited by structural conditions shall be graded in the direction of the supply outlet. Factory - made air ducts complying with U.L. Standard No. 181 shall be limited to installation in a vertical position only. Note: Vertical shall be defined as not more than forty -five (45) degrees from the vertical. SECTION 40: That section 8 -667 of the Santa Ana Municipal Code is hereby amended such that it reads as follows <new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -667. Adoption by reference. There is adopted by the city that certain code known as the California Electrical Code 2887 2010 Edition and the administrative provisions set forth herein, e*sept ^- .rt�ie:�BA�Ttl�e- E��r- +c;.�.� (hereinafter referred to in this article as the "Electrical Ordinance No. NS -XXXX 7GA_29 Page 21 of 50 Code ") together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless specifically adopted prior to that date, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The electrical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the electrical code set forth in this chapter of this code that specifically amend the electrical code. Any previously enacted, unrepealed provision of this Code that amended apre- 288� 2010 edition of the "Electrical Code" shall also be construed as amending the applicable provision of the �� 2010 or later edition of the electrical code. The electrical code as amended, together with all other provisions of this article, shall be known as the city electrical code. SECTION 41 : The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8 -815 amending California Electrical Code Section 110.5 is necessary because earthquakes are a common occurrence in the local area; that earthquakes may cause electrical connections and screws to loosen, causing arcing problems especially in the smaller sizes of aluminum wire; and that the above amendment is necessary to address the risk of fire due to such causes. SECTION 42: That section 8 -815 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -815. Conductors (Section - �-�A -� 110.5). Section 4-�8 -� 110.5 of the California Electrical Code is amended by adding a sentence to read as follows: All sections of this California Electrical Code allowing the use of aluminum conductors are subject to the limitation that no aluminum conductor smaller than No. 4 AWG shall be used. SECTION 43: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8 -942 amending California Electrical Code Section 334.12 is necessary because earthquakes are a common occurrence in the local area; that, unlike wire installed in conduit or raceways, non - metallic sheathed cable does not provide the degree of protection that is needed in the event of an earthquake; that exposed non - metallic sheathed cable is particularly hazardous; and that this amendment is necessary to assure that adequate protection is provided in the workplace and in other places of public gathering. Ordinance No. NS -XXXX 7C A _�O Page 22 of 50 SECTION 44: That section 8 -942 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -942. Uses not permitted (Section ��� 334.12). Section 334 -12 334.12 of the California Electrical Code is amended to read as follows: Sec. ��� 334.12. Uses Not Permitted. (A) Types NM, NMC and NMS. Types NM, NMC and NMS cables shall not be permitted as follows: 1. In any multifamily dwelling or other structure exceeding three floors above grade. For the purpose of this aisle section the first floor of a building shall be that floor that has 50 percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Exception: An additional level shall be permitted where the renovation of attic, vehicle parking, or storage space creates a habitable floor level in an existing one - family dwelling. 2. Exposed in dropped or suspended ceilings in other than one - and two- family and multifamily dwellings 3. As service - entrance cable 4. In any nonresidential building or structure 5. In hoistways 6. Embedded in poured cement, concrete, or aggregate 7. In storage battery rooms 8. In hazardous (classified) locations (B) Types NM and NMS. Types NM and NMS cables shall not be installed in the following: Ordinance No. NS -XXXX 7 C /� _�} � Page 23 of 50 1 . Where exposed to corrosive fumes or vapors 2. Where embedded in masonry, concrete, adobe, fill, or plaster 3. In a shallow chase in masonry, concrete, or adobe and covered with plaster, adobe, or similar finish vr� j In wet or damn locations SECTION 45: That section 8 -2000 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): ARTICLE XI. CAOTLJlI� �n�� uw�nor� ocr�� �r -T��w� �w� cv�cT�w�r- o� ��� r+�w��� PROPERTY MAINTENANCE CODE Sec. 8 -2000. Adoption by reference. There is adopted by the city that certain code known as the 2890 2009 International Property Maintenance Code (hereinafter referred to as the "Property Maintenance Code "), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new official publication date of the International Property Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said Code is adopted and incorporated as fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the property maintenance code set forth in this chapter of this Code that specifically amends the property maintenance code. Any previously enacted, unrepealed provision of this Code that amended a pre ''z990 2009 edition of the "Property Maintenance Code" shall also be construed as amending the applicable provision of the 289E 2009 or later edition of the property maintenance code. The property maintenance code, as thus amended, together with all other provisions of this article, shall be known as the city property maintenance code. (a) Section 302.8 of the Property Maintenance Code is amended to read as follows: 302.8 Motor vehic /es. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, unless within an enclosed structure, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. Occupancy of any motor Ordinance No. NS -XXXX 7e A _�}�f Page 24 of 50 vehicle for the purpose of living, sleeping, eating or cooking shall only occur within an approved trailer park. