HomeMy WebLinkAbout FULL PACKET_2011-02-22MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
FEBRUARY 7, 201'1
CLOSED SESSION
CALLED TO ORDER CITY HALL, 8TH FLOOR, ROOM 831
20 CIVIC CENTER PLAZA
SANTA ANA, CA
5:05 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem (5:24
P.M.)
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO (5:23 P.M.)
SAL TINAJERO (5:30 P.M.)
COUNCILMEMBERS Absent:
None
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS -None
CLOSED SESSION ITEMS
1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION
pursuant to Government Code Section 54956.9(a)
Martha Macias Ochoa v. City of Santa Ana
United States District Court Case No. SACV09 -583 CJC (RNBx)
Robert Plumleigh v. City of Santa Ana
United States District Court Case No. SACV10 -1332 CJC (RNBx)
CITY COUNCIL MINUTES
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FEBRUARY 7, 2011
fiL:
1C
Robert White, James Kane v. City of Santa Ana
Orange County Superior Court Case No. 30- 2010 - 00437144- CU- WM -CXC
Central Basin Municipal Water District v. Water Replenishment
Real Party In Interest: City of Santa Ana
Los Angeles County Superior Court Case No. BS129817
Friends of the Lacy Historic Neighborhood v. City of Santa Ana, et al
Orange County Superior Court Case No. 30- 2010 - 00388033 -CU -WM
City of Santa Ana v. Transamerica Insurance Company
Orange County Superior Court Case No. 30- 2009 - 00118207
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director,
Kathie Gonzalez
Employee Organizations: Santa Ana Police Officer's Association
Santa Ana Police Management Association
Santa Ana Service Employees International
Union (SEIU) Full -Time Employees
Santa Ana Service Employees International
Union (SEIU) Part -time Civil Service
PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to
Government Code Section 54957(b)(1)
Title: City Attorney
CLOSED SESSION REPORT -See Item 19A
ADJOURNED THE CLOSED SESSION MEETING AT 6:10 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES
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FEBRUARY 7, 20'11
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6 :21 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
COUNCILMEMBERS Absent:
None
PLEDGE OF ALLEGIANCE
INVOCATION
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
Mayor Pulido
Bob Barnett, Police Chaplain
PRESENTATIONS
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Scott D. Kutner, Community Development
District Manager, Community Development
Agency
25 YEARS OF SERVICE Richard Ley, Sanitation Inspector II, Public
Works Agency
Linda C. Flores, Traffic Services Specialist,
Police Department
PROCLAMATION presented by MAYOR PULIDO to Julie Lee in recognition of Bowers
Museum's 75th Anniversary_
CITY COUNCIL MINUTES 3 FEBRUARY 7, 2011
10A -3
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to
Alexandra Bolanos in recognition of Northgate Markets' Christmas Toy Give -away.
PROCLAMATION presented by COUNCILMEMBER BENAVIDES to Bobby McDonald
in recognition of Black History Month.
CITY TILE presented by COUNCILMEMBER BENAVIDES to Julie Stroud for her
service on the Board of Parks and Recreation.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to
Julie Melcher for organizing the WestEnd COP Children's Christmas Party.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Mario Guerrero for his service on the Youth Commission.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Adam Hurtado for his successful fight against obesity and for seeking a healthier
lifestyle.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
Alfred Mata for the Healthy Eating Active Living (HEAL) campaign.
CLOSED SESSION REPORT — Nothing to report.
PUBLIC COMMENT
• Robert Nothoff, Policy Analyst with Orange County Community Organized for
Responsible Development, presented study called "The Rubber Stamp Process:
Broken Governance in Planning and Development and How Communities Can
Regain a Voice "; discussed content of report.
• Bradley Torgan — representing the Silverstein Law Firm regarding the San Lorenzo
Lift Station; opposed to the project as proposed.
"Councilmember Martinez requested continuance of item for two weeks;
Councilmembers Tinajero and Martinez to meet with staff to further discuss.
AGENDA ITEM TAKEN OUT OF ORDER (ITEM 5561
556 RESOLUTION CERTIFYING ENVIRONMENTAL IMPACT REPORT FOR
SAN LORENZO SEWER LIFT STATION AND APPROVAL OF PROJECT
- Public Works Agency
MOT /ON: At the request of staff, continue consideration of matter to
the February 22, 2011 City Council Meeting.
MOTION: Martinez SECOND: Alvarez
CITY COUNCIL MINUTES 4 FEBRUARY 7, 2011
10A -4
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC COMMENTS (Cont.)
• Claudia Arellanes — owner of Mega Furniture on 4th Street for past 23 years;
opposed to PBID and additional taxes imposed onto businesses; businesses should
be financially cautious to succeed.
• Fina Chaves —urge Council to disestablish PBID.
• Art Lomeli — represents the group that supports dissolving PBID; group has
submitted petitions to dissolve tax assessment district.
• Ralph Allen — opposed to PBID; five -year tax assessment that should be eliminated.
• Irma Jauregui —spoke in support of Item 20A; parks desirable, increase property
value, and quality of life; thanked Council for support.
• Sister Cecilia Duran — supports Item 20A to improve the quality of life for the children
in our community.
• Jose Rea —spoke in support of Items 20A and 20B; would like to have drinking
fountain, drought tolerant vegetation /community garden, and resting area along bike
trail.
AGENDA ITEMS TAKEN OUT OF ORDER (ITEMS 20A AND 206)
20A REIMBURSEMENT AGREEMENT FOR LAND CONVERSION
REQUIREMENT BY THE NATIONAL PARK SERVICE - Parks,
Recreation &Community Services Agency
Councilmember Sarmiento noted that Saint Anne's Church in support of
the project.
MOT /ON:
1. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute a reimbursement
agreement.
AGMT NO. 2011 -026 - With Rancho Santiago Community College
District in an amount not to exceed $300,000 to transfer the deed
restriction to a new park site at McFadden /Orange (1 .4 acres).
CITY COUNCIL MINUTES
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FEBRUARY 7, 2071
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2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2011 -133 - Recognizing
$300,000 in the Park Acquisition and Development revenue account
and appropriate same to the Park Acquisition and Development
expenditure account.
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
None (0)
TRANSPORTATION ENHANCEMENT FUNDING FOR THE MAPLE
STREET BIKE TRAIL LANDSCAPING PROJECT - Public Works Agency
and Parks, Recreation &Community Services Agency
MOT /ON:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement, subject to non - substantive changes approved by the
City Manager and City Attorney.
AGMT NO. 2011 -027 -With Orange County Transportation Authority, to
provide Transportation Enhancement funding up to an amount not to
exceed $285,750.
2. Approve appropriation adjustments. (Requires five affirmative
votes)
• APPROPRIATION ADJUSTMENT NO. 201 1 -1 19 — Accepting funds
in the amount of $285,750 into the Select Street Construction
Revenue Fund for Federal Grants and appropriating $285,750 to the
Select Street Construction Expense Fund for Improvements Other
Than Buildings.
• APPROPRIATION ADJUSTMENT NO. 2011 -118 — Accepting funds
in an amount of $95,250 into the Residential Development District 3
Revenue Fund and appropriating $95,250 to the Select Acquisition
and Development Fund for Improvements Other Than Buildings for
the 25 percent matching requirement for the project.
CITY COUNCIL MINUTES 6 FEBRUARY 7, 2011
10A -6
MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC COMMENT (Cont.)
• Carl Beninger — thanked Council for support of Comlink; spoke on behalf of Mid -
City Neighborhood Association who would like to have the contractor address
cracked pavement.
• Rene Guzman — representing Mid -City Neighborhood, urge contractor to fix
streets.
Councilmember Bustamante indicated that contractor has committed to fixing
the streets at Mid -City Neighborhood.
• Tom Jackson — updated Council on progress to disestablish PBID; noted that tax
has no direct benefit to his business; requested response to letter mailed to City
on January 27, 201 1 calling for dissolution of PBID.
" Mayor Pulido indicated that he and Councilmember Sarmiento have property
within the PBID, can take oral comments, but can't comment or vote.
Councilmember Martinez said that Council may take comments, but Brown Act
prohibits any action. Mayor Pro Tem Alvarez indicated that City Attorney's
Office would have answer on validity of petitions sent to all interested parties by
February 17tH
• Herb Rose (presented and read comments into the record by Art Lomeli) —
disestablish PBID and refund monies collected; opined that taxes reduce chance
for prospective business buyers in the area_
• Sam Romero — support dissolution of PBID; suggest that metered parking in
downtown should be charged until 2 a.m.; and City should explore possibility of
relocating carousel to French /4tH Streets.
AGENDA ITEM TAKEN OUT OF ORDER (ITEM 19H)
19H DONATION OF MERRY -GO -ROUND - Community Development Agency
Mayor Pro Tem Alvarez requested staff consider fixing if possible, have a
contest to paint and beautify the horses. Mayor Pulido added that City
may possibly request RFP's to have an operator.
MOT /ON: Authorize the acceptance of the donation of a merry -go-
round to the City of Santa Ana from the Fiesta Marketplace Partners.
CITY COUNCIL MINUTES 7 FEBRUARY 7, 2011
10A -7
MOTION: Alvarez SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC COMMENT (Cont.)
• Joaquin Avalos — urged Council to not support the contracting out of graffiti
services.
• Nina Jun —urged Council to dissolve PBID
• Kim McPeck —urged Council to make a decision on Item 25C (Graffiti).
• Steve McGuigan — spoke on Item 20A; supports park, but not multiple level
building by Rancho Santiago Community College District; asked staff to meet
with neighborhood before final decision made.
• Thomas Gordon — spoke on Item 25C; believe City not enforcing Graffiti
ordinance approved 2 years ago; not support contracting service.
AGENDA ITEM TAKEN OUT OF ORDER (ITEM 25C)
Continued from the December 20, 201 O City Council meeting by a vote of
6 -O (Sarmiento absent), from the January 4, 2011 City Council meeting by
a vote of 7 -O, and from the January 18, 2011 City Council meeting by a
vote of 6 -O (Bustamante absent).
Council discussion ensued. Councilmember Benavides noted that
contract will include abatement of graffiti at parks and all City buildings;
provided Amended Motion (as noted below). Councilmember Tinajero in
support of current program_ Councilmember Bustamante supports
contracting out of service because of color matching, cost efficiency, and 2
story abatement of graffiti. Mayor Pro Tem Alvarez asked Police Chief
Walters to answer questions posed by some members of the public.
Council thanked City crew currently working on graffiti abatement
program. Graffiti tracking software to be equal or better than current
system .
Councilmember Martinez directed City Manager to develop Local Hire
Policy.
CITY COUNCIL MINUTES
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FEBRUARY 7, 2011
Mayor Pulido called for the question on Substitute Motion as proposed by
Councilmember Sarmiento.
SUBST /TOTE MOT /ON: Maintain graffiti removal service program
status quo.
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Martinez, Sarmiento, Tinajero (3)
NOES: Alvarez, Benavides, Bustamante, Pulido (4)
ABSTAIN: None (0)
ABSENT: None (0)
Motion failed. Mayor Pulido called for the question on original Amended
Motion as proposed by Councilmember Benavides.
AMENDED MOT /ON:
1. Authorize the City Manager and Clerk of the Council to execute
the following agreement, subject to non - substantive changes
approved by the City Manager and City Attorney and /or actions as
noted on the Request for Council Action report.
2. Vendor to make every effort to hire local workers (i.e. Santa Ana
residents). Vendor to make a priority to recruit within the City and
to give priority to qualified Santa Ana residents.
3. Vendor to use Santa Ana -based businesses to purchase paint and
equipment.
4. Vendor to locate their operation to service the Santa Ana contract
out of a location within the City of Santa Ana.
MOTION: Benavides SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Pulido (4)
NOES: Martinez, Sarmiento, Tinajero (3)
ABSTAIN: None (0)
CITY COUNCIL MINUTES 9 FEBRUARY 7, 2011
10A -9
ABSENT: None (0)
CONSENT CALENDAR
MOT /ON: Approve Consent Calendar Items 10A through 31A with the
following modifications:
• Mayor Pro Tem Alvarez voted "No" on Item 19C;
• Councilmember Bustamante pulled item 25E for separate discussion; and
• Councilmember Martinez pulled item 19G for separate discussion.
MOTION: Alvarez SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADMINISTRATIVE MATTERS
MINUTES
10A REGULAR MEETING MINUTES OF JANUARY 18, 2011 -Clerk of the
Council Office
MOT /ON: Approve Minutes.
BOARDS /COMMISSIONS /COMMITTEES
13A COUNCIL COMMITTEE REPORTS
MOT /ON: Receive and file Public Safety Committee Minutes of
September 28, 2010.
13B REAPPOINTMENT OF WORKFORCE INVESTMENT BOARD
MEMBERS - Community Development Agency
10 FEBRUARY 7, 2011
10A -10
MOT /ON: Reappoint Brent Beasley, Maryann Conway, Patrick
Korthuis, Donna Lin, Georgina Maldonado, Lee McMurtray, Maryam
Nazeri, Robert Ruiz, Robert Tucker, and Andy Wadhera to the Santa
Ana Workforce Investment Board for four -year terms expiring March
31, 2015.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT —None
19B EXCUSED ABSENCES —None
19C DESTRUCTION OF OBSOLETE CITY RECORDS (City Manager's Office,
Community Development Agency, and Personnel Services) -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 QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31,
2010 - Finance &Management Services
MOT /ON: Receive and file.
19E QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY
MANAGER - Finance &Management Services
MOT /ON: Receive and file the Quarterly Report of Contracts entered
into between July 1, 2010 and September 30, 2010 valued at $25,000
and less.
19F REQUEST FOR PROPOSALS - ENVIRONMENTAL SERVICES FOR
ATHLETIC FIELD IMPROVEMENTS AT WILLARD INTERMEDIATE
SCHOOL - Planning and Building Agency
MOT /ON: Authorize a Request for Proposals to qualified consulting
firms to provide environmental services for proposed athletic field
improvements at Willard Intermediate School.
CITY COUNCIL MINUTES 11 FEBRUARY 7, 2011
10A -11
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MOTION: Martinez SECOND: Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
19H ITEM TAKEN OUT OF ORDER
BUDGETARY MATTERS
APPROPRIATION ADJUSTMENTS
20A ITEM TAKEN OUT OF ORDER
20B ITEM TAKEN OUT OF ORDER
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A SPEC. NO. 11 -001 - COMMVAULT PREMIER MAINTENANCE
RENEWAL - Finance &Management Services
MOT /ON: Award a contract to NTH Generation Computing, Inc. in an
amount not to exceed $31,600.
CITY COUNCIL MINUTES 12 FEBRUARY 7, 2011
10A -12
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 and /or
actions as noted on the Request for Council Action report. (Items
25A through 25D)
25A AGMT NO_ 2011 -029 - STEAM CLEANING SERVICES - With TSCM
Corporation for aone -year period, in an amount not to exceed $45,000 -
Community Development Agency
25B AGMT NO. 2011 -030 - INMATE FOOD SERVICES - Execute an
amendment with Aramark Correctional Services, Inc. in an amount not to
exceed $1 ,443,160 for aone -year term - Police Department
25C ITEM TAKEN OUT OF ORDER
25D AGMT NOS. 2011 -031 AND 032 - REHABILITATION OF WATER
WELLS - With Orange County Pump Company and Bakersfield Well
Pump Company in an annual aggregate amount not to exceed $300,000 -
Public Works Agency
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Councilmember Bustamante requested clarification of agreement from
Executive Director of Personnel 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 and /or
actions as noted on the Request for Council Action report.
AGMT NO. 2011 -033 -With the Service Employees International Union
(SEIU) representing part -time, non -civil service employees for athree -year
period covering July 1, 2010 through June 30, 2013 - Personnel Services
Agency
MOTION: Bustamante SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
CITY COUNCIL MINUTES
NOES: None (0)
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10A -13
FEBRUARY 7, 2011
ABSTAIN: None (0)
ABSENT: None (0)
LAND USE MATTERS
CONDITIONAL USE PERMITNARIANCES
31A CONDITIONAL USE PERMIT NO. 2010 -24 AND VARIANCE NO. 2010-
04 TO ALLOW THE CONSTRUCTION OF A NEW CHURCH WITH A
BELL TOWER THAT EXCEEDS THE ALLOWABLE HEIGHT LOCATED
IN THE SINGLE FAMILY RESIDENTIAL (R1) ZONING DISTRICT - 5321
WEST MCFADDEN AVENUE - FILED BY FOR CALVARY LUTHERAN
CHURCH - Planning and Building Agency
Recommended action approved by the Planning Commission on January
24, 201 1 , by a vote of 7 -O.
MOT /ON: Receive and file the staff report approving Conditional Use
Permit No. 2010 -24 as conditioned and Variance No. 2010 -04 as
conditioned.
"END OF CONSENT CALENDAR"'"
BUSINESS CALENDAR
RESOLUTIONS
55A LEAGUE OF CALIFORNIA CITIES HEALTHY EATING, ACTIVE LIVING
CITY -City Manager's Office
MOT /ON: Adopt a resolution.
RESOLUTION NO. 2011 -003 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO
ADOPT A POLICY ON HEALTHY EATING AND ACTIVE LIVING
MOTION: Martinez
VOTE: AYES
CITY COUNCIL MINUTES
SECOND: Alvarez
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
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10A -14
FEBRUARY 7, 20'1'1
ABSTAIN: None (0)
ABSENT: None (0)
55B ITEM TAKEN OUT OF ORDER
55C RESOLUTION SUPPORTING CITY'S APPLICATION FOR 2010/2011
CAL FIRE URBAN FORESTRY PROGRAM GRANTS - Public Works
Agency
MOT /ON: Adopt a resolution.
RESOLUTION NO. 2011 -004 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR
GRANT FUNDS UNDER THE URBAN FORESTRY GRANT PROGRAM
ENTITLED "AN URBAN FOREST FOR EVERY CITY ", AS PROVIDED
THROUGH PROPOSITIONS 40 AND 84
MOTION: Martinez SECOND: Alvarez
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
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 - 1600 EAST FIRST STREET; FILED BY
NABILE ANZ OF AZURE PLAZA PARTNERS, LLC - Planning and
Building Agency
CITY COUNCIL MINUTES 15 FEBRUARY 7, 20'I'1
10A -15
Continued from the October 4, 201 O City Council meeting by a vote of 7 -O
and from the December 6, 2010 City Council meeting by a vote of 5 -O
(Martinez and Pulido absent)_
Recommended Action approved by the Planning Commission on
September 13, 201 O, by a 7 -O vote.
Legal Notice published in the O.C. Reporter and notices mailed out on
September 24, 201 O and November 19, 201 O.
MOT /ON: Continue consideration of matter to the February 22, 2011
City Council Meeting.
MOTION: Sarmiento SECOND: Martinez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75B PUBLIC HEARING - ZONING ORDINANCE AMENDMENT NO. 2010 -03
TO REQUEST AN AMENDMENT TO CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE (SAMC) IN ORDER TO ESTABLISH A PROCESS
WHEREBY PERSONS WITH DISABILITIES MAY REQUEST
DEVIATIONS FROM THE CITY'S DEVELOPMENT STANDARDS IN
ORDER TO ENSURE THAT THEY MAY HAVE EQUAL OPPORTUNITY
TO USE AND ENJOY A DWELLING; FILED BY THE CITY OF SANTA
ANA - Planning and Building Agency
Recommended Action approved by the Planning Commission on January
24, 2011 by a 7 -O vote.
Legal Notice published in the O.C. Reporter on January 28, 2011.
Staff Report presented by Jay Trevino, Executive Director of Planning and
Building Agency.
The Mayor opened the Public Hearing at 9:14 p.m. Christie Rudder
representing Dayle McIntosh Center spoke in support of action. The
Hearing closed with no other members of the public speaking on the
matter.
CITY COUNCIL MINUTES 16 FEBRUARY 7, 2011
10A -16
75C
MOT /ON: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS -2813 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE ADDING A PROCEDURE FOR
PEOPLE WITH DISABILITIES TO REQUEST REASONABLE
ACCOMMODATIONS TO ENSURE EQUAL ACCESS TO HOUSING
MOTION: Alvarez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARING - ORDINANCE TEMPORARILY DEFERRING
COLLECTION OF DEVELOPMENT IMPACT FEES - Planning and
Building Agency
Legal Notice published in the O_C. Reporter on January 21 , 201 1 .
Staff Report presented by Jay Trevino, Executive Director of Planning and
Building Agency.
The Mayor opened the Public Hearing at 9:17 p.m. There were no
speakers and the Hearing closed.
MOT /ON: Place ordinance on first reading and authorize publication
of title.
ORDINANCE NO. NS -2814 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO TEMPORARILY SUPERSEDE
CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL CODE AND
TO PERMIT DEVELOPERS TO DEFER PAYMENT OF CERTAIN
DEVELOPMENT IMPACT FEES
MOTION: Alvarez SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
CITY COUNCIL MINUTES
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FEBRUARY 7, 20't1
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
None (0)
THE CITY COUNCIL RECESSED AT 9:25 P.M. TO THE COMMUNITY
REDEVELOPMENT COMMISSION, FOLLOWED BY THE HOUSING AUTHORITY
MEETING AND RECONVENED AT 9:27 P.M. WITH SAME MEMBERS PRESENT.
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COMMENTS
CITY MANAGER'S COMMENTS —None
CITY COUNCILMEMBER COMMENTS
Councilmember Sarmiento:
• Thanked all who attended and spoke at tonight's Council Meeting;
• State uncertain with budget, redevelopment funds;
• Congratulated Executive Director of Parks and Recreation on
Flower Street Bike Trail grant; and
• Wished wife a Happy Valentine's Day.
Councilmember Martinez:
• Happy Valentine's Day to all
• Wished retiring Deputy City Manager for Development Services
Cindy Nelson well wishes and thanked her for her service to the
City;
• Invited all to attend the "Nets for Life" event at Adams Park on
Sunday, February 12�h at 10 a.m.
• Invited all to attend the ArtWalk event to be held over the weekend;
• Need to increase shopping in the Downtown area when hosting
special events; and
• Thanked colleagues for working together for the betterment of the
community.
Councilmember Bustamante:
• Congratulated Cindy Nelson on her retirement; and
• Wished all a Happy Valentine's Day.
Councilmember Tinajero:
CITY COUNCIL MINUTES 18 FEBRUARY 7, 2011
10A -18
Baseball having opening ceremonies in the coming weeks —
offering scholarships and payment plans for families;
Happy Valentine's Day; and
Congratulated wife, Jennifer Tinajero, who received the George
Hoag Award by her employer Hoag Hospital.
Councilmember Benavides:
• Echoed comments and well wishes for Cindy Nelson, Deputy City
Manager for Development Services;
• Streets in Mid -City area need to be repaired by contractor
• Asked staff to expedite the report on the PBID.
Mayor Pro Tem Alvarez:
• Attended ArtWalk in Downtown over the weekend; impressed with
new Lofts that have already sold 3 units in the undeveloped phase;
thanked Downtown Inc. for efforts;
• Attended Chinese New Year celebrated at Tet Festival; holiday
offers opportunity for renewed new year's resolutions;
• February will be celebrating Black History Month;
• Encouraged all to learn about our history during the month of
February - U.S. President Ronald Reagan celebrating 100tH
birthday; and
• Wished all a Happy Valentine's Day.
Mayor Pulido:
• Attended festivities at Tet Festival; Santa Ana has a large
Vietnamese community;
• Wished all a Happy Valentine's Day; and
• Adjourned in Memory of Gregg Wiles.
ADJOURNMENT — 9:45 P.M. -The next meeting of the City Council is scheduled for
Tuesday, February 22, 2011 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting in the Police Community Room, 60 Civic Center Plaza,
Santa Ana, California.
In Memory of
Gregg Richard Wiles
Maria D. Huizar,
Clerk of the Council
CITY COUNCIL MINUTES 19 FEBRUARY 7, 2011
10A -19
10A -20
(ROH - 02/07/11)
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 41 OF
THE SANTA ANA MUNICIPAL CODE ADDING A
PROCEDURE FOR PEOPLE WITH DISABILITIES
TO REQUEST REASONABLE ACCOMMODATIONS
TO ENSURE EQUAL ACCESS TO HOUSING
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. Individuals with disabilities should be provided equal opportunity to
the use and enjoyment of a dwelling. To that end, the City's rules
and policies should provide for reasonable accommodations so as
not to unfairly hinder such access and enjoyment.
B. The state Fair Employment and Housing Act and the federal Fair
Housing Act make it unlawful to refuse to make reasonable
accommodations in the rules, policies, practices, or services, when
such accommodations may be necessary to afford persons with
disabilities equal opportunity to use and enjoy a dwelling. This has
been interpreted by the courts to apply to local government
agencies.
C. A procedure to grant reasonable accommodations to the City's
rules, policies and practices shall be established.
D. It is the policy of the City, pursuant to the Federal Fair Housing
Amendments Act of 1988 and the California Fair Employment and
Housing Act, to provide individuals with disabilities reasonable
accommodation in rules, policies, practices and procedures to ensure
equal access to housing and facilitate the development of housing for
individuals with disabilities. This ordinance establishes a procedure
for making requests for reasonable accommodation in land use,
zoning, and building regulations, policies, practices, and procedures
of the City to comply fully with the intent and purpose of the Acts.
E. The Request for Council Action for this ordinance dated February 7,
2011, shall by this reference be incorporated herein, and together
with this ordinance, any amendments or supplements and the oral
11 A -1
testimony before the City Council at this meeting, shall additionally
constitute the necessary findings for this ordinance.
F. 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 41-49 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41-49. Disabled Person.
For purposes of the reasonable accommodation process detailed in
Sections 41 -652, et seq., any person who has a medical condition, physical
disability, or mental impairment that substantially limits one or more major life
activities; anyone who is regarded as having such impairment; or, anyone who has
a record of such impairment. People who are currently using illegal substances are
not covered unless they have a separate disability.
Section 3. Section 41 -141 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41 -141. Reasonable Accommodation.
A modification or exception to the standards, regulations, policies, and
procedures contained in this title for the siting, development, and use of housing or
housing - related facilities, that would eliminate regulatory barriers and provide an
individual with a disability equal opportunity for the use and enjoyment of housing of
their choice, and that does not impose undue financial or administrative burdens on
the City or require a fundamental or substantial alteration of the City's planning and
zoning programs.
Section 4. Section 41 -652 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41 -652. Reasonable Accommodation — Application Process.
(a) Notice to the public of availability of accommodation process. The
Agency shall prominently display in both City Hall and the Planning and Building
Agency a notice advising those with disabilities or their representatives that they
may request a reasonable accommodation in accordance with the procedures
established in this Division.
Ordinance No. NS -XXX
11 A -2 Page 2 of 7
(b) Applicability. To make specific housing available to an individual with
a disability, any person may request reasonable accommodation under this division
to modify a land use or zoning standard, regulation, policy, and procedure of the
City as may be necessary to afford the individual with a disability equal opportunity
to the use and enjoyment of their dwelling. A request for reasonable
accommodation shall be made by filing an application under this section.
(c) Application. An application for reasonable accommodation shall be
submitted on a form prescribed by the Executive Director of the Planning and
Building Agency, or in the form of a letter addressed to the Executive Director.
(d) Privacy. Any information related to a disability status and identified by
an applicant as confidential shall be retained in a manner so as to respect the
privacy rights of the applicant and shall not be made available for public inspection.
(e) Assistance. If an individual needs assistance in making the request
for reasonable accommodation, the city will provide assistance to ensure that the
process is accessible.
(f) Timing. A request for reasonable accommodation may be filed at any
time that the accommodation may be necessary to ensure equal access to housing.
A reasonable accommodation does not affect an individual's obligations to comply
with other applicable regulations not at issue in the requested accommodation.
(g) Filing Fees. There shall be no fee imposed in connection with a
request for reasonable accommodation under the provisions of this Division.
Section 5. Section 41 -653 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41 -653. Reasonable Accommodation — Review.
(a) Executive Director Review. An application for reasonable
accommodation shall be reviewed by the Executive Director of the Planning and
Building Agency, or his or her designee, as appropriate.
(b) Decision. Within sixty (60) days of acceptance of the application as
complete, the Executive Director shall issue a written decision to grant, grant with
modifications, or deny an application for reasonable accommodation in accordance
with Section 41 -654 and shall notify the applicant of the decision. The written
decision shall explain in detail the basis of the decision, including the Executive
Director's findings on the factors stated in Section 41 -654. If necessary to reach a
determination on the request for reasonable accommodation, the Executive
Director may request additional information from the applicant consistent with The
Fair Housing Amendments Act of 1988 and the California Fair Employment and
Housing Act, specifying in detail the information that is required. If a request for
Ordinance No. NS -XXX
11 A -3 Page 3 of 7
additional information is made, the sixty (60) day period to issue a decision is
stayed until the applicant responds to the request.
(c) Referral to Other Reviewing Authority. The Executive Director shall
have the authority, upon his or her sole discretion, to refer any reasonable
accommodation application to any other reviewing authority, including, but not
limited to, the Planning Commission, the Zoning Administrator, or the Historic
Resources Commission, to review the reasonable accommodation application and
make a determination on the same in accordance with the applicable Sections.
Section 6. Section 41 -654 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41 -654. Reasonable Accommodation — Standards.
(a) Findings. The decision to grant, grant with modifications, or deny an
application for reasonable accommodation shall be based on a finding of
consistency with the Acts and shall take into consideration all of the following
factors:
1. Whether the housing or housing related facilities, which are the
subject of the request, will be used by an individual with a disability
under the Acts.
2. Whether the request for reasonable accommodation is necessary to
make specific housing available to an individual with a disability under
the Acts.
3. Whether the requested reasonable accommodation would impose an
undue financial or administrative burden on the city.
4. Whether the requested reasonable accommodation would require a
fundamental alteration in the nature of a city program or law,
including but not limited to land use and zoning.
5. Whether the requested reasonable accommodation would be
contrary to the public health, safety, or welfare, or be injurious to the
property or improvements of adjacent properties.
6. Whether the requested reasonable accommodation adequately
considers the physical attributes of the property and structures.
7. Whether alternative reasonable accommodations could provide an
equivalent level of benefit.
Ordinance No. NS -XXX
11 A -4 Page 4 of 7
8. Whether the property is in compliance with the then existing laws and
regulations otherwise applicable to the property that is the subject of
the request. If any non - compliance is through no fault of the
applicant or unrelated to the request for reasonable accommodation,
the Executive Director may waive this requirement. However, such a
waiver shall not preclude the City from requiring that the existing
violations be corrected in accordance with the Santa Ana Municipal
Code.
(b) Conditions of Approval. In granting a request for reasonable
accommodation, the Executive Director of the Planning and Building Agency may
impose any conditions of approval deemed reasonable and necessary to ensure
that the reasonable accommodation will comply with the findings required by this
section. Conditions may be imposed to ensure that any removable structures or
physical design features that are constructed or installed in association with the
reasonable accommodation be removed once those structures or physical design
features are unnecessary to afford the individual with a disability for whom the
reasonable accommodation was granted the use and enjoyment of the dwelling.
(c) Restrictive Covenant. When applicable, the City shall enter into a
restrictive covenant with the owner of the property which provides that prior to any
sale, transfer, lease or other conveyance of the property, or at the time the need for
the reasonable accommodation is no longer necessary, that the owner of the
property shall bring the property into conformance with the City's zoning code to the
extent that relief was provided under the zoning code as part of the request for
reasonable accommodation. The restrictive covenant shall be recorded against the
property being granted the reasonable accommodation. The restrictive covenant
shall provide that the reasonable accommodation does not run with the land and
shall terminate upon any sale, transfer, lease or other conveyance of the property.
Upon submittal of a new application for a successor in interest to the property, the
Executive Director may consider a continuation of the reasonable accommodation if
it is consistent with and does not extend the original approval.
Section 7. Section 41 -655 is added to Chapter 41 of the Santa Ana
Municipal Code to read in full as follows:
Sec. 41 -655. Reasonable Accommodation — Miscellaneous Provisions.
(a) Time Extension; Voidance; Revocation. Any reasonable
accommodation approved in accordance with the terms of this Article may be
extended, voided, or revoked for the same reasons and in the same manner as a
conditional use permit, as detailed in Article V of this Chapter, or for any violations
of this Article, or for any violations of the terms and conditions of the reasonable
accommodation, or if any law is violated in connection with the use of the
reasonable accommodation.
Ordinance No. NS -XXX
11 A -5 Page 5 of 7
(b) Resubmittal of Applications. No request for reasonable
accommodation that has been denied in whole or in part shall be filed again within
six (6) months from the date of such denial except upon proof of changed
conditions or by permission of the Executive Director of the Planning and Building
Agency.
(c) Modifications. A request to modify an approved reasonable
accommodation shall be treated as a new application, unless in the opinion of the
Executive Director the requested modification results in only a minor change, is
within the authority of the Executive Director to approve, and is consistent with the
original approval.
(d) Appeals. The applicant requesting the accommodation may appeal
an adverse determination or any conditions or limitations imposed in the written
determination as provided in Chapter 3 of this Code.
Section 16. 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 .2011
APPROVED AS TO FORM:
Joseph Straka, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
Miguel A. Pulido
Mayor
Ordinance No. NS -XXX
11 A -6 Page 6 of 7
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
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
Ordinance No. NS -XXX
11 A -7 Page 7 of 7
'i
(ROH 02/07/11)
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA TO TEMPORARILY SUPERSEDE
CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL
CODE AND TO PERMIT DEVELOPERS TO DEFER
PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Mitigation Fee Act (Government Code section 66000, et seq.)
authorizes the City to adopt and regulate monetary exactions for the
purpose of defraying all or a portion of the public facility costs relating to a
development project. The development impact fees are charged as a
condition of approval and are used to alleviate the effects of development
on the community by financing public improvements, services, or
programs that bear a reasonable relationship to the development.
Virtually all California cities, including Santa Ana, require applicants to pay
mitigation fees as a precondition to issuing a building permit. The City
may determine when such fees are to be paid.
B. The City relies on new development to stimulate the local economy and to
provide direct and indirect benefits to its residents and business by
creating construction jobs, new market -rate and affordable housing, and
new tax -base revenues for the City.
C. This ordinance is intended to alleviate certain barriers to development, in
light of the challenges facing the development industry in a fluctuating
market economy, by allowing eligible project applicants to defer certain
development impact fees.
D. The Request for Council Action for this ordinance dated
2011, shall by this reference be incorporated herein, and together
with this ordinance, any amendments or supplements and the oral
testimony before the City Council at this meeting, shall additionally
constitute the necessary findings for this ordinance.
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
Ordinance No. NS -XXX
Page 1 of 6
11B-1
of the City Charter. 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. Definitions. The following words and phrases are defined for
purposes of this ordinance as follows:
"Applicant" means the owner or owners of record of the real property for which a
fee deferral is sought pursuant to this ordinance.
"Code" means the Santa Ana Municipal Code.
"Executive Director" means the Executive Director of the Planning and Building
Agency of the City.
"Eligible Applicant" means an Applicant meeting the Eligibility Criteria for deferral of
impact fees.
"Eligibility Criteria" means an objective standard established by the Executive
Director with concurrence of the City Manger, which may be amended from time to time as
deemed necessary, used to determine appropriateness for incentives under this Chapter.
"Fee Deferral Agreement" means an agreement, including a deed of trust, by and
between the Applicant and the City in a form acceptable to the City Attorney, which is a
prerequisite requirement for approval for any fee deferral under this ordinance. The Fee
Deferral Agreement shall include provision for the payment of the City's reasonable costs
in preparing.
"Nonresidential" means (a) those commercial business activities which are
permitted or allowed in the C1, C2, C4, or C5, or in commercial CR, SP or SD zoning
districts as set forth in Title 41 of this Code, or (b) those industrial business activities which
are permitted or allowed in the M1 or M2 zoning districts as set forth in Chapter 41 of this
Code.
"Subject Property" means the real property owned by the Applicant subject to the
Fee Deferral Agreement.
"Residential" means those activities which are permitted or allowed in the RE, R1,
R2, R3, R4, PD, or in residential CR, SP or SD zoning districts, as set forth in section 41-
143 of this Code, and includes a live -work community as set forth in section 41 -101.5 of
the Code.
Ordinance No. NS -XXX
Page 2 of 6
11 B -2
Section 3. Deferral of Development Impact Fees for Residential and
Nonresidential projects.
A. Notwithstanding any other provisions of this Code, some or all of the
development impact fees imposed on new Residential or Nonresidential buildings and
structures located in the City may, upon application by an Eligible Applicant and approval
of the Executive Director, be deferred subject to the provisions set forth below. Fees
eligible to be deferred shall be:
• Parks Acquisition and Development Fee
• Drainage Area Master Plan Fee
• Transportation System Improvement Fee (TSIP)
• Major Thoroughfare and Bridge Fee (to the extent, if any, it is both collected and
retained by the City)
• Fire Facilities Fee
• Sewer Connection Fee
B. Prior to the City's consideration of an application for deferral of impact fees,
the Applicant shall provide to the Executive Director, at the Applicant's sole cost and
expense, a current preliminary title report on the Subject Property.
C. No deferral shall be effective until the Applicant provides security to the City
in the form of a Fee Deferral Agreement as set forth in section 4 of this ordinance,
approved by the City Manager and in a form acceptable to the City Attorney.
D. The maximum deferral period shall be:
1. Prior to the final inspection or issuance of a temporary certificate of
occupancy or final certificate of occupancy for the new building or structure on the Subject
Property, whichever comes first, or
2. One (1) year from the date of issuance of the building permit for the
Subject Property.
E. Notwithstanding any provision to the contrary, the deferred impact fees not
paid at the time of building permit shall be subject to:
1. Interest on unpaid fees at the annual rate of interest which the City
earns on its investment of pooled funds shall accrue from the date of issuance of the initial
building permit until the deferred impact fees and all accrued interest is paid, and
2. An additional up -front charge shall be added to the unpaid amount to
cover the administrative costs incurred in processing the fee deferral application and
administering the fee deferral program.
Ordinance No. NS -XXX
Page 3 of 6
11 B -3
Section 4. Form of Security for Unpaid Development Impact Fees.
A. As a condition of the deferral, the City shall require the property owner, or
lessee if the lessee's interest is of record, to execute prior to and as a condition of
issuance of a building permit, a Fee Deferral Agreement, which shall provide that the
deferred development impact fees shall be paid within the time set forth in section 4.D. of
this ordinance, and secured by an obligation that shall inure to the benefit of, and be
enforceable by the City, evidenced by either:
1. a senior, unsubordinated recorded lien on the Subject Property which
shall be enforced against successors in interest to the property owner or lessee,
releasable when the obligation is paid in full, which shall in the case of a Residential
project include requirement for an escrow instruction providing for payment out of escrow
from sale proceeds of the deferred fees prior to disbursing proceeds to the seller, or, at the
Applicant's option,
2. an irrevocable letter of credit from the Applicant in a form approved
by the City Attorney, which shall be releasable when the obligation is paid in full.
B. The payment of such development impact fees shall be deemed a debt due
and owing to the City at such time as set forth herein, which debt shall only be deemed
satisfied and discharged upon payment in full to the City. The City may pursue collection
through all available legal and administrative means including, but shall not be limited to,
judicial or non judicial foreclosure of the recorded lien against the Subject Property, a
demand upon the irrevocable letter of credit, and /or civil judgment against the Applicant for
breach of the Fee Deferral Agreement and /or the security provided hereunder.
Section 5. Applicability.
This ordinance and the incentives derived hereunder shall apply only to new
development projects that have not obtained a building permit from the City at the time this
ordinance is adopted by the City Council. This ordinance shall remain in effect for twelve
(12) months from the adoption date, and as of that date is repealed unless a City Council
adopts a further ordinance of resolution to extend that sunset date for an additional period
not to exceed twelve (12) months.
Section 6. Ordinance to Operate Exclusively.
Except as set forth in this ordinance, all other provisions of the Code shall remain in
full force and effect. Nothing contained in this ordinance is deemed to authorize or permit
the deferral of payment of any fee or charge imposed upon Residential or Nonresidential
development in the City except for those development impact fees expressly set forth in
section 2 above.
Ordinance No. NS -XXX
Page 4 of 6
11 B -4
Section 7. Severability.
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
APPROVED AS TO FORM:
Joseph Straka, City Attorney
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
2011.
Miguel A. Pulido
Mayor
11 B -5
Ordinance No. NS -XXX
Page 5 of 6
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
��
Ordinance No. NS -XXX
Page 6 of 6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
REQUEST FOR PROPOSALS FOR
PROVIDING PARK LANDSCAPE
MAINTENANCE SERVICES
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the Parks, Recreation and Community Services Agency to issue a Request for
Proposals (RFP) to qualified companies to provide landscape maintenance services at City parks
bike trails, and various City properties.
DISCUSSION
The Parks, Recreation and Community Services Agency ( PRCSA) currently contracts with five
landscape maintenance companies to provide landscape maintenance services at all City parks,
bike trails, and various City properties. Staff has been working with our landscape maintenance
contractors to refine the landscape specification to reduce costs while still providing the high level
of landscape maintenance that the community enjoys. The Request for Proposals (RFP) will allow
PRCSA to reduce future maintenance costs and improve inspection efficiencies by grouping
properties in tighter geographic areas by contractor.
The Request for Proposals (Exhibit 1) will solicit proposals from landscape maintenance
companies for the maintenance of all four park maintenance districts and District A, which includes
the Civic Center, Stadium, and the Regional Transportation Center. The RFP will be sent to all five
existing PRCSA contractors, contractors registered with the City's Purchasing Division, and local
landscape companies. The recommended landscape maintenance companies will be submitted
for City Council authorization after the review of proposals has been completed.
19C -1
Landscape Maintenance RFP
February 22, 2011
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
r,
Gerardo Mouet
Executive Director
Parks, Rec. and Com. Svcs. Agency
Exhibit 1: RFP Scope of Work
19C -2
REQUEST FOR PROPOSALS
RFP 11 -004 PRCSA
FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES FOR CITY PARKS
KEY RFP DATES:
Issue Date:
Pre - proposal Conference:
Proposal Due Date:
March 10, 2011
March 22, 2011
April 12, 2011
19C -3
Exhibit 1
REQUEST FOR PROPOSAL
Notice is hereby given that sealed proposals will be accepted for providing park landscape
maintenance services for the City of Santa Ana, at the Parks, Recreation and Community Services
Agency, Budget and Accounting Section, 26 Civic Center Plaza. 2 "d Floor, Santa Ana, California,
92701 until 4:30 p.m., April 12, 2011. If further information is required, please contact Robert Carroll,
via email at rcarroll @santa - ana.org.
Mailed proposals should be addressed as follows:
Parks, Recreation and Community Services Agency
Budget and Accounting Section M -23
P.O. Box 1988
Santa Ana, CA 92702
Attn: Robert Carroll
or delivery by hand or courier to:
Parks, Recreation and Community Services Agency
Budget and Accounting Section M -23
26 Civic Center Plaza. 2 "d Floor
Santa Ana, CA 92701
Attn: Robert Carroll
It is the responsibility of the company submitting a proposal to see that any proposal submitted shall
have sufficient time to be received by the Budget and Accounting Section prior to proposal due date
and time. Late proposals will be returned to the contractor unopened. The receiving time in the
Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic,
telephonic and facsimile proposals will not be accepted.
2
19C -4
I. REQUEST FOR PROPOSAL TERMS
A. PROPOSAL SUBMISSIONS
Proposals must be submitted to the Budget and Accounting Section in a sealed envelope
labeled with, the name of the company, RFP NO. 11 -004 and the proposal due date and time.
An authorized representative of the contractor must sign the proposal.
B. PROPOSAL WITHDRAWAL
Proposals may be withdrawn by written request received before the hour set for the opening.
After that time, the contractor may not withdraw proposals for a period of ninety (90) days
from the date of the opening.
C. LATE PROPOSALS
It is the responsibility of the contractor to see that any proposal submitted shall have sufficient
time to be received by the Budget and Accounting Section prior to the proposal due date and
time. The City shall not be responsible for proposals lost or delayed in the mail. Late
proposals will be returned to the contractor unopened.
D. REQUIRED DOCUMENTS
Contractor must return the following completed documents with their proposal:
• Detailed proposal of services in accordance with the specifications detailed in Exhibit A.
Proposal should include a business plan specifying the resources the contractor will
dedicate to this agreement, including a detailed organizational chart depicting the
organization's hierarchy and each position and number of positions by job classification,
who they report to, different crews, etc. The organizational chart should also depict the ball
diamond infield sub - contractors organizational structure, number of Santa Ana crews,
number of employees, etc. The proposer's business plan should also explain why your
company's organizational structure and number of resources will best be able to improve
the quality of Santa Ana parks.
• The proposal should take into consideration the evaluation criteria included in Section III
and should not exceed 20 pages.
• Proposals should include job qualifications of key contract staff including general manager,
superintendent, supervisor, irrigation specialists, pesticide operators, and lead maintenance
workers.
• Completed Contractor's References form (Section IV);
• Completed Proposal Summary and Deviations from Specifications form (Section V);
• Signed Proposal Form (Section VI);
• Exhibits B, C and D are for reference only, but will be required when a contract is awarded.
Contractor must submit one original and eight (8) photocopies of each proposal offered.
E. 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.
F. AGREEMENT
Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana.
The City reserves the right to enter into an agreement with any, all, or none of the contractors
3
19C -5
for a one -year period, with the option of extending the agreement for four additional one -year
terms.
G. SELL OR ASSIGN
The successful contractor shall not have the right to sell, assign, or transfer any obligations
resulting from this proposal without the specific written consent of the City.
H. RECEIVING TIME
The receiving time in the Budget and Accounting Section will be the governing time for
acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be
accepted.
I. COMPLIANCE WITH LAWS
All proposals shall comply with current federal, state, and other laws relative thereto.
Contractor further agrees that the services proposed comply with all applicable Federal and
State Occupational Safety and Health laws, standards for regulations, and that contractor will
indemnify and hold the City harmless for any failure to conform.
J. REFERENCE TO SUCCESSFUL CONTRACTOR
The terms vendor, supplier, proposer or contractor may be used interchangeably in these
specifications and shall refer exclusively to the contractor(s) with whom the City enters into a
contract.
K. INQUIRIES
Refer inquiries via e -mail to Robert Carroll, rcarroll @ santa- ana.org.
L. E -MAIL COMMUNICATIONS
To facilitate the request for proposal process, contractors are required to monitor and respond
to e-mail requests on a daily basis.
M. PRE- PROPOSAL CONFERENCE AND JOB WALK
A pre - proposal conference and job walk will be held at 8:30 a.m. on Tuesday, March 22,
2011 in the Main Library, Meeting Room A, 26 Civic Center Drive, 2nd Floor, Santa Ana, CA.
The pre - proposal conference will last approximately one hour. Immediately following the pre -
proposal conference, staff will conduct a job walk to view key park locations. One follow -up
job walk may be scheduled, if necessary, to address questions submitted via e-mail. Please
RSVP to Robert Carroll, (714) 571 -4218, by March 17. All proposers are strongly
encouraged to attend.
N. PRE- QUALIFICATION PROCESS
In addition to submitting all documentation required in this request for proposal, contractors
shall also be required to demonstrate their ability to successfully perform the type of
maintenance work contemplated by this request for proposal, including but not limited to
providing an adequate number of staff, suitable equipment and materials. The contractor shall
be prepared to introduce key staff assigned to carry out the work detailed in the specifications
Exhibit A. Contractor shall also present the contractor's business plan, including the
organizational chart, and prove how the company is the best qualified for this agreement.
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19C -6
O. SURETY BONDS
Each proposal must be accompanied by a bid bond or a cashier's/ certified check payable to the
City of Santa Ana, in an amount not less than ten percent (10 %) of the annual contract price, as
a guarantee that the contractor who submits the successful proposal will enter into the proposed
contract if the same is awarded to him. The successful proposer will also be required to submit
a payment bond an amount not less than fifty percent (50 %) of the annual contract price. These
bonds can be broken down by district and only need to be submitted for the districts you are
applying for.
P. REVIEW OF JOB SITE
The Contractor shall be held responsible for carefully reviewing the sites and maps and
verifying all areas of work, prior to proposal submittal.
II. SCOPE
The City is interested in receiving proposals from contractors for providing park landscape services at
the 60 parks and facilities listed in Exhibit F. The detailed specification included as Exhibit A
describes the quality of work that is expected from the contractor. The City reserves the right to
contract with any, all, or none of the contractors who submit base proposals and/or alternate proposals,
and reserves the right to enter into only one agreement with a single contractor.
REQUIRED SUB - CONTRACTORS
Contractor shall enter into separate agreements with one of contractors listed below. These sub-
contractors shall perform specialized maintenance in accordance with the specifications detailed in the
referenced Attachments.
Baseball /Softball Infield Maintenance — Attachment 1
• Major League Softball
621 E. Walnut Ave.
Burbank, CA 91501
(818) 559 -8787 office
• Professional Sports Field Maintenance, Inc.
23 Emerald Glen
Laguna Niguel, CA 92677
Phone: (949) 661 -0493
Contractor may enter into a separate agreement with an irrigation management and repair company.
This contractor shall perform irrigation management and repair maintenance in accordance with the
specifications detailed in Exhibit A.
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19C -7
III. EVALUATION OF PROPOSALS
The response to this Request for Proposal should contain documentation of contractor's credentials and
expertise in this field. Consideration will be given to contractors with demonstrable and documented
experience in similar work. An evaluation committee will review the responses received and interview
the companies who submit the most responsive proposals. The following evaluation criteria and
weights will be used to evaluate the bids:
Capability and Experience of Contractor (25 %)
1. Ability of contractor and his/her ball diamond infield maintenance sub - contractor to obtain the
staff and equipment necessary to perform specifications as outlined in the contractor's business
plan
2. Ability to provide certified irrigation techs on this job.
3. Training and safety precautions taken to perform specifications
4. Experience of supervisory and management staff assigned to the contract
Past Performances (25 %)
1. Past record of performance on contracts of similar size and scope with Santa Ana or other
governmental agencies including such factors as reliability, adherence to specifications and
compliance with contract terms and conditions.
2. Past record of performance on requests for extra work, including ability to accurately bid jobs,
cost competitiveness, and quality of work
3. Acceptable, verifiable references and site reviews
Cost of Proposal (50 %)
1. Cost of base proposal
2. Cost of specialized services
FOLLOW -UP OF EVALUATION PROCESS BY CONTRACTOR
Contractors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email
at rcarroll @santa- ana.org.
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19C -8
IV. CONTRACTOR'S REFERENCES
These sheets must be completed in full and returned with contractor's proposal.
List and fully describe three contracts performed by your company, which demonstrate your ability to
provide services in accordance with the specifications included in this RFP. Attach additional pages if
necessary. The City reserves the right to contact each of the references listed for additional
information regarding your company's qualifications.
Customer Name:
Address:
Contract Amount:
Reference No. 1
Contact Individual:
Phone Number:
Year:
Description of equipment and services provided:
Customer Name:
Address:
Contract Amount:
Reference No. 2
Contact Individual:
Phone Number:
Year:
Description of equipment and services provided:
Customer Name:
Address:
Contract Amount:
Reference No. 3
Contact Individual:
Phone Number:
Year:
Description of equipment and services provided:
19C -9
V. PROPOSAL FORM
The undersigned contractor agrees to provide park landscape maintenance services in accordance with
the specifications. I /We have stated herein the services and fees that I /we will furnish and deliver as
specified. Award shall be based upon the evaluation criteria included in Section III. Where there is a
discrepancy between words and figures, words shall govern.
The City of Santa Ana reserves the right to cancel any agreement in the event that terms of this
agreement are violated.
Name of Contractor
(Person, Firm, Corp.)
Address
Address
Telephone Number
s
19C -10
Signature of Authorized Rep.
Name and Title (Please Print)
Date
E -Mail Address
EXHIBIT A
SPECIFICATION FOR ROUTINE MAINTENANCE
I. GENERAL CONDITIONS
A. FUNCTIONS AND RESPONSIBILITIES
1. City - Director's Authority
The Director is the only person authorized to direct changes in any of the requirements
under the Agreement and, not withstanding any provisions contained elsewhere in the
Agreement, and said authority remains solely in the Director. In the event that the
Contractor effects any such changes at the direction of any person other than the
Director, the changes will be considered to have been made without authority and solely
at the risk of the Contractor. In addition, the Director shall have the authority to
accept/reject materials, workmanship and to make changes in work or schedule, when
the City determines that no extra costs are involved.
The intent of these specifications is known by the City of Santa Ana. Any questions
relating to the interpretation of these specifications must be addressed, in writing, prior
to the start of work. When the performance of the work or completion per schedule is
determined to be sub - standard, the director may recommend that all or a portion of
payment be withheld. Payment to be withheld shall be deducted from the next monthly
payment due, or if the amount is insufficient to cover payment, the Contractor shall be
liable for said deficiency and will be billed accordingly.
The Director, or his authorized representative shall decide all questions, which may
arise as to the manner of performance and completion per schedule, acceptable
fulfillment of the Agreement by the Contractor, interpretation of the specifications, and
compensation, including completion of work by alternate sources.
2. Contractor
a) Local Office
The Contractor shall maintain a physical office within the 714 area code (local
office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00
p.m. with a company representative present at all times. Answering services or
mobile telephones will not be considered a local office.
b) Submittals
Prior to performing, and by the first of every month thereafter, Contractor shall
submit to the Director for approval: 1) a detailed annual, monthly and weekly
work schedule; 2) time sheets of employees assigned to the contract areas; 3)
names and titles of all persons working on the project and their qualifications; 4)
and equipment, materials and/or chemicals to be used on the project. The
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19C -11
information contained in the above referenced documents shall be updated with
any new information as changes occur. The Director shall be immediately
notified of any changes to the above information.
c) Uniforms and Vehicle Identification
The Contractor shall provide to all field personnel a standard uniform including
but not limited to uniform company hats, collared work shirts, pants, jackets,
vests and ANSI approved safety shoes. All uniforms will be marked with some
form of company logo or other form of identification.
All vehicles and equipment on the project site shall be in operable and working
condition, clean appearance without visible damage, dirt graffiti etc. In
addition, all vehicles shall have the company's name clearly identified on the
right and left side doors.
B. SAFETY REQUIREMENTS
All work performed under this contract shall be completed with maximum safety as the
priority above all other requirements. In the event unsafe work is observed by City staff or
otherwise reported, the Director may at his discretion order Contractor to stop performing
and pay all costs and or damages resulting from the delay.
C. SAFETY NOTIFICATION
If Contractor identifies a potential safety issue, Contractor shall:
1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution
Tape" and "A" frame barricades or equal substitute around the condition.
2. Notify the Director of the condition first by phone and then in writing (e -mail is
acceptable) including digital photographs of the potential safety concern. Once the
Contractor has notified the City and the public of the condition, as specified above,
Contractor shall have no further responsibility regarding the condition.
D. UNDERGROUND ALERT SYSTEMS
Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48 -hours
in advance prior to any excavation work. .
E. PROPERTY DAMAGE
Any damage to private property caused by Contractor shall be immediately reported to the
property owner. Contractors shall pay for any damage caused to private property in
performing this agreement.
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19C -12
F. ACCESS TO PRIVATE PROPERTY
Prior to any work involving private property, the Contractor shall notify the City of the
proposed work and obtain all necessary permits and /or consent required from City and/or
property owner.
G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall protect City and/or private property adjacent to work areas including
sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls,
sidewalks, street paving, etc., located on either public or private property. Contractor shall,
at its expense, replace any property that is removed or damaged, other than property pre -
approved for removal.
Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment
6).
H. TRAFFIC CONTROL
The Contractor will not interrupt traffic flow on City streets. In situations where it is
necessary to restrict traffic flow, the Contractor will contact the appropriate City
department and obtain all necessary permits and /or consent from the responsible public
agency.
I. MONTHLY REPORTS
Prior to the first day of each month the Contractor shall submit the following reports: 1)
employees daily work schedule by location and crew /task(s); 2) pesticide use report that
was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4)
"green waste" recycling report.
J. WATER COST
City will pay for water used by Contractor pursuant to this agreement up to a specified
amount detailed in a monthly Estimated Applied Water (EAW) report. Should the amount
of water applied exceed the monthly EAW then the Contractor shall pay the cost of the
excess water.
II. GROUNDS /LANDSCAPE MAINTENANCE SPECIFICATIONS
A. DEFINITIONS
1. "Director" shall mean the Executive Director of Parks, Recreation and Community
Services or designated representative.
2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may
also be referred to as "trimming."
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19C -13
3. "Weed" shall mean any undesirable or misplaced plant.
B. SCOPE OF WORK
It is the intent of this agreement to continually improve the quality of the facilities. The
Contractor shall provide all labor, training, materials, tools, equipment, transportation,
hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high
quality grounds /landscape maintenance pursuant to the terms defined herein. The
Contractor shall provide all grounds /landscape maintenance at work sites listed herein,
including, but not limited to pruning /trimming, shaping and training of trees, shrubs, and
ground cover plants, removing and controlling weeds, controlling plant diseases and pests;
mowing turf, edging turf and ground cover; irrigating plant material; maintaining and
repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic
area maintenance; tot -lot maintenance; and, other services required to maintain the work
sites in a safe, attractive and useable condition.
The Contractor shall maintain all plant material in a healthy and beautiful condition using
the best industry/ horticultural accepted standards for growth, color, and appearance as
determined by the Director.
Contractor understands that it is assuming maintenance responsibility of the parks /locations
"as is" and is responsible for improving all aspects of the parks, irrigation system,
hardscape, turf, ground cover, plants and all other areas to the quality described in these
specifications.
C. EXTRA WORK
It is the City's intent to keep parks and other public recreational sites in a beautiful and
exceptionally well maintained condition. It is also the City's intent to continuously
improve parks and public recreational sites. It is with these intents in mind that the
Director may consider authorizing extra work. Extra work will not be initiated without
written authorization. In emergency situations, a not to exceed price may be submitted by
contractor via e- mail /Blackberry for review /approval by City.
The Director may request that the Contractor submit proposals for extra work in order to
improve the grounds- landscape in the contract sites. The Contractor shall submit proposals
using the City's Proposal for Extra Work Spreadsheet (see Exhibit E). The Contractor shall
complete the spreadsheet in its entirety using his /her proposed extra work pricing (that is a
part of this agreement) in order for the proposal to be considered. City reserves the right to
requests materials /equipment receipts with invoices. All labor shall be quoted on a "not to
exceed" basis and City will only pay for labor actually incurred.
D. OUTSIDE OF SCOPE
Damage or malfunction to plant material or irrigation system equipment (from valve to
water meter), with the exception of irrigation heads and lateral lines, by any of the
following may be considered outside the scope of this Agreement:
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19C -14
(1) Acts of God
(2) Civil Disorder
(3) Vehicle Collision (excluding Contractor and its employees and subs)
(4) Excavation or re- surfacing of the street
(5) Power failures
(6) Underground wiring damage
Contractor will not be considered responsible for replacement. Contractor must prove to
the satisfaction of Director that one of the above occurred in order to be excused from
performing under the Agreement.
1. Scheduling of Work — Routine Maintenance
a) The Contractor shall provide landscape maintenance between the hours of 6:00
a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified
only with the Director's consent. Landscape maintenance that generates excess
noise cannot begin before 8:00 a.m.
b) The Contractor shall establish schedules of "routine work" to be followed in the
performance of this contract. Schedules listing the name and size of specific
crews performing daily, weekly, monthly, annual and periodic maintenance
shall be submitted to the Director each month. A copy of these schedules shall
be provided to the Director prior the performance, and any changes in
scheduling shall be reported in writing and subject to the approval of the
Director. The schedule shall include days of the week and what person/crew
will be performing specific work in accordance with the specification. Each
person/crew will be identified and list the number of employees by job
classification. Once the initial schedule of "routine work" is completed the
Contractor shall notify the Director in writing before any changes are made.
c) The Contractor shall establish a schedule of renovations, pruning/trimming and
other infrequent operations. A copy of this schedule shall be provided to the
Director prior to performance, and any changes in scheduling shall be reported
in writing and subject to the approval of the Director. Once the initial schedule
is completed the Contractor shall notify the Director in writing before any
changes are made.
2. Work Force
a) Contractor's supervisory personnel (Supervisors) shall have a combination of
five years experience or education in Ornamental Horticulture, Landscape
Architecture, Irrigation Technology or related science. Supervisors shall also
possess landscape /grounds management skills required to implement modern
methods and newly developed horticultural and arboriculture procedures and/or
practices. Supervisors shall accompany the Director on weekly inspection tours
of the contract sites. During the tour the Supervisor shall indicate the work
completed the previous week, any changes that were made or are being
contemplated and the work scheduled for the upcoming week and month.
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19C -15
b) b) The Contractor shall provide a Certified Irrigation Specialists in each district
who possess, at minimum, a Certificate in "Ornamental Horticulture Certificate
of Proficiency Specialization in Landscape Irrigation" or hold a current
California Landscape Contractors Association "Certified Landscape
Technician" certificate to manage each sites irrigation systems controller
programming, performance and maintenance including, but not limited to,
performing all irrigation checks /report writing and to perform repairs and/or,
modifications to the irrigation system. Your proposal will be evaluated on the
qualifications of this individual and the amount of FTE's you assign to each
district.
c) Director may require Contractor to remove any employee from work sites at his
or her discretion.
3. Materials
a) The Contractor shall submit to the Director a list of all materials and /or
chemicals that may be used pursuant to the terms of this Agreement. The list
shall include Material Safety Data Sheets and chemical analysis where
applicable, recommended usage and any other manufacturers data that may be
pertinent. The list must be submitted before any materials /chemicals are used
pursuant to this Agreement.
b) The materials and chemicals utilized in furtherance of this Agreement shall
comply with the following standards:
(1) All fertilizers shall be complete, furnishing the required percentage of
nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other
plants in a healthy and vigorous growing condition.
(2) Pesticides including but not limited to: Insecticides, fungicides, herbicides,
algaecides, aviacides, and rodenticides shall be of the best quality
obtainable and available on the market, properly labeled with guaranteed
analysis, and brought to the job site in the manufacturer's original
container.
(3) Tree stakes, tree ties and guy wires shall be of materials matching those
existing at the work site or as specified by the Director.
4. Trash Disposal and Recycling
All organic waste (including leaves, grass clippings, brush, branches, and tree parts)
resulting from work performed under this contract shall be disposed of pursuant to the
requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste
cannot be taken to a landfill. Every month, the Contractor shall submit receipts from
licensed composters /green waste recycling facilities, to the Director listing the tons of
organic waste recycled and the names and addresses of the composting or processing
companies.
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19C -16
As an alternative, the City will allow Contractor to dispose of green waste and trash in
bins provided by the City. The City will determine the amount of green waste and
trash allowed to be dumped in these bins based on historical amounts. Any additional
disposal fees must be paid by Contractor. At no time will the contractor be allowed to
dispose of trash or green waste that was not collected as part of this contract. If the
City finds that the contractor is disposing of trash from other contracts, the City will
discontinue this service for the contractor and the contractor will be required to pay
for their own trash service.
E. ROUTINE MAINTENANCE
Routine maintenance shall include but not be limited to the following services performed at
the Work Sites listed in Exhibit F.
Turf Care
Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority
Turf (see site maps in Attachment 5 that identify the areas for each type of turf). The
Contractor shall maintain mowers that provide a smooth, even cut without ridges or
depressions and without tearing of the leaf blades (caused by unsharpened mower blades).
Mowing shall be performed at the speed the mowers manufacturer specifies to maximize
quality of cut. Mowing shall be performed with straight and flowing patterns approved by
the Director's Representative. The emphasis will be on quality mowing vs. speed and
unprofessional patterns. From time to time the Director will direct the Contractor to change
mowing pattern to minimize rutting and compaction.
a) Casual Turf Mowing
All "casual" turf (non - sport/priority turf) shall be mowed: 1) weekly May 1
through October 31 and, 2) every other week November 1 through April 30 .
The Contractor shall use a tractor powered reverse flail mower for the larger
open turf areas, a 52" mower and a small walk behind mower for areas between
trees and other park amenities. The Director shall determine height of cut.
String trimmers are not allowed for mowing turf. Any visible clippings shall be
collected and disposed of pursuant to SAMC Chapter 16.
b) Priority Turf Mowing
All "sport/priority" turf as described in Attachment No. 5 shall be mowed once a
week all year. Any visible clippings shall be collected and disposed of pursuant
to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at
'/4" to 1" using a power driven fairway reel mower and a walk behind reel
mower along skinned infield brickdust areas, turf infields, turf infield foul areas,
soccer /football fields, soccer /football out of bound areas. The Director's
Representative shall direct the Contractor to mow the sport/priority turf lower
than 1/4" to 1" if necessary. Note that the ball diamond infield maintenance sub-
contractor shall be responsible for mowing turf infields and other designated ball
diamond turf areas. (see Attachment 1).
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19C -17
2. Edging and Detailing
All edging shall be performed with the use of a McClain's edger or approved
substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent
to all improved hard surfaces such as concrete, decomposed granite, asphalted
concrete paved areas. Edging /detailing shall be performed at the same time
mowing occurs. Chemical detailing of turf may occur with the Director's
approval. If chemical detailing is performed, the Contractor shall use the string
trimmer to remove the treated turf within one (1) week after symptoms of
phytotoxicity become recognizable.
a) The Contractor shall use the McClain's edger to edge straight lines along
fences, walls, or long flowing arcs. The Director's Representative may require
the Contractor to use string lines to edge straight lines if the Contractor's staff
fails to achieve this quality without this method.
b) The Contractor shall detail around trees, along walls /fences and other park
amenities first using a sharpened shovel cut to establish a concentric round circle
around trees, poles, etc. Once the initial detailed circle is established a string
trimmer may be used to maintain the circle. Should the circle begin to deform
the Director shall direct the Contractor to repeat the detail process.
c) The Contractor shall detail turf not greater than 10" away from walls or
fences. Detail lines shall be made straight and shall be maintained straight. The
Contractor shall, at his own cost, supply top soil and an approved turf seed to
reduce any existing bare soil areas along walls /fences that are greater than 10 ".
d) Fertilization
(1) Casual Turf - Contractor shall apply fertilizer once per year (first week
of February) per the City's agronomic plan (see Attachment 4).
(2) Sport Turf - Contractor shall apply fertilizer twice per year (first week of
February and with annual renovation) per the City's Agronomic Plan"
(see Attachment 4). If no summer renovation occurs, the second
application shall be applied the first week of July.
e) Irrigation -all turf
(1) Contractor shall ensure irrigation schedules are continually monitored to
provide adequate moisture in the soil for healthy turf, and avoid excess
wet conditions.
(2) Contractor shall not schedule irrigation of sports fields at least 24 hours
prior to the mowing process. During cooler periods of the year avoid
irrigating 48 hours prior to the mow procedures to ensure a quality cut of
the turf.
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19C -18
(3) Under normal conditions the contractor shall not schedule irrigation on
Friday and Saturday nights to avoid wet conditions during weekend
usage. Prior approval will be required to irrigate during weekends to
coordinate with reservations.
(4) Turf areas shall be watered as required by weather conditions to provide
adequate moisture for optimum growth. At no time shall turf areas show
a lack of green color or a loss of resilience due to lack of water. If
Contractor estimates additional water above and beyond the monthly
Estimated Applied Water (EAW) may be needed, he /she shall request
approval from Park Services prior to exceeding the monthly irrigation
budget as detailed in the Monthly Water Conservation Report Estimated
Applied Water (EAW) requirements. Failure to get approval from Park
Services prior to exceeding the monthly irrigation budget will result in
the Contractor to pay for the excess water.
(5) When an irrigation system does not adequately provide water to the turf
area in which it is installed, due to any reason including but not limited
to controller failure, valve failure, broken heads, poor system design,
etc., the Contractor shall provide supplemental irrigation at no extra cost
to the City. The Contractor may use any reasonable means necessary to
uniformly irrigate turf areas.
(6) Should the Contractor not respond to signs of turf stress immediately, the
Director, in his sole discretion, may dispatch his own staff to remedy the
stress and deduct the cost form the monthly invoice submitted by
Contractor.
(7) Automatic irrigation shall be conducted between the hours of 10:00 p.m.
and 4:00 a.m. and shall be programmed not to exceed the EAW. In the
event that Contractors water consumption exceeds the EAW City may
deduct said overages from the Contractor's monthly invoice.
(8) Contractor shall ensure that all staff working on irrigation possess one of
the following certifications:
a. California Landscape Contractor's Certified Landscape Technician
Program
b. Fullerton College Certificate of Proficiency in Landscape Irrigation
c. UC Riverside Certificate in Landscape Irrigation
f) Weed Control -all turf
The Contractor shall keep all turf, casual and sport/priority turf, free of all turf
type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and
broadleaf weeds at all times. The Contractor shall, along with the monthly
Pesticide Use report, submit a written schedule for weed abatement in turf
specifying the method, day and location where weed abatement will be
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19C -19
performed. The Director's Representative will review and approve written
schedule taking into consideration the park's use.
(1) Contractor shall apply approved pre- emergent herbicides to all turf areas
in order to control the germination of noxious weeds i.e. Dallis Grass,
Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc.
(2) Should turf type or broadleaf weeds germinate, the Contractor shall
control the weeds immediately upon recognition by way of selective
and/or broad - spectrum post emergent herbicides approved by the
Director.
g) Replanting-all turf
(1) Should turf begin to stress for any reason, Contractor shall begin
applying supplemental water and shall overseed these turf areas using La
Prim XD (spring/summer) or Stover Seed Grand Slam perennial rye
(fall /winter) seed at the manufacturer's recommended rate and process.
(2) Should turf die back to the point where soil is visible, Contractor shall
sod these turf areas using Greg Norman 1 hybrid Bermuda.
(3) The Contractor understands and accepts that at the beginning of the
agreement there may be existing turf areas that are thin or bare. The
Contractor, by entering into the agreement, shall routinely and at no
extra cost to the City, repair thin or bare turf areas by overseeding or
sodding with approved seed or sod until a thick healthy stand of turf is
established.
(4) Contractor also understands and accepts that Santa Ana is a very heavily
used park system, including increased foot traffic, athletic play, and
other uses.
h) Aeration
The Contractor shall aerate all turf areas, casual and sport/priority turf four (4)
times per year in March, June, September, and December. An aerator that will
remove soil plugs and deposit the cores on the surface of the turf shall perform
aeration. Cores shall be pulled to a depth of 6 ".
i) Sport/Priority Turf
(1) Renovation: Once (1) per year during the spring/summer or the
fall /winter (as determined by the Director) the Contractor shall renovate
sport/priority turf using:
(a) spring/summer - Stovers Seed Company Bermuda Dunes
seed at six (6) pounds per 1,000 square feet in bare areas and four
(4) pounds per 1,000 square feet where turf exists;
(b) fall /winter — Stover Seed Company Grand Slam see at eight
(8) pounds per 1,000 square feet
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19C -20
This shall be accomplished by mowing the existing turf down to '/4"
followed by verticutting (straight blades) to remove thatch. Prior to
seeding the contractor shall have the irrigation system functioning
properly and have a plan to provide supplemental irrigation as necessary
to germinate the seed to 100 %. The field shall be top dressed prior to
seeding to provide a 100% flat playing surface.
The Contractor shall guarantee uniform germination/ 100% coverage free
of non - germinated areas within 10 weeks from the time the first
application of seed or will sod any thin or bare areas with Pacific Sod
Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1
Hybrid Bermuda Sod that has been "cropped over" with perennial rye
grass. Renovation must be completed within three months of field
closure. Director shall determine sod based on availability /season.
(2) Overseeding: Once per month the Contractor shall overseed with at a
rate of one (1) pound per 1,000 square feet by mowing the existing turf
down to 3/4" followed by verticutting (straight blades) to remove thatch.
This overseeding occurs on all priority turf regardless of whether or not a
renovation was completed.
3. Ground Cover Care
a) Edging and Detailing
(1) Ground cover beds shall be maintained within their intended bounds and
edged and /or detailed the first week of every month to keep the beds
looking manicured at all times.
(2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable
bare areas, curbs, wall fixtures, furniture, beneath and /or into other
plants, etc. All sites shall be cleaned following each edging /detailing,
including streets.
b) Mulching of Bare Areas
In all groundcover areas where bare soil is visible or where the groundcover is
thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest
Floor Mulch or approved equal, '' /z" thick minimum quarterly (every third week
of January, April, July, and October) and as necessary to maintain uniform and
complete coverage. Mulch is to be removed and completely replaced with fresh
mulch every July.
c) Fertilization
The Contractor shall fertilize all groundcover areas once per year (first week in
April) per the City's agronomic plan (Attachment 4).
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19C -21
d) Replanting
The Contractor shall be responsible for the complete removal and replacement
of ground cover lost due to normal attrition or due to Contractor's failure to
perform under the terms of this Agreement. City is responsible for cost of
replacing plants lost to vandalism; however, Contractor must prove that it was
vandalism that killed the plant. The plans shall be planted at appropriate
spacing so as to achieve complete coverage once the plant is 2 /3rds mature.
Any plants planted by City /others must be maintained by contractor. Contractor
must notify City within 30 days if plants planted by City /others begin to decline.
4. Shrub Care
a) Pruning/trimming
All shrubs growing in the work areas shall be pruned such that the plants remain
in a healthy growing condition. Plant growth shall be maintained to prevent
overgrowth into passageways, walks, streets, view of signs or in any manner
deemed objectionable by the Director. Dead or damaged limbs shall be
removed so that no projections or stubs remain. Pruning /trimming shall be done
by hand shears or loppers in a manner to permit plants to grow naturally in
accordance with their normal growth characteristics. "Box hedging" may be
required on some shrubs, as set designated by the Director. Shear hedging or
severe pruning/trimming of plants, unless authorized by the Director, is not
permitted. Topping of plants whose natural growth stems from the base of the
plant is not permitted. Should the Contractor top, shear hedge or severely prune
plants and disfigure or damage the plants, the Contractor shall be responsible
for replacing those plants with like kind and size as and subject to approval by
the Director.
The Contractor may be requested from time to time to raise the bottom of the
shrubs for security reasons.
b) Replanting
The Contractor shall be responsible for the complete removal and replacement
of shrubs lost due to normal attrition or due to Contractor's failure to perform
under the terms of this Agreement. City is responsible for cost of replacing
plants lost to vandalism; however, Contractor must prove that it was vandalism
that killed the plant. The plans shall be planted at appropriate spacing so as to
achieve complete coverage once the plant is 2 /3rds mature. Any plants planted
by City /others must be maintained by contractor. Contractor must notify City
within 30 days if plants planted by City /others begin to decline.
c) Mulching of Bare Areas
In all groundcover areas where bare soil is visible or where the groundcover is
thin so the soil is visible, the Contractor shall apply Aguinaga Black Forest
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19C -22
Floor Mulch or approved equal, '' /z" thick minimum quarterly (every third week
of January, April, July, and October) and as necessary to maintain uniform and
complete coverage. Mulch is to be removed and completely replaced with fresh
mulch every July.
d) Fertilization
The Contractor shall fertilize all shrub areas once per year (first week in April)
per the City's agronomic plan (Attachment 4).
5. Tree Care
a) Height/Quality of Pruning
In the first week of August of each year the Contractor shall routinely Class 1
prune all trees up to a height of fifteen (15) feet. All trees within the scope of
work shall be maintained to keep the natural integrity and shapes of the trees.
Pruning shall be accomplished in a manner that will ensure that each individual
tree is Class I pruned as set forth in the City of Santa Ana Tree
Pruning /trimming and Stump Removal Specifications (see Attachment 3). In
addition, the Director may require the Contractor to remove or prevent
encroachment of trees into the public right of way where the tree blocks vision
or is considered undesirable. Low branches overhanging sidewalks shall be
trimmed to a height of nine (9) feet above finish grade. Young trees needing
pruning/trimming, training, and shaping to develop caliper and a strong
structural framework may have low branching laterals and or appropriate sucker
growth. Contractor shall remove hangers under 15" and fallen limbs 80 lbs. or
less.
b) Staking, Tying and Guying
All trees requiring staking shall be securely staked at all times with stakes and
rubber cinch ties approved by the Director. Rubber hoses and wire are not
permitted ties. All stakes shall be set perpendicular to prevailing winds unless
designated otherwise by the Director. Tree stakes shall also be set a consistent
distance away from the trunk of the tree (minimum six (6) inches) to reduce
abrasion and cell elongation. The tops of all tree stakes shall be removed
approximately three (3) inches above the highest tie to reduce abrasion of main
or lateral branches of the tree.
c) Mulching of Bare Areas
In designated tree ring areas where bare soil is visible the Contractor shall apply
Aguinaga Black Forest Floor Mulch or approved equal '/2" thick minimum
quarterly (every third week of January, April, July, and October) and as
necessary to maintain uniform and complete coverage. Mulch is to be removed
and completely replaced with fresh mulch every July.
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d) Hazardous Tree Reporting
In the event the Contractor detects any tree displaying roots heaving or girdling
(either by roots or a foreign material), leaning, broken or hanging limbs, or if
Contractor determines that potential safety hazard may exist Contractor shall
notify the Director by phone within twenty -four (24) hours.
e) Loss of Trees
The Contractor shall be responsible for the complete removal and replacement
of any and all trees lost due to the Contractor's failure to perform under this
agreement. Failure to perform includes but is not limited to, girdling trees with
string trimmers or tree ties, improper planting of new trees, improper
pruning/trimming techniques which disfigure or destroy the trees natural
integrity and shape, or failure to detect and prevent treatable diseases and insect
infestations.
All trees that exhibit the signs of disease or pests, or any other signs of distress
shall be inspected by a Certified Arborist approved by the Director. Contractor
shall treat any tree in decline at no additional cost to City. Should the Certified
Arborist determine that the tree had a terminal disease that the Contractor could
not have treated or prevented, the Contractor shall not be responsible to replace
the tree. However, should the Certified Arborist determine that the tree's
unhealthy condition or death could have been prevented had the Contractor
treated the tree then Contractor shall be responsible for the cost of treatment to
restore the tree to a healthy condition or replace the tree. The latest American
Shade Tree Conference guidelines for value determination will determine the
value of the trees lost.
By entering into agreement with the City the Contractor acknowledges that they
accept the condition of each tree and should a tree go into decline or expire the
Contractor agrees to replace the tree with like species and size or agree that the
City shall withhold payment equal to the value of the tree.
6. Vine Planting, Establishment and Maintenance
a) Planting
Contractor shall continuously plant throughout the year at its own expense 1
gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along
property walls, building walls, and any other park owned walls until the vines
mature and cover the walls. Note that the Contractor shall irrigate the vines and
fertilize as necessary to promote healthy and vigorous growth. The Contractor
will immediately replace any vine at the Contractor's expense that is lost for any
reason including but not limited to lack of water, vandalism, accidental post
emergent spraying, etc. Planting of vines shall not exceed 300 per year per
district.
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19C -24
b) Contractor shall trim the vine once it reaches the top of the wall or at a specific
height on the wall, as determined by the Director. The Contractor shall keep
vines off telephone poles or other non wall surfaces at all times
7. Weeds, Disease and Pest Control
a) Weed Control
All hardscape areas shall be kept free of weeds at all times. Weeds shall be
removed by hand and /or approved mechanical or chemical methods. Director
may dispatch City staff to remove weeds that reach two (2) inches or greater and
are not removed immediately. In such instance, the cost will be deducted from
the Contractor's monthly invoice.
b) Disease and Pest Control
(1) The Contractor shall inspect on a daily continuous basis all landscaped
areas (turf, trees, shrubs, ground cover, and annual color) for presence of
disease, insect, rodent infestation or any other pests. If any pests, such
as but not limited to, disease, insect, algae, birds, animals, such as
rabbits, squirrels, or rodent infestation (rodents including rats, gophers,
moles, voles, etc.) is discovered, it shall immediately be controlled by
the Contractor at his /her expense using the safest and most expedient
method.
(2) The Contractor is responsible for inspecting all plant material on a
continuous basis and, as necessary, treating plant material to maintain
optimum health of the plants. If any plant material (turf, groundcover,
shrubs, trees) dies without the Contractor diagnosing the plant and
implementing efforts to restore the plant to a healthy and attractive
appearance, the City will assume the Contractor caused the plant death.
Contractor will be required to replace the plant with like species and size
at no extra cost to the City. City is responsible for cost of replacing
plants lost to vandalism; however, Contractor must prove that it was
vandalism that killed the plant. In the case where turf is lost due to pest
damage, the Contractors shall replace the area of turf lost with Pacific
Sod Greg Norman 1 Hybrid Bermuda (during spring /summer) and
Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over
with Perennial Rye grass (during fall /winter).
8. Irrigation System Maintenance
a) General Responsibilities
(1) Contractor's Certified Irrigation Specialist shall use automatic or
mechanical irrigation systems to irrigate all landscape areas detailed in this
Agreement. In the event the existing irrigation system fails to provide full
and proper coverage, the Contractor shall provide alternate irrigation with
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19C -25
full and proper coverage to all areas in the work site at no extra cost to the
City.
(2) Newly planted trees, shrubs, ground cover and turf shall receive adequate
water to promote normal healthy growth. Proper berms or basins shall be
maintained during plant establishment period.
b) Operation of Automatic Irrigation Controllers
Where the operation of automatic irrigation controllers is required, the
Contractor shall:
(1) Not duplicate any coded City key furnished by the Parks, Recreation and
Community Services Agency for access and operation of the controller.
(2) Surrender all keys furnished by the Parks, Recreation and Community
Services Agency at the end of the contract period or at any time deemed
necessary by the Director to prevent serious loss to the City of Santa Ana.
(3) Protect the security of City property by keeping controller cabinet and
building doors locked at all times.
(4) Refrain from using locked premises for storage of materials, supplies or
tools, except as approved by the Director.
(5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m.
unless alternative hours are approved by City.
c) Water Conservation
(1) The Contractors Certified Irrigation Specialist shall meet once a month
with Park Services to review the City's Monthly Water Conservation
Report to discuss water conservation strategies. These discussions may
include, but not be limited to, the Contractor turning off irrigation systems
during periods of rainfall and times when suspension of irrigation is
desirable to conserve water while remaining within the guidelines of the
EAW.
(2) When Park Services determines that plant material (turf, groundcover,
shrubs, and trees) must be irrigated, all controllers shall be activated within
twenty -four (24) hours.
d) Inspection and Reporting
(1) The Contractor shall physically inspect the operation of all irrigation
systems once a month and prepare a written report specifying park name,
controller location/name, start times, run times, program name, station
number, and repairs needed. The Contractor shall maintain all sprinkler
systems using City standard irrigation products and details. All repairs
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19C -26
shall be to City specifications and details. Repairs to irrigation heads shall
be with matching precipitation nozzles. Contractor shall ensure that
excessive over spray /runoff into street right -of -ways or other areas not
intended to receive irrigation is controlled. The Contractor shall repair at
his own expense any irrigation head and lateral line rendered inoperable or
malfunctioning due to attrition, vandalism, etc.