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. When auto repairs or maintenance occur on a property used for residential occupancy, only vehicles registered to the premises may undergo such repairs or maintenance. (b) Section 304.3 of the Property Maintenance Code is amended to read as follows: [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches (102 mm). (c) Section 304.14 of the Property Maintenance Code is amended to read as follows: 304.14 / nsect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self - closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. (d) Section 305.1 .1 of the Property Maintenance Code is amended to read as follows: 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the California Building Code: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or loads effects; Ordinance No. NS -XXXX 75A -33 Page 25 of So 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. When substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted when approved by the code official. (e) Section 505.1 of the Property Maintenance Code is amended to read as follows: 505.1 Genera /. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code. (f) Section 602 of the International Property Maintenance Code is amended to read as follows: 602.1 Faci /ities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 °F (20 °C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the Ordinance No. NS -XXXX 75A -34 Page 26 or 50 California Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly temperature is above 30 °F ( -1 °C), a minimum temperature of 65 °F (18 °C) shall be maintained. 602.3 Heat supp /y. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68 °F (20 °C) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the California Plumbing Code. 2. In areas where the average monthly temperature is above 30 °F ( -1 °C) a minimum temperature of 65 °F (18 °C) shall be maintained. 602.4 Occupiab /e work spaces. Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of not less than 65 °F (18 °C) during the period the spaces are occupied. (g) Section 604.1 of the Property Maintenance Code is amended to read as follows: 604.1 Faci /ities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605 of this Code. Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three - wire, 120/240 volt, single -phase electrical service having a rating of not less than 60 amperes. SECTION 46: That section 8 -2500 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Ordinance No. NS -XXXX 75A -35 Page 27 of 50 Sec. 8 -2500. Adoption by reference. There is adopted by the city that certain code known as the ' ^ +e�..,.. +:....�� •• ° °""` ° "" "f O1' '"'`'• '' "" `' ' ^"� " _F Solar Energy Code, �ABf 2009 Edition, (hereinafter referred to in this article as the " p' "^^"'' ^^ ^^' "" `'c "' ^�' ' Uniform Solar Energy Code" or "Solar Energy Code ") save and except that portion entitled "Part I, Administrative," together with subsequent supplements, amendments, or editions, which upon the date of official publication, shall become effective, adopted, and incorporated by reference into this Code, unless otherwise specified, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The solar energy code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code set forth in this chapter of this Code that specifically amend the International Association of Plumbing and Mechanical Officials Uniform Solar Energy Code. Any previously enacted, unrepealed provision of this Code that amended a pre -886 2009 edition of the "Solar Energy Code" shall also be construed as amending the applicable provision of the X896 2009 or later edition of the solar energy code. The solar energy code as amended, together with all other provisions of this article, shall be known as the city solar energy code. SECTION 47: That section 8 -2600 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -2600. Adoption by reference. There is adopted by the city that certain code known as the ' ^ +�� ^� +� ^ ^ ^' o��.,..:, +:..., ..c oi...�..,�..• a "" � � ^�- ' Uniform Swimming Pool, Spa and Hot Tub Code, �BAC� 2009 edition, save and except that portion entitled "Part I, Administrative" (hereinafter referred to in this article as the "Uniform Swimming Pool, Spa and Hot Tub Code "), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The uniform swimming pool, spa and hot tub code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the uniform swimming pool, spa and hot tub code set forth in this chapter of this Code that specifically amend the uniform swimming pool, spa and hot tub code. Any previously enacted, unrepealed provision of this Code that amended apre -�ABf 2009 edition of the uniform swimming pool, spa and hot tub code shall also be construed as amending the applicable provision of the X996 2009 or later edition of the uniform swimming pool, spa and hot tub code. The uniform swimming pool, spa and hot tub code, as amended, together with all other provisions of this article, shall be known as the city swimming pool, spa and hot tub code. Ordinance No. NS -XXXX 7C A _�� Page 28 of 50 SECTION 48: That section 8 -2800 is added to Chapter 8 of the Santa Ana Municipal code to read in full as follows (new language underlined for tracking purposes only): ARTICLE XV. RESIDENTIAL CODE DIVISION 1. GENERALLY Sec. 8 -2800. Adoption by reference. There is adopted by the city that certain code known as the California Residential Code. 2010 Edition. based on the 2009 International Residential Code as published by the International Code Council. (hereinafter referred to in this article as the "Residential Code" or "California Residential Code ") (together with subsequent supplements or amendments shall become effective adopted and incorporated by reference into this Code on the date specified by the state building standards commission unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection The Residential code is adopted and incorporated by reference as though fully set forth at lencgth herein as provided for in section 419 of the Charter of the city except for the changes to the Residential code set forth in this chanter that specifically amends the Residential Code. The Residential code as thus amended together with all other provisions of this article. shall be known as the city Residential code Appendices which are adopted pursuant to this section are as follows Appendix H. Patio Covers Appendix J. Existing Buildings and Structures SECTION 49: That section 8 -2600 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): DIVISION 2. AMENDMENTS. Sec. 8 -281 O. Climatic and Geographic Design Criteria (Table R301 2(1)) Table R301 .2(1) is revised to read: TABLE R30'I .2M CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ordinance No. NS -XXXX 7C /� _�}� Page 29 of 50 WIND DESIGN SUBJECT TO DAMAGE FROM GROUND SNOW LOAD Speed ° opographic m h effects` SEISMIC DESIGN CATEGORY`Weatherin Frost line De th" ermite WINTER DESIGN TEMP° ICE BARRIER