(2) Contractor shall perform a visual inspection of all irrigated areas once per
week. All areas receiving marginal coverage shall receive supplemental
irrigation by being irrigated by a portable irrigation method. The
contractor shall furnish all portable hoses, nozzles, sprinklers, etc.,
necessary to accomplish this additional irrigation. Care shall be exercised
to prevent a waste of water, erosion, and/or detrimental seepage into
existing underground improvements or structures.
e) Repairs
The Contractor shall be responsible for repairs to all irrigation heads, swing
joints and lateral lines as a part of this agreement. The Director will be
responsible for repairs to the irrigation system from the valve to the water meter.
9. Hardscape Maintenance
a) All paved areas, including but not limited to paved parking lots, curb gutters,
pool decks, stamped or other enriched hard surface areas, shall be thoroughly
cleaned once every other week between Monday and Friday. Vacuums,
blowers, sweepers or other approved equipment may be used to clean hardscape
areas. Debris shall not be blown or swept onto adjacent streets or property. All
debris must be picked up by the Contractor and removed from the site. Debris
and litter that shall be cleaned includes, but is not limited to, leaves, twigs,
branches, trash, sand gravel, and worn asphalt. The City shall approve any
equipment that is to be used for cleaning hardscape.
b) Picnic facilities and park benches, including but not limited to picnic tables,
barbecues, benches, concrete pads and shelters shall be continuously maintained
in a safe and clean condition.
c) Pavement cleaning — Contractor shall perform pressure washing quarterly
(second week of January, April, July and October) to remove dirt, stains, gum,
tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks,
picnic pads, paved areas around buildings, pedestrian crosswalks in streets that
are concrete or pavers, etc.
d) Site amenity cleaning — Contractor shall perform pressure washing of site
amenities, such as but not limited to, picnic tables, park benches, skate park,
walls, planters, raised curbing, railing, exterior of buildings, overhead shelters,
etc.
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19C -27
(1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic
pads, etc.) and park benches shall be cleaned every day Monday through
Sunday to assure that all trash, stains, spills, debris, glass, staples, nails,
tape, wire, etc. is removed.
(2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas,
and areas adjacent building entrances shall be cleaned once a month using
high pressure cleaning equipment.
(3) All barbecues shall have ashes, charcoal or any other materials removed
once a week. Contractor shall paint the exterior of the b.b.q.'s and the post
with heat and rust resistant flat black paint whenever rust appears.
e) All parks with flagpoles shall have an American flag displayed at all times. The
Contractor shall visually inspect the flag every day to assure it is in good
condition. Should, in the opinion of the Director, the flag not be in good
condition (faded, discolored, torn and /or having holes) Contractor shall
immediately request from the Director a new flag. Contractor shall raise the
new flag immediately upon receipt from the Director.
0 Drinking fountains shall be cleaned, sanitized and unplugged on a continuous
basis. The Contractor shall use approved germicidal cleaner and products to
assure that drinking fountains are clean and polished. The Contractor shall
remove all mineral build up, algae, stains, etc. The Contractor shall achieve this
level of quality using a combination of cleansers, metal polish product, hand
and/or power tools. Should the drinking fountain be so plugged that dismantling
the fountain is required the Contractor shall notify the Director immediately so
City staff can make the repair.
10. Playground /Tot -Lot Areas
a) The Contractor shall provide maintenance of all playground/tot -lot sand and
rubberized areas once a week. Maintenance shall include, but not limited to,
loosening of compacted areas, re- grading sand /wood chips areas to level
condition (eliminating ruts, depressions, build up areas, etc.), sifting of
sand/wood chips to assure that debris and any other foreign objects are
removed, removal of weeds, removing sand /wood chips on sidewalks
surrounding the playground /tot -lot, eliminating berms (including pre- existing)
in the turf surrounding the playground /tot -lots (high pressure water blasting or
sod cutting, leveling and re- sodding are approved methods), and trash and other
undesirable material. Rubberized fall areas shall be cleaned of sand /wood chips
and debris daily. Any sand /wood chips that accumulates on the rubberized
surface shall be reused. Sand/wood chips and debris on the playground
equipment shall be removed.
b) The City shall be responsible for all playground equipment and tot -lot area
safety inspections.
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11. Ball Diamond Maintenance
The Contractor shall retain a sub - contractor to provide ball diamond infield
maintenance as set forth in Attachment 1.
a) Baseball Perimeter Maintenance
Ball diamond perimeter maintenance shall be performed daily. Ball diamond
perimeter maintenance shall be defined as all areas outside the field of play and
sideline /dugout areas where coaches, players and others associated with the
game gather. Ball diamond perimeter maintenance areas shall include but is not
limited to grandstands, areas around concession stands, fence lines, warm -up
areas, etc. The work that shall be performed on a daily basis shall include
picking up trash and debris, blowing off areas/hosing down areas using a high
pressure nozzle to remove brick dust, stains and /or all other foreign material,
such as sunflower seeds or peanut shells, so that all areas, including pavement
and landscape areas, are 100% free and clean.
b) Daily Outfield Maintenance
(1) Irrigation checks and repairs to assure that irrigation heads are at the
proper grade to avoid injury to players who may fall on them and that no
"slippery" areas exist.
(2) Fill in of divots and depressions and all uneven areas with #20 white silica
sand, organic compost mixed with LaPrima XD Bermuda grass seed
during the spring/summer and Stover Grand Slam perennial rye grass seed
during the fall winter to re- establish the areas.
(3) Level fence line areas using a rock or leveling rake.
(4) Level and drag warning track areas using nail drag followed by finishing
drag mats. Contractor shall apply new brick dust to fence lines and
warning tracks as necessary to maintain consistent %2" layer of brick dust
in these areas.
c) Weekly Maintenance
(1) Contractor will then edge the fence lines and warning track to achieve
crisp straight lines and a smooth crisp arc where the brickdust warning
track meets the sport turf.
d) Annual Maintenance
(1) Top dress outfield turf using Santa Ana mix or approved product. Apply
with an approved top dressing machine that will achieve a level playing
surface. (The "Santa Ana Mix" is sold by AG Organic, Riverside. The
specification is: AG Organic Company Organigro Seed Topdress
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premixed w /California Organic Fertilizer, Inc. Phyta Boost Plant Food 7 -1-
2 (33cy of Organigro Seed Topdress +700 #'s 7 -1 -2 Phyta Boost per Acre)).
e) Non - recurring maintenance:
(1) During inclement weather the Contractor shall work to reopen baseball
fields as soon as possible. The Contractor shall use Diamond Dry or an
approved equal to warning tracts and fence lines. In addition, the
Contractor shall use hand pumps or any other reasonable method necessary
to drain water off the field.
12. Soccer /Football Field Maintenance
a) All soccer /football fields shall be inspected every day, Monday through Friday.
Contractor shall look for divots, depressions, debris, and other turf marring
conditions. If discovered, the Contractor shall fill in divots and depressions
with 420 white silica sand mixed with LaPrima XD Bermuda grass seed during
the spring/summer and Stovers Grand Slam perennial rye grass seed during the
fall winter to re- establish the areas.
b) Areas of the field where turf has been worn away due to play shall be raked,
dragged and leveled each day to provide a level - playing surface free of divots,
depressions and uneven surfaces. The Contractor shall add approved topsoil to
these areas as necessary to keep the areas level and safe.
c) Annually, the Contractor shall top dress outfield turf using Santa Ana mix or
approved product. Apply with an approved top dressing machine that will
achieve a level playing surface.
d) The Dan Young Soccer Complex and Santa Ana Stadium Field Synthetic Turf:
Contractor shall remove all debris from synthetic turf fields daily. City crews
will provide the daily field grooming.
13. Sport Court Maintenance
a) All sport courts shall be blown off weekly . Courts and fence lines shall be
completely free of dirt, debris, etc.
b) All tennis courts shall be washed down every other week to remove dust, gum
and stains. The courts shall have water removed immediately following the
washing down.
c) All basketball and volleyball courts shall be washed down monthly to remove
dust, gum and stains. The courts shall have water removed immediately
following the washing down.
d) Contractor shall replace tennis and basketball nets when they become worn.
The City shall furnish nets.
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14. General Maintenance and Clean -up For All Parks and Contracted Sites
a) All trash and debris on the ground or in trash receptacles shall be removed
from all worksites each day Monday through Sunday before 12:00 p.m. This
includes all landscape areas, paved areas, street curb gutters, flood control
channels, etc. Trash shall consist of all items 80 lbs. or less. All trash
receptacles and lids shall be wiped clean continuously as stains appear.
b) The contractor shall rake, hand remove, or vacuum leaves that are not
absorbed by planting. This shall be done as often as required to maintain a neat
appearance.
c) After heavy windstorms or other inclement weather that impacts sites under
this agreement, the Contractor shall bring in extra staff to clean all parks areas
within two (2) days at no cost to the City. Debris, such as but not limited to,
litter, fallen branches, trash, limbs, branches, soil erosion, (80 lbs. or less) etc.,
shall be removed from the worksites.
d) The Contractor shall keep sidewalks and all other paved areas swept and free
of any debris, dirt, glass, weeds, leaves, etc. at all times.
e) Drain inlets shall be checked and if necessary cleaned once per day to avoid
flooding of areas during inclement weather.
15. Other Requirements
a) Work Not Scheduled
The Director may delete a portion of or the entire work site from contractual
maintenance during a construction period or any period where the Director
determines that work cannot be scheduled. The deletion of this portion of work
will be reflected as a reduction in the monthly payment to the Contractor. The
amount of reduction will be based on the percentage of area involved and will
be determined by the City.
16. Special Maintenance
In addition to the standard Grounds- Landscape Specification the following special
maintenance shall be performed.
a) Downtown Civic Center Grounds and Landscape — The Downtown Civic
Center Area is the home of federal, state, county and city government for
Orange County. The classification of maintenance required at this site is
considered "high -end commercial."
(1) All pedestrian hardscape areas, including but not limited to, plazas,
malls, sidewalks, pedestrian street crossing, vehicular drop -off areas, etc.
shall be blown and /or swept clean daily Monday - Friday. Contractor
is not responsible for blowing parking lots, only litter removal.
Contractor is not responsible for pressure washing.
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19C -31
(2) All site amenities, including but not limited to, signage, benches,
hand railing, electrical boxes, public telephones, newspaper machines, ,
cigarette urns, light bollards, etc. shall be completely wiped clean with a
germicidal cleanser and polished continuously as stains and dust appear.
(3) All trash receptacles shall be emptied daily seven (7) days per week
and replaced with new trash liners. The Contractor shall install trash
liners so as not to be seen on the exterior of the receptacles. The
Contractor shall be responsible for replacing missing trash receptacle lids
and interior waste receptacles when missing. Lids and interior waste
receptacles shall be provided by the City. Lids shall be completely
wiped clean with a germicidal cleanser and polished continuously as
stains appear.
(4) All cigarette urns shall be sifted daily Monday, Wednesday and
Friday. The sand in the cigarette urns shall be fresh and leveled.
Contractor shall replace cigarette urn sand with #20 white silica sand
once per month.
(5) All drinking fountains shall be completely wiped clean with a
germicidal cleanser and polished to a high luster with an approved
product on Monday, Wednesday and Friday of each week.
(6) All trees below 15' shall be pruned four (4) time per year (first week
in January, April, July, and October) using hand shears and loppers. The
intent is to prune the plant material without the average lay person
noticing the cuts.
(7) All shrubs requiring hedging shall be trimmed every two weeks.
(8) Replace all 52 state flags in the Plaza of the Flags the first week of
January and July of each year. Flags to be provided by City.
b) All turf in the Civic Center area is considered priority turf.
c) Perennial /Annual Color
All perennial /annual color beds shall be maintained and planted/rotated
three (3) times per year (first week of January, May and September) as
detailed in Attachment 2.
d) Fertilization
(1) Cyads and Palms shall be fertilized two (2) times per year (first week
in March and September).
d) Santa Ana Stadium - The historic Santa Ana Stadium is a premier youth
football and soccer venue. In addition to the standard Grounds - Landscape
Specification the following special maintenance shall be performed.
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(1) All pedestrian hardscape areas, including but not limited to,
grandstand bleachers, ramps, tunnels, and sidewalks, shall be blown
and /or swept clean daily seven (7) days per week.
(2) All parking lots, safe dispersal areas, vehicular drop -off areas, etc.
shall be blown and/or swept clean once per week (Thurdays). Trash
shall be picked daily.
(3) All site amenities, including but not limited to, signage, player
benches, hand railing, , public telephones, etc. shall be completely wiped
clean with a germicidal cleanser and polished to a high luster with an
approved product on Friday of each week.
(4) All grandstand bleachers shall be inspected continuously and wiped
clean as stains and dirt appear.
(5) All turf in the Stadium area is considered priority turf.
e) City of Santa Ana Corporation Yard - The Corporate Yard is the city's
maintenance operation center. In addition to the standard Grounds - Landscape
Specification the following special maintenance shall be performed.
(1) All trash receptacles shall be emptied daily five (5) days per week
Monday — Friday and replaced with new trash liners. The
Contractor shall install trash liners so as not to be seen on the exterior
of the receptacles. The Contractor shall be responsible for replacing
missing trash receptacle lids and interior waste receptacles when
missing. Lids and interior waste receptacles shall be provided by the
City. Lids shall be completely wiped clean with a germicidal cleanser
continuously as stains and dirt appear.
(2) All cigarette urns shall be sifted Tuesday and Thursday. The sand
in the cigarette urns shall be fresh and leveled. Contractor shall
replace cigarette urn sand with #20 white silica sand once per month.
f) Regional Transportation Center - In addition to the standard Grounds -
Landscape Specification the following special maintenance shall be performed.
g) Santiago Nature Reserve Area - In addition to the standard Grounds -
Landscape Specification the following special maintenance shall be performed.
17. City Inspection
a) The Director or his designated representative shall regularly inspect the
parks, playgrounds, fields and all other City property subject to this Agreement.
If said inspection results in discovery of work that is not performed in the
manner, and to the professional degree set forth in the Specifications, Contractor
agrees that the City shall deduct from Contractor's next monthly payment, the
City's actual or estimated cost of performing the work to bring the property into
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19C -33
conformance with the specifications. Additionally, City shall impose liquidated
damages of up to $300.00 per inspection, per park, per day not meeting the
specifications during any such inspection.
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ATTACHMENT NO. 1
SUB - CONTRACTOR
BALL DIAMOND 1N -FIELD MAINTENANCE
1.0 Scope of Work
1.1 State of California Licensed C -27 Contractor specializing in Ball Diamond In -Field
Maintenance shall provide in -field brickdust maintenance for thirty two (32)
Baseball /Softball Diamonds per the specifications and conditions listed below:
2.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site
2.1 Adams Park
2.1.1 One (1) 60' base path Little League diamond with skinned brickdust
infield.
2.2 Cabrillo Park
2.2.1 One (1) 80'/90' base path Little League Junior /Senior diamond
with skinned brickdust infield.
2.3 Centennial Park
2.3.1 Two (2) 60' base path Girls Softball /Major Little League diamond
with skinned brickdust infields.
2.4 Delhi Park
2.4.1 One (1) 60' base path Little League diamond with skinned brickdust
infield.
2.5 El Salvador Park
2.5.1 Two (2) 60' base path Little League diamond with skinned
brickdust infields.
2.5.2 Three (3) base path T -Ball diamonds with skinned brickdust
infields.
2.6 Heritage Park
2.6.1 One (1) 60' base path Girls Softball /Major Little League diamond with
skinned brickdust infield.
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2.7 Jerome Park
2.7.1
2.7.2
2.8 Madison Park
2.8.1
2.8.2
One (1) 80'/90' base path Little League Junior /Senior diamond
with skinned brickdust infield.
Two (2) 60' base path Little League diamond with skinned
brickdust infields.
One (1) 60' base path Major Little League diamond with skinned
brickdust infield.
One (1) T -Ball diamond with skinned brickdust infield.
2.9 Memorial Park
2.9.1 One (1) 80'/90' base path Little League Junior /Senior diamond
with skinned brickdust infield.
2.9.2 One (1) 60' base path Little League diamond with combination
turf/brickdust infield.
2.9.3 Two (2) 60' base path Little League diamonds with skinned
brickdust infields.
2.10 Morrison Park
2.10.1 One (1) 60' base path Girls Softball/ Little League diamond with
skinned brickdust infield.
2.11 Portola Park
2.11.1 One (1) 60' base path Girls Softball/ Little League diamond with
skinned brickdust infield.
2.12 Riverview Park
2.12.1 One (1) 60' base path Major Little League diamond with skinned
brickdust infield.
2.12.2 One (1) 60' base path Major Little League diamond with sport turf and
brickdust infield.
2.12.3 One (1) Minor Little League diamond with sport turf and brickdust
infield.
2.12.4 One (1) T -Ball Little League diamond with sport turf and brickdust
infield.
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2.13 Rosita Park
2.13.1 One (1) 60' base path Major Little League diamond with sport turf and
brickdust infield.
2.14 Santiago Park
2.14.1 One (1) 60' base path Girls Softball diamond with skinned brickdust
infield.
2.15 Thornton Park
2.15.1 Three (3) 60' base path Girls Softball diamond with skinned
brickdust infield.
2.16 Windsor Park
2.16.1 One (1) 60' base path Girls Softball diamond with skinned brickdust
infield.
32 Total diamonds at 16 park sites.
3.0 Schedule of Work to be Completed
3.1 Adams Park:
Cabrillo Park:
Centennial Park:
Delhi Park:
El Salvador Park
5 Days per wk, Feb 1 st to July 15th
1 Day per wk, July 16th to Jan 31"
5 Days per wk, Feb 1St to July 15th
1 Day per wk, July 16th to Jan 31"
5 Days per wk Feb 1 st to April 31 st
1 Day per wk May 1St to Jan 31St
1 day per wk Year round
5 Days per wk, Feb 1St to July 15th
1 Day per wk, July 16th to Jan 31st
Heritage Park: 1 Day per wk Year round
Jerome Park: Field # 1
5 Days per wk, Feb 1St to July 15th
1 Day per wk, July 16th to Jan 31"
Field #2 & #3
1 Days per wk Year round
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.l
5.0
Madison Park: 5 Days per wk , Feb 1St to July 15th
3 Day per wk, July 16th to Jan 31St
Memorial Park: 5 Days per wk, Feb 1St to July 15th
1 Day per wk July 16th to Jan 31 st
Morrison Park: 3 Days per wk, Feb 1St to July 15th
1 Day per wk July 16th to Jan 31 St
Portola Park: 3 Days per wk, Feb 1St to July 15th
1 Day per wk, July 16" to Jan 31 st
Riverview Park: 5 Days per wk, Feb 1St to July 15th
3 Day per wk, July 16th to Jan 31st
Rosita Park: 5 Days per wk, March 1St to July 30th
1 Day per wk, July 30th to Feb 28"
Santiago Park: 5 Days per wk Year round
Thornton Park: 5 Days per wk Year round
Windsor Park: 3 Days per wk Feb 1St to July 15th
1 Day per wk July 16th to January 31st
Field Composition Mix ( Brickdust) To Be Used When Maintaining In- fields.
4.1 Field In General
4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana
ball field, the specific type of material to be used is: Pro Gold Infield
Mix with stabilizer from Gail Materials (951) 279 -1095.
4.2 Pitchers Mound/Home Plate /Basepath Areas
When adding a mix with a higher clay composition material to any pitcher's
mound/home plate/base -path area, the specific type of material to be used is: Hill
Topper Home Plate and Mound Mix.
Equipment
The contractor shall provide and have "on hand" at all times during the brickdust maintenance
operation the following equipment.
5.1 Utility Vehicle
Small tight turn radios (13') vehicle designed especially for this type of work. This
vehicle shall have the capability to make circle and figure eight patterns completely
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within the skinned brickdust infield area and not trespass onto adjacent turf areas.
Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable.
5.2 Drags
5.2.1 Scarif
ying Drag: Used to scratch up or loosen up the skinned area. The
drag shall be made of heavy -duty steel capable of carrying additional
weight (`s). Digging teeth shall be hardened and pointed and be ' /z" in
diameter. Pull chain shall be included.
5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the
skinned area. The leveling drag and cutting blades shall be made of
galvanized steel. This drag shall feature cutting blades that are
adjustable and capable of cutting down dirt build -up (high spots) and
depositing dirt into holes (low spots) creating a smooth and level playing
surface. Pull chain shall be included.
5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a
daily basis and lighter /gentle movement of brickdust. This drag shall be
galvanized metal "door -mat" link. Pull chain shall be included. Drag
shall be 6' in length by 6' in width.
5.3 Other Equipment
5.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn
areas around bases, home plate and pitching mound.
5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help
prevent wet clay from sticking.
5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be
made of aluminum, 36" wide and a 6' handle.
5.3.4 Heavy Duty Shovels: Used to move material. Round/Square Point and
Scoop shovels.
5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be 3/4" to
1" top quality construction with 225 -psi working pressure. Leaks of any
kind are not permitted. Contractor shall have a minimum of 175' of hose
on hand at all times.
5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust
and push excess brickdust off turf edges.
5.3.7 Industrial Push Broom: Used to remove excess brickdust from turf
edges. Shall be 24" min. wide with heavy -duty dual weight bristles.
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5.4 Wet Conditions Equipment" (Add to equipment above)
During periods of inclement weather or when the areas are wet the contractor shall have
"on- hand" during all brickdust maintenance operations the following items:
5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or
drains. Shall be 24" to 36" wide with neoprene blade and
magnesium/aluminum head.
5.4.2 "Super Sopper ": Used to collect standing water in brickdust areas. Shall
be drum type with exterior sponge and arm holding drum.
5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust
areas. Shall be plastic with flexible piston and value.
5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water
in brickdust areas. Sopper shall be geotextile- covered sponge typical for
absorbing chemical spills.
6.0 Meetings
6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone
number to reach the contact person from the hours of 6:30am — 5:00pm, Monday —
Saturday.
6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ". This
site supervisor shall meet with staff one (1) time per week at a time and place agreed
upon by both parties for as long as the contract is in effect to discuss any
problems /concerns that may arise and any goals for the day /week.
6.3 In November of each year for as long as the contract is in effect, Contractor shall
personally meet with staff, along with the designated site supervisor, to discuss and
outline schedules for "Annual Renovations" (listed in Section 10.0).
7.0 Daily Infield Maintenance
7.1 General
7.1.1 Contractor shall remove all litter, broken glass and hazardous debris
from infield and dugout areas.
7.1.2 Contractor shall keep brickdust and dugout areas in a weed free
condition.
7.1.3 Contractor shall hose and /or sweep and hose out all dugouts so they are
100% free of brickdust or any other debris.
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7.2 Maintenance Procedure
7.2.1 Retain smooth and level playing surface, using the following daily
procedure. The contractor shall remove all bases before beginning any
work on in -field and re- install after all work on in -field is completed.
7.2.2 After removing all bases, the contractor shall scrape /wire brush all base
post anchors and base inserts. This will help facilitate the base removal
and installation.
7.2.3 The Contractor shall rake /shovel loose material from high spots back
into low spots /worn areas on running paths, sliding zones, and any other
low spots /worn areas appearing on the field before any watering or
dragging shall take place
7.3 Home Plate Area/Batters Box Area Holes
7.3.1 Sweep/Rake away all loose brickdust.
7.3.2 Wet area until moist.
7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the
mix bind better.
7.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency.
Do not use infield mix for this purpose.
7.3.5 Backfill "mound -mix" material into hole(`s).
7.3.6 Tamp the area firmly with steel tamp.
Note: The tamp will be most effective if you cover the bottom
with plastic. Tape the plastic to the tamp handle. The
plastic keeps the clay from sticking to the tamp's bottom.
7.3.7 After tamping and compacting the "mound mix" covers areas with
infield brick dust.
7.4 Pitcher's Mound
7.4.1 Follow same procedure for repair of home plate/batters box area utilizing
dry "mound mix" for this purpose. Do not cover with infield mix.
7.4.2 Add to the above the following: Rake all loose material from bottom to
top and cover with "Mound Mix ".
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7.5 General Brickdust Skinned Infield Areas
7.5.1 After raking /shoveling loose material from high spots back into low
spots /worn areas on running paths, sliding zones, and any other low
spots /worn areas appearing on the field, the Contractor shall fill all
remaining low spots with new Gail Materials "Pro Gold with Stabilizer"
brickdust from stock and make level.
7.5.2 The contractor shall clean all excess brickdust beneath or next to the
backstop, dugout chain link fencing and/or infield chain link fence lines
so that the infield brickdust is level with the dugout pavement and
pavement outside the infield.
7.5.3 Lightly water entire infield before dragging.
Note: Watering shall penetrate brickdust to a minimum depth of
1/8" deep min. This process is crucial to keeping
brickdust in place and not going air borne.
7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or
finishing drag ". Circular or figure eight drag patterns shall be used (see
details 1 -A & 1 -B). Alternate drag patterns or reverse direction of drag
patterns daily to avoid ruts and high/low areas. Speed of drag procedure
shall not exceed 7 mph.
7.5.5 When dragging the skinned infield, the contractor shall stay away from
all turf edges a minimum of 18 ". This will help in avoiding lips at
brickdust/turf edges. This 18' gap shall also apply to all backstops and
chain link fence areas.
7.5.6 Contractor shall hand rake all base paths on combination turf/brickdust
infields.
7.5.7 When the dragging process is complete, the contractor shall stop the drag
in a different location daily. This will stop the accumulation of brickdust
in focused areas. At this time roll -up the drag, place it on the vehicle and
remove all debris accumulated in the drag at this snot and rake out
material emptied from drag.
7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming
rake ". The rake shall be held at an angle as to not push brickdust
onto /into turf areas.
7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust
on the turf edges utilizing a high pressure water nozzle or heavy duty
broom. NO brickdust shall be permitted on the turf edges at any time.If
in the determination of City staff, an unsafe lip situation exists (an unsafe
lip is '' /z" or greater) in any turf/brickdust border area infield to brickdust,
base -paths or brickdust to outfield), contractor will be required to
40
19C -42
remove or level the soil build -up with a sod cutter and re- establish the in-
field boundaries with a string line or suitable method and re -sod up to the
border to remedy the situation at contractors expense. Pre - existing
conditions shall be corrected during contract start-up.
7.6 Final Watering
7.6.1 This is the most time consuming and a very important element of the
procedure.
7.6.2 The contractor shall final water the skinned brickdust to a depth of '/4"
minimum.
8.0 Rainy Weather /Wet Field Procedure
8.1 On the next scheduled working day after a rainfall, the following procedure, in the order
listed, shall be adhered to:
8.1.1 Remove all standing water from low spots either by skimming off excess
water and spreading it out to dry areas or using a pump /sopper system.
8.1.2 Rake out (scarify) wet areas.
8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials
from stock to all Wet Areas and Rake Out.
9.0 Work to be Completed `BI- MONTHLY"
9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag
built up amounts of materials at high spots and cut and level drag the scarified material
to low spots. The Contractor shall fill any remaining low spots with new Gail Materials
"Pro Gold with Stabilizer" brickdust from stock and make level.
Note: Staff shall identify areas to scarify /cut and level drag to
the contractor at weekly meetings with contractors
appointed site supervisor (as per section 6.2 of contract).
9.2 Heavy water scarified and cut and leveled areas to a ' /2" min. depth and allow settling in
before play on field.
Note: Due to heavy watering and its need to settle before play,
staff shall provide a schedule of bi- monthly scarify /cut
and level drag dates to contractor.
10.0 Work to be Completed "ANNUALLY"
10.1 Each year, the following renovation is to be done on all fields in conjunction with the
City's Annual Sports Turf Renovation Schedule. Fields renovated may change from
year to year.
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10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify
drag built up amounts of materials at high spots and cut and level drag
the scarified material to low spots. The Contractor shall fill any
remaining low spots with new Gail Materials "Pro Gold with Stabilizer"
brickdust from stock and make level.
Note: Staff shall identify areas to scarify /cut and level drag at
the November meeting with contractor's owner (as per
section 6.3 of contract).
10.1.2 Contractor shall verify all base distances, pitching rubber distances and
pitching mound heights per the Little League, Pony /Colt League
specifications for each specific field. Contractor shall repair any
specifications not being met on any field.
10.1.3 In addition, contractor shall install 1/2" new Gail Materials "Pro -gold
with Stabilizer" (brickdust) to in- fields at all diamonds (minimum 26
tons per Girls Softball/Major Little League Field and minimum 40 tons
per Junior /Senior Little League Field). Also, the contractor shall install a
minimum of 1 ton of Turface calcite clay per Girls Softball/Major Little
League Field and 2 tons of Turface calcite clay to Junior /Senior Little
League Fields Responsibility for and purchase of necessary materials
shall be at contractor's expense.
Note: The City has the right to move brickdust and Turface
materials to other infields under this agreement should
they decide that an infield or infields do not require
additional materials a particular year.
11.0 Work To Be Completed "AS DIRECTED"
11.1 Replace Base ANCHORS as directed.
Note: City of Santa Ana use's the Roger's Breakaway base
anchoring system. Contractor shall install base anchors
into the ground per manufacturer's standards. Top of
stake shall be approximately 2" below the surface grade
so that the base sits level and flush against the surface on
all sides.
11.2 Replace Bases as directed.
Note: City of Santa Ana shall be responsible for supplying all
necessary base anchors and/or bases to the contractor as
needed.
11.3 Replace or Remove /Level /Re- Install home plates as directed.
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11.4 Replace or Remove /Level/Re- Install pitching rubbers as directed.
Note: City of Santa Ana shall be responsible for supplying all
necessary home plates and/or pitching rubbers to the
contractor as needed.
11.5 When given direction to complete "as directed" work, contractor shall complete the
directed work on the next working day.
12.0 Infield Turf Maintenance
12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36"
beyond the infield brickdust skin line /arc. Infield turf shall be mowed two (2) times
per week on Monday and Friday.
12.1.1 Contractor shall use a "greens" reel mower to provide "putting green"
quality finish cut.
12.1.2 Infield turf shall be cut between '' /z" and 3/4" per staff's direction.
12.1.3 All turf clippings shall be collected and disposed of.
12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving
water. Over watering will not be acceptable.
12.2.1 Contractor shall check and program the automatic irrigation controller
minimum one time per week.
12.2.2 Contractor shall provide any areas of the turf supplemental watering
using a garden hose on an as needed basis to assure a high quality turf
infield.
12.2.3 Infield turf shall be fertilized two (2) times per year in the first week of
January and April per the agronomic plan.
12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical
broadcaster. No hand distribution will be allowed.
12.2.5 Immediately following fertilization the Contractor shall water in the
fertilizer to avoid chemically "burning" the turf.
12.3 Infield turf shall be aerated using a walk behind piston type aerator as often as deemed
necessary by Staff.
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12.4 Infield turf shall be kept weed free at all times.
12.4.1 Any grasses other than the original hybrid Bermuda installed in the
infield shall be eradicated immediately upon notice. The Contractor may
choose the method of eradication, however, may not damage the turf.
12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The
Contractor may choose the method of eradication, however, may not
damage the turf.
12.5 Infield turf shall be kept free of disease and rodents at all times.
12.5.1 The Contractor shall be responsible for identifying and treating any
diseases or rodents immediately upon notice.
12.6 Infield turf annual renovation
12.6.1 Each year the infield turf shall be renovated: 1) verticut using the greens reel
mowers straight blade reels; 2) mowed to 1/4" high immediately following
verticutting; 3) overseeded with Stovers Seed Company Sahara Dunes at a rate
of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately
following seeding by Materials using "Santa Ana Top Dress Mix."
13.0 General Contract Provisions
13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the
work outlined in the contract. There will be no available storage for equipment.
Contractor will be responsible for bringing in and then removing all equipment
necessary to carry out the work outlined in the contract.
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ATTACHMENT 2
ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION
Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form
of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator
may adjust this if adequate organic matter is already present in the soil but the successful bidder must
be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise
25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8"
depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio
of 1:2:1, l:l:l, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive
vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to
maintain a robust appearance and maximum flowering. After incorporating organic material and other
supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material
must be removed from the bed.
During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding
soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make
the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it
was growing in the container. Smooth out the soil around the plants after planting, including
footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper
for larger pots).
Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent
basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free
condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must
be in a straight alignment at the time of planting. Plant species that may be planted at different times
of the year may include but not be limited to the following annual bedding plants:
• Spring /Summer — April through October 1
Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens,
Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias
• Fall /Winter
Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus
Vandalism
Contractor shall check annual color beds daily (Monday through Friday). If plants are missing
or vandalized, the Contractor shall provide the City's representative with a proposal to replace
missing/damaged plants. After the City's Representative signs the proposal, the Contractor
shall then replant/replace missing/damaged plants within 48 hours.
The City's contract administrator shall be the sole judge of whether the above specifications are
met. The contract administrator shall also approve the types and combinations of color bedding
plants prior to installation.
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19C -48
ATTACHMENT 3
TREE PRUNING SPECIFICATIONS
1.0 INTRODUCTION
Trees and other woody plants respond in specific and predictable ways to pruning and other
maintenance practices. Careful study of these responses, has led to pruning practices, which
best preserve and enhance the beauty, structural integrity, and functional values of trees.
In an effort to promote practices, which encourage the preservation of tree structure and health,
the following policies have been established. These specifications are presented as working
guidelines, recognizing that trees are individually unique in form and structure, and that their
pruning needs may not always fit strict rules.
1.01 OVERVIEW OF SPECIFICATIONS
Any tree work performed in the City of Santa Ana Park and Recreation Facilities ( SAPRF)
must be done according to the SAPRF specifications. There are different criteria for pruning
depending on the purpose for the pruning.
a. Complete Prune Specifications are used when circumstances deem the entire tree needs to
be fully pruned.
b. Safety Prune Specifications require less pruning and are used when specific, possibly
hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety
pruning may be recommended in some circumstances instead of a complete prune. Safety
pruning specifications are used for "as needed" pruning as outlined above and address only
safety concerns. Safety pruning includes only the basic requirements and does not include
the fine pruning detail work outlined in a complete prune.
c. Power Line Clearance Prune (PLC) Specifications are used for private tree power line
clearance work and for street tree (PLC) pruning when the tree is pruned between its
periodic complete pruning cycles.
d. Palm Pruning Specifications are used when pruning any type of palm.
All specifications are based on International Society of Arboriculture, National Arborist
Association and American National Standards Institute criteria. This guarantees that SAPRF
trees receive the best possible care.
1.02 GENERAL REQUIREMENTS
The following requirements shall be used during any pruning work to be performed on SAPRF
trees:
a. Proper disposal of all tree debris generated.
b. Assuring good traffic control and minimize disruption of the public.
c. Assuring adequate safety of employees and the public.
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19C -49
Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized
SAPRF representative. Contact Mike Lopez, Sr. Park Services Supervisor at (714)571 -4212
Office or (714) 231 -6112 cell phone.
1.03 CERTIFIED ARBORIST
The Contractor shall employee a full -time, permanently certified arborist, as accredited by the
International Society of Arboriculture. This person is responsible for ensuring that the
Contractor's crews are performing work according to SAPRF specifications.
1.04 SPECIFIC TREE PRUNING SPECIFICATIONS
a. All persons performing tree work on SAPRF trees must be trained according to tree care
standards accepted by the International Society of Arboriculture.
b. All persons performing tree work on SAPRF trees in or around primary electrical lines
must be trained to do so according to the "Electrical Safety Orders" of the State of
California, including all amendments and revisions.
c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal
thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts
shall be considered proper only when such remaining limb is vigorous enough to maintain
adequate foliage to produce wood growth capable of callusing the pruning cut so affected
within a reasonable amount of time.
d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest
possible covering of the wound by natural callus growth. Flush cuts, which produce large
wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be
removed.
e. Tree limbs shall be removed and controlled in such a manner as to cause no damage to
other parts of the tree, or to other plants or property.
f. All tools used on a tree known to contain an infectious tree disease shall be properly
disinfected immediately before and after completing work on such tree. All major diseases
and/or pest problems shall be promptly reported to an authorized SAPRF representative.
g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final
cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches
in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted
on any trees six (6) inches in diameter or less. This is to prevent any unnecessary
abrasions to cambial tissue that may predispose a tree to insect and/or disease problems.
h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in
one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2)
feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent
unnecessary tearing back of the bark and wood. Such cutting back shall not include the
removal of any live, healthy limbs in excess of six (6) inches in diameter without prior
approval from an authorized SAPRF representative.
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No more than twenty five (25) percent of the live wood may be removed from the crown
of any tree, without approval of an authorized SAPRF representative, excepting live oaks,
which are limited to no more than ten (10) percent. Resulting in keeping as much of the
crown of the tree as possible.
j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree
growth shall be removed immediately.
k. Any defective or weakened trees shall be reported to an authorized SAPRF representative.
Specifically, any structural weakness of a tree, decayed trunk or branches, shall be
reported in writing, noting the location of the tree by street address and a description of the
hazard found in the tree.
The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except
palms that are more than sixty -five (65) feet in height.
m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved
and protected whenever feasible, unless doing so would create a hazard.
1.05 COMPLETE TREE PRUNING SPECIFICATIONS
Complete tree pruning shall consist of the total removal of dead or living branches that may
threaten the future health, strength and attractiveness of trees. Specifically, trees shall be
pruned in such a manner as to:
a. Prevent branch and foliage interference with requirements of safe public passage. Over
street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of
the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public
sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be
irreparably damaged by such pruning action.
b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter
or larger.
Remove all broken or loose branches.
d. Remove any live branches, which interfere with the tree's structural strength, and healthful
development, which will include the following:
1) Branches, which rub and abrade a more important branch.
2) Branches of weak structure, which are not important to the framework of the tree.
3) Branches, which if allowed to grow, would wedge apart the junction of more
important branches.
4) Branches forming multiple leaders in a single leader type tree.
5) Branches near the end of a limb, which will produce more weight or offer more
resistance to wind than the limbs are likely to support.
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6) Selective removal of undesirable sucker and sprout growth paying specific attention not
to nick or damage the sprout "burl ".
7) Selective removal of one or more developing leaders where multiple branch growth
exists near the end of broken or stubbed limbs.
8) Selective removal of limbs obstructing buildings or other structures or traffic signs.
Generally, limbs closer than five (5) feet to a building or other structure should be
removed unless doing so would severely damage a tree.
9) Removal of branches, which project too far outward beyond an otherwise symmetrical
form.
e. Cut back ends of branches and reduce weight where excessive overburden appears likely
to result in breakage of supporting limbs.
f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground
level. Exceptions are allowed for young trees, which would be irreparably damaged by
such pruning action.
g. Obtain a balanced appearance when viewed from the opposite side of the street
immediately opposite the tree, unless authorized by an SAPRF representative to do
otherwise.
h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed
without injury to said trees.
i. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3)
to five (5) feet of secondary electrical lines.
j. Clear all branches that interfere with telephone, cable and other utility lines within one (1)
foot of lines, wherever feasible.
1.06 SAFETY TREE PRUNING SPECIFICATIONS
Safety tree pruning shall consist of the total removal of dead or living branches that may
menace the future health, strength and attractiveness of trees. Specifically, trees shall be
pruned in such a manner to:
a. Prevent branch and foliage interference with requirements of safe public passage. Over
street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of
the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public
sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be
irreparably damaged by such pruning action.
b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or
more.
c. Remove all broken or loose branches.
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d. Removing any live branches, which interfere with the tree's structural strength and
healthful development, will include the following:
- Limbs of weak structure or otherwise hazardous.
- Selective removal of limbs obstructing buildings or other structures or traffic signs.
Generally, limbs closer than five (5) feet to a building or other structure should be
removed unless doing so would severely damage a tree.
- Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above
ground level. Exceptions are allowed for young trees, which would be irreparably
damaged by such pruning action.
1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS
When trees are in the proximity of overhead energized lines and equipment, reliability of
service, safety, and governmental standards require a reasonable amount of tree pruning to
avoid conductor contacts and grounding of circuits through the trees. Power line clearance
pruning, therefore, shall consist of the removal of tree branches for proper electric line
clearance in order to minimize the likelihood of power outages and improve safety.
Specifically, trees shall be pruned in such a manner as to:
a. Clear all branches and foliage within ten (10) feet of primary electrical lines.
b. Clear all branches that interfere with secondary electric lines within three (3) to five (5)
feet.
c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning
Trees Near Electric Utility Lines as a guide.
During the tree pruning process, all safe minimum working distances for energized conductors
shall be observed. These clearances are defined under ANSI Z133.1 -1994. Current ANSI
specifications will supersede these requirements when they take effect. Any contact with
energized lines shall be promptly reported to an authorized SAPRF representative.
Access to backyards must be closely coordinated with the property owner, whenever feasible.
Spikes may be used for PLC pruning on palms or other trees only when needed for proper
safety reasons.
1.08 PALM PRUNING SPECIFICATIONS
Palm pruning shall include, but not be limited to, the pruning of the following palms (Syagrus
romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix
Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera
(California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications.
a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond
sheaths shall be removed along the entire length of the palm trunk.
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b. The removal of all flowers and fruit parts whether dead or alive.
c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting
palms that are more than sixty -five (65) feet in height.
d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species.
The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple)
appearance. The shape shall not exceed a minimum of forty -eight (48) inches or a
maximum of sixty- (60) inches length below the green fronds. The trunk when pruning
operations are complete shall be left in a clean, unscathed appearance throughout the entire
length of the palm trunk. Canary Island date palms shall be pruned using a sterilized
handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree.
e. All volunteer palm seedlings must be removed that are growing within the streets,
parkways, or setback dedicated areas.
1.09 UNACCEPTABLE PRUNING
The following procedures, or others that will result in tree decline, are not allowed (storm
damage and other extenuating circumstances exempted):
a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat
racking.
b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the
branch collar and branch bark ridge.
c. Stub cutting where branch removal results in the base of branch removed protruding more
than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark
ridge.
d. Removal of a healthy main leader, for reasons other than power line clearance.
e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or
SAPRF standards.
1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Should any structure or property be damaged during the tree pruning operations, the persons
conducting the work shall immediately notify the proper owners and an authorized SAPRF
representative. Repairs to property damaged by the responsible party shall be made within
forty -eight (48) hours, except utility lines, which shall be repaired the same working day.
Repairs on private property shall be made in accordance with the appropriate building code
under permits issued by the City of Santa Ana. Any damage caused by the Contractors
employees shall be repaired or restored by them at their expense to a condition similar or equal
to that existing before such damage or injury, or they shall repair such damage in a manner
acceptable to the City of Santa Ana and /or SAPRF. Special attention is drawn to sprinkler
systems in City landscapes and the need to avoid damage. All damage to irrigation systems
shall be repaired as soon as possible at Contractors expense.
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1.11 WORK PERFORMED ON PRIVATE PROPERTY
No SAPRF contracted tree worker shall perform work upon private property without the
written consent of the property owner and an authorized SAPRF representative.
1.12 PUBLIC SAFETY AND COOPERATION
All tree work shall be conducted in a manner as to cause the least possible interference with, or
annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work
areas only under conditions of safety and with as little inconvenience and delay as possible.
Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve
to coordinate safe operations on the ground at all times when work operations are in progress.
a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or
property, such sections shall be secured by ropes and lowered safely to the ground in a
controlled manner.
b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation
field controllers and similar facilities must remain accessible during the course of work.
Noise levels, resulting from tree work operations, must be kept to a minimum at all times.
All tree work operations are subject to compliance with all local Noise Restrictions.
Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and
7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday).
Emergencies are exempt from any time restrictions.
d. All tree work done to SAPRF trees must comply with all tree related safety requirements as
stated in the safety standards ANSI Z133.1 -1994 of the American National Standards
Institute, Inc. 1430 Broadway, New York, NY 10018.
1.13 SITE CLEANUP
Cleanup of any debris resulting from any tree pruning operations shall be promptly and
properly accomplished. The work area shall be kept safe at all times until all operations are
completed. Under no circumstances shall the accumulation of debris be allowed in such a
manner as to result in a hazard to the public. All debris from tree operations shall be cleaned
up each day before the work crew leaves the site, unless permission is given by an authorized
SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall
be raked and/or blown clean, and all brush, branches, or other debris shall be removed from the
site. Areas are to be left in a condition equal to or better than that which existed prior to the
commencement of tree pruning operations.
All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed
of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal
expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on
property only at the direct and specific request of the owner and an authorized SAPRF
representative. Firewood four (4) inches diameter or larger will be left at the work location in a
safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood
four (4) inches of diameter or larger) must be authorized by an SAPRF representative.
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1.14 TIME FOR COMPLETION
If awarded this project, the Contractor agrees to complete the work within the time parameters
jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement,
unless specific time deadlines are specified elsewhere in these specifications. Once the work
has commenced, the Contractor shall diligently prosecute the same to completion.
1.15 SUBCONTRACTORS
Subcontractors used in the performance of this project shall be listed in the Contractors Bid
Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to
perform work of this specialty and hold a valid business permit and certificate of insurance
with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by
him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from
the project upon the request of the SAPRF and shall not again be employed on the project. The
Contractor shall be held liable for the correction of any deficient work.
1.16 ADDITIONS AND /OR DELETIONS OF WORK
The SAPRF representative reserves the right to add and/or delete tree work on this project as
deemed necessary and in the best interest of the SAPRF. Additions and /or deletions shall be
made at the unit price accepted by SAPRF upon award of contract.
1.17 INSPECTIONS
An authorized SAPRF representative will inspect the work performed by the contractor to
insure completion of the pruning in accordance with SAPRF Pruning specifications. Should
more than two (2) inspections be required on trees needing additional work, the contractor will
be billed for SAPRF staff time.
1.18 BILLING
Contractor shall submit a fully itemized bill listing each tree noting:
a. Address (each tree).
b. Type of tree.
c. Date completed.
d. Person completing the job.
e. Location of tree (front, side right, side left, rear)
2.00 CONTRACTOR QUALIFICATIONS
All contractors are required to have a valid appropriate state contractor's license, current City of
Santa Ana business license, City Attorney approved certificate of insurance and be
knowledgeable in tree pruning and tree care prior to the commencement of any and all work.
2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
The current edition of the "Green Book ", Standard Specifications for Public Works
Construction and it's updates, supplements and local addendums, shall be included as part of
these specifications, unless otherwise directed in these specifications.
2.02 PROTECTION OF EXISTING FACILITIES AND STRUCTURES
The Contractor shall exercise due care in protecting from damage all existing facilities,
structures, and utilities, both above surface and underground on the City's property. Any
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damage to City, SAPRF, or private property caused by the Contractor's neglect shall be
corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The
City of Santa Ana and /or SAPRF shall make the determination of fault. The SAPRF
representative reserves the right to issue a Stop Work Notice if the Contractor does not
promptly repair any damage, within twenty -four (24) hours of the damage incurred.
If the SAPRF representative requests or directs the Contractor to perform work in a given area,
it will be the Contractor's responsibility to verify and locate any underground systems (i.e.
utility lines) and take responsibility for taking reasonable precaution when working in these
areas.
Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to
digging for line locations. Any damage or problems shall be reported immediately to the
SAPRF representative and the City of Santa Ana. If the Contractor discovers something
unexpected or a unique problem occurs, he should stop work and immediately contact an
authorized SAPRF representative for a timely resolution of the problem.
2.03 CONTRACTOR'S STAFF
The Contractor shall provide sufficient personnel to perform all work in accordance with the
specifications set forth herein. A qualified, English speaking supervisor in the employ of the
Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available
at all times to the SAPRF representative during work operations. The responsibility for all
work performed will remain with the full -time certified arborist.
The Contractor shall furnish the necessary competent and key personnel to properly supervise
and direct the work of fully equipped, competent and experienced crews as well as all safety
equipment, including but not limited to, all equipment and work procedures required by ANSI
Z133.1 -1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary
clerical and office work required in the performance of the contract.
The Contractor shall be responsible for the supervision of all of his crews. He shall check all of
his crews regularly for proper quantity and quality of work, proper maintenance of tools and
equipment, and safety.
2.04 SUBSTITUTIONS
Whenever a specific type of material is specified, no substitutions shall be allowed without
written consent of the SAPRF representative.
2.05 CERTIFICATION OF MATERIALS
All materials shall be delivered on the site in original containers. Materials shall be subject to
inspection by the ARMD representative. The SAPRF representative will not approve materials
not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items
at his/her cost.
2.06 CONTRACTOR NEGLECT
Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined
to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of
Santa Ana or the SAPRF.
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2.07 HOURS OF OPERATION
The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday
through Friday. No work shall be performed on weekends or on City recognized holidays
without written SAPRF approval.
2.08 SPECIFICATIONS AND PLANS
The work performed shall be done in accordance with the Standard Specifications for Public
Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case
of conflict between the Standard Specifications and this Specification, this Specification shall
take precedence over and be used in lieu of such conflicting portions.
Where the plans or specifications describe portions of work in general terms, but not complete
detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise
specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and
do all the work involved in executing the contract.
2.09 _CONSTRUCTION EQUIPMENT
The Contractor shall take all necessary precautions for safe operation of his equipment and the
protection of the public from injury and damage from such equipment.
2.10 SOUND CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations and
ordinances that apply to any work performed pursuant to the Contract. Each internal
combustion engine used for any purpose on the job or related to the job shall be equipped with
a muffler of a type recommended by the manufacturer of such equipment. No internal
combustion engine shall be operated on the project without said muffler. Full compensation for
conforming to the requirements of this section shall be considered as included in the prices paid
for the various contract items of work involved and no additional compensation will be allowed
therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels
so as to not disturb the general public.
2.11 TRAFFIC CONTROL
The Contractor shall notify the SAPRF representative of intent to begin the contract work at
least five (5) days before work is begun. The Contractor shall cooperate with local authorities
relative to handling traffic through the areas and shall make arrangements relative to keeping
the working area safe and clear of vehicles.
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether
empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area
protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000
Edition.
The Contractor shall make every effort to keep commercial driveways open during working
hours. Should this not be possible, Contractor shall coordinate with the property owners
affected to insure that designated times of ingress and egress is available. After working hours,
all driveways shall be accessible with smooth and safe crossings through any construction area
(State of California Traffic Manual).
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2.12 INQUIRIES AND COMPLAINTS
The Contractor shall maintain an office at some fixed place and shall maintain a telephone
thereat, listed in the telephone directory in his own name or in the firm name by which he is
most commonly known. Furthermore, the Contractor shall, at all times, have some responsible
person(s), employed by the Contractor, to take the necessary action regarding all inquiries and
complaints that may be received from the City of Santa Ana, SAPRF, and /or private citizens
during normal working hours.
Whenever immediate action is required to prevent impending injury, death or property damage
to the facilities being maintained, the SAPRF representative may, after reasonable attempt to
notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any
such action shall be charged against the Contractor, or the SAPRF may deduct such cost from
any amount due to Contractor from SAPRF.
All complaints shall be abated as soon as possible after notification, to the satisfaction of the
City of Santa Ana and /or SAPRF. If any complaint is not abated within a reasonable time, the
SAPRF representative shall be notified immediately of the reason for not abating the complaint
followed by a written report to the SAPRF representative within five (5) days. If the
complaints are not abated within the time specified or to the satisfaction of the SAPRF
representative , the SAPRF representative may correct the specific complaint and the total cost
incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor
from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem
and appropriate overhead charges.
2.13 NOTIFICATION OF LOCATIONS OF WORK
The Contractor shall notify the SAPRF representative when the contractor's crews will be
working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell
phone, fax, or by weekly written schedules which specify the entire weeks work locations.
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ATTACHMENT 5
MAPS
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19C -62
ATTACHMENT 6
GpTiON �
M
a ri,
City of Santa Ana
Parks, Recreation, and Community Services Agency
Policy for Driving on Park Property
Purpose: The purpose of this document is to establish a policy for when it is appropriate for City
employees, contractors, and other organization employees to drive on park turf, paved areas and other
surfaces.
Policy: Driving on park turf is allowed only when necessary to perform an official City maintenance
or business function, and under the following circumstances:
A. When delivering over 30 lbs. of equipment or supplies to a job site
B. When there is no improved surface within 40 yards of the worksite
C. When emergency personnel are responding to an emergency, or performing other City business
When driving on park turf, employees and contractors must, to the best of their ability, avoid damage
to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other
park amenities.
D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of
the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will
meet with the employee or contractor and designate the path in and out of the park that will be
the least likely to cause damage.
E. Employees and contractors must avoid driving on turf any time damage is likely. This
includes periods after rain and heavy watering.
F. Driving on designated DG pathways and other improved pathways is acceptable when
performing visual inspection of park, park projects, and amenities. Driving on turf is not
acceptable in these situations.
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19C -64
EXHIBIT "B"
CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS
As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it
does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that
it is in compliance with all federal, state and local directives and executive orders regarding non-
discrimination in employment; and that it agrees to demonstrate positively and aggressively the
principle of equal opportunity in employment.
WE AGREE SPECIFICALLY:
1. To take affirmative steps to hire minority employees with the company.
2. To establish or observe employment policies within affirmative promotion opportunities for
minority persons at all job levels.
3. To communicate this policy to all persons concerned, including all company employees,
outside recruiting services, especially those servicing minority communities, and to the
minority communities at large.
COMPANY
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs
now in effect within your company.
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19C -66
EXHIBIT "C"
SAMPLE ADDITIONAL INSURED ENDORSEMENT
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy #
relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers,
employees, agents and representatives are named as additional 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 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 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
the endorsement form as part of
Name Insured
Countersigned by
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EXHIBIT "D"
SAMPLE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2007 by
(hereinafter "Contractor "), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution and laws of the
State of California (hereinafter "City ").
RECITALS
A. The City desires to retain a Contractor having special skill and knowledge in the field of park
landscape maintenance services comparable with "high- level" industry practice.
B. Contractor represents that Contractor is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional "high- level" contractor in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Contractor shall perform those services as set forth in the RFP specifications (Exhibit "A"
hereto) and all attachments thereto, as well as the Contractor's Proposal attached to this
Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or
Attachments hereto, the terms of this Agreement shall prevail followed by the provisions of
Exhibit A.
2. CITY INSPECTION
The Director or his designated representative shall regularly inspect the parks, playgrounds,
fields and all other City property subject to this Agreement. If said inspection results in
discovery of work that is not performed in the agreed manner, and to the professional degree
set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's
next monthly payment, the City's cost of performing the work to bring the property into
conformance with the Specifications. Additionally, City shall impose liquidated damages of up
to $300.00 per inspection, per park not meeting the Specifications during any such inspection.
3. COMPENSATION
A. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates
and charges identified in Exhibit F. The total sum to be expended under this Agreement, shall
not exceed the annual amount of $ during the term of this Agreement.
B. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made
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for work which fails to meet the standards of performance set forth in the Recitals which may
reasonably be expected by City or as otherwise provided in Exhibit A.
4. TERM
This Agreement shall commence on the date first written above and terminate on
unless terminated earlier in accordance with Section 12, below. Additionally, the City may
terminate this Agreement if the Santa Ana City Council fails to approve funding for the
Agreement for any fiscal year covered herein. This Agreement may be renewed for up to three
additional one -year terms in an annual amount not to exceed $ . Such renewal(s)
shall be in a writing executed by the Executive Director of the Parks Recreations and
Community Services Agency and the City Attorney.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer - employee relationship, a joint venture relationship, or to allow
the City to exercise discretion or control over the professional manner in which Contractor
performs the services which are the subject matter of this Agreement; however, the services to
be provided by Contractor shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Contractor shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to its
employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
A. Commercial General Liability Insurance. Contractor shall maintain commercial general
liability insurance naming the City, its officers, agents, volunteers, and employees as additional
insured(s) and shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting there from and damage to property, resulting
from any act or occurrence arising out of Contractor's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of insurance
shall be not less than the following: single limit coverage applying to bodily and personal
injury, including death resulting there from, and property damage, in the total amount of
$1,000,000 per occurrence. Contractor shall supply City with a fully executed additional
insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon
execution of this Agreement. Said endorsement shall be approved in form by the City
Attorney.
F. 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.
G. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of
the Labor Code, Contractor is required to be insured against liability for worker's compensation
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or to undertake self - insurance. Prior to commencing the performance of the work under this
Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
H. The following requirements apply to the insurance to be provided by Contractor pursuant to
this section:
(i) Contractor shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
F. If Contractor fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election, to
forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be
paid for its time and materials expended prior to notification of termination. Contractor waives
the right to receive compensation and agrees to indemnify the City for any work performed
prior to approval of insurance by the City.
7. INDEMNIFICATION AND HOLD HARMLESS
Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees,
contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, lost profits, restitution, judicial or equitable relief or any other
type of damage whatsoever arising out of claims for the same, which may arise from the direct
or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates in any way to the services provided by
Contractor under this Agreement; and (2) from any claim that personal injury, damages, just
compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage
whatsoever is due by reason of the terms of or effects arising from this Agreement or of the
Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all
claims for damages, just compensation, restitution, lost profits or any other judicial or equitable
relief or damages suffered, or alleged to have been suffered, by reason of the events referred to
in this Section or by reason of the terms of, or effects, arising from this Agreement. The
Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the
City, including fees and costs for special counsel to be selected by the City, relative to any
action by a third party challenging the validity of this Agreement, or asserting that personal
injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any
other type of damage whatsoever has arisen by reason of the terms of, or effects arising from
this Agreement or Contractor's actions hereunder. City may make all reasonable decisions
with respect to its representation in any legal proceeding.
63
19C -71
8. CONFIDENTIALITY
If Contractor receives from the City information which, due to the nature of such information,
is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall
not use or disclose such information except in the performance of this Agreement, and further
agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include
all nonpublic information. Confidential information includes not only written information, but
also information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is
covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not
apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful
possession of the Contractor without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Contractor without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first
class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
telefacsimile (714) 647 -6956
With courtesy copies to:
Executive Director of Parks, Recreation and Community Services
City of Santa Ana
20 Civic Center Plaza (M -23)
P.O. Box 1988
Santa Ana, California 92702
64
19C -72
and
To Contractor:
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -6515
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24)
hours after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state,
County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive agreement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties.
In the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Contractor. The parties
agree that any terms or conditions of any purchase order or other instrument that are
inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate
neither Contractor nor the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by
any party, or anyone acting on behalf of any parties, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the
prior written consent of the City and any such assignment, transfer, delegation or subcontract
without the City's prior written consent shall be considered null and void. Nothing in this
Agreement shall be construed to limit the City's ability to have any of the services which are
the subject to this Agreement performed by City personnel or by other Contractors retained by
City.
13. TERMINATION AND DAMAGES
This Agreement may be terminated by either party upon ninety (90) days written notice of
termination. In the event of termination by the City, Contractor shall be entitled to receive and the
City shall pay Contractor compensation for all services performed by Contractor prior to receipt of
such notice of termination, subject to the following conditions:
65
19C -73
A. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement and in the Specifications, Exhibit "A" hereto.
B. Material Breach: If the Director determines the Contractor has failed in the
performance of the duties and /or schedule as provided herein, the Director may consider
the Contractor in material breach. City may exercise all remedies in law or equity for
said breach including, but not limited to: 1) withholding all or a portion of payment
owed relative to any such failure to perform or for any delay in performance, and 2)
directing the work be accomplished by either City employees or a new contractor at
Contractor's expense, as determined by the Director. Contractor shall be responsible
for all costs resulting from any breach, including incidental and consequential damages
In the event of a material breach, which remains uncured after five (5) days notice to
contractor, City may terminate this agreement upon thirty (30) days written notice of
termination.
14. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in recruitment, selection, training, utilization, promotion, termination or any
other employment related activity. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought
by the parties hereto or arises out of, or in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Contractor shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability may, at the City's discretion, be cause for
termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
A Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
66
19C -74
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 HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director,
Parks Recreation and Community
Services Agency
CITY OF SANTA ANA:
DAVID N. REAM
City Manager
CONTRACTOR:
By: _
NAME)
TITLE)_
Tax ID #
67
19C -75
19C -76
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
REQUEST FOR PROPOSALS FOR
ENVIRONMENTAL SERVICES FOR
PRIVATE RESIDENTIAL DEVELOPMENT
AT 200 EAST FIRST AMERICAN WAY
%1
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the Planning and Building Agency to send a Request for Proposals to qualified
consulting firms to provide environmental services for proposed private development at 200 East
First American Way.
DISCUSSION
City staff has been in discussion with a developer regarding a development project within the
MacArthur Place site. In anticipation of a new multi - family project proposed on the site and the
necessity to comply with the California Environmental Quality Act (CEQA), staff is requesting
authorization to distribute a Request for Proposal (RFP) for environmental consulting services.
The RFP authorization is being requested in anticipation of an application submittal with a full
development description. The full cost of the environmental services will be paid by the private
developer. A Request for Proposal for consultant services was prepared in conjunction with this
project (Exhibit 1). The recommended environmental contract will be submitted for City Council
authorization after the review of proposals has been completed.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ja ' Trevino
Executive Director
Planning and Building Agency
SK:rb
Sk/reports/Mola RFP_RFCA- cc022211
Exhibit: 1. Request for Proposal
19D -1
�'J MA
REQUEST FOR PROPOSAL
FOR
PROPOSED
DEVELOPMENT LOCATED
AT 200 EAST FIRST
AMERICAN WAY
CITY OF SANTA ANA
PLANNING DIVISION, M -20
20 CIVIC CENTER PLAZA
POST OFFICE BOX 1988
SANTA ANA, CALIFORNIA 92702
Sergio Klotz, Principal Planner
(714) 667 -2796
(714) 973 -1461 Fax
sklotz @ santa- ana.org
EXHIBIT 1
1
11Li
REQUEST FOR PROPOSAL (RFP)
I. INTRODUCTION
The City of Santa Ana is requesting proposals from environmental consulting firms for preparation of
an impact study for the construction of (description to be determined) located at 200 East First
American Way, Santa Ana, CA 92707. The scope of work may include any and all work efforts
related to analysis of a proposed project for compliance with CEQA and /or NEPA (if required). This
will include preparation of required technical studies, on -call consulting on as needed basis, and
potential attendance at public hearings.
II. PROJECT DESCRIPTION
(To be determined upon project submittal into the City's Site Plan Review process.)
III. General Information
The term of the consultant will begin when the proposal is approved by the Executive Director of the
City of Santa Ana Planning & Building Agency,
A. When appropriate, the City will furnish information in its possession relevant to preparation of the
environmental documentation, including the General Plan and Zoning information.
B. The Consultant shall be responsible for retaining data, records and documentation for the
preparation of the environmental documents. These materials shall be made available to the City
upon acceptance of the final draft text or at any earlier time at the request of the City.
C. In an effort to promote the hiring and utilization of local businesses /merchants, when selecting a
consultant to perform the tasks identified in the following sections, local companies shall be given
preference, quality and prices being equal.
D. This RFP does not commit the City to pay costs incurred in preparation of a response. The City
reserves the right to accept or reject the combined or separate components of this proposal in part
or in its entirety.
E. All data, documents and other products used or developed during preparation or the
environmental documentation will become property of the City. All responses to the RFP shall
become property of the City. Applicants who wish to retrieve documents submitted as part of the
response to the RFQ may do so after Consultant selection.
F. 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.
2
19D -4
G. The City reserves the right to reject and replace any and all subcontractors, and reserves the right
to approve all subcontractors.
H. Progress review meetings shall be held at intervals deemed appropriate by the City.
COORDINATION
Coordination with the City, other consultants and agencies will be required to achieve satisfactory and
timely delivery of the final work product.
ADDENDA
Any subsequent changes in RFP from the date of preparation to date of submittal will result in an
addendum by the issuing office.
PRIME CONSULTANT RESPONSIBLITIES
The selected Consultant will be required to assume responsibilities for all services in their 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.
RULES FOR PROPOSALS
The signer of the RFP 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.
IV. Scope of Services
The Consultant shall provide technical environmental services under the direction of City staff. The
Consultant will be expected to provide experienced and knowledgeable professional staff. The
Consultants' Project Manager and staff shall be responsive and maintain excellent working
relationships with project applicant, property owners, developers and City staff. The Consultant shall
be committed to provide adequate staffing levels at all times in order to adhere to established
schedules. The Consultant shall be knowledgeable and very familiar with federal, state and local
regulations, policies and procedures as they pertain to CEQA and NEPA services provided.
Consultant services may include attendance at appropriate City Commission, City Council and
neighborhood meetings, preparation of studies and technical reports.
INITIATION /KICK OFF MEETING
If determined necessary, the consultant shall be required to discuss the project with City Staff and
applicant within two -weeks of approving proposal and receiving the notice to proceed from the City.
At that time staff and applicant will provide all information pertinent to the project.
1901-5
V. Submittal Information and Deadline
Proposals are due to the City of Santa Ana Planning Division, M -20, 20 Civic Center Plaza, P.O.
Box 1988, Santa Ana, CA 92702 (Date TBD) and made attention to Sergio Klotz at (714) 667 -2796
or can be faxed to 714 - 973 -1461. Proposals received after the date and time specified in this RFP
will be rejected by the Agency as non - responsive.
VI. Submittal Requirements
The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed
project. Each firm must address each of the following items in their response to the RFP.
A. Statement of Qualifications - In order to maintain uniformity with each Consultant, the
Statement of Qualifications must be limited to a maximum of 20 pages (excluding front and
back covers, section dividers and resumes). The page limitation includes all appendixes,
attachments and supplemental information. The following information is required:
1. Cover Letter — A letter signed by a principal or authorized officer who may make legally
binding commitments for the entity.
2. Firm and Personnel Experience: A profile of the firm's experience in producing
environmental documents. The Project Manager /Principal Agent's contact information for
the proposed work shall be identified and associates in- charge when Project
Manger /Principal Agent is absent as well as that of other key personnel. An organization
chart identifying only those who will perform work for the proposed project and their brief
resume. The project manager shall be the primary contact person to represent your firm
and will be the person to conduct the presentation, if invited for an interview. The
Consultant shall list the time availability of the project manager and the key personnel on a
percentage basis to provide the services requested. Subconsultants, if any, shall be
identified are subject to the same requirements as for the prime Consultant.
3. Submittal of Proposal
a. Three (3) copies of the RFP shall be signed by a company official with the power to
bind the company.
b. Structure your proposal to include the Scope of Services, General Time Schedule and
Fees.
4. List of projects, which your firm or personnel have completed within the last 5 years, similar
to the proposed project. Project information should include project description, year
completed, client name, along with a person to contact and their telephone number.
5. References: The Consultant shall submit a list of references comprised of a listing of work
similar to that identified in the RFP.
4
�'J e
6. Statement containing any suggestions or special concerns that the City should be made
aware of, including a project approach necessary for the successful completion of a public
project.
7. The proposal must be completely responsive to the RFP.
B. Fee Schedule
The Consultant shall furnish a fee schedule for the environmental services. The fee schedule
shall depict the hourly rates for each personnel category to be used on the project. Personnel
hourly rates shall reflect all costs for office overhead, including phones, cellular phones,
vehicles, mileage and other direct and indirect costs. This fee schedule shall reflect all
anticipated fee increases.
C. Insurance Requirements - All required insurance must be current and up -to -date in advance
and renewed annually. A consultant my not work for the City of Santa Ana until the
appropriate insurance has been provided and approved by the City Attorney. This shall be
verified by City Staff.
D. The 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.
VII. Project Control
Control of the project shall remain the total responsibility of the City of Santa Ana.
VIII.Consultant Selection
The City of Santa Ana along with the project applicant will evaluate each proposal based on
technical criteria and qualifications listed within the RFP and make a selection.
IX. 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 summary as well as a detailed breakdown of the services, the project
title, the tasks, the hours, and hourly rates.
19D -7
i Lei lilloe,�
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
NEIGHBORHOOD STABILIZATION
PROGRAM 3 (NSP 3)
CITY MANAGER
RECOMMENDED ACTION
Recommend that the City Council:
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 sc Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve a substantial amendment to the 2010 -2011 Annual Action Plan and authorize its
submittal to the U. S. Department of Housing and Urban Development.
2. Authorize the City Manager or his designee, to execute a Neighborhood Stabilization Program
3 application for grant funds in the amount of $1,464,113, subsequent grant agreement and
other necessary documents to the NSP 3 Strategy.
3. Approve an Appropriation Adjustment recognizing $1,464,113 in Neighborhood Stabilization
Program 3 grant funds and appropriating the same.
4. Authorize the issuance of a Request for Proposals for program developers.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION
At its regular meeting on February 15, 2011, by a vote of 5:0 (Bist absent), the Community
Redevelopment and Housing Commission approved the recommended actions.
DISCUSSION
The Dodd -Frank Act appropriated an additional $1 billion for a third round of Neighborhood
Stabilization (NSP 3) funds to be directly allocated to states and localities to stabilize
neighborhoods that have been impacted by foreclosed or abandoned properties. Under the terms
of the funding distribution formula established by the U. S. Department of Housing and Urban
Development (HUD), Santa Ana has been allocated $1,464,113. These funds may not be used to
assist homeowners to avoid foreclosure; rather, at minimum, the lender must have initiated the
foreclosure process on the property, or it has been abandoned.
20A -1
NSP (3)
February 22, 2011
Page 2
Fifty percent of the funds must be expended within two years of the signed grant agreement with
100% expended within three years. Consistent with prior NSP allocations, funds may be used to
benefit households with incomes up to 120% of area median income; but a minimum of 25% of
these funds, or $366,029, must be spent on activities benefitting very low- income households
(50% AMI).
Currently, Santa Ana has approximately 337 foreclosed properties and 546 properties with a
recorded Notice of Default. Due to additional constraints instituted by HUD to stabilize
neighborhoods and concentrate funds, the City is required to target an area significantly smaller
than in prior NSP applications. Careful consideration was given as to our ability to significantly
impact the foreclosure problem in different neighborhoods with the limited funds allocated in this
third round. After analyzing foreclosure data from public records and the location of homes
preserved with the first two rounds of grant funds, it is recommended that a portion of the City
identified in Exhibit 1 would greatly benefit from higher concentration of stabilization funds.
In order to receive the funds, the City must adopt a Substantial Amendment to its 2010 -2011
Consolidated Plan Annual Action Plan (Exhibit 2). The Annual Action Plan is the document
whereby the City formally applies to HUD for its annual federal grant allocations (CDBG, HOME,
ESG, and HOPWA) and describes how those grant funds will be used.
The regulations identify five allowable programmatic uses for the purchase of foreclosed or
abandoned homes:
1. Establishment of financing mechanisms such as soft seconds and shared equity loans.
2. Purchase and rehabilitation for the purpose of selling, renting or redeveloping.
3. Establishment of a land bank for the purpose of assembling, managing and ultimately
disposing of vacant land in a manner that will help stabilize neighborhoods and encourage
re -use or redevelopment of urban land.
4. Demolition of blighted structures.
5. Redevelopment of demolished or vacant properties to be used for a public purpose and /or
new construction.
The proposed NSP programs, budgets, and target goals are identified in the table below.
NSP (3)
February 22, 2011
Page 3
Program
Program
Budget
Goal
No.
# of Homes
Acquisition /Rehabilitation /Resale of Single
1
Family Homes for Low - Income Households (at
or below 50% AMI )
$366,029
1
Acquisition /Rehabilitation /Resale of Single
2
Family Homes for Low -, Moderate -, Middle -
Income Households (up to 120% AMI
$951,674
6
n/a
Administration
$146,410
N/A
Total NSP Grant
$1,464,113
The guidelines of the loan program are described in Exhibit 3.
The acquisition, rehabilitation and resale to affordable homebuyers will be undertaken by either a
non - profit or for - profit developer. This entity will be procured through a Request for Proposal
(RFP) (Exhibit 4) that will be distributed to a broad range of consultants, non - profits, and
developers. The purpose of the RFP is to solicit and select a developer to provide the complete
range of services for the successful implementation of NSP 3. They will be selected based on
experience, resources and financial capacity to effectively acquire, rehabilitate, and sell properties
to eligible homebuyers. In an effort to leverage the NSP funds, the developer will be required to
have a line of credit available for the acquisition component.
A public notice was published on January 31, 2011, in the Orange County Reporter, La Opinion
and Nguoi Viet News indicating that the draft Neighborhood Stabilization Program 3 substantial
amendment was available for review for the required fifteen days. In addition, it was posted on the
City's website.
FISCAL IMPACT
By submitting this substantial amendment to its 2010 -2011 Annual Action Plan and grant
agreement, the City of Santa Ana will be eligible to receive up to $1,464,113 in grant funds from
the U. S. Department of Housing and Urban Development. These funds will be appropriated into
the NSP 3 account (no. 14218762- various).
APPROVED AS TO FUNDS AND ACCOUNTS:
Nancy T. dwards Francisco Gutierrez
Interim E cutive Director Executive Director
Community Development Agency Finance & Management Services Agency
NTE /SLB /MA/mlr
NSP (3)
February 22, 2011
Page 4
Exhibits: 1. Map
2. Substantial Amendment
3. Program Guidelines
4. Request For Proposals
NSP 3 Target Geography
A.:
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1. NSP3 Grantee Information
NSP3 Program Administrator Contact Information
Name (Last, First)
Landry- Bayle, Shelly
Email Address
slandry-bayle@santa-ana.org
Phone Number
(714)667 -2250
Mailing Address
20 Civic Center Plaza, M -37
Santa Ana, CA 92702
2. Areas of Greatest Need
Map Submission
The map generated at the HUD NSP3 Mapping
Attachment 1.
ng Action 'F%jfLWebsite is included as
Data Sources Used to Determine Areas of Greateffleed'
�s
Describe the data sources used to detoffil
Jog the areas o need. k
Response: -
Foreclosure and Notice of Default data o peg
American Company that specialize in real e
also analyzed data of all p -"° offered b
data enabled the City - 1 areas w
highest percentage o %d- financ ° y subpr
significant rise in the raomefo� osures.
Mapping Tool website tine ,:•a� of
rst Ames . ' .CoreLogic, Inc., a subsidiary of First
motion an sis. Additionally, the City has
rnun' Ilization Trust (NCST). This
' tage of home foreclosures, the
age reia " loans, and most likely to face a
I used this data in conjunction with HUD's NS133
Determid% n -of Areas of ' :;_ atesi�d and Applicable Tiers
Describe how= reas of grea eed established and whether a tiered approach is being
utilized to determlO the distrib is of fundine.
Response:
The areas of greatest blished by means of a careful evaluation of local housing
conditions as shown by t rces identified above, and an analysis of the relative needs scores
of neighborhoods known by ...-Of'to be experiencing significant numbers of foreclosures. These needs
scores were found on HUD's NSP3 Mapping Tool website. Additionally, staff gave careful consideration
to its ability to significantly Impact the foreclosure problem in different neighborhoods with the limited
funding the City will receive through this third round of NSP funding. Staff prioritized rental housing by
first seeking to Identify foreclosure impacted rental communities that had appropriate needs scores, as
well as acgisition opportunites that could be accessed using the limited NSP3 funds the City anticipates
receiving. The City has been unable to identify such neighborhoods, and consequently will be focusing
its efforts on owner occupied single family homes. In accordance with recent communications from
HUD, the City is not using a tiered approach. It has established a single Area of Greatest Need,
NSP3 Substantial Amendment
City of Santa Ana
qjhlff;7
Page 1
3. Definitions and Descriptions
Definitions
Term
Definition
Blighted Structure
In accordance with Section 33031 of the California Redevelopment Law, the
City of Santa Ana will define blighted structures in the following way:
"Buildings in which it is unsafe or unhealthy for persons to live or work.
These conditions may be caused by serious building code violations, serious
dilapidation and deterioration caused by long -term neglect, construction
that is vulnerable to serious damage fro geismic or geologic hazards, and
faulty or inadequate water or, sewerjLr4jSiFs. "
Affordable Rents
The City of Santa Ana will define. " ble rents in a manner consistent
with the requirements of the f. _ '; Program for very low income
rents: i
"A rent that does
not ex P ercent of usted monthly income of a
�
family whose annual i "' equals 50 percent. : e median income for the
area as determined b = . S. Department of Ho iii and Urban
Development, with adjus is for h . ehold size a &rmr bers of
bedrooms i1the unit." -
Descriptions h�.�
Term Definition -- i 1Q,
Long -Term Affordability ) er to ensu ., Winue abili . .. a maximum extent
and for ' long erm he for -sale properties it
.J assists NSP3 mo ity inrrf�`= rd affordability covenants that
ill run f period o ars. In addi Aon, the City will obtain promissory
s an ' ord trust d _ to secure the NSP3 funds it invests In these for
s ` _ ; se do' s nts will have a 45 year term, and will require
_= = pay n full i er s to comply with the terms of the covenants.
Housing. abilitation
so
4. Low-
Low - Income Set -Aside
Ana has modified its existing NSP rehabilitation standards
Vew requirements established for NSP3. These newly
e attached to this Substantial Amendment as
Identify the estimated amount of funds appropriated or otherwise made available under the NSP3 to
be used to provide housing for individuals or families whose incomes do not exceed 50 percent of
area median income.
Response:
Total low- income set -aside percentage (must be no less than 25 percent): 25.009,06
Total funds set aside for low- income individuals = $366,028.25
Meeting Low - income Target
NSP3 Substantial Amendment Page 2
City of Santa Ana
Provide a summary that describes the manner in which the low- income targeting goals will be met.
Response:
Participation in the City's programs will be restricted to households who meet NSP income
requirements. At least 25 percent of the City's allocation will be used to purchase, rehab and sell
homes to households with incomes at or below SO percent of the area median. The City will carefully
examine the incomes of all households selected to participate in it NSP3 activities, including those
selected to meet the 50 percent requirement. All households, including those at 50 percent of area
median, will be required to enter into 45 year covenants.
5. Acquisition and Relocation
Demolition or Conversion of LMI Units
- er ui
Does the grantee intend to demolish or convert any nd moderate "• me
dwelling units (i.e., 5 80% of area median income =: No
If yes, fill in the table below.
Question.'
1. ' y
l mber of Units
The number of low- and moderate -inc "'
elling units'-4 ' b% of area
median income — reasonably expected t • i
fished or c� ed as a direct
result of NSP - assisted activities. ,
N/A
The number of NSP affordable housing unit
.:: de a A. to low'--' • erate -,
and middle- income housA 5120 rea m, me sonably
expected to be produ act d incom el ' rbvi # n DRGR, by
each NSP activity prow • x such ho g (includi'
_ roposed tim chedule for
commencement and comp n ). `3
,
N/A
The number q# ling uni
househof
ed to made available for
a doe's cee
"gib.•
. ent • area median income.
N/A
- -
L
92^
6. _liccomma: s % k
Citizen Parti` ion Plan` ,
R
Briefly describe g, a grantee wed its citizen participation plan regarding this proposed
substantial amendm qtr abbre d Dian.
Response:
As provided for in HUD's a A d citizen participation requirements for NSP3 funding, the City's
Substantial Amendment was de available for public review during a fifteen day public review period.
Availability of the document was made known by means of notification published on the City's website,
as well as notices published In a newspaper of general circulation and two newspapers serving Spanish
and Vietnamese speaking populations: The document itself was made available on the City's website on
February 1, 2011, and at the other locations provided for in the City's Citizen Participation Plan. A copy
of the public notice as published in the general circulation newspaper is attached as Attachment 3. it
was also published In a newspaper serving the Spanish speaking community, and in one serving the
Vietnamese community. Notices in all languages were published on January 31, 2011. Following a
public hearing conducted by the City's Redevelopment and Housing Commission on February 15, 2011
and completion of the public review period, the amendment was approved by City Council on February
NSP3 Substantial Amendment
City of Santa Ana
Page 3
22, 2011 for submission to HUD.
As approved by City Council and submitted to HUD, the Amendment is available for viewing by the
public and other interested parties on the City's website at http : / /www.santa- ana.org /cda /nsp °asp.
Summary of Public Comments Received.
The summary of public comments received is included as Attachment 4.
7. NSP Information by Activity
s Nil r ,.9 .11€
,Itlra:�,aY,n3 a��fd:5m� raw
=l+ —
4s, :r ": N T,
,., :„ air's ,{. ,s,r _((;�/'1 .�a y�y W: Y .y l`i� a @,Fa -- 5::a,• �tiaC: ,_ :�ta.:a.i"r i7n''i€ `x :_::,t -:
. '° ..d 1Fi4. }!���R_.�„_.' SLS�{._ SS' �u�` •:ir:x.a�v::t,a,n:enriy:v:exlds
'
Aettvt: L1ta a Ei
_... . .:.yrrcx.:a_a:v- _:::::�_I :_::.•_- a:e::,me.:::5:
Acquisition /Rehabilitation /Resa i�o ed Single Family Homes for Low
g Y
Income Households
y�;ilc4''s 1 :"Ig�;
Select all that apply:
Eligible Use A. Fi tig Mechanisms VOL
-
to
a`
Eligible Use B: Acq It! nand Rehabilitation -�
Eligible Use C: Land L ' ig
�;�,,: w tia;ais_' -• b��dar
E[igibl a D: Demolitto
Eligibte<•- developm`
t ?ti; _ttY" i
Acquisition, Re i 1 a:..' and Dispdsi- Hof Homes, and Direct Home
erg}.
�Xcij!�ti$is'
Ownership Assis e
��>� 9
lit I n1Qi<ly %Ilblj.
Mg ome Housl o Meet t -Asi 5)
`b 'w ='titiii'nr'� �i'''"'
s . r.(=' _
a •':iiivl °G'':.el'•,�i�u.L�•,'�a
will be to a = ehabl 1 ate foreclosed single family
°n lo' iik�`,'",-,
a° �9 c s
ousing. r acquist rehabilI n, these housing units will be code
;. �;��, €�� •- ;,,cam,r;6C
"u'
mpliant will contat' {lergy efficiency components. Sale and occupancy
';` � -'
- •Es;'� €;>e.
re o house ' Itis whose annual income does not exceed 50
per than determined by
f`"
�``
a as HUD. This will enable
be Cit eet the I iem n li east 25
Misuch e t t at grantees spend at I
����,,'' i 7im:in :.nl:`
:�i t ��'3'. ° fir.,.� I °.r�
nt o allocatto units.
9ui3w
The i • :yvill ca this activity through an intermediary who will be
`
�I I 2'�.
s<t 4 yi;14'e i�'
re uir levers g the NSP3 funds with other public and/or private funds so
q
as to m' ize the number of units produced.
;IFS ' i,�t;l:��� _ I� , °fv ,i
� }i_ ; .I ail
�y° �+
,n ry to facilitate the ultimate sale of these units to Income qualified
Ids the City m
ty ay enter into lease-purchase agreements with the
_w,, „__• .
•;yti;�
_
se - ed households. These agreements will'be
' ..�__�_�qE" g_:M
structured so as to enable
them to save the funds required to qualify for first mortgage loans. The City
will do this only when has been
a sale not finalized within six months of the
tS
listing d ate.
Area identified in the attached Exhibit 1
j�:tj�r�[�;.ivk•9�lSJltl "°J°��;1° ;°�:ii,`
:
;� ,
`y}: yy�' .. ^•' + 'r `- L.- .4;...;•i5q. �F:_6'a:,:�rial:;'vi� v b "S;:yEeic
�.NF_M�n _' 1 0 i M IRA' e:.a6 jam s... -i` u��B - _- 43'G, _ im�il u_�.°a.:�:� nee:i� _.• : ,. • _ _ v
NSP3 I„_, :$ .