UNDERLAYMENT REQUIRED" FLOOD HAZARDS° AIR FREEZING INDEX' MEAN ANNUAL TEMPI Ordinance No. NS -XXXX 7C /� _�}� Page 29 of 50 Very See Zero 85 No Di or E Ne li ible 72 -24" Heav 43 No Exhibit B O 60 For SI: 1 pound per square foot = 0.0479 kPa 1 mile per hour = O 447 m/s a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code The weathering column shall be filled in with the weathering index (i e "negligible." "moderate" or "severe ") for concrete as determined from the Weathering Probability Map fFiqure R301 2(3)1 The grade of masonry units shall be determined from ASTM C 34. C 55. C 62 C 73 C 90 C 129. C 145. C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Ficgure R403.1(1). The iurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade c. The iurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The iurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map fFiqure R301 2( 4)1 Wind exposure category shall be determined on asite- specific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official f. The iurisdiction shall fill in this part of the table with the seismic design category determined from Section R301 .2 2 1 g. The iurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas). (b) the dates) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having iurisdiction as amended. h. In accordance with Sections R905.2.7.1 R905.4.3.1 R905.5.3.1 R905.6.3.1 . R905.7.3.1 and R905.8.3.1 where there has been a histo of local damage from the effects of ice damming the iurisdiction shall fill in this part of the table with "YES." Otherwise the iurisdiction shall fill in this part of the table with "NO." Ordinance No. NS -XXXX 7C A _�p Page 30 of 50 i. The iurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF -days) from Figure R403.3(2) or from the 100 -year (99 %) value on the National Climatic Data Center data table "Air Freezina Index- USA Method (Base 32 °)" at www. ncdc. noaa. qov /fpsf. htrnl. i- The iurisdiction shall fill in this Hart of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezina Index -USA Method (Base 32 °F)" at www. ncdc. noaa. qov /fpsf. htm I. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind Speed -up effects the iurisdiction shall fill in this mart of the table with "YES." Otherwise. the iurisdiction shall indicate "NO" in this art of the table SECTION 50: That section 8 -2811 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 8 -281 1 . Masonry stem walls (Section R403.1 .3). Section R403.1 .3 is amended to read as follows: In Seismic Design Categories DO. D1 and D2 masonry stem walls without solid Grout and vertical reinforcing are not permitted. Exception: In detached one- and two - family dwellings which are three stories or less in height and constructed with stud bearing walls plain concrete footings without longitudinal reinforcement supporting walls and isolated plain concrete footings supporting columns or pedestals are ermitted. SECTION 51: That section 8 -2900 is added to Chapter 8 of the Santa Ana Municipal code to read in full as follows (new language underlined for tracking purposes only): ARTICLE XV. GREEN BUILDING STANDARDS CODE Sec. 8 -2900. Adoption by reference. There is adopted by the city that certain code known as the California Green Building Standards Code. 2010 Edition. as published by the International Code Council (hereinafter referred to in this article as the "California Green Building Standards Code "). (effective. adopted. and incorporated by reference into this Code on the date Ordinance No. NS -XXXX %5 /� _�� Page 31 of 50 specified by the state building standards commission unless otherwise specified) of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection The Green Building Standards code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city The California Green Building Standards code. as thus amended together with all other provisions of this article. shall be known as the city Green Building Standards code SECTION 52: That section 14 -1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -1. Adoption of the International Fire Code, 2886 2009 Edition, and the California Fire Code, �� 2010 Edition. There is hereby adopted by the city that certain code known as the "International Fire Code, 2886 2009 Edition and the California Fire Code �� 2010 Edition," and the whole thereof including the Appendices therein, errata issued during and after the publishing date, save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the city from the effective date of this article. Any provision of this article amending the above mentioned codes shall be construed as amending the 2886 2009 and 288 2010 editions thereof including such provisions enacted prior to this adoption of the said 288E 2009 and �� 2010 editions and not thereafter repealed. The said International Fire Code, 2886 2009 edition and the California Fire Code 288 2010 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana." SECTION 53: That section 14 -10 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -10. Historical property. (a) This section applies only to buildings, or portions thereof, which have been designated as historical property pursuant to section 30 -1 of the Santa Ana Municipal Code, and which would require either the installation of an automatic sprinkler system, or the installation of one (1) or more fire hydrants with appurtenant water supply, or both, in order to comply with the sue► California Fire Code as amended by this article, by reason of the additions, alterations or repairs or changes of occupancy proposed for such building. Ordinance No. NS -XXXX 7C A _�O Page 32 of 50 (b) An automatic sprinkler system shall be installed in any portion of such building which is to be used as a place of public assemblage or a Group H occupancy, as defined in the building code of the City of Santa Ana. (c) Subject to the overriding requirement of paragraph (b) of this subsection, changes to buildings within the scope of this section shall be subject to approval on the following standard: Installations of automatic sprinkler systems or fire hydrants shall be required only to the extent necessary to avoid an increase in the risk of fire occurring, the danger to life in the event of fire, or the difficulty of fire suppression or to avoid a prolongation of any especially hazardous situation. The need of such installations or alternative fire protection requirements shall be evaluated in view of any modifications in building safety standards due to application of the state historical buildings code, and the fire marshal shall coordinate his review with that of the building official in this regard. The fire marshal may impose alternative fire protection requirements on building changes within the scope of this section as appropriate to maintain this standard and shall waive any requirement of this section which is inconsistent therewith. (d) The fire marshal shall give priority to building changes within the scope of this section which are submitted for his review by the community redevelopment agency. SECTION 54: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14 -21 amending California Fire Code section 202, Definition #2 is necessary due to the climatic and geographic conditions of high winds and low humidity. This combination of events creates an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Also the City is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. SECTION 55: That section 14 -21 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -21. Definitions (Section 202). Section 202 of the California Fire Code is adopted in its entirety, except for the following amendment revising the definition of High -Rise and adding a definition for Planned Unit Development building as follows: HIGH -RISE BUILDING. As used in this Code: Ordinance No. NS -XXXX 7 e n_ w 1 Page 33 of 50 1. "Existing high -rise structure" means a high -rise structure, the construction of which is commenced or completed prior to July 1, 1974. 2. "High -rise structure" means every building of any type of construction or occupancy having floors used for human occupancy located more than 55 feet above the lowest floor level having building access (see California Building Code, Section 403.1.2), except buildings used as hospitals as defined in Health and Safety Code Section 1250. 3. "New high -rise structure" means a high -rise structure, the construction of which is commenced on or after July 1 , 1974. PLANNED UNIT DEVELOPMENT (PUD) or PLANNED RESIDENTIAL UNIT DEVELOPMENT. As used in this Code, is a private residential subdivision or partition of land resulting in three or more dwelling units; as approved and recorded in accordance with local planning and zoning regulations. SECTION 56: That section 14 -23 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -23. Accidental alarms (Section 401). Section 401 .&9 is added to the California Fire Code, to read as follows: 401 .�9 Accidental Alarms (a) As used herein, the following terms shall have the following meanings: "Accidental alarm" means an alarm, message, signal, or notice received by the fire department as a result of the failure of a fire alarm system to function properly. "Manually activated alarm system" means a nonresidential alarm system which is activated while the business is open and /or occupied and activated by the deliberate acts of an employee, or a residential alarm system designed to be activated by a tenant from within a residential unit. It does not include manual pull stations activated from areas accessible to the public. "Automatic alarm system" means an alarm system other than a manually activated alarm system. It does not include manual pull stations activated from areas accessible to the public. Ordinance No. NS -XXXX 75A_w� Page 34 of 50 (b) When accidental alarms are received by the fire department, the fire chief is authorized to demand that the user of the responsible fire alarm system correct, replace, or disconnect such system. (c) Except as otherwise provided in subsection (d) of this section, any person having an alarm system which results in a fire department response in which the alarm proves to be an accidental alarm shall pay a penalty assessment fee to the city as follows: (1) Accidental alarms received by the city fire department from automatic alarm systems which are in excess of the maximum allowable number, as set forth in paragraph (3) of this subsection, shall result in an automatic alarm penalty assessment in such amount as shall be set by resolution of the city council. (2) Alarms from manually activated alarm systems which are in excess of the maximum allowable number of false alarms, as set forth in paragraph (3) of this subsection, shall result in a manually activated alarm penalty assessment in such amount as shall be set by resolution of the city council. (3) Penalty assessments shall be made for accidental alarms which number more than one (1) in any thirty -day period; or more than two (2) within any ninety -day period; or more than three (3) within any one -year period. (d) Commencing with the date of a new alarm installation and continuing until the date six (6) months thereafter, or until there have been three (3) accidental alarms from such new alarm installation, whichever first occurs, subsection (c) of this section shall not apply to accidental alarms from such new alarm installation. (e) The fire chief reserves the right to discontinue response by fire department personnel to any location of a silent or audible alarm when: (1) The alarm user has been given written notice and assessed six (6) penalty assessments within aone -year period; or (2) The alarm user has failed to pay any such penalty assessment. Reinstatement may occur when the alarm user has taken steps to eliminate or correct the problems) and has documented the corrective action in writing to the fire chief. Ordinance No. NS -XXXX 7C A _�� Page 35 of 50 SECTION 57: That section 14 -25 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -25. Access roadways for apparatus (Section 503). (a) Subsection 503.1.1 of the California Fire Code is amended to read as follows: (a) Required construction. Every building or portions of buildings hereafter constructed shall have fire apparatus access roadways. Such access roadways shall provide two (2) separate but interconnected means of ingress and egress. Access shall be at least twenty (20) feet in clear width. Aforty -foot outside and twenty -foot inside radius shall be provided wherever they make a turn. The total width shall be continuously paved to accommodate sixty thousand (60,000) pounds and shall not exceed the angle of departure (eight (8) degrees or fourteen (14) percent) for fire apparatus on any slope. Access roadways shall have a vertical clearance of not less than thirteen (13) feet six (6) inches above the finished driveway surface. EXCEPTIONS: 1. When buildings are completely protected with an approved automatic fire sprinkler system, the provisions of this section may be modified. 