366,029.00
$
1 n',R -5 "R." 9E:'�.�f��`r� f f i�l'� �
�
(other funding source
NSP3 Substantial Amendment
City of Santa Ana
20A -11
Page 4
.......... .
i zjT
0 IN If ;
0 M,
'WIN
, - V
Acquisition /rehabilitation /resale of 1 housing unit to households whose
annual Income does not exceed 50 percent of the area median income as
i; -3
N
by
R
established HUD.
4[,._ffR nil is
Oil
-:12
H
RIN tl,.,!.!� ME
City Of Santa Ana
Santa Ana, CA
&d eveloa
.gible Use M -
4�
NOMM-0.
--tin
MUNK Rehabilif n -ofTlomes, and Direct Home
n, il SIR
F _11%W-!
Shelly Landry-Bayle
b wnersh :e
R e i•
T", pip -g- V •#204y!c
tic Center Plaza, M-37
e`
11$g In NXII
Rl
na, CA 92702
14 )667-2287
p: xi j. ¢
:tluk°,i"',i,'nf-�t a �'}- ��s.,7� gi
e re d t 0 0 h use ds whose annual income does not exceed 120
p e of th median Income as determined by HUD.
4
The Ci I this
dryBayle@Santa -Ana.Org
zmt all
mi T
A! RE - r
N. cquisition/Rehabilita�k,M.,esale Of Foreclosed Family Homes for Low-
RN A
N I Mode
9 g 141MI
rat e-,andMiddle-4 me House iNlus
ANT..
Select all that apply:
zz
gn .1
3. J k
— , fi N
Eli gIbkdYW_-A: Financing' s
4[,._ffR nil is
Eligibl��_. habilitation
�qulsition a�4%
Eligible ft-Banking
-:12
k .1=1
%1[ll
D e
Eligible UsK#
.ij !r Ni Mi
..."'. ::.
&d eveloa
.gible Use M -
4�
n 08 I -lilt S
N: I gii
MUNK Rehabilif n -ofTlomes, and Direct Home
n, il SIR
F _11%W-!
NIM44; NOT.
b wnersh :e
R e i•
2 4
. I M;i
Modekh Middle In Housing (LMMH)
ME"O. pg
9
used t uire and rehabilitate foreclosed single family
hou Ion a habilitation, these housing units will be code
NINE
mp, d conta e 1clency components. Sale and occupancy
I, L N
'R
e re d t 0 0 h use ds whose annual income does not exceed 120
p e of th median Income as determined by HUD.
4
The Ci I this
i!!n V
carry out activity through an intermediary who will be
.leverage le erage the NSP3 funds with other public and/or private funds so
5-N, s to lze the number of units produced.
E
j �TLV, 1
=_F&F9* N
R�2 NERI I
I B.
2!11 ME- VINGRI
isaryto facilitate the ultimate sale of these units to income qualified
households,
i'jR, ffffl
1011 ME
R?.
the City may enter into lease-purchase agreements with the
selected households. These agreements will be structured so as to enable
13
them to save the funds required to qualify for first mortgage loans. The City
will do this only when a sale has not been finalized within six months of the
2
mg . R
N')
listing date.
IN
Area identified in the attached Exhibit I
4 l
M
Eftifi-N
purkein lvohl _ � 2 9 1�!`l Mil!�'L`
Oj it, MAN np,5
NSP3 $951,67 4.00
NSP3 Substantial Amendment
City of Santa Ana
41YAN V"
Page 5
Acquisition, rehabilitation and resale of6 housing units tohouseholds whose
annual incomes do not exceed 12O percent ofthe area median Income as
established by HUD.
City Of Santa Ana
Santa Ana, CA
Sheik, Landry-Bayle
. fc Center Plaza, M-37
a Ana, CA 92702
.11 BONN.
like
Eligible Us(M
Use evela
._jble -OWN
W W! fuR needed by the City to o
%b
MTi! KAFi
FR
will
,.prog� Irw il
Vi
Oft
(OtherWM!ng source)
46,4 0.00
pf
City Of Santa Ana
IRF
—j Santa Ana, CA
ff 20 Civic Center Plaza, M-37
Santa Ana, CA 92702
RE
SLa
NSm��m�
Substantial ~ Page
Crty of Santa Ana.
List of Attachments
Attachment 1: NSP 3 Target Geography Report and Map
Attachment 2: NSP Rehabilitation Standards
Attachment 3: Copy of Public Notice
Attachment 4: Summary of Public Comments
NSP3 Substantial Amendment
City of Santa Ana
20A -14
Page 7
Naigtdhorhood 10. 4598M
ATTACHMENT 1
MP3 Plamning Data
grantee M, 0633420E
Grantee State: CA
t3nufte Name: SANTAANA
Grantee Address: 20 Clvio Center Preis, M-37 Santa Ana CA 92702
Grantee Emit magu ilatassala- arm.arg
Nakhbortwod Name: NSP 3 Final TmadArea
nate-.2$11.01 -27 DnDo_orf
NSP3 Score
The nelghliad=ds idGrrNed by the NSP3 grantee as being ttoe areas of Wealest need musthave an
indivi iduat or average combined index score far the gran tees Identified targetyeagraphythat is Wilt leas than
ft tesser or 17 or Me twee ielh Parcmae most needy scare in an kxt dual absto. Far example, Jr a stahft
tvneabe h percentile moat needy carpus tract is 18, the ream e:rr w tvAl be a mi►bmran need of 17. K,
however, a abde"s twenleth perverdile nwatneedya msus tract is 15, the requirement YM be a• minimum
need or 15- ff morethan one neighborhood is Identified in the AcOon Ptah, HUD will average the
Neighborhood Score$, weigtdlig trhe scams by the estimated number of 1musing unsia ui each Idcnff& d
Raw borbood.
Noriood NSP3 Score: 18.96
Slate Minimum Threshold NSP3 Score: 17
Total Housing Unls in Nothbortroad: 731
Percent Persona Lessthan 120%.AMt: 8+4.79
Perconl Persons less than 80% AMh 62.02
Nerahba tuba AffrBhullys (FstImet s)
lfaMcy Estimate
LISPS data on uses not raceivieg matt In the last 90 days or'NoSter can be a usefrl measure of
whetherornot a target Bias has a serloua vacancy problem, farvilm ne:igilrarhoods, HUD has farind Umt
rakrhoods with a very high number vacant addremea nga&etothe total addresses in an aea to be a
very good kWkalor of a currant far potenlaly era o us blight ;problem.
The USPS 'NoSt W kK katorcah mean ddiereid thiir ga to Waal areas, it is an indicator of vacancy - However,
It can all so be an address In& has been issued but not ever used, it can Ihdk*ft urdts under
and it can be a very distressed property (most ofthe still load damaged properties in brat Orleans are
WSW- When using this variable, users need to 2mdeisiand the tMet area idenirl led:
in addhkw% the housing unit eourds HUD gets from the US Census lndicaled above are usually close to the
residentiel address counts Slim the LISPS below. Howww, if the Census and USPS uiorurls we subatarnlaliy
dKerent for your ideatiled target area, users arc uadvlsed to use the Information below wlh caution. For
example inhere use many NoStais In an area for units nawrvbult the LISPS reside"" address .count may
be iargar than the Census nu ruber, if 4tie area is a muel area largely served by PO boxes it may have fewer
addresses than housing unft.
USPS Residential Addresses in Neighborhood: 712
Resudential Addresser Vacant 90 or more days (LISPS, March 20to):14
Residential Addresses NoStet {USPS, March 2010j: 0
NSP3 Substantial Amendment
City of Santa Ana
20A -15
Page 8
11!
ATTACHMENT 2
NSP REHABILITATION STANDARDS
PREFACE
The primary purpose of these standards is to address the quality of workmanship and materials
expected, and to achieve consistency throughout the NSP3 program activities administered by
the City of Santa Ana. These standards are not intended to reduce or exclude the requirements
of any federal, state or local codes, standards, ordinances and regulations that apply to
residential rehabilitation.
WORKMANSHIP
• All work shall be performed in a profe & '-workmanlike manner.
• The quality and durability of the., ,?1Z shall t or exceed the standards
established by the construction Y and variou `;fides.
MATERIALS & EQUIPMENT a
• All materials and equipment sha
with the manufact require
ordinances and regu a
the more stringent shat e `
• Unless otherwise sDecifie ' II m''
• tconom..
• All s an
to the the
• The deserlixliion
ENERGWFICIENCY,1 -AT
To the ese possible an
efficiency, `�'� �' conservat
Gut rehabilitafiro &or new
designed to meetI. . tanc
construction of midigl
Society of heating, Refrilpf
Appendix G plus 20 percen
Is
of=Wrials an
ly °.and be Ins kd in accordance
- q `fall applicable c�es, standards,
occurs between the requirements,
shall be medium grade.
ew,IjV ellent condition, and delivered
I Dackagine.
found in this document establish a
VATION WRECYCLED MATERIALS
ca, dard measures related to energy conservation, energy
d the ' tpf recycled materials have been incorporated herein.
Iuction of residential buildings up to three stories will be
Energy Star Qualified New Homes. Gut rehabilitation or new
Multi- family housing must be designed to meet the American
and Air- Conditioning Engineers (ASHRAE) Standard 90.1 -2004,
LEAD -BASED PAINT
All housing built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe
Housing Rule regarding the evaluation and control of lead -based paint hazards. HUD's
guidelines are available at httr): / /www.hud.eoy /offices /lead /lby /hudguidelines /index.cfm.
BUILDING STANDARDS
NSP3 Substantial Amendment Page to
City of Santa Ana
20A -17
Minimum Standard
• The site shall be hazard -free and sanitary.
• The site and all paving shall drain away from the dwelling and
accessory buildings.
• Paving and walkways shall be hazard -free and intact.
• Landscaping and irrigation systems shall be hazard -free and In
relatively good condition. All. dead vegetation shall be removed.
• Fencing, walls and gates hazard -free and intact. All gates
shall be In good working order., T
• The site shall be free fro debris and hazardous
materials. _
• Accessory building b'"' and sound.
Paving
• All new pavin . `;. iwalkways 9 kbe constructed with
concrete (2,000 28 days).'_
• Driveways s, Ube reinforced with esh. Sawn
expansion - contra ': ..n�oints) be place'' 8 feet in both
direc 1. s. ,�.
• A and wal all be finished witHa light broom
textur
• All w yVai7 ; '. L•be at le feet wide. Sawn expansion-
- pntractio 'nts s lace ''� `.` �y 4 feet.
Landscaping &
- " o the ex '„ t p :A e tpactical all new landscaping shall
a
Irrigation
be ught res
• en a lawn eing replaced, the new lawn area shall be
id in t duction of water consumption.
s
ew it r . n C0311111,11ollers shall be weather or sensor based
a Water'` ; 'e qualified.
irrigation systems shall be designed to conserve
ter:
Fences, Walls es
II new wood fences shall be made from good quality
` —
raals. They shall be properly supported with 4X4 pressure
ted posts (8 feet O.C.) and 2X4 rails (top and bottom). The
its
fir'
M, shall be embedded in a concrete footing at least 18" deep.
• All new block walls shall be constructed with 6X8X16 concrete
block. They shall be properly supported by a continuous footing
and reinforced with steel bar.
Minimum Standard • Safe and structurally sound. .
Rehabilitation • Porches, steps, balconies and railing that do not meet the
minimum standard shall be replaced. Practical, cost effective
NSP3 Substantial Amendment
city of Santa Ana
4j1_d_E;7
Page 11 .
Minimum Standard
Rehabilitation
Concrete
Minimum Standard
Rehabilitation
• Safe and structurally sound.
• Foundations that do not me
replaced. Practical, cost effe • 'I
as compliance with the mi -
• If the project invol''
completely insulate___
• 2,000 PSI (min ,'m ).
• SakstructurallyTiq
• E' _ . •alls that d517,
be repl�rd. 'cal, cost +.
long as c Ilan _ : t . the
n Seal ally;_ '.ts.
ff th .
,,.,.., . e prof.' in.��es a�
.the minimum standard shall be
;%pairs are acceptable as long
standard will be achieved.
bab, raised foundations shall be
the minimum standard shall
e repairs are acceptable as
;Im standard will be achieved.
all exterior walls shall be
n
7,� a ti .;
repairs are acceptable as long as compliance with the minimum
standard will be achieved.
Concrete
• 2,000 PSI (minimum ).
Finishes
• Zero or low VOC primers, paint and coatings.
Minimum Standard
Rehabilitation
Concrete
Minimum Standard
Rehabilitation
• Safe and structurally sound.
• Foundations that do not me
replaced. Practical, cost effe • 'I
as compliance with the mi -
• If the project invol''
completely insulate___
• 2,000 PSI (min ,'m ).
• SakstructurallyTiq
• E' _ . •alls that d517,
be repl�rd. 'cal, cost +.
long as c Ilan _ : t . the
n Seal ally;_ '.ts.
ff th .
,,.,.., . e prof.' in.��es a�
.the minimum standard shall be
;%pairs are acceptable as long
standard will be achieved.
bab, raised foundations shall be
the minimum standard shall
e repairs are acceptable as
;Im standard will be achieved.
all exterior walls shall be
n
7,� a ti .;
K
so z . 30'r-tight and in good working order.
k�afe,
or more y rs of practical utility.
j)%
Y -= Ext g-doors that do not meet the minimum standard shall
}replace Practical, cost effective repairs are acceptable as
_•
1% as compliance with the minimum standard will be achieved.
New Doors
PA Energy Star qualified, zero or low VOC finish.
New Hardware
.i j- Reputable manufacturer, lifetime finish.
NSP3 Substantial Amendment Page 12
City of Santa Ana
Minimum Standard • Safe, sound, weather -tight and in good working - order.
• Five or more years of practical utility.
Rehabilitation • Windows that do not meet the minimum standard shall be
replaced. Practical, cost effective repairs are acceptable as long
as compliance with the minimum standard will be achieved.
_T New Windows • Reputable manufacturer.
• EPA Energy Star qualified.
Minimum Standard
• Homes built before. 9 " comply with 24 CFR Part 35
SubpartJ and HUD' w i afe Rule regarding the
'nt
evaluation and cfaf lead -base . hazards.
• All exterior _ . f shall be intact an - . osion free.
• Five or more °' s of practical utility.,
Rehabilitation
• All surfaces to b`int • I be prepare :operly. All
" `;
loos ial and pe .. t shall be removeW'
• Al _ cracks sh filled and finished so that they
blend In .the finding a 1
• All Stu, Sur fa '= _e pain _'hall receive a complete and
a -n: n covera' Qf stu
`II wood s% be ti shall receive a complete and
p
-s14-morkma'
ev� verage oJ` t exterior paint.
=" .. will not be tolerated.
New Pai
- - -. ep f'.urer.
-=
- =; . hest quart ki vailable.
• r low VOC paint, caulking and fillers.
Minimum Standar .. • afe and structurally sound.
A11 plaster, drywall and paneling shall be safe and intact.
Rehabilitation Walls, floors and ceilings that do not meet the minimum
standard shall be replaced. Practical, cost effective repairs are
acceptable as long as compliance with the minimum standard will
be achieved.
• If the project involves a gut rehab, the attic, walls and floor
on raised foundations shall be insulated.
Minimum Standard I • Safe, sound and
NSP3 Substantial Amendment Page 13
City of Santa Ana
411_d -1C
Minimum Standard I • Cabinets shall be safe, sound, sanitary and in good working
order.
NSP3 Substantial Amendment
City of Santa Ana
Countertops shall be safe, sound, sanitary and
20A -21
Page 14
• Five or more years of practical utility.
Rehabilitation
. Floor coverings that do not meet the minimum standard shall
be replaced. Practical, cost effective repairs are acceptable as
long as compliance with the minimum standard will be achieved.
Replacement Floor
a Carpet & Pad (Reputable manufacturer, recycled materials).
Coverings
• Resilient Flooring (Reputable manufacturer, 10 year wear
warranty).
• Ceramic Tile (Reputable manufacturer)
Minimum Standard I • Cabinets shall be safe, sound, sanitary and in good working
order.
NSP3 Substantial Amendment
City of Santa Ana
Countertops shall be safe, sound, sanitary and
20A -21
Page 14
r
Minimum Standard
• Five or more years of practical utility.
Rehabilitation
• Cabinets and countertops that do not meet the minimum
standard shall be replaced. Practical, cost effective repairs are
acceptable as long as compliance with the minimum standard will
Rehabilitation
be achieved.
Replacement Cabinets
• Reputable manufacturer.
• Solid hardwood face- frames, door - frames and drawer fronts.
• Metal and nylon drawer guides.
Replacement Sinks
• Low or zero VOC adhesive,,._ finishes.
Replacement
• Reputable manufacturer
Countertops
• 4" ceramic tile, 6" b ° ` bull -nose edge.
r
Minimum Standard
• Safe, sounc> itary and in good w i = n order.
• Faucets shalt minimums be equip - ith a low -flow
aerator. h'
• Fi ' . more years cal utility.
Rehabilitation
+ Kit-,' :: _ es, equip '. ;fit and appliances that do not meet
the mint i�ms`� d shall I placed. Practical, cost effective
repairs arm. ' :septa ' -, . long a ,e liance with the minimum
clard wit ach.
Replacement Sinks
• utable ' cturer.
• -" guage (mi. ' um) stainless steel.
Replacem4g.g, is
:,�
r -Sen ualified.
AM
eput ` ., nu -urer.
ss constr Vin, metal housing.
Replace rn Disposals
ble manufacturer.
%z HP or (minimum).
tainless steel swivel lugs.
Replacement
try. PA Energy Star qualified.
tr
Dishwashers
Reputable manufacturer.
Replacement Range
p g
' 1:�
_ EPA Energy Star qualified.
Hoods
• Reputable manufacturer.
Replacement Ranges
• Reputable manufacturer.
• Pilot -free ignition.
• Four sealed burners.
• Self- cleaning oven with timer.
Replacement Cook Tops
• Reputable manufacturer.
• Pilot -free ignition.
• Four sealed burners.
NSP3 Substantial Amendment
City of Santa Ana
Page 15
Wall Ovens • Reputable manufacturer.
• Pilot -free ignition.
• Self- cleaning oven with timer.
Minimum Standard
• Safe, sound, sanitary and in good working order.
• Faucets shall (at a minimum) be equipped with a low -flow
aerator.
• Showerheads shall (at a min m) be equipped with low -flow
aerator.
• Porcelain sinks shall } om any cracks or chips.
• Steel sinks shall b�� fro rust or corrosion.
• Five or more ye f practical
Rehabilitation
• Bathroom Vii- d .:es and equipment t: do not meet the
�•t L L
minimum Stan shall be replaced. Pr �. I, cost effective
'
repairs are accept2� as Ion _ ompliancdc the minimum
stan will be achi
• T z t require han 1.6 GPF shall be replaced
regardp ::ir_- conditio
Replacement Sinks
• Reputi m agi: , . rer.
r r
Cast irohite e. , ish.
&
Replacement Faucetv
.. A Wate i? ; tlali 1
.
.S utable acturer.
• onstruc metal housing.
Replace
p; ;
�F
.. ep Curer.
.�, „qualified (1.28 GPF)
Replace :- - Tubs
�. ble manufacturer.
r.
Ca s TO, body, white enamel finish, slip resistant bottom.
EPA W 'er -Sense qualified plumbing fixtures.
Replacement
eputable manufacturer.
Combination
a iron body, white enamel finish, slip resistant bottom.
Tub - Showers "
. �_ 4" ceramic the surround.
• Anodized aluminum doors with tempered glass.
• EPA Water -Sense qualified plumbing fixtures.
Replacement Showers
• Reputable manufacturer.
• 4" ceramic tile.
• Anodized aluminum door with tempered glass.
• EPA Water -Sense qualified plumbing fixtures.
Replacement
• Reputable manufacturer.
Medicine Cabinets
• Steel body, beveled mirror door.
NSP3 Sybstantial Amendment
City of Santa Ana
41LAV .,
Page 16
Towel Bars & Toilet • Reputable manufacturer.
Paper Holders • Metal construction, polished chrome finish.
Minimum Standard
• Safe, sound and leak -free.
Rehabilitation
• Piping (supply, waste and vent) that does not meet the
• F" _. ore years• -.
r
minimum standard shall be replaced. Practical, cost effective
Rehabilitation
repairs are acceptable as long as compliance with the minimum
eet the minimum standard shall
standard will be achieved.
Replacement
• Copper, type 'T'.
Water Supply Piping
standard will be achieved.
Replacement .
• Schedule 40 ABS'°
Waste & Vent Piping
. Energy= ' if i.
OU
Minimum Standard
v,
• Safe, sound and tim:." od '
ng order.
Electrical service panels, breakers and wiring that do not
NIS
• F" _. ore years• -.
r
ical utility.
Rehabilitation
• Wa ` Is that do
eet the minimum standard shall
minimum standard will be achieved.
be repla PIa` . = r coThl ye repairs are acceptable as
• Knob and tube wiring shall be replaced regardless of its
ong as corx'ance m
standard will be achieved.
Replacement
_ eputab n
ree-4*d-liURN
Water Heaters (Tan : -1
. Energy= ' if i.
OU
condition.
• ;. gallon Ins d tank.
• Reputable manufacturer.
Replaceme _
�� .: 4. man turer.
Water L r
PA Ene" qualified.
(Tank
Minimum Stan
afe, sound and in good working order.
• 00- ampere minimum service.
Rehabilitation ..
Electrical service panels, breakers and wiring that do not
NIS
ft eet the minimum standard shall be replaced. Practical, cost
effective repairs are acceptable as long as compliance with the
minimum standard will be achieved.
• Knob and tube wiring shall be replaced regardless of its
condition.
• Overhead wiring from a dwelling to a detached garage or
accessory building shall be installed underground regardless of its
condition.
Replacement
• Reputable manufacturer.
NSP3 Substantial Amendment
City of Santa Ana
20A -24
Page 17
Service
• 100- ampere (minimum).
Replacement
Wiring
• Romex (NM cable).
Minimum Standard
• Safe, sound and in good working order.
• Light fixtures shall (at a minimum) be equipped with CFL
bulbs.
• Exterior lighting fixtures us. r security shall be equipped
with a motion sensor.
Rehabilitation
• Electrical switches, Q .• lighting fixtures that do not
meet the minimums 60cl sh replaced. Practical, cost
effective repairs '` eptable as P. s compliance with the'
minimum Stan ill be achieved.
r..
• All new ligh , shall be U.L. app and Energy Star
qualified. N res
• 0 is located wt*t of a source ofer shall be
Y
grou rot ected.
• Extdgs and o '." shall be weatherproof.
Replacement
• U.L. a
Switches & Outlets
Replacements'
Rb
: putabi urei�r
Lighting Fixtures
. ' , approve •'' "d EPA Energy Star qualified.
HVAC
Minimu
fe, ; .a d r : food working order.
." - ght or m ors of practical utility.
Rehabil'
ti • ;that does not meet the minimum standard shall be
- iacAmpctica1, cost effective repairs are acceptable as long
,51
ompliAlte with the minimum standard will be achieved.
WIN—
•5 une =up all HVAC equipment (as a minimum).
-
. - eal all ducts (as a minimum).
All new HVAC equipment shall be sized properly.
Furnaces
• Reputable manufacturer.
• EPA Energy Star qualified.
Central Air Conditioners
• Reputable manufacturer.
• EPA Energy Star qualified.
Thermostats
Reputable manufacturer.
• EPA Energy Star qualified.
• Programmable.
NSP3 Substantial Amendment;
City of Santa Ana
20A -25
Page 18
Minimum Standard a Additions and alterations that were constructed without a
building permit and are clearly substandard shall be removed.
• Additions and alterations that were constructed without a
building permit, but appear to be compliant, shall be inspected
by the City's Building Official to determine if a building permit
can be issued and then can be saved.
NSP3 Substantial Amendment
City of Santa Ana
411Ad1,
Page 19
ATTACHMENT 3
NOTICE OF PROPOSED ACTION TO BETAKEN BY THE CITY COUNCIL OF THE CITY OF SANTA ANA
RESPECTING A PROPOSED SUBSTANTIAL AMENDMENT TO THE CITY OF SANTA ANA 2010 -2011
CONSOLIDATED PLAN ANNUAL UPDATE, AND SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT OF AN APPLICATION FOR $1,464,113 IN NEIGHBORHOOD STABILIZATION
PROGRAM 3 GRANT FUNDS,
NOTICE IS HEREBY GIVEN that the Community Redevelopment and L sing Commission of the City of
Santa Ana will hold a public hearing on February 15, 2011 at 6:0 .. at the City Council Chambers, 22
Civic Center Plaza, Santa Ana, California 92701 pursuant to th rssion of the City's proposed action
approving a substantial amendment to the City's 2010 -201 '.'s' ated Plan Annual Update (Annual
Update). '
The City Council of the City of Santa Ana will give 21
City Council Chambers, 22 Civic Center Plaza, Santa
substantial amendment to the City's 2 -2011 Cc
City Council will also take action on a p acti
Department of Housing and Urban Deve ._
Stabilization Program 3 (NSP 3) grant funcR _
eration on February 2'23;11 at 6:00 p.m. at the
927_ ton a i
i nnual Update ( 'pal-Update). The
uthrs` submittal of an application to the U.S.
for $1 .13 In federal Neighborhood
HUD has allocated th unt of $ _ 113 in ':ds to tWgV- of Santa Ana. To receive these
funds the City must ado ubstant mendme its current Consolidated 5 -Year Plan Annual
Update. This Plan governs` ity's. ' t and use'. f • ederal formula grant monies. The City must also
submit as. - 4 gra ' D. T documents must be received by HUD no later
than Ma.theu use d subam`+n�dment the City will allocate no more than 10
percen, =r s funds, or 1.3 llowable a rri€�rlstrative expenses. A minimum of 25 percent of
its funds,. • .. 66,028.25 wi ' : .-sed a purchase and rehabilitation of abandoned or foreclosed
homes or re 'k', tial propertle :''� t wills ndividuals or families whose incomes do not exceed 50
percent of are' ,e. ian income. substa dal amendment provides that the City will allocate its
program funds to rograms t eet NSP 3 requirements:
• Acquisition, RehabiiifflyFn", and Resale of Foreclosed Single Family Homes for Low - Income
Households. Fundingmount: $366,028.25
• Acquisition, Rehabilitation, and Resale of Foreclosed Single Family Homes for Low -, Moderate -,
and Middle- Income Households. Funding Amount: $951,673.45
The draft substantial amendment is available for public review on the City's website at
http:// www .santa- ana.org /cda /default.asi) Copies are also available for public review at the following
locations Monday Through Friday during normal business hours: Housing Department, 20 Civic Center
Plaza, 3rd Floor; Community Development Agency, 20 Civic Center Plaza, 6u' Floor, Office of the Clerk of
the Council 20 Civic Center Plaza, Room 809; and the Main Public Library, 26 Civic Center Plaza, Santa
NSP3 Substantial Amendment
City of Santa Ana
20A -27
Page 20
Ana, California. Written comments on the 'pian may be submitted to the Housing Division on or before
February 15, 2011.
PUBLISHED JANUARY 31, 2011 IN THE FOLLOWING NEWSPAPERS:
ORANGE COUNTY REPORTER
- LA OPINION
- NGUOI VIET
NSP3 Substantial Amendment
City of Santa Ana
411'1&4967
Page 21
ATTACHMENT 4
SUMMARY OF PUBLIC COMMENTS
TO BE ADDED AFTER PUBLIC HEARING ON FEBRUARY 15, 2011
NSP3 Substantial Amendment
City of Santa Ana
Page 22
8. Certifications
Certifications for State and Entitlement Communities
(1) Affirmatively furthering fair housing. The jurisdiction certifies that it will affirmatively further fair
housing, which means that it will conduct an analysis to identify impediments to fair housing choice
within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified
through that analysis, and maintain records reflecting the analysis and actions in this regard.
(2) Anti - displacement and relocation plan. The applicant certifies that it has In effect and is following a
residential anti - displacement and relocation assistance plan. , 0;,,
(3) Anti - lobbying. The jurisdiction must submit a ce
restrictions on lobbying required by 24 CFR part 87,
pa rt.
(4) Authority of jurisdiction. The jurisdiction certifi
applicable, is authorized understate and local lad
legal authority to carry out the programs for which
HUD regulations and other program requirements.
(5) Consistency with plan. The
funds are consistent with its cc
(6) Acquisition and reloc jurisdicti
relocation requirement .- e Reloca
of 1970, as amended S.C. 460 d implei
provisions are modified a notice.. the NSP
(7)
(8) Citize """" • icipation. The��;dictior
citizen partidr'ion plan that s es the
modified by NS '<ilrements
ion. . •6gard to compliance with
�€losure forms, if required by that
the consolidate �or abbreviated plan, as
icable) and that th�.,sdiction possesses the
Wrig fun {IV in accor _with applicable
that the h activities to be undertaken with NSP
• viated p I.. applicable.
ifies t. ..iii cord z ith the acquisition and
As A al Property Acquisition Policies Act
g regulati t 49 CPR part 24, except as those
am published by HUD.
1 section 3 of the Housing and Urban
ng regulations at 24 CFR part 135.
that it is in full compliance and following a detailed
ments of Sections 24 CPR 91.105 or 91.115, as
(9) Following plan. risdi :`N 'ertifies it is following a current consolidated plan (or
Comprehensive Housing Strategy) that has been approved by HUD. [Only States and
entitlement jurisdictions use '- certification.l
(10) Use of funds. The jurisdiction certifies that it will comply with the Dodd -Frank Wall Street Reform
and Consumer Protection Act and Title XII of Division A of the American Recovery and Reinvestment Act
of 2009 by spending 50 percent of its grant funds within 2 years, and spending 100 percent within 3
years, of receipt of the grant.
(11) The jurisdiction certifies:
a. that all of the NSP funds made available to it will be used with respect to individuals and families
whose incomes do not exceed 120 percent of area median income; and
NSP3 Substantial Amendment
City of Santa Ana
gl1_ A '
Page 23
b. The jurisdiction will not attempt to recover any capital costs of public improvements assisted
with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against
properties owned and occupied by persons of low- and moderate - income, including any fee
charged or assessment made as a condition of obtaining access to such public improvements.
However, if NSP funds are used to pay the proportion of a.fee or assessment attributable to the
capital costs of public improvements (assisted in part with NSP funds) financed from other
revenue sources, an assessment or charge may be made against the property with respect to
the public improvements financed by a source other than CDBG funds. In addition, with respect
to properties owned and occupied by moderate - income (but not low- income) families, an
assessment or charge maybe made against the property wit respect to the public
improvements financed by a source other than NSP funds: €''`'' jurisdiction certifies that it lacks
NSP or CDBG funds to cover the assessment.
(12) Excessive force. The jurisdiction certifies that it has aid %ed a enforcing:
a. A policy prohibiting the use of excessive forc - `. . w enforce.. gentles within its
Jurisdiction against any individuals engage f ` nviolent civil rig monstrations; and
b. A policy of enforcing applicable state and aws against physically • ' g entrance to, or
exit from, a facility or location that is the sub
f _� sof suc�iolent civil no monstrations
within its jurisdiction.£
(13) Compliance with anti - discrimination
conducted and administered in conformity
the Fair Housing Act (42 Af- §a�` *?1- 3619),
.xai: ers
(14) Compliance with 1
concerning lead -based
this title.
(15)
(16) VicinF� ring. The jurisd il
hiring of emp ii es that reside
that are owned= *perated by
x.
(17) Development o dable
Procedures described i S
affordable rental housing t
Signature /Authorized Official
Title
that the NSP grant will be
;Act of 1964 (42 U.S.C. 2000d),
tlur jurisdictiil6rtifies that its activities
the r" cements of part 35, subparts A, B, J, K, and R of
will comply with applicable laws.
t it will, to the maximum extent feasible, provide for
NSP3 funded projects or contract with small businesses
g in the vicinity of NSP3 projects.
,�I housing. The jurisdiction certifies that it will be abide by the
Previated Plan to create preferences for the development of
roes assisted with NSP3 funds.
Date
NSP3 Substantial Amendment Page 24
City of Santa Ana
20A -31
Does the narrative description describe how funds will gig Sr []
emphasis to areas of greatest need?
Does Does the narrative description specifically addres a funds will N
give priority emphasis to those areas:_ `
• With the highest percentage of home fore' des? a `=
• With the highest percentage o -homes finance
Ern ❑ '.�
mortgage related loan ?; and _..:
• Identified by the grantee as likel nificant R❑
the rate of home foreclosures?
Did you create the area: eeds maii ' ❑
htt www.huduser5 V N ... tmi?
Did you include the map 4 ttac '- e t to your' .v n Plan? ❑
ONLYAp�g11 s: Di j clu ".. , . ed; 11 ❑
I Definite and D
Are the following deficit a ics included in your substantial
amendment ?: -
• Blighted structure m context of state or local law,
• Affordable rents,
• Ensuring long term affordability for all NSP funded housing
projects,
• Applicable housing rehabilitation standards for NSP funded
projects
4. Low - Income Targeting
S.
411
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NEIGHBORHOOD STABILIZATION PROGRAM 3
EXHIBIT 4
20A -37
REQUEST FOR PROPOSALS
PROGRAM INTERMEDIARIES
TABLE OF CONTENTS
SECTION
1. Table of Contents
2. Invitation
3. NSP Background
4. Priority Area
5. NSP City Programs
6. City Responsibilities
7. Intermediary Responsibio
8. Applicant Characteristics
9. Proposal Content
10. Key Terms of ent
11. Criteria fo
12. Proposal fiction ���'`'
13. Acceptanceu� ontrac
14. Timeline and ;missi
MENTS
Prrd r Area
Nt
Reha 'J tion Stand ` ds
HUD Fo 6 02
HUD Hom r seling Centers
City Affordabi ;' cuments
Additional Insured Endorsement
Sample Development Budget
Page 1
PAGE
1
2
3
3
3
6
7
8
11
12
12
12
12
No.
2
3
4
5
6
7
1. INVITATION
The City of Santa Ana (City) invites proposals from qualified individuals or firms to implement
the City's programs for the purchase, rehabilitation and resale of foreclosed residential
property. The City has been designated to receive $1,464,113 in NSP3 Federal funds aimed at
stabilizing neighborhoods that have been impacted by foreclosures and abandoned properties.
The City will enter into an Agreement with the individual or firm selected to provide these
services. Respondents must be willing to implement all aspects of both programs.
The City seeks respondents who can demonstrate that they substantial experience and
competency in the full range of activities required to suc y implement these programs.
To that end, may propose teams of entities that as a & fx, iidemonstrate capacity to
perform all services. This entity must also have a deem P m ility to leverage the City's
NSP3 funds with private funds. Prior experience "NSP funde I 'vities is not a
requirement, but will contribute significantly, a strength of a pry pl.
Acting as the City's intermediary, the selected
the City's Priority Area as described low, an
resell foreclosed single family homE
Mobile homes will not qualify. ip
Interested parties are i
via mail, hand deliver
City of Santa Ana
The highest ranki
interview to be h
We anticipate making a red
Redevelopment and Housi
2011.
ill oprt a these pr6'
nds to acqui
s solely within
,habilitate and
ched or detached homes.
Request for Proposal (RFP)
e contacted on March 28, 2011 to schedule a mandatory
011. We highly recommend that all team members attend
fiendation for selection of the successful proposal to the City's
Commission on April 19, 2011, and to the City Council on May 2,
You may wish to periodically check the City's website for any notices and answers to questions
that may arise throughout the RFP process.
http: / /www.ci. santa- ana. ca. us/ cda/ NeighborhoodStabilizationProgram asp
Page 2
�I L1111111160KOU
2. NSP BACKGROUND
The purpose of NSP is to provide targeted assistance to state and local governments to acquire
and redevelop abandoned or foreclosed homes and residential properties that might otherwise
become sources of blight within their communities. HUD is now funding the third round of the
Program, and has allocated $1,464,113 to the City of Santa Ana. HUD's Notice announcing the
NSP3 formula allocations and programmatic requirements can be accessed via the following
link:
�h "u.
The City's NSP3 application, also known as its Substantial, dment, contains information
regarding the City's intended programs and can be fou I 19,jollowing link:
nttp: / /www.santa- ana.org /cda /documents /NSP
ntia lAm 611ft ent- ForSaleOnlv2 -1-
is to areas of greatest need,
Les financed by subprime
.,tified the Priority Area
areful review of the City's own data on
i ta. It also reflects staff knowledge of
ous NSP rounds in specific
reference that recipients maximize the
available through NSP3 funds by focusing
As identified by HUD "' 4N u gulations, eligible activities include establishment of
financing mechanisms fo ase and redevelopment of abandoned or foreclosed upon
homes and residential prop sties. The City has established two such programs, and those are
summarized below:
Acquisition /Rehab /Resale -50 Percent of Area Median
• Program will be used by the City to meet the NSP3 requirement that 25 percent of its
allocation be spent on housing occupied by households with incomes at 50 percent of
area median.
• As of June 26, 2010 the applicable limits as adjusted for household size were as follows:
Page 3
41M, A C
Household Size
Income Limit
Household Size
Income Limit
One
$32,550
Five
$50,200
Two
$37,200
Six
$53,900
Three
$41,850
Seven
$57,600
Four
$46,450
Eight
$61,350
• NSP3 funds will be loaned to an intermediary to help acquire NSP3 eligible homes.
• Using other funds, the intermediary will rehabilitate these homes in accordance with
the City's rehabilitation standards (Attachment 2), market them, and sell them to
income qualified households.
• The maximum sales price will be the lesser of the a A 'e cost to acquire, rehabilitate
and sell the property, or its fair market value as shed by a City approved
appraiser.
• In consultation with the City, sales prices b "adjust reflect market conditions
and homebuyer qualifying requirement
• The City will record an NSP3- funded sl, second mortgage in amount necessary to
accomplish the sale.
• Concurrently with the transfer of owners h I the :ebuyer, and ` lkl dition to the
trust deed, a regulatory agr twill be re require its repa nt should the
property be sold prior to co f a 45 yea' od of affordability.
• Depending on need, homebuy lig nd the bility of funds, the City may also
provide down payment assistan ans deral*''' E Program American Dream
Downpayment DDI) fu
• The Cit y re at h rril' """
q u ers q, Y pay�r� �,, equal to 3 percent of the
purchase prig of theirs n funds. p'funds cannot be used to meet this
requirement. 4,,':•
•
ie City's required debt ratio is 30/40.
working, the City may re- evaluate and
• In'e cases them media` ay be unable to sell the homes at a price that enables
the y ; ecover eligib) eve flop' I Pt costs (acquisition, rehabilitation, marketing,
develol e). The Cit 'll reimburse the intermediary for such costs.
• If within si' "4' the of Iceting a home for sale, the intermediary has been unable to
identify an inc e q ed homebuyer with adequate cash to make the downpayment
required for a fir age, the intermediary will offer the home for sale under the
terms of a Lease to , "' n Program.
• Lease to Own Program guidelines will be established by the intermediary in consultation
with the City.
• The Lease to Own Program will be operated by the intermediary in consultation with the
City.
• The City has allocated $366,029 of NSP3 funds for this program, and has established a
performance measure of at least one unit acquired, rehabilitated and sold to an income
eligible household. The dollar amount is the minimum that must be allocated to this
program. If necessary to accomplish the goal, additional funds may be transferred from
the other program.
Page 4
20A -41
Acquisition /Rehab /Resale -120 Percent of Area Median
The second of the City's two programs is identical to the first with the three following
exceptions:
• Eligibility is restricted to households with incomes at or below 120 percent of the area
median. Effective June 26, 2010, the applicable income limits were as follows:
Household Size
Income Level
Household Size
Income Level
One
$78,050
Five
$120,400
Two
$89,200
Six
$129,300
Three
$100,350
Seven
$138,250
Four
$111,500
Eigh
$147,150
• For homebuyers participating in this pro
The downpayment requirement is th
not working, the City may re- evaluate
• The City has allocated the sum of $951,67
performance measure of at six units
eligible households. W ,
The City has chosen to allocate the rem
planning.
The City wilLbga ponsib
the City's re`q t debt ratio is 35/40.
Should experien ggest that the ratio is
just it.�'
�a
this ram, and ha5blished a
abilitated and s6:, 'to income
of itsyNR ., funds to administration and
• ' 1 _N lk p I the inte iar y n a ppro J
ist of appraisers to be used for all NSP
';ties.
• Pro I
ayments on imbu nt basis in a timely manner consistent with typical
City pr' s.
• Inspect al erties pr, sed by the intermediary for purchase prior to acquisition,
through the ilita, j rocess, and when ready for sale.
• Approve prope N. N rchase in a timely manner.
• Prior to purchase, r� `eww and approve all work write -ups for costs and scope.
• Assist intermediaries with any contact information for local lending institutions.
• As necessary, use NSP3 funds to provide funds necessary to purchase the homes.
• Provide City loan documents to be recorded on properties.
• Hold monthly meetings with the intermediary, or as often as needed.
• Receive and review Lenders Packet which includes the following: Credit report, City of
Santa Ana loan application, homebuyer class completion certificate, bank statements (3
months), pay stubs (3 months), tax returns (3 years), verification of other income
sources, Estimated Closing Statement, purchase contract.
Page 5
• Approve proposed sales to selected homebuyers. The City will review and approve
homebuyers as to their income eligibility, credit worthiness, compliance with the City's
downpayment requirement and debt ratios.
• Obtain all required City signatures on sales - related documents.