2. When access roadways cannot be installed due to topography, waterways, nonnegotiable grades or other similar conditions, the chief may require additional fire protection as specified in Section 901.4.3. 3. When there are not more than two (2) Group R, Division 3 or Group U Occupancies, the requirements of this section may be modified, provided, in the opinion of the chief, firefighting or rescue operations would not be impaired. 4. When access roadways cannot be installed in accordance to the ordinance due to in fill projects, and land or parcel constraints the Chief may require enhanced fire protection by method of construction. compartmentalization and or fire separation construction. (b) Extent. The access roadway shall be extended to within one hundred fifty (150) feet of all portions of the exterior walls of the first story of any building_ Where the access roadway cannot be provided, approved Ordinance No. NS -XXXX 7e /� _�� Page 36 of 50 fire protection system or systems shall be provided as required and approved by the fire marshal. (c) Fire protection a /ternate. Where fire protection systems approved by the fire marshal are provided, the above required clearance may be modified. (d) Oversizing. The fire marshal shall have the authority to require an increase in the minimum access width where such width is not adequate for fire or rescue operations. (b) Subsection 503.7 is added to the California Fire Code to read as follows: 503.7 Planned Unit Development Access. (a) Road widths. Access roadways or streets in a PUD shall comply with the provisions of Santa Ana Municipal Code Sections 14 -24 and 14- 25 as well as the road widths as follows: 2$ 28 feet wide when parking is not allowed on either side of the roadway. �8 32 feet wide when parking is not allowed on only one side of the roadway and, 48 36 feet wide when parking is not restricted. FY'f- :1�•- • +:.�. Tb.� C:re IAA. -.mac F...l +F. .-1 + ..1'i. il.. c �• rd. r: r.Lle� �. � +e.v. (b) Dead Ends. Dead end fire department access roads shall be in accordance with Santa Ana Municipal Code Section 14 -25. (c) Cul -de -sacs. Cul -de -sacs shall be maintained clear and unobstructed as required by Santa Ana Municipal Code Section 14 -25. (c) Subsections 503.2, 503.2.1 , 503.2.2, 503.2.3, 503.2.4 of the California Fire Code are deleted. (d) Subsection 503.4 of the California Fire Code is amended to read as follows: 503.4 Obstruction of emergency access lanes. (a) Obstructing emergency access lane. Ordinance No. NS -XXXX 7C /� _4e Page 37 of 50 (1) The required width of any fire apparatus access road shall not be obstructed in any manner. Minimum required widths and clearances established under this section shall be maintained at all times. (2) No person shall cause or permit any vehicle, including, but not limited to, automobile, motorcycle, truck, bicycle or any other vehicle in his control or ownership, to be stopped in an area designated for emergency vehicles. (3) This section applies to all non - emergency vehicles whatsoever, attended or unattended, stopped for any length of time except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer or fireman. (4) Any vehicle found in violation of this section may be towed at the owner's or operator's expense at the request of any Santa Ana police officer, parking control officer, California Highway Patrol officer, Orange County deputy sheriff or any fire department personnel described in section 1 -18 of this Code. (b) Infraction violations. Any violation of this subsection 503.4 shall be deemed an infraction. SECTION 58: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14 -27 amending California Fire Code section 507 is necessary due to climatic conditions of high winds and low humidity. Combined with high density city population conditions may be conducive to rapidly spreading fires. These climatic conditions and winds contribute to the rapid spread of even small fires originating in high density housing therefore creating a need for increases fire protection. This amendment defines fire flow, fire sprinkler and fire hydrant placement requirements. SECTION 59: That section 14 -27 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -27. Fire flow requirements (Section 507). (a) Subsection 507.1 of the California Fire Code is amended to read as follows: 507.1 . Required water supply for fire protection. Ordinance No. NS -XXXX 7C A _�� Page 38 of 50 No building shall hereafter be constructed which would require a fire flow of more than five thousand five hundred (5,500) gallons per minute. No existing building shall be added to, altered, or changed in the character of its occupancy so as to increase its required fire flow above five thousand five hundred (5,500) gallons per minute. No existing building which currently requires a fire flow of more than five thousand five hundred (5,500) gallons per minute shall be added to, altered, or changed in the character of its occupancy if such addition, alteration or change would increase the fire flow required for such building. No building shall hereafter be constructed, and no additions, alterations, or repairs shall be made to an existing building within any twelve -month period which exceed twenty -five (25) percent of its value, and no existing building shall be changed in the character of its occupancy so as to increase the fire flow required for such building, unless fire hydrants and appurtenant water supply capable of delivering the fire flow that will be required for such building, with a residual pressure measured at the hydrant outlet of not less than twenty (20) pounds per square inch during times of average daily consumption, are located in accordance with the following distance limitations: 1. In any case where this requirement applies solely by reason of additions, alterations, or repairs to an existing building; and in the case of new construction of a building designed for Group R, Division 3 occupancy, as defined in the building code of the City of Santa Ana, or building or structure accessory thereto: the required hydrant or hydrants must be located within five hundred (500) feet of all portions of the exterior walls of the building or be protected. Such required hydrant or hydrants may be located either on a public street or on the site of the premises to be protected. 2. In all other cases: the required hydrant or hydrants shall be located on the site of the premises to be protected, except that any required hydrant may be located on a public street if such location is within one hundred fifty (150) feet of all portions of the exterior walls of the building to be protected. Where more than one (1) fire hydrant is located on the site of the premises to be protected, or where a combination of hydrants located on such site and a public street are used to meet the distance requirements, the required fire flow in gallons per minute may be divided between such hydrants provided: 1. That the combination of hydrants will deliver the required flow, and Ordinance No. NS -XXXX 7C /� _�� Page 39 of 50 2. That no single hydrant has a flow of less than one thousand five hundred (1,500) gallons per minute with a residual pressure measured at the hydrant outlet of not less than twenty (20) pounds per square inch during times of average daily consumption. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains, or other fixed system capable of supplying the required fire flow, subject to the approval of the fire marshal. The precise location, number and type of fire hydrants connected to a water supply to be provided in accordance with this subsection shall be subject to the approval of the fire marshal_ All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 503. No use of an existing building, or any portion thereof, for either a place of assemblage or a Group H occupancy, as defined in subsections 903.2.1 and 903.2.45, shall be initiated or expanded unless the building as a whole will comply with the requirements of this subsection 507.1 such as would apply to the new construction of such building for the same uses. For purposes of this section, an existing building or structure shall be deemed to have a value equal to the current cost of construction of a building or structure of the same size and type of construction. In determining such value, the fire marshal shall be guided by the most recent building valuation data published by the International Conference of Building Officials. In determining the fire flow requirements for any building, structure, or fire area, the fire marshal shall proceed in accordance with the standards set forth in that certain "Santa Ana Fire Department Guide for Determination of Fire Flows," of which not less than one (1) copy is on file in the office of the clerk of the council of the City of Santa Ana. (b) Subsection 507.3 of the California Fire Code is amended to read as follows: 507.3. Fire Flow Methods. An automatic sprinkler system must be installed in buildings hereafter constructed, or when additions, alterations, or repairs are such as to require the building to comply with all the requirements of the building code of the City of Santa Ana for new buildings, in either of the following circumstances: Ordinance No. NS -XXXX 7C A _wp Page 40 of 50 • The building would require a fire flow of more than two thousand five hundred (2,500) gallons per minute if such system were not installed; - The building exceeds two stories in height. EXCEPTIONS: 1. Group R occupancies as defined in California Fire Code Section 903.2.8. 2. Open free standing parking structures, whether or not such structures exceed two (2) stories in height, constructed of noncombustible materials above grade, and meeting all of the provisions of the building code of the City of Santa Ana and National Fire Protection Association Standard 88A, need not be provided with automatic fire sprinkler unless such sprinklers would be required due to the area and height limitations of the building code of the City of Santa Ana or the estimated fire flow exceeds five thousand five hundred (5,500) gallons per minute. Where a conflict exists between the building code of the City of Santa Ana and National Fire Protection Association Standard 88A, the more restrictive requirement shall apply. (c) Subsections 507.5 and 507.5.1 of the California Fire Code are deleted. (d) Subsection 507.5.2 of the California Fire Code is amended to read as follows: 507.5.2 Private Hydrant Testing. Private hydrant systems shall be inspected and serviced annually, and the owner shall correct any deficiencies immediately. Hydrants shall be flushed, valves operated and caskets and caps inspected. Hydrant paint shall be maintained in good conditions. SECTION 60: That section 14 -28 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -28. Parade floats (Section 315.45). Section 315.45 is added to the California Fire Code to read as follows: Section 315.45 Parade Floats. Ordinance No. NS -XXXX %5A_wp Page 4'I of 50 Section 315.45.1 Decorative Materials. Decorative materials on parade floats shall be non - combustible or flame retardant. Section 315.45.2 Fire Protection. Motorized parade floats and towing apparatus shall be provided with a minimum 2A106C rated portable extinguisher readily accessible to the operator. SECTION 61: That section 14 -29 of the Santa Ana Municipal Code is hereby amended such that it -reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -29. �,=:z� Emergency and Standby Power Systems (Section 604) Subsection 604.2.14 of the CFC is amended as follows: High -rise buildings and Group I -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department vehicle access. Standby power lights and emergency systems in high -rise buildings and Group I -2 occupancies having occupied floors located more than 55 feet above the lowest level of fire department access shall comply with the requirements of Sections 604 2 14 1 through 604 2 14 3 SECTION 62: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14 -30 amending the California Fire Code section 903 is necessary due to artificially created topographic conditions. The City is 27 square miles with a population in excess of 350,000 with extensive traffic congestion. Depending on time of day and climatic conditions response times may be impacted. Therefore those occupancies that have the potential to large loss of life (Type "A ") and those that have the highest potential for conflagration (Type "H ") make it necessary to provide automatic on -site fire extinguishing systems in order to protect occupants and property. SECTION 63: That section 14 -30 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -30. Installation of automatic sprinkler systems (Section 903). (a) Subsection 903.2.1 of the California Fire Code is amended as follows: 903.2.1 Places of Public Assemblage An automatic sprinkler system must be installed in any portion of a building whether newly constructed or preexisting, in or into which the following use is initiated or expanded. A place of public assemblage which provides for the gathering together of one hundred (100) or more persons, for such purposes of deliberation, education, instruction, worship activities, Ordinance No. NS -XXXX 7e A _GO Page 42 of 50 entertainment, amusement, or the awaiting of transportation, or in a dining or drinking establishment. The nearest level of exit discharge regardless of occuoancy classification must be orovided with automatic sorinklers (b) Subsection 903.2.45.1 of the California Fire Code is amended as follows: 903.2.45.1 Group H Occupancies. An automatic sprinkler system must be installed in any portion of a building, whether newly constructed or preexisting, in or into all H occupancies as defined by the City of Santa Ana building code. (c) Subsections 903.2.4, 903.2.6, 9A3.2.6, 903.2.7, 903.2.8, 903.2.9.1 , 903.2.9.2. 