• Obtain all HUD required programmatic approvals and clearances.
S. Intermediary Responsibilities
The selected intermediary will be responsible for the followin
• Identify properties eligible for acquisition under t
V
• Negotiate purchase of the property with the c
which are at least 1% below current mark I e.
• Obtain an appraisal from a City appro., �!i praiser.
d�
• Obtain financing for the purchase, carry osts, reh�
properties.,
• Take and hold title to the p
• For each property, and in coor ti the Cit li
needed rehabilitation."
e hw
• Provide an an veto me the
p
• The City req, hat all es be inshfor term
that corrective u n be to n.
M.
, and obtain purchase prices
ilitation, Adhale of the
lop a scope of work for any
proposed property.
infestation and damage, and
• A as ap : ' u of re`A` ilitation work, obtain bids for the work
�;. quali i ", tract nd sub" i , pposed rehabilitation plan and budget to
for approva stru contract "`Ray not be signed and work may not
cord pence without appr I, f the rehabilitation plan and budget.
• With `,t City appro a inte `ediary may choose to act as its own general
con trac� n that eve' e requirement to prepare and submit the proposed
rehabilitatio ' an and get to the City for approval must still be met.
• Intermediarie in eir own contractors, and hence not soliciting competitive bids
for construction ust submit all information the City may require to insure that
the proposed costs a`' a reasonable.
• For construction contracts exceeding $150,000 obtain and maintain evidence that the
selected contractor is in conformance with the bonding requirements established by
HUD at 24 CFR 85.36(h)
■ Submit a bid guarantee equivalent to 5 percent of the bid amount along
with the bid
■ Obtain a performance bond for 100 percent of the contract price
■ Obtain a payment bond for 100 percent of the contract price
Page 6
4I 1 a
• Obtain final completion certificates, lien releases, certificate of occupancy etc. as
needed to permit transfer of the property to a qualified buyer free of liens and ready for
occupancy.
• Comply with all Federal lead based testing, safe work practices, and clearance
requirements.
• Test all homes for the presence of asbestos, and take appropriate steps to mitigate
asbestos hazards.
•
•
•
•
•
•
•
•
Thoroughly inspect, and test as needed, all homes for the presence of mold, and in
consultation with the City take appropriate steps to mi j ate mold hazards.
Insure that all work is performed in compliance wi '''City's rehabilitation standards
(Attachment 2).
Comply, and require selected contractors strcontr to comply with Federal
local hiring and contracting preference r ments (Sect 4 r .Maintain appropriate
records, complete and submit to the ;, a quarterly basis' form 6002
(Attachment 3).
Submit for payment to City t, ough progres rocedures.�
Using a variety of media, pu he availabiI ehabilitated homes 'to qualified
homebuyers. Maintain a list �d buyers' ti omes in the development
process. 4�r�
Sell homes to elia amebuver
Provide prom
class (8 hours
providers.
ved homebuyer counseling
4 contains a list of local
vithin maximum guidelines. This will be
to the City.
nt "� an eligible buyer.
ebuyer 'hancing programs available.
e homebuyer.
Provide all wan a "I fie homebuyer.
Record on proper' " I required affordability documents (Attachment 5)
Provide City with copies, or upon request originals, of all documents related to the sale
of the homes.
Create and implement as necessary a lease to own program.
Maintain, and require contractors and subcontractors to obtain and maintain the City's
required insurance and a City of Santa Ana business license. The City's insurance
requirements are as follows:
Page 7
�I .
o Liability insurance in an amount of not less than $1 million, with the City named as
an additional insured endorsee. The City's required additional insurance
endorsement is attached to this RFP as Attachment 6.
• Automobile insurance in an amount of not less than $1 million.
• Worker's Compensation Insurance.
• Cooperate with the City in its efforts to comply with all audit requests.
6. Applicant Characteristics
The City seeks respondents who have demonstrated expe
range of activities required by the City's programs, and
NSP. To that end, respondents may propose teams ofu'
knowledge of NSP and demonstrated capacity to,p' ` r`m
If the respondent is a team, the City will req
entity must:
- hold title to the property
- enter into the agreement IWO, - perform all rehabilitation
- receive and be re onsible for
- be responsib uired
The other entities in 11
of understanding, or s
the progr t
will be r4i rse
Other tea "
expertise nett
capacities are
7
nd competency in the entire
are fully conversant with
t as a group have significant
e entity to be the I
icipation,
, men ts
't, and
ity. The lead
r into letters of agreement, memoranda
entity to provide the needed services for
costs that are approved by the City, they
-ns of their agreement.
e that, as a group, they provide all experience and
p plan. Specific items to demonstrate these
I Content section below.
Proposals shall follow th* ' A" outlined below. The RFP is intended to assess and evaluate
each respondent's capz i as they apply to the proposed project. All proposals will be
submitted on 8 %x11 size paper with sections tabbed for easy identification. The proposal
requirements are as follows:
i. Cover Letter and Contact Information Sheet: Each proposal shall be accompanied by a
cover letter identifying the respondent(s) and briefly describing the proposal.
All proposals must include a cover letter and contact information for all lead persons
who be responsible for successful completion of the tasks and goals identified in the
proposal. At a minimum the cover letter must include the following:
Page 8
20A -45
a. Identification and description of the lead organization or person. If an
organization, its legal status (nonprofit corporation, for - profit corporation,
limited partnership, etc.) must be described.
b. Identification of all key persons who will be responsible for major components of
the proposed activity. These include, but are not limited to, securing necessary
funding, completion of necessary repairs, marketing and sale to qualified
homebuyers, and as necessary creation and administration of a lease to own
program.
c. Identification of funding sources that may be available or secured to leverage the
NSP funds.
d. Brief timeline from award of the City contraicompletion of the programs.
The cover letter must be signed by the pers n(. '11 utho to commit the persons and
organizations named in the letter to imp, t the progr .jo, it hin the identified
timeline. If the signature serves to co .: a lead agency then
acknowledgements from the other pa i t organizations and /ors if viduals are to be
attached. �N,,,
The cover letter shall have "' chment co
and organizations named in t 0 tter. The
following:
• Full name, ti
• Mailing adcl
• Telephone n
• Fax number
Propose
that me
mation sheet for all persons
information shall include the
otter and an attached contact information sheet
considered nonresponsive.
a. Direct' lexpe rience king with Neighborhood Stabilization funds.
b. Direct ' n "' rking with the National Community Stabilization Trust.
c. Direct r n h ousing property acquisition: Identify properties acquired
during the past 5 years by type, use, and number of units. Indicate whether they
are currently being operated as affordable housing, or when and how they were
disposed. If the lead entity was not the sole owner of a property, indicate the
ownership structure for such properties and the names and contact information
of the other owner entities. Specify which if any were affordable projects.
d. Direct experience in property rehabilitation: Identify properties rehabilitated
during the past 5 years. Identify the property location, number of units, scope of
rehabilitation (dollar amount), and identify and describe role of lead entity
(owner, contractor, etc.). Also identify the current ownership status of
properties and if applicable, any affordability.
Page 9
e. Financial strength to carry out the required activities: Provide audited financial
statements for the past three years, including balance sheet and statement of
income and expense. If audited statements are not available, submit unaudited
statements certified by the executive officer of the lead entity as accurate and
complete.
f. Access to lines of credit or other financial resources: Provide commitment letter(s),
agreements or other documents showing the amount of credit available, terms
of credit, and conditions of the lender if any for this specific activity.
g. Capacity to carry out its responsibilities: Identify team members who will carry out
the program, including brief resumes describing technical expertise and
experience.
h. If applicable, experience working with some the other team members:
Describe any previous working relations 111 erience with other entities
who are part of the team proposed. t " all fe of agreement, memoranda
of understanding, or similar agre is with the ntity to provide the
needed services for the progr
i. Marketing Plan: Submit market - Jan to be used to sell 't ,' "` nits. The
marketing plan must include effo mark City prefe ` s which include:
city residents and /or mebuyers w e city.; n
j. References: A minimu 9 ee (3) com eferences (name, title, address and
phone number) whom" kayy conta ;� erify services rendered or
current) bein rovide ub i Y g p icy refer . re preferable.
The propose tlget an
items below.
a Time line for le
Ott
�v num
!a Iy
erio
-I Schedule o hes t
SBud get- estima ove
�N i. Acquin rol
j, Rehabilit ion
for thVj . it ,s
•k plan ,, tribe ' !''dude documentation for the
acgd, rehabilitated and sold during time
used in rehabilitation
at(" is of:
ertMR. including standard acquisition costs
in rrying : 4 -, s
iv. e : nd sales
v. De r fees: Indicate when the developer fee will be paid
vi. Inclu a any other known expenses that are not covered but relate to the
project costs
vii. Completed sample home development budget using the table attached
to this RFP as Attachment 7. This sample budget should not include costs
that may be associated with a Lease to Own Agreement (Section iv
below)
e. Total proposed resources for financing the City's projects, including:
i. Respondent cash resources
ii. Loans and lines of credit from others (letter from lenders)
iii. NSP3 funds
Page 10
20A -47
B.
iv. Other state, federal or private funds
iv. Contingency Plan — Lease to Own Program
The City anticipates that it may be necessary to enter into a Lease to Own Agreement with
a prospective homebuyer. The use of such agreements will be restricted to those instances
where six months of marketing have produced no homebuyer. Using the sample
development budget prepared in response to item iii(d) above, respondents should outline
the basics of the lease to own program and agreement they would offer to the prospective
homebuyer. The outline must address the percent of collected rents that would be set
aside for the homebuyer's use as a down payment, how an ongoing costs that could not be
met through remaining rent amounts would be covered, '_ ow many months
homebuyers would be given to acquire the necessary
v. Proof of Insurance!
Respondent should include verification o City's requi surance.
• Evidence of a current worker's com on insurance, if cable;
• Evidence of liability insurance in an a nt of not less than $1' t Lion; and,
• Evidence of business automobile liabilit' prance. � n amount J� t less than $1
million. «r iA
a.
b.
M', ' is performance will be
a meet the following expenditure
in two years of the contract date
within three years of the contract date
er that will enable the City to meet this
Method of Fundir`t
Selected respondent's will be given NSP3 funded loans to finance the acquisition and /or
rehabilitation and redevelopment of properties deemed appropriate for this program
and not covered by other funding sources. All such loans will be secured by means of
promissory notes and recorded deeds of trust.
c. Affirmative Action
The City of Santa Ana has an affirmative action program. Qualified firms including small
businesses and businesses owned by women, minorities and disabled persons are
encouraged to submit proposals. Contractors shall agree to comply with the City's
Page 11
ordinances and regulations regarding Affirmative Action and Equal Employment
Opportunity.
d. Certificate of Insurance and Santa Ana Business License
The individual or firm selected to provide the requested services will be required to
maintain the insurance described above as well as the City business license. They will
also be required to obtain an additional insured endorsement in the form found in
attachment 6 for the Liability Insurance
Failure to maintain the required proof of insurance shall be cause for cancellation of the award
and selection of another qualified individual or firm.
9. CRITERIA FOR SELECTION
The proposals received will be reviewed by an ion team co �ed of City staff. All
proposals will be fully considered and rated r evaluation team. election will be based
upon completeness, experience with affordab I' ', sing development, td' ical merit, cost
competitiveness and time to perform, as they rel thep ' 0irements ids" ";'fied in this RFP.
10. PROPOSAL REJECTION
The City reserves the right to reject
contractual expenses. _
and is not liable for pre-
contents of the proposal shall become a
b consultant to accept this obligation will
02/23/2011
Release RPF - mail and email
03/22/2011
Proposals Due
03/28/2011
Contact highest ranked
04/04/2011
Interviews for highest ranked
04/19/2011
05/02/2011
Recommendation to the Redevelopment and Housing Commission
Council approval
If there are any questions regarding the RFP please submit them in writing, via email or
fax to Juanita Preciado- Hernandez to the address and FAX number below.
Page 12
Email address: ipreciadohernandez @santa - ana.org
FAX: 714 - 667 -2225
All questions and answers will be posted on the City's NSP website.
http: / /www.ci. santa- ana. ca. us/ cda/ NeighborhoodStabiIizationProgram asp
b. Submission Requirements
Interested parties are invited to submit Five !
envelope via mail, hand delivery or courier to:
City of Santa Ana
Community Dev
20 Civic Cent
Santa Ana, CA ` i
Attention: Juanit
DEADLINE: March 22, 2011��4,
awa61'
All costs incurred in th
a
ion oft h
and /or any aspect o pos
Nroposa
r to aw .o
respondent. The Cit `L provid
ly staff a
to herein and will not b onsi
for any co
incurred by ponden`
h�aJl not i
respons
Dent Agency
(Third Floor)
ado,; tnandez
ipmiss'li *& additional information
tpir ract will be borne solely by the
ce and do` `'mentation specifically referred
obligation of any kind, which may be
I& any such expenses as part of the bid in
The sign' the Proposa t de in writing that the only person, persons, company or
parties int` d in the pro I as p J, als are named therein; that the proposal is made
without collus ' ith any oth erson, 'ersons, company or parties submitting a proposal;
that it is in all res fair and ' ood faith without collusion or fraud; and, that the signer of
the proposal has fu ' ority `ind the principal proposer.
Incomplete proposals ancosals received after this deadline will not be considered.
The 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
Page 13
41l_��C
NSP 3 Target Geography
ERA
EDINGER
r
r
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AV
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xe un
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: PDMDNA Sr
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BERKELEY 9T
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« a xn
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°O OCCIDEMAl3T
COMMERCIAL ST
T ANDREW PL
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Sr ANDREW PL
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ST GERTRUDE
PL
ST GERTRUDE PL
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ST GERTRUDE PL
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NSP3 Target Area
Avg. Max Score = 18.96
ATTACHMENT 1
20A -51
O(D
o zoo 400 600
Feet
Neighborhood ID: 4598846
NSP3 Planning Data
Grantee ID: 0633420E
Grantee State: CA
Grantee Name: SANTA ANA
Grantee Address: 20 Civic Center Plaza, M -37 Santa Ana CA 92702
Grantee Email: maguilar @ santa - ana.org
Neighborhood Name: NSP 3 Final Target Area
Date:2011 -01 -27 00:00:00
NSP3 Score
The neighborhoods identified by the NSP3 grantee as being the areas of greatest need must have an
individual or average combined index score for the grantee's identified target geography that is not less than
the lesser of 17 or the twentieth percentile most needy score in an individual state. For example, if a state's
twentieth percentile most needy census tract is 18, the requirement will be a minimum need of 17. If,
however, a state's twentieth percentile most needy census tract is 15, the requirement will be a minimum
need of 15. If more than one neighborhood is identified in the Action Plan, HUD will average the
Neighborhood Scores, weighting the scores by the estimated number of housing units in each identified
neighborhood.
Neighborhood NSP3 Score: 18.96
State Minimum Threshold NSP3 Score: 17
Total Housing Units in Neighborhood: 731
Area Benefit Eligibility
Percent Persons Less than 120% AMI: 84.79
Percent Persons Less than 80% AMI: 62.02
Neighborhood Attributes (Estimates)
Vacancy Estimate
USPS data on addresses not receiving mail in the last 90 days or "NoStat" can be a useful measure of
whether or not a target area has a serious vacancy problem. For urban neighborhoods, HUD has found that
neighborhoods with a very high number vacant addresses relative to the total addresses in an area to be a
very good indicator of a current for potentially serious blight problem.
The USPS "NoStat" indicator can mean different things. In rural areas, it is an indicator of vacancy. However,
it can also be an address that has been issued but not ever used, it can indicate units under development,
and it can be a very distressed property (most of the still flood damaged properties in New Orleans are
NoStat). When using this variable, users need to understand the target area identified.
In addition, the housing unit counts HUD gets from the US Census indicated above are usually close to the
residential address counts from the USPS below. However, if the Census and USPS counts are substantially
different for your identified target area, users are advised to use the information below with caution. For
example if there are many NoStats in an area for units never built, the USPS residential address count may
be larger than the Census number; if the area is a rural area largely served by PO boxes it may have fewer
addresses than housing units.
USPS Residential Addresses in Neighborhood: 712
Residential Addresses Vacant 90 or more days (USPS, March 2010): 14
Residential Addresses NoStat (USPS, March 2010): 0
ATTACHMENT 1
T��
Foreclosure Estimates
HUD has developed a model for predicting where foreclosures are likely. That model estimates serious
delinquency rates using data on the leading causes of foreclosures - subprime loans (HMDA Census Tract
data on high cost and highly leveraged loans), increasing unemployment (BLS data on unemployment rate
change), and fall in home values (FHFA data on house price change). The predicted serious delinquency rate
is then used to apportion the state total counts of foreclosure starts (from the Mortgage Bankers Association)
and REOs (from RealtyTrac) to individual block groups.
Total Housing Units to receive a mortgage between 2004 and 2007: 508
Percent of Housing Units with a high cost mortgage between 2004 and 2007: 30.81
Percent of Housing Units 90 or more days delinquent or in foreclosure: 17.37
Number of Foreclosure Starts in past year: 42
Number of Housing Units Real Estate Owned July 2009 to June 2010: 24
HUD is encouraging grantees to have small enough target areas for NSP 3 such that their dollars will have a
visible impact on the neighborhood. Nationwide there have been over 1.9 million foreclosure completions in
the past two years. NSP 1, 2, and 3 combined are estimated to only be able to address 100,000 to 120,000
foreclosures. To stabilize a neighborhood requires focused investment.
Estimated number of properties needed to make an impact in identified target area (20% of REO in past
year): 9
Supporting Data
Metropolitan Area (or non - metropolitan area balance) percent fall in home value since peak value (Federal
Housing Finance Agency Home Price Index through June 2010): -29.3
Place (if place over 20,000) or county unemployment rate June 2005': 5.7
Place (if place over 20,000) or county unemployment rate June 2010': 14.4
'Bureau of Labor Statistics Local Area Unemployment Statistics
Market Analysis:
HUD is providing the data above as a tool for both neighborhood targeting and to help inform the strategy
development. Some things to consider:
1. Persistent Unemployment. Is this an area with persistently high unemployment? Serious consideration
should be given to a rental strategy rather than a homeownership strategy.
2. Home Value Change and Vacancy. Is this an area where foreclosures are largely due to a combination of
falling home values, a recent spike in unemployment, and a relatively low vacancy rate? A down payment
assistance program may be an effective strategy.
3. Persistently High Vacancy. Are there a high number of substandard vacant addresses in the target area of
a community with persistently high unemployment? A demolition /land bank strategy with selected acquisition
rehab for rental or lease- purchase might be considered.
4. Historically low vacancy that is now rising. A targeted strategy of acquisition for homeownership and rental
to retain or regain neighborhood stability might be considered.
5. Historically high cost rental market. Does this market historically have very high rents with low vacancies?
A strategy of acquiring properties and developing them as long -term affordable rental might be considered.
Latitude and Longitude of corner points
ATTACHMENT 1
467_1 *?
- 117.877507 33.727249 - 117.877486 33.724652 - 117.877121 33.724643 - 117.877153 33.722930
- 117.877239 33.722707 - 117.877196 33.719780 - 117.870383 33.719717 - 117.870362 33.725205
- 117.870405 33.727240
Blocks Comprising Target Neighborhood
060590741033000, 060590741033009, 060590742003004, 060590742003006 ,060590742003008,
060590742003007, 060590742003005, 060590742003003, 060590742003002 ,060590742004016,
060590742004015, 060590742004014, 060590742004013, 060590742004012 ,060590742004011,
060590742004010, 060590742004009, 060590742004008, 060590742004003 ,060590742004004,
060590742004005, 060590742004007 ,060590742004006,
ATTACHMENT 1
20/A-54
ATTACHMENT 2
NSP REHABILITATION STANDARDS
PREFACE
The primary purpose of these standards is to address the quality of workmanship and
materials expected, and to achieve consistency throughout the NSP3 program activities
administered by the City of Santa Ana. These standards are not intended to reduce or
exclude the requirements of any federal, state or local codes, standards, ordinances and
regulations that apply to residential rehabilitation.
WORKMANSHIP
• All work shall be performed in a professional and workmanlike manner.
• The quality and durability of the work shall meet or exceed the standards
established by the construction industry and various trades.
MATERIALS & EQUIPMENT
• All materials and equipment shall comply with and be installed in
accordance with the manufacturer's requirements and all applicable codes,
standards, ordinances and regulations. If a discrepancy occurs between
the requirements, the more stringent shall prevail.
• Unless otherwise specified, all materials and equipment shall be medium
grade.
• Economy grade materials and equipment are unacceptable.
• All materials and equipment shall be new, in excellent condition, and
delivered to the job in the manufacturer's original packaging.
• The description of materials and equipment found in this document
establish a minimum standard.
ENERGY EFFICIENCY, WATER CONSERVATION & RECYCLED MATERIALS
To the extent possible and practical, standard measures related to energy conservation,
energy efficiency, water conservation and the use of recycled materials have been
incorporated herein. Gut rehabilitation or new construction of residential buildings up
to three stories will be designed to meet the standard for Energy Star Qualified New
Homes. Gut rehabilitation or new construction of mid or high rise multi - family housing
must be designed to meet the American Society of heating, Refrigerating and Air -
Conditioning Engineers (ASHRAE) Standard 90.1 -2004, Appendix G plus 20 percent.
LEAD -BASED PAINT
All housing built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's
Lead Safe Housing Rule regarding the evaluation and control of lead -based paint
NSP3 Substantial Amendment Page 1
City of Santa Ana
20A -55
ATTACHMENT 2
hazards. HUD's guidelines are available at
http: / /www.hud.gov /offices /lead /lbp /hudciuidelines /index cfm.
BUILDING STANDARDS
SITE
Minimum Standard
• The site shall be hazard -free and sanitary.
• The site and all paving shall drain away from the
dwelling and accessory buildings.
• Paving and walkways shall be hazard -free and intact.
• Landscaping and irrigation systems shall be hazard -free
and in relatively good condition. All dead vegetation shall
be removed.
• Fencing, walls and gates hazard -free and intact. All
gates shall be in good working order.
• The site shall be free from trash, debris and hazardous
materials.
• Accessory buildings shall be safe and sound.
Paving
• All new paving and walkways shall be constructed with
concrete (2,000 PSI @ 28 days).
• Driveways shall be reinforced with wire mesh. Sawn
expansion- contraction joints shall be placed every 8 feet in
both directions.
• All paving and walkways shall be finished with a light
broom texture.
• All walkways shall be at least 3 feet wide. Sawn
expansion-contraction joints shall be placed every 4 feet.
Landscaping &
• To the extent possible and practical all new landscaping
Irrigation
shall be drought resistant.
• When a lawn is being replaced, the new lawn area shall
be reduced to aid in the reduction of water consumption.
• New irrigation controllers shall be weather or sensor
based and EPA Water -Sense qualified.
• All new irrigation systems shall be designed to conserve
water.
Fences, Walls & Gates
• All new wood fences shall be made from good quality
materials. They shall be properly supported with 4X4
pressure treated posts (8 feet O.C) and 2X4 rails (top and
bottom). The osts shall be embedded in a concrete
NSP3 Substantial Amendment
City of Santa Ana
41MO 16
Page 2
ATTACHMENT 2
footing at least 18" deep.
• All new block walls shall be constructed with 6X8X16
concrete block. They shall be properly supported by a
continuous footing and reinforced with steel bar.
PORCHES, STEPS, BALCONIES & RAILING
Minimum Standard
. Safe and structurally sound.
Rehabilitation
• Porches, steps, balconies and railing that do not meet
the minimum standard shall be replaced. Practical, cost
effective repairs are acceptable as long as compliance with
the minimum standard will be achieved.
Concrete
• 2,000 PSI (minimum).
Finishes
• Zero or low VOC primers, paint and coatings.
FOUNDATIONS
Minimum Standard
• Safe and structurally sound.
Rehabilitation
• Foundations that do not meet the minimum standard
shall be replaced. Practical, cost effective repairs are
acceptable as long as compliance with the minimum
standard will be achieved.
• If the project involves a gut rehab, raised foundations
shall be completely insulated.
Concrete
• 2,000 PSI (minimum).
EXTERIOR WALLS
Minimum Standard
• Safe, structurally sound and weather-tight.
Rehabilitation
• Exterior walls that do not meet the minimum standard
shall be replaced. Practical, cost effective repairs are
acceptable as long as compliance with the minimum
standard will be achieved.
• Seal all joints.
• If the project involves a gut rehab, all exterior walls shall
be insulated.
EXTERIOR DOORS
Minimum Standard • Safe, sound, weather -tight and in good working order.
• Five or more years of practical utility.
Rehabilitation • Exterior doors that do not meet the minimum standard
NSP3 Substantial Amendment
City of Santa Ana
20A -57
Page 3
ATTACHMENT 2
GARAGE DOORS
shall be replaced. Practical, cost effective repairs are
• Safe, sound and in good working order.
acceptable as long as compliance with the minimum
• Five or more years of practical utility.
standard will be achieved.
New Doors
• EPA Energy Star qualified, zero or low VOC finish.
New Hardware
• Reputable manufacturer, lifetime finish.
GARAGE DOORS
Minimum Standard
• Safe, sound and in good working order.
• Five or more years of practical utility.
Rehabilitation
• Garage doors that do not meet the minimum standard
shall be replaced. Practical, cost effective repairs are
acceptable as long as compliance with the minimum
Rehabilitation
standard will be achieved.
WINDOWS
Minimum Standard
• Safe, sound, weather -tight and in good working order.
• Five or more years of practical utility.
Rehabilitation
• Windows that do not meet the minimum standard shall
be replaced. Practical, cost effective repairs are acceptable
as long as compliance with the minimum standard will be
Rehabilitation
achieved.
New Windows
• Reputable manufacturer.
• EPA Energy Star qualified.
EXTERIOR PAINT
Minimum Standard
Homes built before 1978 must comply with 24 CFR Part
35 Subpart J and HUD's Lead Safe Housing Rule regarding
the evaluation and control of lead -based paint hazards.
• All exterior paint shall be intact and corrosion free.
• Five or more years of practical utility.
Rehabilitation
• All surfaces to be painted shall be prepared properly. All
loose material and peeling paint shall be removed.
• All holes and cracks shall be filled and finished so that
they blend into the surrounding area.
• All stucco surfaces to be painted shall receive a complete
and even coverage of stucco paint.
• All wood surfaces to be painted shall receive a complete
and even coverage of flat exterior paint.
• Poor workmanship will not be tolerated.
NSP3 Substantial Amendment
City of Santa Ana
Page 4
ATTACHMENT 2
New Paint • Reputable manufacturer.
• Highest quality available.
• Zero or low VOC paint, caulking and fillers.
WALLS, FLOORS AND CEILINGS
Minimum Standard
• Safe and structurally sound.
• All plaster, cloLmall and paneling shall be safe and intact.
Rehabilitation
e Walls, floors and ceilings that do not meet the minimum
standard shall be replaced. Practical, cost effective repairs
are acceptable as Jong as compliance with the minimum
standard will be achieved.
Replacement Floor
• If the project involves a gut rehab, the attic, walls and
Coverings
floor on raised foundations shall be insulated.
FLOOR COVERINGS
Minimum Standard
• Safe, sound and sanitary.
• Five or more years of practical utility.
Rehabilitation
• Floor coverings that do not meet the minimum standard
shall be replaced. Practical, cost effective repairs are
acceptable 'aslong as compliance with the minimum
standard will be achieved.
Replacement Floor
• Carpet & Pad (Reputable manufacturer, recycled
Coverings
materials).
• Resilient Flooring (Reputable manufacturer, 10 year wear
warranty).
• Ceramic Tile (Reputable manufacturer)
INTERIOR DOORS
Minimum Standard
• Safe, sound and in good working order.
• Five or more ears of practical utility.
Rehabilitation
• Interior doors that do not meet the minimum standard
shall be replaced. Practical, cost effective repairs are
acceptable as long as compliance with the minimum
standard will be achieved.
Replacement Doors &
• Doors (Reputable manufacturer, masonite, raised panel).
Hardware
• Hardware (Reputable manufacturer, lifetime finish).
INTERIOR PAINT
Minimum Standard • Homes built before 1978 must comply with 24 CFR Part
NSP3 Substantial Amendment Page 5
City of Santa Ana
ATTACHMENT 2
KITCHEN CABINETS & COUNTERTOPS
35 Subpart J and HUD's Lead Safe Housing Rule regarding
the evaluation and control of lead -based paint hazards.
• All interior paint shall be intact, corrosion -free and
sanitary.
• Five or more years of practical utility.
Rehabilitation
. All surfaces to be painted shall be prepared properly. All
working order.
loose material and peeling paint shall be removed.
• Countertops shall be safe, sound, sanitary and
• All holes and cracks shall be filled and finished so that
watertight.
they blend into the surrounding area.
• Five or more years of practical utility.
• All surfaces to be painted shall receive a complete and
• Cabinets and countertops that do not meet the
even coverage of flat paint (semi -gloss in kitchens,
minimum standard shall be replaced. Practical, cost
bathrooms and laundry rooms).
effective repairs are acceptable as long as compliance with
• Poor workmanship will not be tolerated.
New Paint
. Reputable manufacturer.
• Reputable manufacturer.
• Highest quality available.
• Solid hardwood face - frames, door - frames and drawer
• Zero or low VOC paint, caulking and fillers.
KITCHEN CABINETS & COUNTERTOPS
Minimum Standard
• Cabinets shall be safe, sound, sanitary and in good
working order.
• Countertops shall be safe, sound, sanitary and
watertight.
• Five or more years of practical utility.
Rehabilitation
• Cabinets and countertops that do not meet the
minimum standard shall be replaced. Practical, cost
effective repairs are acceptable as long as compliance with
the minimum standard will be achieved.
Replacement Cabinets
• Reputable manufacturer.
• Solid hardwood face - frames, door - frames and drawer
fronts.
• Metal and nylon drawer guides.
• Low or zero VOC adhesives and finishes.
Replacement
• Reputable manufacturer.
Countertops
• 4" ceramic tile, 6" backs lash, bull -nose edge.
KITCHEN FIXTURES, EQUIPMENT & APPLIANCES
Minimum Standard
• Safe, sound, sanitary and in good working order.
• Faucets shall (at a minimum) be equipped with a low -
flow aerator.
NSP3 Substantial Amendment
City of Santa Ana
Page 6
ATTACHMENT 2
BATHROOM FIXTURES & EQUIPMENT
•
Five or more years of practical utility.
Rehabilitation
.
Kitchen fixtures, equipment and appliances that do not
flow aerator.
meet
the minimum standard shall be replaced. Practical,
cost effective repairs are acceptable as long as compliance
with the minimum standard will be achieved.
Replacement Sinks
•
Reputable manufacturer.
• Five or more years of practical utility.
•
18- ua a (minimum) stainless steel.
Replacement Faucets
•
EPA Water -Sense qualified.
•
Reputable manufacturer.
•
Brass construction, metal housing.
Replacement
•
Reputable manufacturer.
Disposals
•
1/2 HP motor (minimum).
•
Stainless steel swivel lugs.
Replacement
•
EPA Energy Star qualified.
Dishwashers
•
Reputable manufacturer.
Replacement Range
•
EPA Energy Star qualified.
Hoods
•
Reputable manufacturer.
Replacement Ranges
•
Reputable manufacturer.
•
Pilot -free ignition.
•
Four sealed burners.
•
Self-cleaning oven with timer.
Replacement Cook
•
Reputable manufacturer.
Tops
.
Pilot -free ignition.
•
Four sealed burners.
Wall Ovens
•
Reputable manufacturer.
•
Pilot -free ignition.
•
Self-cleaning oven with timer.
BATHROOM FIXTURES & EQUIPMENT
Minimum Standard
• Safe, sound, sanitary and in good working order.
• Faucets shall (at a minimum) be equipped with a low -
flow aerator.
• Showerheads shall (at a minimum) be equipped with
low -flow aerator.
• Porcelain sinks shall be free from any cracks or chips.
• Steel sinks shall be free from any rust or corrosion.
• Five or more years of practical utility.
Rehabilitation
• Bathroom fixtures and equipment that do not meet the
minimum standard shall be replaced. Practical, cost
NSP3 Substantial Amendment
City of Santa Ana
��I�0
Page 7
ATTACHMENT 2
WATER SUPPLY, WASTE & VENT PIPING
effective repairs are acceptable as long as compliance with
• Safe, sound and leak -free.
the minimum standard will be achieved.
• Piping (supply, waste and vent) that does not meet the
•
Toilets that require more than 1.6 GPF shall be replaced
regardless
of their condition.
Replacement Sinks
•
Reputable manufacturer.
Water Supply Piping
•
Cast iron, white enamel finish.
Replacement Faucets
•
EPA Water -Sense qualified.
•
Reputable manufacturer.
•
Brass construction, metal housing.
Replacement Toilets
•
Reputable manufacturer.
•
EPA Water -Sense qualified (1.28 GPF)
Replacement Tubs
•
Reputable manufacturer.
•
Cast iron body, white enamel finish, slip resistant bottom.
•
EPA Water -Sense qualified plumbing fixtures.
Replacement
•
Reputable manufacturer.
Combination
•
Cast iron body, white enamel finish, slip resistant bottom.
Tub - Showers
•
4" ceramic tile surround.
•
Anodized aluminum doors with tempered glass.
•
EPA Water -Sense qualified plumbing fixtures.
Replacement Showers
•
Reputable manufacturer.
•
4" ceramic tile.
0
Anodized aluminum door with tempered glass.
a
EPA Water -Sense qualified plumbing fixtures.
Replacement
•
Reputable manufacturer.
Medicine Cabinets
•
Steel body, beveled mirror door.
Towel Bars & Toilet
•
Reputable manufacturer.
Paper Holders
•
Metal construction, polished chrome finish.
WATER SUPPLY, WASTE & VENT PIPING
Minimum Standard
• Safe, sound and leak -free.
Rehabilitation
• Piping (supply, waste and vent) that does not meet the
minimum standard shall be replaced. Practical, cost
effective repairs are acceptable as long as compliance with
the minimum standard will be achieved.
Replacement
• Copper, type "L ".
Water Supply Piping
Replacement
• Schedule 40 ABS.
Waste & Vent Piping
NSP3 Substantial Amendment
City of Santa Ana
Page 8
ATTACHMENT 2
WATER HEATERS
Minimum Standard
• Safe, sound and in good working order.
• Five or more years of practical utility.
Rehabilitation
• Water heaters that do not meet the minimum standard
shall be replaced. Practical, cost effective repairs are
acceptable as long as compliance with the minimum
Rehabilitation
standard will be achieved.
Replacement
• Reputable manufacturer.
Water Heaters (Tank)
• EPA Energy Star qualified.
• 40-gallon insulated tank.
Replacement
• Reputable manufacturer.
Water Heater
• EPA Energy Star qualified.
(Tank -Less)
. Reputable manufacturer.
ELECTRICAL SERVICE AND WIRING
Minimum Standard
• Safe, sound and in good working order.
• 100-ampere minimum service.
Rehabilitation
• Electrical service panels, breakers and wiring that do not
meet the minimum standard shall be replaced. Practical,
cost effective repairs are acceptable as long as compliance
Rehabilitation
with the minimum "standard will be achieved.
• Knob and tube wiring shall be replaced regardless of its
condition.
• Overhead wiring from a dwelling to a detached garage
or accessory building shall be installed underground
recjardless of its condition.
Replacement
. Reputable manufacturer.
Service
• 100-ampere (minimum).
Replacement
• Romex (NM cable).
Wiring
ELECTRICAL SWITCHES, OUTLETS & LIGHTING FIXTURES
Minimum Standard
• Safe, sound and in good working order.
• Light fixtures shall (at a minimum) be equipped with CFL
bulbs.
• Exterior lighting fixtures used for security shall be
equipped with a motion sensor.
Rehabilitation
• Electrical switches, outlets and lighting fixtures that do
not meet the minimum standard shall be replaced. Practical,
NSP3 Substantial Amendment
City of Santa Ana
41L� *1
Page 9
ATTACHMENT 2
NON - PERMITTED ADDITIONS AND CONVERSIONS
cost: effective repairs are acceptable as long as compliance
• Additions and alterations that were constructed without
with the minimum standard will be achieved.
a building permit and are clearly substandard shall be
• All new light fixtures shall be U.L. approved and Energy
removed.
Star qualified.
• Additions and alterations that were constructed without
• Outlets located within 6 feet of a source of water shall be
a building permit, but appear to be compliant, shall be
ground fault protected.
inspected by the City's Building Official to determine if a
• Exterior switches and outlets shall be weatherproof.
Replacement
• U.L. approved.
Switches & Outlets
Replacement
• Reputable manufacturer.
Lighting Fixtures
• U.L. approved and EPA Energy Star qualified.
HVAC
Minimum Standard
• Safe, sound and in good working order.
• Eight or more years of practical utility.
Rehabilitation
• HVAC that does not meet the minimum standard shall
be replaced. Practical, cost effective repairs are acceptable
as long as compliance with the minimum standard will be
achieved.
• Tune -up all HVAC equipment (as a minimum).
• Seal all ducts (as a minimum).
• All new HVAC equipment shall be sized properly.
Furnaces
• Reputable manufacturer.
• EPA Energy Star qualified.
Central Air
• Reputable manufacturer.
Conditioners
• EPA Energy Star qualified.
Thermostats
• Reputable manufacturer.
• EPA Energy Star qualified.
• Pro rammable.
NON - PERMITTED ADDITIONS AND CONVERSIONS
Minimum Standard
• Additions and alterations that were constructed without
a building permit and are clearly substandard shall be
removed.
• Additions and alterations that were constructed without
a building permit, but appear to be compliant, shall be
inspected by the City's Building Official to determine if a
buildin ermit can be issued and they can be saved.
NSP3 Substantial Amendment
City of Santa Ana
Page 10
Section 3 Summary Report
Economic Opportunities for
Low — and Very Low - Income Persons
Section back of page for Public Reporting Burden statement
ATTACHMENT 3
U.S. Department of Housing
and Urban Development
Office of Fair Housing
And Equal Opportunity
OMB Approval No: 2529 -0043
(exp. 1113012010)
HUD Field Ofllce:
1. Recipient Name & Address: (street, city, state, zip)
Z. Federal Identigwtion: (grant no.)
3. Total Amount of Award:
4. Contact Person
5. Phone: (Include area code)
6. Length of Grant
7. Reporting Period:
8. Date Report Submittetl;
9. Program Code: (Use separate sheet
10. Program Name:
for each program code)
Part I: Em io ment and Trainin "'
Columns B C
and F are mandato
fields. Include New Hires
in E &F
A
B
C
D
E
F
Job Category
Number of
New Hires
Number of New
Hires that
% of Aggregate Number
% of Total Staff Hours
Number of Section 3
are
of Start Hours of New Hires
for Section 3 Employees
Trainees
Sec. 3 Residents
that are $ac. 3 Residents
and Trainees
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Program Codes 3 = Public Indian Housing 4 = Homeless Assistance
1 - Flexible Subs' 8 : CDBG State Administered
2 = Section 202/8 A = Development 5 =HOME 9 = Other CD Programs
B °Operation 6 = HOME State Administered 10.Other Housing Programs
C = Modernization 7 - CDBG Entitlement
Pagel of 2 form HUD 110002 (812001)
Ref 24 CFR 135
'kilimp.p
Part II: Contracts Awarded
1. Construction Contracts:
A. Total dollar amount of all contracts awarded on the project $
B. Total dollar amount of contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving contracts
2. Non-Construction Contracts:
A. Total dollar amount all non - construction contracts awarded on the projectlactivity $
B. Total dollar amount of non - construction contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses %
D. Total number of Section 3 businesses receiving non- constructlon contracts
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing
and community development programs, to the greatest extent feasible, toward low -and very low- income persons, particularly those who
are recipients of government assistance for housing. (Check all that apply.)
Attempted to recruit low- income residents through: local advertising media, signs prominently displayed at the project site,
contracts with the community organizations and public or private agencies operating within the metropolitan area (or
nonmetropolitan county) In which the Section 3 covered program or project is located,-or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residents.
Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the
definition of Section 3 business concerns.
Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located.
Other; describe below.
Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB
number.
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, mandates that the Department ensures that
employment and other economic opportunities generated by its housing and community development assistance programs are directed
toward low- and very-low Income persons, particularly those who are recipients of government assistance housing. The regulations are
found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to
assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by
recipients as self - monitoring tool. The data is entered Into a database and will be analyzed and distributed. The collection of information
involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The
information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act
and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB
Circular A -108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying
information is not included.
Page 2 of 2 form HUD 60002 (11/2010)
Ref 24 CFR 135
411"IMPOT-61,
Form HUD - 60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-income Persons.
Instructions: This form is to be used to report annual
accomplishments regarding employment and other economic
opportunities provided to low- and very low- income persons under
Section 3 of the Housing and Urban Development Act of 1968. The
Section 3 regulations apply to any public and Indian housing
programs that receive: (1) development assistance pursuant to
Section 5 of the U.S. Housing Act of 1937; (2) operating assistance
pursuant to Section 9 of the U.S. Housing Act of 1937; or (3)
modernization grants pursuant to Section 14 of the U.S. Housing Act
of 1937 and to recipients of housing and community development
assistance In excess of $200,000 expended for (1) housing
rehabilitation Qncluding reduction and abatement of lead -based paint
hazards}; (2) housing construction; or (3) other public construction
projects: and to contracts and subcontracts in excess of $100,000
awarded In connection with the Section -3- covered activity.
Form HUD -60002 has three parts, which are to be completed for
all programs covered by Section 3. Part I relates to employment
and training. The recipient has the option to determine numerical
employment/lraining goals either on the basis of the number of hours
worked by new hires (columns B, D, E and F). Part II of the form
relates to contracting, and Part iIi summarizes recipients' efforts to
comply with Section 3.