903.2.10 and 903.2.9 of the California Fire Code are subject to sprinkler requirements stated in City of Santa Ana Municipal code section 14 -30 subsection 507.3 or the California Fire Code; whichever is more restrictive. (d) Subsection 903.3.7 of the California Fire Code is amended as follows: 903.3.7 Fire department connections. All sprinkler systems shall have the Fire Department pumper connection located at the property line, on the address side of the building as close as practical to the public hydrant. (e) Subsections 903.2.1 .1 903 2 1 2 903 2 1 3 903 2 1 4 903 2 1 5 of the California Fire Code are deleted. SECTION 64: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of Section 14 -31 amending California Fire Code section 907 sections 907.2.13 and 907.7.3.2 is necessary due to the climatic and geographic conditions of high winds and low humidity. This combination of events creates an environment that is conducive to rapidly spreading fire. Control of such fire requires rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene. Also the City is located in the middle of the seismically active area identified as Seismic Zone 4. The viability of the public water system would be questionable after a large earthquake leaving tall buildings vulnerable to uncontrolled fires and the inability to pump sufficient quantities of water to upper floors. SECTION 65: That section 14 -31 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -31. High rise amendments (Section 907). Ordinance No. NS -XXXX 7C /� _C � Page 43 of 50 (a) Subsection 907.2.413 of the California Fire Code is amended as follows: 907.2.4'13 High -rise buildings and Group I -2 occupancies. Buildings with a floor used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice /alarm communication system in accordance with 907.2��z6.2.2. Exceptions: 1. Airport traffic control towers in accordance with Section 907.2.22 and Section 412 of the California Building Code. 2. Open parking garages in accordance with Section 406.3 of the California Building Code. � °i�'^'� ^ ^° ^ *~ ^d,�ans3�in 6reap 1! a in asserdanse with a92 1 7 ^f +ho r- .- ,i:c..�. -.:... Q -�,a- ��� 43. Low - hazard special occupancies in accordance with Section 503.1 .1 of the California Building Code. 5 Bu_�I.- 1:.+9^ -•ith an essdpans�in- �rE*d� H 1, H 2 arT -o—.,� (b) Subsection 907.9 - X7.3.2 of the California Fire Code is amended as follows: 907.97.3.2 High -rise buildings and Group I -2 occupancies. In buildings with a floor used for human occupancy that is located more than 55 feet above the lowest level of fire department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm- initiating devices where provided: 1 . Smoke detectors. 2. Sprinkler water -flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection or suppression systems. Ordinance No. NS -XXXX 7C /� _�2 Page 44 of 50 SECTION 66: That section 14-49 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -49. Deletions from the California Fire Code. The following parts of the California Fire Code are hereby deleted: Appendix A -Board of Appeals Appendix B -Fire Flow Requirements for Buildings Appendix C -Fire Hydrant Locations and Distribution Appendix D -Fire Apparatus Access Roads Chanter 4 in its entirety Exceptions: Sections 401 402 403 and 407 as adopted by SFM. SECTION 67: That section 14 -55 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -55. o ^�-^;+ f ^- Sale of safe and sane fireworks; hours of sale. No person shall display, sell, or engage in the business of selling safe and sane fireworks without first having obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any time except from 12:00 noon through 10 :00 p.m. on July 1st; from 10 :00 a.m. through 10:00 p.m. on July 2nd and 3rd; and from 10 :00 a.m_ through 8:00 p.m. on July 4th of any year. SECTION 68: That section 14 -56 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -56. Permits, issuance. (a) Permits for the sale of safe and sane fireworks shall be issued only to bona fide nonprofit organizations as recognized by the State of California organized for charitable, fraternal, patriotic service or religious purposes with their principal and permanent meeting place within the City of Santa Ana, and at least fifty (50) per cent of the members residing within the city limits. (b) Permits for the sale of safe and sane fireworks shall limit each sponsoring organization to a single location in any given year. Ordinance No. NS -XXXX 75A -53 Page 45 of 50 (c) Such permits shall expire on July 4th at 8.00 p m of the year of issuance SECTION 69: That section 14 -57 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -57. Application for permit. ar�r�lisants whcu ° ^ °��• °-+ a-P-- --,�+ +-� ^f, rate daring the Jdl7 -mil �A91 sea�e ^ se�,� rr � r^ Y'r fr..+h h.. +h° f:l-e chief C-�nse the .v. h.-,� f '+ h h+ f' /QC\ +h h' f s#a+l- sus ^ ° ^`' ^�^' ' ^ttPr�- .system The fire -chief I�ay�- imp +ems + "d- -I'stt• +' ,.,rr °'a r , -G cvo� .,c.. ^ +:^ maa�l�c r° •h..- .:K °.J .: +h: + nT161Tda�s 9# re7estien, 13dt In ne 6�elS�— S,h -r9I�I ...+ � roof ..c °1:9 ;h:1: +7 f e,� mit finder sestien 1-4 56 T�1 fire- 6ka'ef ar aealif"3nt i� ^11 +h° + +h;^ ...+:.+1. -. h.� h 1' ..1 -al.. a � r r' y Thp .- 1 °r.:.�l .-.f �+n 2p ^p ^I16at19n ma��be appe9led tfJ the 1 1 'f !'