Recipients or contractors subject to Section 3 requirements must
maintain appropriate documentation to establish that HUD financial
assistance for housing and community development programs were
directed toward low- and very low- income persons.' A recipient of
Section 3 covered assistance shall submit one copy of this report to
HUD Headquarters, Office of Fair Housing and Equal Opportunity.
Where the program providing assistance requires an annual
performance report, this Section 3 report is to be submitted at the
same time the program performance report is submitted. Where an
annual performance report is not required, this Section 3 report is to be
submitted by January 10 and, If the project ends before December 31,
within 10 days of project completion. Only Prime Recipients are
required to report to HUD. The report must include
accomplishments of all recipients and their Section 3 covered
contractors and subcontractors.
HUD Field Office: Enter the Field Office name.
1. Recipient: Enter the name and address of the recipient
submitting this report.
2. Federal Identification: Enter the number that appears on the
award form (with dashes). The award may be a grant,
cooperative agreement or contract.
3. Dollar Amount of Award: Enter the dollar amount, rounded to the
nearest dollar, received by the recipient.
4 & 5. Contact Person/Phone: Enter the name and telephone number
of the person with knowledge of the award and the recipient's
Implementation of Section 3.
6. Reporting Period: Indicate the time period (months and year)
this report covers.
7. Date Report Submitted: Enter the appropriate date.
Submit one (1) copy of this report to the HUD Headquarters Office of
Fair Housing and Equal Opportunity, at the same time the
performance report is submitted to the program office. The Section 3
report is submitted by January 10. Include only contracts executed
during the period specified in item 8. PHAs/IHAs are to report all
contracts/subcontracts.
The terms "bw -income persons" and very low -income persona" have
the same meanings given the terms in section 3 (b) (2) of the United
States Housing Act of 1937. Low-income persons mean families
(including single persons) whose incomes do not exceed 80 percent of
the median Income for the area, as determined by the Secretary, with
adjustments for smaller and larger families, except that
Pages
8. Program Code: Enter the appropriate program code as listed at
the bottom of the page.
9. Program Name: Enter the name of HUD Program corresponding
with the "Program Code' in number 8.
Part is Employment and Training Opportunities
Column A: Contains various job categories. Professionals are
defined as people who have special knowledge of an occupation (i.e,
supervisors, architects, surveyors, planners, and computer
programmers). For construction positions, list each trade and provide
data In columns B through F for each trade where persons were
employed. The category of'Other" includes occupations such as
service workers.
Column B: (Mandatory Field) Enter the number of new hires for
each category of workers identified in Column A in connection with
this award. New hire refers to a person who is not on the contractors
or recipient's payroll for employment at the time of selection for the
Section 3 covered award or at the time of receipt of Section 3 covered
assistance.
Column C: (Mandatory Field) Enter the number of Section 3 new
hires for each category of workers identified in Column A In
connection with this award. Section 3 new hire refers to a Section 3
resident who is not on the contractor's or recipients payroll for
employment at the time of selection for the Section 3 covered award or
at the time of receipt of Section 3 covered assistance.
Column D: Enter the percentage of all the staff hours of new hires
(Section 3 residents) in connection with this award.
Column E: Enter the percentage of the total staff hours worked for
Section 3 employees and trainees (including new hires) connected
with this award. Include staff hours for part-time and full -time
Positions.
Column F: (Mandatory Field) Enter the number of Section 3
residents that were trained in connection with this award.
Part Ik Contract Opportunities
Block 1: Construction Contracts
Hem A: Enter the total dollar amount of all contracts awarded on the
project/program.
Item B: Enter the total dollar amount of contracts connected with this
project/program that were awarded to Section 3 businesses.
hem C: Enter the percentage of the total dollar amount of contracts
connected with this project/program awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Block 2: Non - Construction Contracts
Item A: Enter the total dollar amount of all contracts awarded on the
project/program.
Item B: Enter the total dollar amount of contracts connected with this
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total dollar amount of contracts
connected with this project/program awarded to Section 3 businesses.
Item D: Enter the number of Section 3 businesses receiving awards.
Part III: Summary of Efforts — Self - explanatory
The Secretary may establish Income ceilings higher or lower than 80 percent
of the median for the area on the basis of the Secretarys findings such that
variations are necessary because of prevailing levels of construction costs
or unusually high- or low -income families. Very low -income persons mean
low- Income families (including single persons) whose incomes do not
exceed 50 percent of the median family income area, as determined by the
Secretary with adjustments or smaller and larger families, except that the
Secretary may establish income ceilings higher or lower than 50 percent of
the median for the area on the basis of the Secretary's findings that such
variations are necessary because of unusually high or low family Incomes.
�� A 0
Corm HUD 80002 (1112010)
Ref 24 CFR 135
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t�tl5it g a+ati i igt #xorh zrs f. k�(dpm*nT DiVW..0 �-O Ci Ol Oter i' aza Thlttf lcaar, fia zt rra, CA �}
HOMEBUYER COUNSELING AGENCIES
The following organizations have been approved by the U.S. Department of Housing and Urban
Development (HUD) as providers of homebuyer education in Orange County. The City of Santa Ana
Downpayment Assistance Program requires that prospective homebuyers complete a pre - purchase
counseling program from one of these agencies prior to applying for a loan to purchase a home. The
information contained in this list is based on HUD's website (www.hud.gov) effective July 2009.
Please contact the providers for current information or updates.
Neighborhood
198 W. Lincoln Ave., Phone: (714) 490 -1250 Pre - purchase and Post -
Housing Services of
2"d Floor, Anaheim
Email:
purchase
Orange County
clementem(Wnhsoc.org
Program: FREE
Credit Report Fee - $20
HELD MONTHLY
Anaheim Housing
201 S. Anaheim
Phone: (714) 765 -4340
Pre- purchase
Authority
Blvd., Ste 1001,
Email:
Program: FREE
Anaheim
gcontreras()anaheim.net
Parking: FREE
Consumer Credit
2450 E. Lincoln Ave.
Phone: (714) 547 -2227
HELD MONTHLY
Pre- purchase and Post -
Counseling Service of
Anaheim
Email: cccsoc cpcccsoc.orq
purchase
Orange County
Program: FREE
HELD MONTHLY
Consumer Credit
695 Madison Way,
Phone: (714) 547 -2227
Pre - purchase and Post -
Counseling Service of
Brea
Email: cccsocCa7ccesoc.orQ
purchase
Orange County
Program: FREE
Consumer Credit
2701 S. Harbor Blvd.
Phone: (714) 547 -2227
HELD MONTHLY
Pre - purchase and Post -
Counseling Service of
E -6, Costa Mesa
Email: cccsocacccsoc.orcl
purchase
Orange County
Program: FREE
Consumer Credit
1920 Old Tustin Ave.
Phone: (714) 547 -2227
HELD MONTHLY
Pre - purchase
Counseling Service of
Santa Ana
Email: cccsoc(&cccsoc.org
Program: FREE
Orange County
HELD MONTHLY
Fair Housing Council
201 S. Broadway
Phone: (714) 569 -0823
Pre - purchase
of Orange County
Santa Ana
Email:
Program: FREE
cdertorossian(@fairhousinaoc ora
MONTHLY OR ONE ON
ONE COUNSELING BY
APPT. ONLY
"sYSY.ix3e3��'� �rF:Le�ta
411•
��1_�Z��
ATTACHMENT 5
FREE RECORDING REQUESTED PURSUANT
TO GOVERNMENT CODE SECTION 27383
When Recorded Mail to:
City of Santa Ana
20 Civic Center Plaza (M -37)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Attention: Housing Programs Coordinator
CITY DEED OF TRUST
INCLUDING AFFORDABLE HOUSING
DEED RESTRICTIONS
(Neighborhood Stabilization Program Homeownership Program)
THIS DEED OF TRUST INCLUDING AFFORDABLE HOUSING DEED
RESTRICTIONS is made as of the day of , 20 , by and between
( "Trustor "), whose address is Street, Santa Ana, CA
92701; AmeriNational Community Services, Inc. (the "Trustee "), whose address is 8121 E.
Florence Avenue, Downey, CA 90240, and the City of Santa Ana, a charter city and municipal
corporation (the "Beneficiary") whose address is 20 Civic Center Plaza (M -37), P.O. Box 1988,
Santa Ana, California 92702.
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness
herein recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor
hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER
OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and
conditions hereinafter set forth, the property located at in the City of
Santa Ana, County of Orange, State of California, that is described in the property description
attached hereto as Exhibit A and by this reference incorporated herein (the "Property").
TOGETHER WITH all issues, profits, royalties, income and other benefits legally
or illegally derived from the Property (collectively, the "issues "), provided that so long as
Trustor is not in default hereunder, it shall be permitted to control the Property in accordance
with the requirements contained herein between the Trustor and the Beneficiary ( "Deed ") and
the Promissory Note ( "Note ") in the amount of $ which documents are on
file with the Beneficiary as a public record;
TOGETHER WITH all interests, estates or other claims, both in law and in equity
which Trustor now has or may hereafter acquire in the Property and the issues;
City.HO.DOT Page I of 13 2/8/10
20A -71
TOGETHER WITH all easements, rights -of -way and rights used in connection
therewith or as a means of access thereto, including, without limiting the generality of the
foregoing, all tenements, hereditaments and appurtenances thereof and thereto;
TOGETHER WITH any and all buildings and improvements now or hereafter
erected thereon, and all property of the Trustor now or hereafter affixed to or placed upon the
Property, including without limitation, all fixtures, attachments, appliances, furnishings,
equipment and machinery (whether fixed or movable) and other articles (including, in each
instance, improvements, restorations, replacements, repairs, additions, accessions or substitutions
thereto or therefor);
TOGETHER WITH all leasehold estate, right, title and interest of Trustor in and
to all leases or subleases covering the Property or any portion thereof now or hereafter existing
or entered into, and all right, title and interest of Trustor thereunder, including, without
limitation, all cash or security deposits, advance rentals, and deposits or payments of similar
nature;
TOGETHER WITH all right, title and interest of Trustor in and to all options to
purchase or lease the Property or any portion thereof or interest therein, and any greater estate in
the Property owned or hereafter acquired;
TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter
acquired, in and to any land lying within the right -of -way of any street, open or proposed,
adjoining the Property, and any and all sidewalks, alleys and strips and gores of land adjacent to
or used in connection with the Property;
TOGETHER WITH all the estate, interest, right, title, other claim or demand, of
every nature, in and to such property, including the Property, both in law and in equity,
including, but not limited to, all deposits made with or other security given by Trustor to utility
companies, the proceeds from any or all of such property, including the Property, claims or
demands with respect to the proceeds of insurance in effect with respect thereto, which Trustor
now has or may hereafter acquire, any and all awards made for the taking by eminent domain or
by any proceeding or purchase in lieu thereof of the whole or any part of such property,
including without limitation, any awards resulting from a change of grade of streets and awards
for severance damages;
All of the foregoing, together with the Property, is herein referred to as the
"Security."
FOR THE PURPOSE OF SECURING:
(a) Performance of every obligation, covenant or agreement of Trustor
referenced in this Deed of Trust, and the Promissory Note ( "Note "); and
(b) Maintenance of the term of affordability for low or moderate income
households for at least forty-five (45) years or until the Promissory Note is paid in full, and
(c) The repayment of the sums evidenced by the Promissory Note to the
Beneficiary executed by Trustor of even date herewith
City.HO.DOT Page 2 of 13 2/8/10
(d) Use of the Property as an Owner- Occupied, single family residence.
The terms, covenants and restrictions of this Deed and the Promissory Note are incorporated
herein by reference.
ARTICLE I. DEED RESTRICTIONS /AFFORDABILITY REQUIREMENTS
1. Purpos e. In accepting these Deed Restrictions, the undersigned Trustor understands
and acknowledges that the Property (also referred to herein as the "Affordable Unit ") is being
sold to the Trustor at an affordable sales price, so as to make the Property affordable to the
Trustor. The Owners hereunder are purchasing this Property with a silent second loan from the
Agency through the City of Santa Ana's Neighborhood Stabilization Homeownership Program.
Pursuant to this Program, the City and Owner have agreed to impose certain continuing
obligations relating to and on the Property.
In return for and in consideration of the opportunity for the Trustor to purchase the Property
under the above referenced circumstances and for other good and valuable consideration, the
receipt and legal sufficiency of which the undersigned hereby acknowledges, the Trustor on
behalf of himself/herself and with the express intent to bind all those defined as "Owner ", hereby
agrees to the following:
2. Method of Sale.
A. Procedures to Notify City
L Notice of Proposed Sale. If at any time during the duration of the Forty Five
(45) year affordability period, the Trustor, as Owner, desires or elects to sell, transfer, convey,
assign or otherwise dispose the Property ( "dispose "), the Owner may sell it and pay off the City
Promissory Note. Owner is required to notify the City in writing to that effect and shall provide
such information as the City may reasonably require regarding the proposed sale. Said writing
(hereinafter referred to as the "Notice of Intended Sale ") shall state the street address of the
Property and the Owner's full name(s). Once the City Promissory Note is paid off completely by
Owner, the long term affordability obligations (45 year restriction) hereunder shall be released.
The Notice, together with the City required information shall be personally delivered or
deposited into the U.S. mail, postage prepaid, first class, certified mail, return receipt requested,
addressed to:
COMMUNITY DEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA
20 Civic Center Drive (M -37)
Santa Ana, California 92702
Attn: Housing Division
B. Notice of Default Under Deed of Trust or Mort a e and Cit 's Rio, ht to
Enforce. The Owner covenants to cause to be filed in the Office of the Recorder of the County
City.HO.DOT Page 3 of 13 2/8/10
41l_BW.,
of Orange a request for a copy of any notice of sale or notice of default under any deed of trust or
mortgage with power of sale encumbering the Property or any party thereof. Such request shall
specify that any such notice shall be mailed to:
COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA
20 Civic Center Drive (M -37)
Santa Ana, California 92702
Attn: Housing Division
C. Disposition of the Property Contrya to A Bement. If the Owner disposes
of the Property contrary to this Deed of Trust, the City shall at any time thereafter, at its election,
have the right to declare such disposition or other act null and void and/or seek enforcement of
the terms and conditions hereof in any manner allowed by law or equity.
3. Severability. The provisions of this Deed of Trust, including without limitation,
shall be deemed independent and severable, and a determination of invalidity or partial invalidity
or unenforceability of any one provision or portion hereof by a court of competent jurisdiction
shall not affect the validity or enforceability of any other provisions hereof.
ARTICLE IL GENERAL CONDITIONS/MAINTENANCE
1. Maintenance. The Trustor agrees that at all times prior to the date upon
which the Loan Amount has been fully repaid to the Beneficiary and all other obligations the
performance of which is secured by this Deed of Trust have been satisfied (the "Expiration
Date ") the Trustor will, at the Trustor's own expense, maintain, preserve and keep the Property
or cause the Property to be maintained, preserved and kept in a condition substantially similar to
other residential property similar in size, character, and quality to the Property consisting only of
those uses allowed by the Agreement. The Trustor will make or cause to be made all repairs,
replacements and renewals deemed proper and necessary by Trustor. The Beneficiary shall have
no responsibility in any of these matters or for the making of improvements or additions to the
Property. Owner, or its successor or assigns, shall maintain the Property in compliance with all
applicable housing quality standards, and all applicable local code requirements, and shall keep
the Property free from any unreasonable accumulation of debris or waste materials. All graffiti
and defacement of any type, must be removed and any necessary repairs made within five (5)
days of their creation and/or notice to the Owner.
2. Monitoring by the City. On or about July 1 of each calendar year, the City will mail a
form to the record owner of the Property to confirm that the Property is owner - occupied. The
owners of the Property shall complete the form and return it to the City within thirty (30)
calendar days after receipt of the request from the City.
3. Owner Occupancy. The Trustor agrees and covenants to use the Property as its
primary residence in full compliance with this Agreement for Forty -Five (45) years. City and
Owner acknowledge that this owner - occupancy covenant is a condition to and consideration for
Owners eligibility for the Neighborhood Stabilization Program Homeownership Program.
City.HO.DOT Page 4 of 13 2/8/10
20A -74
In administering this Program, the City is implementing the objective of increasing the ratio of
decent, safe and sanitary owner- occupied single - family residences to rental property throughout
the City of Santa Ana. In furtherance of this public use and purpose, Owners for itself and its
successors and assigns, agree not to rent, lease, license or otherwise permit a non -owner of the
Property to take possession and control thereof. Owner and its successors in interest agree and
consent that this owner - occupancy restriction may be enforced by the City through specific
performance.
ARTICLE III. TAXES AND INSURANCE; ADVANCES
1. Taxes, Other Governmental Charges and Utility Chartres. Trustor shall pay, or
cause to be paid, prior to delinquency, all taxes, assessments, charges and levies imposed by any
public authority or utility company which are or may become a lien affecting the Security or any
part thereof, provided, however, that Trustor shall not be required to pay and discharge any such
tax, assessment, charge or levy so long as (a) the legality thereof shall be promptly and actively
contested in good faith and by appropriate proceedings, and (b) Trustor maintains reserves
adequate to pay any liabilities contested pursuant to the terms hereof, and in accordance with
generally accepted accounting principles. With respect to special assessments or other similar
governmental charges, Trustor shall pay such amount in whole or in installments over a period of
years.
2. Insurance. Trustor agrees to provide insurance covering one hundred percent
(100 %) of the replacement cost of all insurable items within the Property in the event of fire,
lightning, debris removal, windstorm, flood, vandalism, malicious mischief, theft, mysterious
disappearance and hazards, casualties and contingencies as are normally and usually covered by
all -risk policies in effect in the locality where the Property are situated. All such insurance
policies and coverages (i) shall be maintained at Trustor's sole cost and expense so long as any
part of the amounts secured by this Deed of Trust have not been paid, and (ii) shall be with
insurers of recognized responsibility and in form and substance satisfactory to the Beneficiary,
(iii) shall name Beneficiary as additional insured, and (iv) shall contain a provision to the effect
that the insurer shall not cancel the policy or modify it materially and adversely to the interests of
Beneficiary without first giving at least thirty (30) days' prior written notice thereof. Certificates
of insurance for all of the above insurance policies showing the same to be in full force and
effect shall be delivered to the Beneficiary upon demand therefor at any time prior to the
Expiration Date. Should the Property be determined to be in a Flood Zone, Trustor is required to
purchase Flood Insurance for the Property.
ARTICLE IV. DAMAGE, DESTRUCTION OR CONDEMNATION
1. Damage and Destruction If, prior to the Expiration Date, the Property or any portion
thereof is destroyed (in whole or in part) or is damaged by fire or other casualty, the Trustor shall
(a) cause any insurance proceeds arising from insurance referred to herein and any other
coverage acquired by the Trustor to be used to promptly rebuild and replace the Property, and (b)
repair and replace the Property as necessary to bring the Property into conformity with the
standards of construction and operation characteristic of residences of size, character, and quality
similar to the Property. There shall be no abatement in, and Trustor shall be obligated to
continue to pay, the amounts payable under this Deed of Trust.
City.HO.DOT Page 5 of 13 2/8/10
20A -75
2. Condemnation. If title to or any interest in or the temporary use of the Property or any
part thereof shall be taken under the exercise of the power of eminent domain by any
governmental body or by any person, firm or corporation acting under governmental authority,
including any proceeding or purchase in lieu thereof, the proceeds as a result of such taking shall
be paid as provided by the law of the State of California to all persons or entities as their interests
appear of record.
ARTICLE V. REPRESENTATIONS, COVENANTS AND WARRANTIES OF THE
TRUSTOR
1. Defense of Title. The Trustor covenants that it is lawfully seized and possessed of title in
fee simple to the Property, that it has the right to sell, convey or otherwise transfer or encumber
the same, and that the Trustor, for itself and its successors and assigns, warrants and will forever
defend the right and title to the foregoing described and conveyed property unto the Beneficiary,
its successors and assigns, against the claims of all persons whomsoever, excepting only
encumbrances approved by the Beneficiary.
2. Inspection of the Property. The Trustor covenants and agrees that at any and all
reasonable times and upon reasonable notice, the Beneficiary and its duly authorized agents,
attorneys, experts, engineers, accountants and representatives, shall have the right, without
payment of charges or fees, to inspect the Property.
Article VI. AGREEMENT; FURTHER ASSURANCES; PAYMENT
1. Other Agreements Affecting Property. The Trustor shall duly and punctually perform
all terms, covenants, conditions and agreements binding upon it under this Deed of Trust or any
other agreement of any nature whatsoever now or hereafter involving or affecting the Property or
any part thereof.
2. Further Assurances. At any time, and from time to time, upon request by the
Beneficiary, the Trustor shall make, execute and deliver, or cause to be made, executed and
delivered, to the Beneficiary and, where appropriate, cause to be recorded and/or filed, and from
time to time thereafter to be re- recorded and/or re -filed, at such time and in such offices and
places as shall be deemed desirable by the Beneficiary, any and all such other and further deeds
of trust, security agreements, financing statements respecting personal property, instruments of
further assurance, certificates and other documents as may, in the opinion of the Beneficiary, be
necessary or desirable in order to effectuate, complete or perfect, or to continue and preserve, (a)
the obligations of the Trustor under this Deed of Trust.
3. Agreement to Pay Attorney's Fees and Expenses. In the event of an Event of Default
hereunder, and if the Beneficiary should employ attorneys or incur other expenses for the
collection of amounts due or the enforcement of performance or observance of any obligation or
agreement on the part of the Trustor in this Deed of Trust, the Trustor agrees that it will, on
demand therefor, pay to the Beneficiary the reasonable fees of such attorneys and such other
reasonable expenses so incurred by the Beneficiary; and any such amounts paid by the
Beneficiary shall be added to the indebtedness secured by the lien of this Deed of Trust, and shall
bear interest form the date such expenses are incurred at the maximum rate permitted by Section
1(2) of Article XV of the California Constitution.
City.HO.DOT Page 6 of 13 2/8/10
41l_W'61"
4. Payment of the Promissory Note Amount. The Trustor shall pay to the Beneficiary an
amount equal to the Amount of the Promissory Note, in the amount(s) and by the time(s) set out
in the therein. The failure to pay said Amount constitutes an Event of Default under the
Promissory Note authorizing and permitting the Beneficiary to exercise the remedies set forth
herein.
5. Subrogation: Payment of Claims. Provided that the Beneficiary gives notice of at least
five (5) business days to the Trustor, the Beneficiary shall be subrogated to the claims and liens
of all parties whose claims or liens are discharged or paid by the Beneficiary pursuant to the
provisions hereof.
6. Use of the Propert y. The Trustor agrees and covenants to use the Property as its
primary residence in full compliance with the Agreement until the Termination Date.
7. Transfer. No sale, transfer, lease, pledge, encumbrance, creation of a security interest in
or other hypothecation of the Security shall relieve or release the Trustor from primary liability
under this Deed of Trust or the Agreement.
Article VII. EVENTS OF DEFAULT AND REMEDIES
1. Events of Default Defined. The occurrence of any failure of the Trustor to perform
under this Deed of Trust or the Promissory Note, and the continuation of said failure for a period
of thirty (30) business days as to monetary obligations and sixty (60) business days as to non- -
monetary obligations, after written notice specifying such failure and requesting that it be
remedied (such notice being referred to herein as a "notice of default ") shall have been given to
Trustor from the Beneficiary, shall be an Event of Default under this Deed of Trust. If the
default is such that it is not reasonably capable of being cured within sixty (60) days, and Trustor
(i) initiates corrective action within said period, and (ii) diligently and in good faith works to
effect a cure as soon as possible, then Trustor shall have additional time as is reasonably
necessary to cure the default prior to exercise of any remedies by the Beneficiary. In no event
shall the Beneficiary be precluded from exercising remedies if its security becomes or is about to
become materially jeopardized by any failure to cure a default or the default is not cured within
ninety (90) days after the notice of default is first given.
2. Acceleration of Maturity. If an Event of Default shall have occurred and be continuing,
then the entire indebtedness secured hereby shall, at the option of the Beneficiary, immediately
become due and payable without notice or demand which are hereby expressly waived, and no
omission on the part of the Beneficiary to exercise such option when entitled to do so shall be
construed as a waiver of such right.
3. The Beneficiary's Right to Enter and Take Possession. If an event of Default shall have
occurred and be continuing, the Beneficiary may:
City.HO.DOT Page 7 of 13 2/8/10
20A -77
(a) Either in person or by agent, with or without bringing any action or proceeding, or by
a received appointed by a court, and without regard to the adequacy of its security, enter upon
the Property and take possession thereof (or any part thereof) and of any of the Security, in its
own name or in the name of Trustee, and do any acts which it deems necessary or desirable to
preserve the value, marketability or rentability of the Property, or part thereof or interest therein,
increase the income therefrom or protect the Security hereof and, with or without taking
possession of the Property, sue for or otherwise collect any rents, issues and profits thereof,
including those past due and unpaid, and apply the same, less costs and expenses of operation
and collection, including attorneys' fees, upon any indebtedness secured hereby, all in such order
as Beneficiary may determine. The entering upon and taking possession of the Property, the
collection of such rents, issues and profits and the application thereof, as aforesaid, shall not cure
or waive any Event or Default or notice of Event of Default hereunder or invalidate any act done
in response to such Event of Default or pursuant to such notice of Event of Default and,
notwithstanding the continuance in possession of the Property or the collection, receipt and
application of rents, issues or profits, Beneficiary shall be entitled to exercise every right
provided for in this Deed of Trust, the Agreement or by law upon occurrence of any Event of
Default including the right to exercise the power of sale. Trustor requests that a copy of any
notice of default and a copy of any Notice of Sale hereunder be mailed to Trustor at the address
herein given;
(b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver
or specifically enforce any of the covenants hereof;
(c) Deliver to Trustee a written declaration of default and demand for sale, and a written
notice of default and election to cause Trustor's interest in the property to be sold, which notice
Trustee or Beneficiary shall cause to be duly filed for recording in the Official Records of the
County in which the Property is located; or
(d) Exercise all other rights and remedies provided herein, in the instruments by which
the Trustor acquires title to the Property, including any Security, or in any other document or
agreement now or hereafter evidencing, creating or securing all or any portion of the obligations
secured hereby, or provided by law.
4. Foreclosure by Power of Sale. Should the Beneficiary elect to foreclose by exercise of
the power of sale herein contained, the Beneficiary shall notify Trustee and shall deposit with
Trustee this Deed of Trust which is secured hereby (and the deposit of which shall be deemed to
constitute evidence that the Note Amount is immediately due and payable), and such receipts and
evidence of any expenditures made that are additionally secured hereby as Trustee may require.
City.HO.DOT Page 8 of 13 2/8/10
41l_IIU;'�
i. Upon receipt of such notice from the Beneficiary, Trustee shall cause to be
recorded, published and delivered to Trustor such notice of default and
election to sell as then required by law and by this Deed of Trust. Trustee
shall, without demand on Trustor, after lapse of such time as may then be
required by law and after recordation of such notice of default and after
notice of sale having been given as required by law, sell the Property, at
the time and place of sale fixed by it in said notice of sale, either as a
whole or in separate lots or Property or items as Trustee shall deem
expedient and in such order as it may determine, at public auction to the
highest bidder, for cash in lawful money of the United States payable at
the time of sale. Trustee shall deliver to such purchaser or purchasers
thereof its good and sufficient deed or deeds conveying the property so
sold, but without any covenant or warrant, express or implied. The recitals
in such deed of any matters or facts shall be conclusive proof of the
truthfulness thereof. Any person, including, without limitation, Trustor,
Trustee or Beneficiary, may purchase at such sale, and Trustor hereby
covenants to warrant and defend the title of such purchase or purchases.
ii. After deducting all reasonable costs, fees and expenses of Trustee,
including costs of evidence of title in connection with such sale, Trustee
shall apply the proceeds of sale to payment of (i) the Note Amount;(ii) all
other sums then secured hereby; and (iii) the remainder, if any, to the
person or persons legally entitled thereto.
iii. Trustee may postpone sale of all or any portion of the Property by public
announcement at such time and place of sale, and from time to time
thereafter, and without further notice make such sale at the time fixed by
the last postponement, or may in its discretion, give a new notice of sale.
5. Receiver. if an Event of Default shall have occurred and be continuing, Beneficiary, as a
matter of right and without further notice to Trustor or anyone claiming under Security, and
without regard to the then value of the Property or the interest of Trustor therein, shall have the
right to apply to any court having jurisdiction to appoint a receive or receivers of the Security (or
a part thereof), and Trustor hereby irrevocably consents to such appointment and waives further
notice of any application therefor. Any such receiver or receivers shall have all the powers and
duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of
entry as provided herein, and shall continue as such and exercise all such powers until the date of
confirmation of sale of the Property, unless such receivership is sooner terminated.
6. Remedies Cumulative. No right, power or remedy conferred upon or reserved to the
Beneficiary by this Deed of Trust is intended to be exclusive of any other right, power or
remedy, but each and every such right, power and remedy shall be cumulative and concurrent
and shall be in addition to any other right, power and remedy given hereunder or now or
hereafter existing at law or in equity.
7. No Waiver.
City.HO.DOT Page 9 of 13 2/8/10
a. No delay or omission of the Beneficiary to exercise any right, power or remedy
accruing upon any Default shall exhaust or impair any such right, power or remedy, or shall
be construed to be a waiver of any such Default or acquiescence therein; and every right,
power and remedy given by this Deed of Trust to the Beneficiary may be exercised from time
to time and as often as may be deemed expeditious by the Beneficiary. No consent or waiver,
expressed or implied, by the Beneficiary to or of any breach by the Trustor in the performance
of the obligations hereunder shall be deemed or construed to be a consent to or waiver of
obligations of the Trustor hereunder. Failure on the part of the Beneficiary to complain of any
act or failure to act or to declare an Event of Default, irrespective of how long such failure
continues, shall not constitute a waiver by the Beneficiary of its right hereunder or impair any
rights, powers or remedies consequent on any breach or Event of Default by the Trustor.
b. If the Beneficiary (i) grants forbearance or an extension of time for the payment of any
sums secured hereby, (ii) takes other or additional security or the payment of any sums
secured hereby, (iii) waives or does not exercise any right granted herein, (iv) releases any
part of the Security from the lien of this Deed of Trust, or otherwise changes any of the terms,
covenants, conditions or agreements of this Deed of Trust, (v) consents to the filing of any
map, plat or replat affecting the Security, (vi) consents to the granting of any easement or
other right affecting the Security, or (vii) makes or consents to any agreement subordinating
the lien hereof, any such act or omission shall not release, discharge, modify, change or affect
the original liability under this Deed of Trust, or any other obligation of the Trustor or any
subsequent purchaser of the Security or any part thereof, or any maker, co- signer, endorser,
surety or guarantor (unless expressly released); nor shall any such act or omission preclude
the Beneficiary from exercising any right, power, or privilege herein granted or intended to be
granted upon the occurrence of the Event of Default then made or of any subsequent Event of
Default, nor, except as otherwise expressly provided in an instrument or instruments executed
by the Beneficiary shall the lien of this Deed of Trust be altered thereby. In the event of the
sale or transfer by operation of law or otherwise of all or any part of the Property, the
Beneficiary, without notice, is hereby authorized and empowered to deal with any such
vendee or transferee with reference to the Security (or a part thereof) or the indebtedness
secured hereby, or with reference to any of the terms, covenants, conditions or agreements
hereof, as fully and to the same extent as it might deal with the Trustor and without in any
way releasing or discharging any liabilities, obligations or undertakings of the Trustor.
8. Suits to Protect the Security. The Beneficiary shall have power (upon ninety (90) days
notice to the Trustor) to (a) institute and maintain such suits and proceedings as it may deem
expedient to prevent any impairment of the Security (and the rights of the Beneficiary as secured
by this Deed of Trust) by any acts which may be unlawful or any violation of this Deed of Trust,
(b) preserve or protect its interest (as described, in this Deed of Trust) in the Security and in the
rents, issues, profits and revenues arising therefrom, and (c) restrain the enforcement of or
compliance with any legislation or other governmental enactment, rule or order that may be
unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment,
rules or order would impair the security thereunder or be prejudicial to the interests of the
Beneficiary.
9. Trustee May File Proofs of Claim. In the case of any receivership, insolvency,
City.HO.DOT Page 10 of 13 2/8/10
bankruptcy, reorganization, arrangement, adjustment, composition or other proceedings affecting
the Trustor, its creditors or its property, the Beneficiary, to the extent permitted by law, shall be
entitled to file such proofs of claims and other documents as may be necessary or advisable in
order to have the claims of the Beneficiary allowed in such proceedings for the entire amount
due and payable by the Trustor under this Deed of Trust at the date of the institution of such
proceedings and for any additional amount which may become due and payable by the Trustor
hereunder after such date.
Article VIII. MISCELLANEOUS
1. Amendments. This instrument cannot be waived, changed, discharged or terminated
orally, but only by an instrument in writing signed by the party against whom enforcement of
any waiver, change, discharge or termination is sought.
2. Reconveyance by Trustee. Upon written request of Beneficiary stating that all sums
secured hereby have been paid, and upon surrender of this Deed of Trust to Trustee for
cancellation and retention, and upon payment by Trustor of Trustee's reasonable fees, Trustee
shall reconvey to Trustor, or to the person or persons legally entitled thereto, without warranty,
any portion of the Property then held hereunder. The recitals in such reconveyance of any
matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in any
reconveyance may be described as "the person or persons legally entitled thereto." The
Beneficiary may provide the Trustee with instructions allowing partial reconveyance of the Deed
of Trust if requested by Trustor.
3. Notices. Whenever Beneficiary, Trustor or Trustee shall desire to give or serve any
notice, demand, request or other communication with respect to this Deed of Trust, each such
notice, demand, request or other communication shall be in writing and shall be effective only if
the same is delivered by personal service or mailed by registered or certified mail, postage
prepaid, return receipts requested, or by telecopier or facsimile transmission, addressed to the
address set forth below. Any party may at any time change its address for such notices by
delivering or mailing to the other parties hereto, as aforesaid, a notice of such change.
To Beneficiary: City of Santa Ana
Housing Division
20 Civic Center Plaza, M -37
Santa Ana, California 92701
Attention: Deputy City Manager of Development Services
4. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly
executed and acknowledged, is made a public record as provided by law.
5. Captions. The captions or headings at the beginning of each section hereof are for the
convenience of the parties and are not a part of this Deed of Trust.
b. Invalidity of Certain Provisions. Every provision of this Deed of Trust is intended to be
City.HO.DOT Page 11 of 13 2/8/10
severable. In the event any term or provision hereof is declared to be illegal or invalid for any
reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not
affect the balance of the terms and provisions hereof, which terms and provisions shall remain
binding and enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any
part of the debt, or if the lien is invalid or unenforceable as to any part of the Security, the
unsecured or partially secured portion of the debt, and all payments made on the debt, whether
voluntary or under foreclosure or other enforcement action or procedure, shall be considered to
have been first paid on and applied to the full payment of that portion of the debt which is not
secured or partially secured by the lien of this Deed of Trust.
7. No Merger. If title to the Property shall become vested in the Beneficiary, this Deed of
Trust and the lien created hereby shall not be destroyed or terminated by application of the
doctrine of merger and, in such event, Beneficiary shall continue to have and enjoy all of the
rights and privileges of Beneficiary under this Deed of Trust. In addition, upon foreclosure
under this Deed of Trust pursuant to the provisions hereof, any leases or subleases then existing
and affecting all or any portion of the Security shall not be destroyed or terminated by
application of the law of merger or as a matter of law or as a result of such foreclosure unless
Beneficiary or any purchaser at any such foreclosure shall so elect. No act by or on behalf of
Beneficiary or any such purchaser shall constitute a termination of any lease or sublease unless
Beneficiary or such purchaser shall give written notice of termination to such tenant or
subtenant.
8. Acceptance of Terms by Owner. By acceptance of this Deed of Trust, the Trustor
accepts and agrees to be bound by all of the covenants and restrictions included herein.
9. Governing Law. This Deed of Trust shall be governed by and construed in accordance
with the laws of the State of California.
10. Non - Discrimination. Trustor herein covenants by and for itself, its successors and
assigns, that there shall be no discrimination against or segregation of, any person or group of
persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926, 12926. 1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code,
in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein
conveyed, nor shall the grantee or any person claiming under or through him or her, establish or
permit any practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the
premises herein conveyed.
IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date and year first
above written.
City.HO.DOT Page 12 of 13 2/8/10
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described as follows:
City.HO.DOT Page 13 of 13 2/8/10
411:191
411A
ATTACHMENT 6
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 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 Community Redevelopment Agency of the City of Santa
Ana, 20 Civic Center Plaza, Santa Ana, CA 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective , this endorsement form as a part of
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
alUffee
ATTACHMENT 7
SAMPLE DEVELOPMENT BUDGET
ITEM
COST /PRICE
FUNDING
FUNDING SOURCE:
FUNDING
SOURCE:NSP3
SOURCE:
DEVELOPER /EQUITY
OTHER
PARTNER
A. PURCHASE PRICE
$200,000
B. REHAB COST
EXCLUSIVE OF
CONTRACTOR PROFIT AND
OVERHEAD (USE
ATTACHED WORKSHEET)
C. CONTRACTOR PROFIT
AND OVERHEAD (USE
ATTACHED WORKSHEET)
D. MARKETING AND SALES
COSTS (3 MONTHS)
E. ADMINISTRATION AND
OVERHEAD (3 MONTHS)
F. ENVIRONMENTAL (LEAD
AND ASBESTOS TESTS,
BOTH PRESENCE AND
CLEARANCE)
G. OTHER INTERIM
DEVELOPMENT COSTS
H. TOTAL DEVELOPMENT
COSTS (A THRU G)
I. SALES PRICE
$250,000
J. DEVELOPER FEE
TOTALS (H PLUS J)
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
SAMPLE WORK WRITE -UP COMPLETE FOR NSP3 APPLICATION
GENERAL DESCRIPTION OF PROPERTY
DWELLING TYPE:
Single Family
ROOF:
Comp. Shingle
Number of Stories:
One
EXTERIOR WALLS:
Stucco
Year Built:
1946
GARAGE:
Detached, Single-Car
Total SF:
1100
Bedrooms:
3
Bathrooms:
1
Bathrooms:
1
Total Rooms:
5
OVERALL CONDITION
SITE ❑ Good ® Fair ❑ Poor
DWELLING EXT. ❑ Good ® Fair ❑ Poor
DWELLING INT. ❑ Good ® Fair ❑ Poor
WORK ITEM CATEGORIES
CATEGORY A
Rehabilitation work needed to correct code violations, health and life safety deficiencies, and fire
hazards.
Work items in this category are required.
CATEGORY B
Rehabilitation work needed to correct conditions that will most likely develop into code
violations, life safety deficiencies and hazards, if left alone. Work items in this category are
generally required.
CATEGORY C
Rehabilitation work that will enhance the livability of the property and ensure that it is in a readily
maintainable condition.
All work will comply with these General Requirements. The General Contractor is
responsible for making sure that their sub - contractors and laborers understand and
comply with these General Requirements.
1. CONTRACTOR will perform all work in accordance with all applicable codes, laws,
regulations and requirements (federal, state and local).
2. CONTRACTOR will obtain all required permits and pay all related permit fees.
3. CONTRACTOR will furnish all labor, material, equipment, tools and supervision to
complete the work.
4. CONTRACTOR will protect all surrounding material, equipment and furnishings from
damage during construction. CONTRACTOR will (at their own time and expense) repair
and /or replace any materials, equipment and furnishings that they damage.
5. CONTRACTOR will remove and dispose of all construction related debris and maintain
the job site in a clean and safe condition at all times.
6. CONTRACTOR will provide the owner with all warranty and product information.
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
ITEM # 1
RE -ROOF
Priority Code A
Location Entire Dwelling & Attached Garage
Condition Deteriorated
Existing Roof
Gable, 5:12 Pitch, 18 Roofing Squares, 1 Layer Asphalt Shingles Over Original Wood Shingles,
Spaced Sheathing
CONTRACTOR will provide all labor and material to:
• Remove and dispose of all the existing layers of roofing, exposing the spaced sheathing
for inspection.
• Install 1/2" CDX plywood sheathing.
• Install a new composition shingle roof (30 -Year GAF Timberline).
Note
For the purpose of this exercise, assume that no other repair work will be needed and that the
replacement of all roofing metals and flashing will be handled by a change order.
Total Cost (This Item)
ITEM # 2
EXTERIOR DOOR AND HARDWARE
Priority Code A
Location Front Entry to Dwellin
Condition Deteriorated
Existing Door
36" Luan, Solid Core, 36" X 80" X 1 3/ " Thick
CONTRACTOR will provide all labor and material to:
• Remove and dispose of the existing door, threshold and all hardware.
• Install a new solid core entry door (Allowance for door is $450.00).
• Install a new lockset, dead -bolt, hinges and peep -sight (Allowance for hardware is
$275.00).
• Prime and paint the door
Note
For the purpose of this exercise, assume that no other repairs will be needed.
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
4IMPI:1'J,
Permits, fees, material, labor and supervision
Overhead and profit
$
Total
ITEM # 2
EXTERIOR DOOR AND HARDWARE
Priority Code A
Location Front Entry to Dwellin
Condition Deteriorated
Existing Door
36" Luan, Solid Core, 36" X 80" X 1 3/ " Thick
CONTRACTOR will provide all labor and material to:
• Remove and dispose of the existing door, threshold and all hardware.
• Install a new solid core entry door (Allowance for door is $450.00).
• Install a new lockset, dead -bolt, hinges and peep -sight (Allowance for hardware is
$275.00).