` ..1 The number of fireworks booths allowed to operate in the City of Santa Ana will be limited to a maximum of 85 booths. Organizations that received a permit to operate a firework booth in the previous year will have their operational permit automatically renewed as long as the organization still meets the requirements listed in section 14 -56 and have not had any violations of these regulations during the past operational season If the number of returning organizations is less than 85 the open fireworks booth operation positions shall be filled by lottery during the following year fireworks season Ordinance No. NS -XXXX 75A -54 Page 46 of 50 Lottery applications for a permit to operate a fireworks booth in the City of Santa Ana must be received at Santa Ana Fire headquarters no later than 5.00 pm on April 15th of the year the permit is to be issued Lottery applications must be complete and all supporting documents included with the application. Lottery applications need not have the booth location. State Fire Marshal permit, or insurance documents submitted until after the lottery is drawn. If the Fire Chief determines that a lottery is to be run the lottery will be drawn on the first working day after April 20th. Returning organization applications and the remaining documentation for selected lottery groups must be received at Santa Ana Fire headquarters no later than 5:00 pm on Mav 1st of the year the permit is to be issued. All fireworks booth permit applications submitted with insufficient information or missing documentation must be corrected before Mav 31st of the same year or the first working day after Mav 31st if Mav 31st lands on a weekend. SECTION 70: That section 14 -58 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -58. Few; ^ +•,..., ..c ,.° .�.,:+ The fee for such permit shall be established by resolution of the city council. Sdsh�errr�it� hall a *p -ire -a ^� ^� -a� +° ^f : SECTION 71: That section 14 -61 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -61. Clean premises deposit. (a) Prior to erecting any such stand, the permittee shall deposit an amount to be set by resolution of the city council, or post a bond in such amount, with the City of Santa Ana to assure the city that the permittee will remove the stand, equipment, materials, and all rubbish from the premises upon which the stand is located, to the satisfaction of the fire chief, before midnight, July 11th, of the year for which such permit is granted. (b) If the stand, equipment, materials, and rubbish are removed within the said period of time to the satisfaction of the fire chief, its City or its agents or employees. the said cash or bond shall be returned to the permittee. Ordinance No. NS -XXXX 75A -55 Page 47 of 50 (c) If the premises are not put in proper order, as determined by the fire chief, the city or its agents or employees may enter upon the property to do everything necessary to clear the premises, and said cash or bond shall be forfeited as liquidated damages for breach of condition subsequent to the permit. As a condition to the permittee's acceptance of the permit, it is expressly agreed that the city or its agents shall have authority to enter upon the premises to carry out the provisions of this section. SECTION 72: That section 14 -70 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -70. Electric circuits. Electrical circuits, wiring, devices and lighting are prohibited in temporary stands unless such installation has been made under a valid electrical permit obtained by at the city's department of planning and ^' °�• °' ^ ^-^ ° ^+ c° •- building. No permit shall be required for battery- operated portable lighting devices. SECTION 73: That section 14 -72 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -72. Trash removal. All trash shall be removed from the premises and the fireworks stand each evening at the close of business and at regular intervals during hours of operation. SECTION 74: That section 14 -74 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -74. Fireworks; public display. Notwithstanding any other provisions of this article, the fire chief +� at his discretion may grant permits for public displays of fireworks under his supervision. Applications for such public display permits shall be filed with the fire chief not less than fifteen (15) days before sue# the public display and shall be accompanied by a detailed statement of the � * °^:c ^f c:: ^', c °�' pyrotechnic devices to be used in display. If such permit is granted, no s pyrotechnic devices shall be dis.plajred discharged except as ^ ^ + ^� ^ ^-� listed in sask� the statement and the fire chief may, in granting such permit, eliminate from said statement sask�- +te+�►s of pyrotechnic devices, any items as he deems hazardous and na grantee of ^'^ ° -^�+ �ti..�� °,.F..:4..:+ .- ..,: �^ 4, °�:....,:.,.. + °•.� : + °.....� or an unacceptable risk to public safety. Such public display shall be under the supervision of the fire chief or such persons as he shall designate a� Vie. The fee for sae4� the public pyrotechnic display permit Ordinance No. NS -XXXX 75A -56 Page 48 of so shall be established by resolution of the city council. Such display shall be held at sack the place and time as designated in said the permit. The application for such permit shall comply with the provisions of the California 1ldm+a��;= .��,�, t+tle '° 4... -. + 1�ddehaFtef 6, article —'I-6 Title 19 California Code of Regulations. Chanter 6� Fireworks. The denial of an application may be appealed to the uniform code appeals board. SECTION 75: That section 14 -76 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -76. Exceptions. Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or the sale or use of blank cartridges for a show or theater performance, or for signal purposes in athletics or sports, or for use by military organizations. SECTION 76: That section 14 -78 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language underlined, deleted language in strikeout for tracking purposes only): Sec. 14 -78. Prohibited areas. No persons shall sell, store, display, or discharge any fireworks of any type in any public oil or gasoline station, or on any premises where gasoline or other +r#lammable liquids are stored or dispensed. No person shall sell, store, display, or discharge any fireworks of any type in any permanent structure, nor within forty (40) feet of the same, except that any purchaser may discharge fireworks in conformance with these regulations �- •� *4..;., +.- ,e., +•• f:.,e �'��� fee+ in front of his own residence. SECTION 77: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 78: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation or ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there under appertaining shall continue in full force and effect. Ordinance No. NS -XXXX 7C /� _�7 Page 49 of 50 ADOPTED this day of 201 O Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS -XXXX 7C /� _Cp Page 50 of 50