• Prime and paint the door
Note
For the purpose of this exercise, assume that no other repairs will be needed.
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
4IMPI:1'J,
Total Cost (This Item):
ITEM # 3
SOD AND SPRINKLER IRRIGATION SYSTEM
Priority Code
B
Permits, fees, material, labor and supervision.
Rear Yard — 900 S.F.
Condition
$
Overhead and profit
Total
ITEM # 3
SOD AND SPRINKLER IRRIGATION SYSTEM
Priority Code
B
Location
Rear Yard — 900 S.F.
Condition
Existing Lawn is dead. Bare earth. Nosprinkler system exists.
CONTRACTOR will provide all labor and material to:
• Remove and dispose of the existing dead lawn and weeds.
• Till and prepare the soil in accordance with the recommendation of the nursery providing
the sod.
• Install a new automatic sprinkler irrigation system with a weather based controller (Rain
Bird).
• Install a new sod lawn (Marathon II).
• Item includes maintenance of the sod for a period of two weeks.
Total Cost (This Item)
ITEM # 4
FORCED -AIR GAS -FIRED FURNACE
Priority Code A
Location Garage
Condition Inoperable Forced -Air Gas -Fired Furnace
CONTRACTOR will provide all labor and material to:
• Remove and dispose of the existing furnace.
• Install a new forced air furnace. Material allowance is $1,900. Energy Star qualified
model, reputable manufacturer, 80,000 BTU)
• Install a new programmable thermostat. Material allowance is $95.00. Energy Star
qualified model, reputable manufacturer.
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
41 ' IAC
Permits, fees, material, labor and supervision
Overhead and profit
Total
ITEM # 4
FORCED -AIR GAS -FIRED FURNACE
Priority Code A
Location Garage
Condition Inoperable Forced -Air Gas -Fired Furnace
CONTRACTOR will provide all labor and material to:
• Remove and dispose of the existing furnace.
• Install a new forced air furnace. Material allowance is $1,900. Energy Star qualified
model, reputable manufacturer, 80,000 BTU)
• Install a new programmable thermostat. Material allowance is $95.00. Energy Star
qualified model, reputable manufacturer.
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
41 ' IAC
Note
For the purpose of this exercise, include the installation of a new chimney pipe and fittings, but
assume that we will use the existing duct runs.
Total Cost (This Item)
ITEM # 5
WATER HEATER
Priority Code
A
Permits, fees, material, labor and supervision.
Garage
Condition
$
Overhead and profit
Total
ITEM # 5
WATER HEATER
Priority Code
A
Location
Garage
Condition
Rusted / Aged / 40 Gallon Tank Gas Fired
CONTRACTOR will provide all labor and material to:
• Remove and dispose of the existing water heater.
• Install a new tank -less water (Rinnai, Model R94LS1).
• Install a new programmable thermostat. Material allowance is $95.00. Energy Star
qualified model, reputable manufacturer.
Total Cost (This Item)
ITEM # 6
REPLACE WINDOW
Priority Code A
Location Master Bedroom
Condition Deteriorated / Inoperable / No Screen
Existing Window
3046 Wood Frame (Single -Hung)
CONTRACTOR will provide all labor and material to:
• Remove and dispose of the existing window preserving the frame.
• Install a new single -hung retrofit vinyl window (Manufactured by Milgard, Energy Star
qualified, dual glazed with venting screen).
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
41 ' •7J
Permits, fees, material, labor and supervision.
Overhead and profit
Total
ITEM # 6
REPLACE WINDOW
Priority Code A
Location Master Bedroom
Condition Deteriorated / Inoperable / No Screen
Existing Window
3046 Wood Frame (Single -Hung)
CONTRACTOR will provide all labor and material to:
• Remove and dispose of the existing window preserving the frame.
• Install a new single -hung retrofit vinyl window (Manufactured by Milgard, Energy Star
qualified, dual glazed with venting screen).
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
41 ' •7J
Total Cost (This Item):
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
Permits, fees, material, labor and supervision.
Overhead and profit
Total
H: \NSP \NSP - 3 \RFP for Intermediaries \Sample Development Budget (R).docx
OREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
CONTRACT RENEWAL TO G.P.
RESOURCES FOR UNLEADED FUEL
AND OIL PRODUCTS
(SPEC. NO. 06 -066)
F t �
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
uasaeylwk
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Renew the contract with G.P. Resources, Inc. for the purchase of unleaded fuel and oil products for a
one -year period in an annual amount not to exceed $990,000.
DISCUSSION
Facilities, Fleet and Central Stores (FMCS) Division of the Finance and Management Services
Agency provides fuel for all City vehicles, including gasoline and diesel- operated vehicles. The fuel is
stored in underground tanks located in the corporate yard, the Police facility, and Fire Stations No. 1,
4, 5 and 6. Pricing for the City's fuel purchases are based upon daily benchmarks published by the
Oil Price Information Service (OPIS), plus fixed fees and applicable taxes. Oil prices have been
volatile over that past several years and G.P. Resources, Inc. projects the price of unleaded
petroleum to continue a steady climb.
Nevertheless, the City has established a program to evaluate the use of alternative fuels to reduce
consumption of gasoline and diesel fuel. Currently, all 11 of the City's street sweepers are fueled
with compressed natural gas (CNG). Since the 05/06 fiscal year, 27 gasoline, electric, hybrid and
hydrogen vehicles have been added to the City fleet. The City reduced its annual usage of unleaded
gasoline by 5 percent to -date. Furthermore FMCS is establishing a 5 -year alternative energy plan to
convert 75 — 85% percent of the City's fleet to alternative energy. The 5 -year plan will vastly reduce
fuel cost, carbon footprint, and the use of renewable energy in efforts of reducing the dependency on
foreign oil.
On June 5, 2006, the City Council awarded a contract to G.P. Resources, Inc. for a one -year period
with provision for four, one -year renewals. The vendor has performed satisfactorily during the past
contract period and has agreed to renew the contract without an increase in pricing on the base rate.
Staff recommends the final renewal of the contract.
22A -1
Contract Award for Unleaded Fuel and Oil Products
February 22, 2011
Page 2
FISCAL IMPACT
Funds are available in the Gas & Diesel account (no. 07510100 63300) and Equipment Maintenance
(no. 07510100 63202) for petroleum products. The amount of the fuel contract is estimated, as the
actual expenditures will depend upon the requirements through the annual period.
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
KM
22A -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
CONTRACT RENEWAL TO BRODART
COMPANY FOR LIBRARY
CATALOGING AND PURCHASE OF
BOOKS AND MATERIALS
(SPEC. NO. 06 -167)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
►M9=i71*W
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Renew the contract with Brodart Company for library cataloging and purchase of books and materials
for a 17 -month period in the amount not to exceed $422,000.
DISCUSSION
The Library provides adult and youth programs to 129,376 card holders annually. Currently state and
federal grants through the Public Library Funds (PLF) program covers 86% of the purchase of books
and materials with only supplies, cataloging and processing charged against the General Fund.
Approximately 17,000 books and materials are purchased yearly, including a Spanish concentration
of 25 percent. Brodart offers a wide selection of materials in the children, young adult and general
adult categories. Of the 17,423 items purchased last year, 6,969 were purchased for adult, 9,456 for
children and 988 for young adults, Brodart supplies fiction, non - fiction, audio and video materials in
English, Spanish and Vietnamese. Brodart catalogues and bar codes all items in the Library
database so materials can be entered into circulation as soon as they arrive at the Library.
On January 2, 2007, the City Council awarded a contract to Brodart for a one -year period with
provision for four, one -year renewals. The vendor has performed satisfactorily during the past
contract period and staff recommends the third renewal of the contract. In addition, staff
recommends restructuring the contract period so that it may run parallel to the fiscal year. As such,
the new contract term will run from February 1, 2011 through June 30, 2012.
22B -1
Contract Renewal for Library Cataloging and Purchase of Books and Materials
February 22, 2011
Page 2
FISCAL IMPACT
Funds are available in the Public Library Grant account (no.15211150 66600); Technology & Support
Services account (no. 01111190 62300); Library Adult Services Account (no. 01111150 66600); and
Library youth Services account (no. 01111160 66600). Funds for the duration of the contract term will
be included in the proposed 2011 -2012 budget.
APPROVED AS TO FUND AND ACCOUNTS:
Gerardo Mouet Francisco Gutierrez
Executive Director Executive Director
Parks, Rec. & Comm. Svcs. Agency Finance & Management Services Agency
NAI
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
CONTRACT RENEWAL FOR FIRE
HYDRANTS AND ACCESSORIES,
WATER WORKS FITTINGS AND
SUPPLIES (SPECS. NO. 08 -073, 09-
057, 09 -058, 09 -059)
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
Renew the contracts for a six -month period to end of 2010 -11 fiscal year in an amount not to exceed
an aggregate of $200,000 as follows:
Vendor: Location:
Cambridge Brass, Inc.
Ferguson Waterworks
H.D. Supply Waterworks
S & J Supply Company
Inland Water Works Supply
Wells Supply Co.
DISCUSSION
Ontario, Canada
Santa Ana
Santa Ana
Santa Fe Springs
San Bernardino
Santa Ana
The Public Works Agency (PWA) Water Resources Division manages the delivery of water to
businesses and residents in Santa Ana including all fire hydrants. To do so, PWA maintains an
extensive distribution system that includes 20 active wells, seven pumping stations and reservoirs,
and seven import water connections, as well as miles of water pipe. In order to perform maintenance
and repair on fire hydrants and the extensive water system, PWA requires an assortment of materials
such as valves, adapters, couplings, clamps as well as brass bushings, flanges, nuts and stops.
Some materials are purchased through the Central Stores warehouse to provide quality products
based on quantity pricing. Other supplies require the Water Resources Division staff to order custom
made fittings that are adapted to the needs of the sewer and water pipeline repairs.
22C -1
Contract Award for Fire Hydrants,
February 22, 2011
Page 2
Water Works Fittings and Supplies
Since January 2009, City Council has awarded multiple one -year period contracts with renewal
provisions to purchase PWA waterworks fittings from a selected group of vendors. This group of
vendors has been awarded contracts repeatedly based on their competitive pricing and compliance
to bid specifications. In an effort to achieve efficiencies through further economies of scale and
pooled purchasing power, staff recommends the consolidation of the 12 current waterworks fittings
contracts and the renewal of such contracts for the remainder of the 2010 -11 fiscal year. In addition,
staff will conduct an evaluation of Public Works Agency waterworks inventory and release a bid for
award in fiscal year 2011 -12.
FISCAL IMPACT
Funds are available in the Water Utility Water Systems Maintenance and Water Quality &
Measurement accounts (no. 06017641 -63001 and 06017644- 63001).
APPROVED AS TO FUNDS AND ACCOUNTS:
v
Raul odinez II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Mgmt Services Agency
KM
22C -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
PURCHASE AND SALE AGREEMENT
FOR BRISTOL STREET CORRIDOR
(PROJECT NO. 116744)
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
Authorize the City Manager and Clerk of the Council to execute the attached agreement with the
Clover Family Trust, HSMM 2006 Family Trust, and Reza Fassihi for a portion of property located
at 1240 West Seventeenth Street in the amount of $25,000 subject to nonsubstantive changes
approved by the City Manager and City Attorney.
DISCUSSION
On March 6, 2006, the City Council approved the cooperative agreement between the City and the
Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue
to Seventeenth Street. The first phase of the project, between Pine Street and McFadden Avenue,
is substantially complete. Public Works is acquiring right -of -way for the second phase as well as
for the intersections of Bristol at Warner and Bristol at Seventeenth.
To accommodate the widening for the intersection at Seventeenth Street, acquisition of a portion
of the property located at 1240 West Seventeenth Street is required (Exhibit 1). The compensation
amount is the appraised value prepared by an appraiser licensed by the State of California.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared Environmental Impact
Report/Environmental Impact Assessment No. 89 -01 approved by City Council in 1990.
25A -1
Purchase and Sale Agreement For
Bristol Street Corridor
February 22, 2011
Page 2
FISCAL IMPACT
Funds are appropriated in the Measure M Select Street Construction Fund (accounting unit
03217660- 66220) and Select Street Construction Fund (accounting unit 05917661- 66100).
APPROVED AS TO FUNDS AND ACCOUNTS:
v
Raul Godinez II Francisco Gutierrez
Executive Direct Executive Director
Public Works Agency Finance & Management Services Agency
RG /SA
Exhibit 1: Location Map
Exhibit 2: Agreement
25A -2
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EXHIBIT 1
PURCHASE AND SALE AGGREEMENT
FOR BRISTOL ST CORRIDOR
(PROJECT NO. 116744)
TA ANA
25A-4
PURCHASE AND SALE AGREEMENT FOR ACQUISITIONOF REAL PROPERTY
AND BILATERAL ESCROW INSTRUCTIONS
THIS AGREEMENT, entered into this _ day of , 2011, 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 Samuel James Clover and Pauline Ann Clover
as Trustees of the Clover Family Trust, as to an undivided 1/3 interest; Hadi M. Moraveji and Setare F. Maal, as
Trustees of the HSMM 2006 Trust, as to an undivided 1/3 interest and Reza Fassihi, a married man as his sole
and separate property, as to an undivided 1/3 interest, as tenants in common (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" & "B" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as a portion of 1240 W.17" Street, Santa Ana, CA 92706)
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. Seiler 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 15 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. Seller further
agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition,
restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or
non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title,
shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by
Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as
hereinabove provided.
3. Title Insurance. Seller agrees to deliver to City, 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 TWENTY FIVE THOUSAND AND NO /100 Dollars ($25,000.00) 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.
25A -5 Exhibit 2
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 City 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 90 days of the City's execution of this Agreement.
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 for any and all years prior to the fiscal year within which said conveyance
is made shall be paid by Seller before conveyance of said real property to City.
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 TWENTY FIVE THOUSAND AND NO /100
Dollars ($25,000.00). 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 as 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. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement
of rentals (Seller Estoppel) on a form furnished to Seller by Buyer and deliver same to Buyer within fifteen (15)
days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the
close of escrow on the basis of a 30 -day month /360 -day year consistent with that statement, subject to
1
approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which
may be vacated by present occupants prior to close of escrow. Seller agrees that any and all Tenant Security
Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of
escrow shall be transferred to and become the property of Buyer during escrow.
Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements,
tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless
from all liability from any such leases or agreements. Seller also warrants that there are no oral or written
leases on all or any portion of the subject property exceeding a period of one month.
9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part
of Seller 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.
10. Heirs, Assigns, 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.
11. Time 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.
12. 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.
13. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at
fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining
to the realty), goodwill (if any), and severance damages.
14. 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:
Hadi. M. Moraveji
22116 Broken Bow Drive
Lake Forest, CA 92630
15. Exceptions. City agrees to accept title to said real property subject to the following: NONE.
16. _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 issue(s) that were
raised or could have been raised in connection with the acquisition of said real property by City.
17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous
waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or
transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence,
use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or
the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall
mean any substance, material, or waste which is or becomes regulated by any local governmental authority,
the State of California, or the United States Government, including, but not limited to, any material or substance
which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste"
under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety
Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under
Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner
Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or
25A -7
"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under
Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of
Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9
or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section
311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004
of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sea. (42 U.S.C. S6903) or (xi) defined as
a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601).
18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with
all applicable laws and governmental 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.
19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim,
action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense
(including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence,
release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or
the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any
statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release,
discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the
Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage,
cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including
sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business
income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution,
contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to
liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or
omissions to act post close of this escrow.
20. Continuency. 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
City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said
acceptance and approval.
21. Modification and Amendment. This Agreement may not be modified or amended except in writing
signed by the Seller and City.
22. 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.
23. 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.
24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of California.
'i
25. 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.
26. 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.
27. 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.
28. Applicability 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.
29. 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.
30. 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 2 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 267 SF of concrete paving
ii. remove 8 LF of concrete planter curbing
iii. remove 8 LF of concrete block wall
iv. remove one metal bollard
V. remove one large tree
(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:
i. Rework wrought iron fencing /gates
ii. Reconfigure parking lot striping
31. 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:
Samuel James Clover and Pauline Ann Clover as Trustees of the Clover Family Trust, as to an undivided 1/3
interest; Hadi M. Moraveji and Setare F. Maal, as Trustees of the HSMM 2006 Trust, as to an undivided 1/3
interest and Reza Fassihi, a married man as his sole and separate property, as to an undivided 1/3 interest, as
ten an s in common
Dated
Samuel James ver, Trustee
Pauling ArF6 Clover, Trustee
1.61C
Had'' . Mor*ji, ustee
I
Set F. Mad l, Trustee
R a�assihi
CITY /BUYER:
CITY OF SANTA ANA
M
David N. Ream
City Manager
ATTEST:
Dated / " 1'7 - //
Dated
Dated
Dated /o-h/
BY: Dated
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY: Dated
Jose Sandoval
Managing Senior Assistant City Attorney
25A -10
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
That portion of the Northwest Quarter of the Northwest Quarter of Section 12,
Township 5 South, Range 10 West, San Bernardino Meridian, in the City.of Santa Ana,
County of Orange, State of California, in the land allotted to Jacob Ross in Decree of
Partition of the Rancho Santiago de Santa .Ana, recorded in Book B of Judgments of the
17"' Judicial District Court of Los Angeles County, California, described as follows:
Commencing at the Northwest corner of said Section 12, said corner also being the
centerline intersection of Bristol Street with 17t1i Street as shown on Tract No. 863, filed
in Book 26, Page 30 of Miscellaneous Maps in the Office of the County Recorder of
Orange County, California, and Record of Survey map fled in Book 3, Page 12,
Records of Survey in the Office of said County Recorder; thence easterly along the
centerline of 17u' Street per said Tract No. 863, North 89 °53' 15" East, 1. 74.675 feet to the
westerly line of the land as described in Deed recorded June 7, 1924, Book 528,
Page 143, Official Records of said County Recorder, said westerly line being coincident
with the easterly tine of the land as described in Deed recorded May 26, 1924, Book 528,
Page 15, Official Records of said County Recorder, thence southerly along said westerly
line, purportedly shown on Record of Survey map filed in Book 48, Page 36,
Records of Survey in the Office of said County Recorder, South 00 °37'29" West,
50.00 feet to the intersection-with a line.parallel with and 50.00 feet southerly of said
centerline of 17u' Street per last said Record of Survey map and as described in Deeds,
both of which were recorded August 27, 1956, in Book 3625, Page 260 & Page 262,
Official Records of said County Recorder, said intersection being the
True Point of Beginning; thence easterly along said parallel line, North 89 °53'15' East,
61.99 feet; thence South 81 °55' 1.5" West, 53.54 feet to the beginning of a curve concave
northerly, having a radius of 60 feet; thence westerly along said curve 8.34 feet, through a
central angle of 07 °5 8'00 ", to the intersection with a line parallel with and 58.00 feet
southerly of said centerline of. 17 Street, said curve being tangent to said parallel line;
thence westerly along said parallel line, South 89 °53'15" West, 0.75 feet to said westerly
line of said 528/143 O.R.; thence northerly along said westerly line,
North 00. 37'29" East, 8.00 feet to the True Point of Beginning.
Containing 267 square feet, more or less.
25A -11
All as shown on Exhibit `B ", attached hereto and by this reference made a part hereof-
Subject to all Covenants, Rights, Rights-of-Way and Easem -ents of record, if any.
Prepared by me, or under my direction on
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25A -12
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LEGAL DESCRIPTION
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 are 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 $10.00 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
which independently shall have the same effect as if it were the original,
constitute one and the same instruction.
25A -14
in one or more counterparts, each of
and all of which taken together shall
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
AGREEMENT FOR RIGHT -OF -WAY
PROJECT MANAGEMENT SERVICES
FOR CIP PROJECTS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on Is' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement for right -
of -way Project Management & Oversight services subject to nonsubstantive changes approved
by the City Manager and City Attorney with California Property Specialists, Inc. for an amount not
to exceed $250,000.
DISCUSSION
On October 18, 2010, the City Council authorized the Public Works Agency to release a Request
for Proposals (RFP) to qualified consulting firms to provide right -of -way related services for
Capital Improvement Projects (CIP). These services will be utilized for the current CIP, including
Phases II & III of the Bristol Street Widening and the Grand Avenue Widening Projects. In
addition, these firms will augment City staff in the day -to -day oversight of right -of -way tasks such
as City owned properties, disposal of surplus properties, deed research, and cost estimates for
all Public Works projects.
The RFP for the Project Management and Oversight services was sent to eight firms who
specialized in this field. A special effort was made to reach out to Santa Ana firms. Five
proposals were received and evaluated by personnel from the Public Works Agency, Community
Development Agency and the City Attorney's Office. Each firm was rated according to its
qualifications, experience, and capacity to perform the required work. Special consideration was
made for the local firms, especially in Santa Ana. Following is the list of the firms and their
respective scores:
California Property Specialists Inc.
90
Paragon Partners
86
HDR
85
Epic Land Solutions
84
CE Prime, Inc.
69
25B -1
Agreement for Right -of -Way
Project Management Services
For CIP Projects
February 22, 2011
Page 2
Based on the ratings and their past experience with the City, staff recommends that the firm of
California Property Specialists, Inc. (CPSI) be retained for the Project Management and
Oversight for the right -of -way services. CPSI is a Santa Ana based firm that has been assisting
the City with right -of -way acquisition of CIP projects for many years. The agreement with this
firm will be for a period of one fiscal year or until the funds are exhausted, whichever comes first.
The City has an option to renew the agreements for an additional year if the firm is responsive to
the City's needs.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
These services are on -call and will be used when funds are available in the various CIP projects.
Raul Godinez II
Executive Director
Public Works Agency
RG /SA
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
•T 1
Francisco Gutierrez r_d
Executive Director
Finance & Management Services Agency
PROPERTY MANAGEMENT
SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of February, 2011, by and
between CALIFORNIA PROPERTY SPECIALISTS, 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
property acquisition management services.
B. Consultant represents that it is able and willing to provide such services for Santa Ana.
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 City's Request for Proposals -Right of
Way Consulting and Related Services, dated November 15, 2010, attached hereto as Exhibit A,
and as more specifically described in Consultant's Proposal, attached hereto as Exhibit A -1, and
both exhibits incorporated by reference.
2. 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 Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. 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 information systems, as agreed between the Project
Manager and Consultant.
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.
Exhibit 1
�1,
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The
total sum to be expended under this Agreement shall not exceed $250,000.00 during the term of
this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. The invoice shall
include a detailed breakdown of the services provided, the project title, the tasks, the hours, and
hourly rates. 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 March 1, 2011 and terminate on the earlier of
February 28, 2012, or the expenditure of allocated funds, unless terminated earlier in accordance
with Section 13, below. The City shall have the option to extend the term for an additional one -
year period.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer - employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all applicable
standards and regulations governing such services. Consultant shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to employees
and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described
below:
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.
25B -4
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. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim, and $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and effect
for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved 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 death, and claims for property damage, which may arise from the direct
or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable relief due to
personal or property rights arises by reason of the terms of, or effects arising from this
25B -5
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 facsimile 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
facsimile (714) 647 -6956
With courtesy copies to:
and
Public Works — Design Engineering
City of Santa Ana
20 Civic Center Plaza (M -36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647 -5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
I M. I
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647 -6515
To Consultant: California Property Specialists, Inc.
600 W. Santa Ana Blvd., Ste. 115
Santa Ana, California 92701
Attn: Kent Jorgensen
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 facsimile, communication shall be effective or deemed to
have been given twenty -four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
25B -7
for such purposes as the City deems appropriate. However, any use of unfinished work product shall
be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the 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.
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. 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.
c. 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 STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director — PWA
CITY OF SANTA ANA
DAVID N. REAM
City Manager
CALIFORNIA PROPERTY
SPECIALISTS, INC.
KENTJORGENSEN
Principal
Tax ID#
w-mm F&I
M,LH LV-J
Exhibit A
SCOPE OF WORK
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.
25B -11
• The Consultant shall diligently work on each assignment and complete each task
in 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.
Specific Scope of Work for Proiect Management Services includes:
In general Project management and oversight services include assistant to the Deputy
City Engineer and the staff that oversee the right -of -way & real estate program. The
successful firm will not be selected for any other real estate services. Following is the list
of some but not all the tasks involved:
• Administration of all other right -of -way related consultant contracts
• 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 information
• 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 done by other consultants
• 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
25B -12
EXHIBIT A -1
CONSULTANT'S PROPOSAL
25B -13
Crn'91
PROJECT TASKS AND DEIAVERARL S
This section presents CPSI's understanding of the potential project assignment and
our approach to accomplish the scope of services. These procedures assure that the
services provided will produce a successful project In accordance with appropriate
rules and -regulations.
The Public Works Agency of the City of Santa Ana requires the services of a profes-
sional consultant to provide project management services for planned road widening
4..
� and intersection projects. CPSI's approach to completing the assignment will be to
ik.. partner with the Public Works Department and its staff to gather all the necessary
information to ensure a successful completion to any and all assigned tasks. Our per-
°" sonnel's past experience in handling acquisition, relocation and property management
for the Public Works Department of Santa Ana will ensure successful completion of
future projects.
rsr CPSI"S DIRECT APPROACI:-1
.y Although CPSI's team members will always abide by our clients authorized Scope of
bo M Work, we are also trained to be cognizant of each client's project goals and what it
"" takes to achieve them, The City's direct contact for Project Management Services will
I
on be Mr. Kent Jorgensen. We anticipate the project management service to include the
work assignments listed on the "'Project Management Scope of Services" Document
on the following pages.
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PROJE T MANAGEMENT SCOPE OF SERVICES
1.0 GENERAL
TASK NO,
1.1 PROJECT LOCATION AND PURPOSE
This Scope of Services addresses project management and related services for right
of way activities for the continuation of the Bristol Street Widening Project, Grand
Avenue Widening, as well as various other activities.
1.2 GENERAL DESCRIPTION OF SERVICES
For the purposes of responding to the Request For Proposal for project management
services, California Property Specialists, Inc. (CPSI) will provide right of way services
under the direction of City staff. These professionals will be responsive and maintain
excellent working relationship with the public, City staff and the City's consultants.
CPSI will provide professional right of way services including coordination of apprais-
al, title, Phase II, acquisitions services, relocation assistance, and property manage-
ment activities. CPSI also recommends that the Project Management Team complete
Title Review Reports, prepare all acquisition and relocation packages, and perform
the complex and /or unresolved acquisition and relocation activities on the full acquisi-
tion commercial properties. This may also include but not limited to, coordinating a
Phase I and II ESA's, providing acquisition services, procuring settlements and facili-
tating closings, preparing condemnation case information, providing depositions and
testimony in a court of law, providing business and residential relocation assistance,
coordination of demolition bid package and demolition project oversight.
2.0 PROJECT COORDINATION AND MANAGEMENT
2.1 Meetings - Attend meetings with the City. Meeting minutes, agendas and
reports will be provided when directed by the City.
2.2 Status Reports - Provide and maintain a title, appraisal, acquisition, reloca-
tion and property management status reports for all project personnel to access.
2.3 Sub Consultant Management - Provide management and coordination of
25B -15
21
services for all consultants.
2.4 Escrow Coordination - Provide coordination services with the escrow company, including
ordering Preliminary Title Reports, Litigation Guarantees, if required, opening escrows, facilitating
escrows for both acquisition of the subject property and replacement property.
2.5 Schedules - Prepare and provide to the City project schedules as needed.
2.6 QA /QC Management -Provide Quality Control Management for all area's-of the project,
including coordinating efforts with the City to ensure a successful and compliant project.
2.7 Project Close Out - Provide services required to finalize and close out the project accord -
ing to appropriate City, State and Federal regulations.
v.. 3.0 TITLE AND WATER RIGHTS SERVICES
p- ASS K NP,
3.1 Preliminary Title Reports — Order and monitor completion of Preliminary Title Reports
and receipt of supporting documents. Title reports produced for each parcel will at a minimum
establish legal owners and all valid liens, encumbrances and easements of record. A Title Report
Summary will be completed by the Project Management Staff and with a copy distributed to the
City file, acquisition consultant and City Attorney's office.
ba 3.2 Litigation Guarantees — Order as directed by the City Attorney's office Litigation Guar-
' antees identifying the legal owners and all interests affected in the proposed litigation. Copies of
a
the report will be placed in the City file and copy distributed to the City Attorney's office.
4.0 PHASE I AND II ESA AND DEMOLITION ASBESTOS SURVEY
on
TASK NO.
En
4.1 Phase I Environmental Site Assessment Survey — A Phase I study has been per -
r, formed in compliance with the standard practices of the American Society for Testing and Materi-
als (ASTM) Phase I ESA Process (Standard: E 1527 -00). Monitor to see that: reasonable attempts
03 are made to interview the existing and former owners of the properties; a visual survey of the
rM
site and adjacent sites were made; a reasonable attempt was made to contact local government
officials regarding conditions in connection with the property; a review site /area land use history;
25B -16 22
a review site area geology and subsurface /surface potential for pollutant transport from public
sources. A report containing results of inspections and interviews, site characteristics, record and
historical review information and potential contamination issue, and conclusions and recommen-
dations for any work required. Copies to be distributed to City file, City Attorney, and Property
Management consultant, if required, on site.
4.2 Phase II Environmental Site Assessment Survey — Review with City staff the Phase
II 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 for an additional
environmental analysis. Distribute the Environmental Site Report and written recommendations to
City staff and City Attorney's office.
L,.
4.3 Demolition Asbestos & Follow Up Surveys -- Coordinate or assist the Property Man -
agement consultant with the coordination and completion of asbestos and lead surveys. Coordi-
nate distribution of these reports to applicable consultants. Perform follow -up inspections before
the beginning of the demolition process.
W.
5.0 PUBLIC MEETINGS
w TASK NO.
a" 5.1 Public Information Hearing — Facilitate and /or conduct Public Meetings as required by City
.a
to address acquisition, relocation and related issues.
°• 6.0 APPRAISAL
to
6.1 Facilitate - distribution of appraisal assignments including appraisal reviews using the
t °d
City's approved list of qualified appraisers. Obtain fee proposals for given assignments.
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25B -17 23
6.2 Coordinate - meeting with the selected appraiser and review appraiser to review
and discuss USPAP, Uniform Act, and California Code of Regulations, and Title 25 require -
ments. Coordinate with City staff and City Attorney's office the type of reports required
and the required written notice of inspection 'to the owner. In all cases a complete ap-
praisal Is required. The format and level of documentation for an appraisal report depend
on the complexity of the appraisal problem. Complex property assignments are to be
reported in a self- contained, narrative format. A summary report in conformance with
USPAP Standards Rule 2 -2(b) is permitted in cases, which, by virtue of their low value
or simplicity, do not require the In -depth analysis and presentation necessary in a self -
contained appraisal report. A summary report may be acceptable on complex property
assignments on a case -by -case basis as determined by the City.
r-+
6.3 Complete Appraisal Summary Statements - Obtain appraisals for each ac-
quisition prepared in accordance with the State of California Laws and USPAP, date
stamp, record information and properly disperse reports. Review appraisal report and
prepare an Appraisal Summary Statement, in accordance with the applicable regulations,
Including Assembly Bill 237, These Appraisal Summary Statements will be utilized as part
a..
of the "Offer Letter."
6.4 Tenant -Owned Improvements — Coordinate and review completeness and
�+ accuracy of fixtures and equipment appraisals. During the initial appraisal process, coor-
dinate with fee appraiser, FF &E appraiser, fee owner and tenant identification and owner-
ship of tenant -owed improvements, If necessary Specialty Appraisals shall be ordered,
�a
and a copy submitted to the appraiser & review appraiser for inclusion In the appraisal
and appraisal review analysis.
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7.0 APPRAISAL REVIEW- ESTABLISHMENT OF JUST COMPENSATION
4"
m TASK NO,
7.1 Appraisal Review — If federal funding Is involved with a specific project assign-
t+ ment, coordinate and obtain reviews of the appraisals referenced above in accordance
°- with the Uniform Appraisal Standards for Federal Land Acquisitions, other applicable
Federal Laws, State of California Laws, Public Law 91 -646, Title III, and USPAP.
t1_4 25B -18 24
7.2 Just Compensation Coordination - Upon completion of the appraisal and appraisal
review, the completed reports will be submitted to the City for review of the establishment of Just
Compensation.
8.0 ACQUISITION /SETTLEMENTS & CLOSINGS /PREPARATION FOR CONDEMNATION
TASK NO.
8.1 Parcel Files - Establish and maintain an accurate and complete working file for each parcel
in a format approved by the City.
8.2 Subsequent Review Title Reports — Before the "Offer Package" is prepared, complete
a second review of County Assessors information and title reports, paying particular attention to
ownership and easement lien, and encumbrances.
8.3 Review Right of Way Drawings - Review project plans becoming familiar with the proj-
ect and its impact on the various properties. Verify information on the project plans; correspond
to the legal descriptions, plants and information contained in the appraisal reports.
by
8.4 Offer Package — Prepare "Offer Package" in accordance with City approved format. At
M!
minimum, the "Offer Package" will include a receipt form (listing contents of Offer Package) and
�. present the written offer letter to the property owner, along with the appraisal summary statement,
acquisition brochure, Title VI information, Tenant Information Statement, Language Translation
form. Before distribution to the acquisition agent, the complete Offer Package will be submitted to
the City Attorney's office for approval.
8.5 Acquisition/ Negotiations Parcels — Distribute to consultants in accordance with City
�. staff directives. Coordinate and track communications, negotiation progress and consultant suc-
cess, via an approved tracking report. Offers to out of area owners will be mailed Certified Return
Receipt Requested. On complex and unresolved cases, assist acquisition group in case resolution
to accommodate project parameters.
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25B -19
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8.6 Administrative Settlement Proposal Recommendations — For unre-
solved cases, review and provide a written recommendation together with support
documentation on all counter proposals submitted by the property owners to the City
for review and approval /disapproval.
8.7 City /Owner Liaison - Provide liaison duties between the City, other consul-
tants and property owners.
8.8 Contact Documentation - Thoroughly document all contacts with the prop-
erty owner and /or their representative indicating attendees, time and place of meet-
ings. Documentation will include thorough diaries and copies of all correspondence
and emalls. Diaries should be updated immediately after each contact, if possible,
and retained in the permanent acquisition file.
8.9 Close Out Acquisition Pile — Close out file, provide final reports and deliver
complete files to the City upon completion of the project assignment.
9.0 RELOCATION ASSISTANCE
TASK NO,
9.1 Residential Relocation Packages — Prepare "Relocation Packages" in ac-
cordance with the City approved format. At minimum, "Relocation Package" will in-
clude a receipt form (listing contents of Relocation Package), General Information
Notice, Relocation Brochure, Title VI Information, Certificate of Occupancy State-
ment, and Language Translation Statement. Before distribution to the acquisition
agent, the complete Offer Package will be submitted to the City Attorney's office for
approval.
9.2 Purchase Price Differential or Rental Assistance Payment Entitle-
ment — Review entitlement packages submitted to the City for approval, in ac-
cordance with applicable rules and regulations. This will include but not limited to
market data, selection of most comparable properties, completion of necessary data
forms and of entitlements. The Oversight Team will coordinate approval of the relo-
cation assistance entitlements and document the file accordingly.
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25B -20
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9.3 Moving Options - Upon submission by consultant, review requested moving
entitlements based on room count or if necessary, submitted moving bid estimates.
When required, provide guidance to the Relocation Consultant regarding the selection
of a moving option, prepared moving agreement, obtain signatures, if required, and
monitor move.
9.4 General Eligibility Notices- Prepare and issue all General Eligibility Notices
to potential relocatees advising them of their potential relocation and eligibility for
benefits.
9.3 Notices - Prepare and deliver entitlement letters, notices, including the Gen-
eral Information Notice, 90 and 30 -Day Letters.
9.6 Relocation Advisory Assistance - For complex business relocation cases,
provide relocation advisory assistance from the initiation through completion stag-
es. Advisory services consist of providing housing referrals, determining relocation
needs, explaining benefits, performing housing inspections, providing transportation
as needed to displacees searching for replacement housing, providing counseling or
advising of other sources of assistance that may be available.
9.7 First Level Appeals - Coordinate and handle first level appeals, if required.
9.8 Relocation Payment Packages - Review claim forms and relocation payment
packages with reference to the appropriate regulation, to ensure proper documentation
to for audit and payment,
9.9 Close Out Relocation Files - Close out file, provide final reports and deliver
complete files to the City upon completion of the work assignment.
10.0 DEMOLITION BID PACKAGE PREPARATION
When required and approved by the City, CP5I and /or sub - consultant shall perform
the following services related to management of demolition activities: Assist the City
In the advertisement for procurement of and administration of demolition contracts in
accordance with the City's policies and procedures for competitive bidding.
25B -21
27
�. rate specification bid packages that abatement and demolition contractors can use to provide a
detailed cost estimate. This work will include site meetings with the contractors fro the bid pro-
I- cess, job walk, and the preparation of an addendum for clarification of any question in regards to
!fN
specification changes if required,
4"
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10.3 Asbestos Abatement Monitoring & Visual Clearances - Monitoring of the project
,- during the abatement process. Provide all documentation collected during the process and provide
.W visual inspections of all regulated areas prior to the demolition process. Air Quality Clearances will
not be recommended as long as all units are sealed following abatement and signage remains in
place during the demolition process. If materials are allowed to be salvaged, full air.quality clear -
ances will be required for each regulated area after abatement.
an 10.4 Demolition Supervision & Coordination -Provide adequate field supervision of demoli-
Sao tion activities to ensure compliance with all City policies and procedures as well as all terms of the
® demolition contract. Perimeter air monitoring will be required during the demolition process the
first day, if the removal of ACM's is necessary and final air quality clearances are not conducted.
t 11.0 ESCROW COORDINATION
L", Task No.
<� 11.1 Monitor Escrows -- Coordinate with title companies and open escrows on all purchases.
Monitor escrows, review all escrow documents, request funds from City and ensure that the City
receives title insurance policies in the amount of the purchase cost of the land and improvements
«� and clear title to all properties acquired.
11.2 Partial Acquisition -- Special attention will be given on partial acquisitions, due to the
U' difficulty in obtaining partial release documents on a timely basis. At the City's option, the Project
28
25B -22
Management Team will complete the entire escrow and work directly with the title company to
obtain the necessary Title Policy.
12.0 PROPERTY MANAGEMENT OVERSi 'OHT
Task No.
12.1 Status Reports — Provide or coordinate, with property management consultant, bi-
monthly Status Reports showing critical milestones.
12.2 Sub Consultants Management — Provide management and coordination of property
management services with City and other consultants.
12.3 Monitor and Control Budget Expenditures — Prepare, monitor and track project
budget expenditures and assist the City with Funding reimbursements.
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CPSI Created a plan to allow this medical center to remain open
for business during the Bristol St. widening project by using a ren-
.. ment parcel.
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25B -23
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25B -23
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TABLE RESOURCE CHART
ORGANIYATIONAL CHART
CPSI pledges that we will not remove or change any member of the Santa Ana /CPSI orga-
nizational chart without the prior consent of the City.
PROJECT MANAGEMENT
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25B -24
16
EXHIBIT B
FEE SCHEDULE
25B -25
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CPSI is submitting the proposed pricing to provide the services for each work task
described in the City's RFP, Attachment 1, Scope of Work.
Right of Way Consulting and Related Services
PRICE SUMMARY SHEET
SCHEDULE I -- HOURLY RATES
Name
Job Title /Classifi-
Job Function
Fully Burdened
cation
Hourly Rate''
Kent Jorgensen
Project Manager
Project Mana er
$125.00
Jackie Martinez
Right of Way
Right of Way
$75.00
Technician
Tasks
* "Fully Burdened" Rates include all overhead, general costs, administra-
tion costs and profit.
Below, please find our list of key personnel and their job functions (City's Exhibit A).
I
30
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
AMENDMENT TO LEASE AGREEMENT
WITH THE COUNTY OF ORANGE AT
THE SANTA ANA REGIONAL
TRANSPORTATION CENTER
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on V' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an Amendment to the Lease
Agreement with the County of Orange for office space at the Santa Ana Regional Transportation
Center ( SARTC), subject to nonsubstantive changes approved by the City Manager and City
Attorney.
DISCUSSION
Since 1997, the County of Orange has leased space at the SARTC for CALWORKS, a mandated
partner in the WORK Center. The program works to assist welfare clients in finding employment. In
March 2008, the City and County exercised the first three -year extension which will expire on
February 28, 2011.
The County of Orange has proposed to exercise its second three -year renewal option of the
agreement. The current lease agreement consists of 6,354 square feet with monthly rent of $9,438.
Under the second renewal option, the monthly compensation to the City will be adjusted on March
1, 2012 in accordance with the Consumer Price Index. Staff recommends that the City exercise the
second renewal option of the lease agreement - effective March 1, 2011 and ending on February
28, 2014.
FISCAL IMPACT
Funds received from the lease will be deposited into the Rental —
account (accounting unit 06717002- 53812).
APPROVED AS T11,FUNDS AND ACCOUNTS:
County of Orange Revenue
< n
Raul Godinez II
Executive Direct
Public Works Agency
RG /CLK/jjwe
Exhibit 1. Third Amendment to Lease Agreement
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25C -1
25C -2
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT, authorized on this 22"d day of February, 2011, by and between the
County of Orange (hereinafter "Lessee ") and the City of Santa Ana, a charter city and municipal corporation
duly organized and existing under the Constitution and laws of the State of California ( "Landlord "),
collectively referred to herein as "the Parties ".
RECITALS
A. The Parties entered into that certain agreement entitled "Lease Agreement between the City of Santa
Ana and the County of Orange" hereinafter referred to as "said Agreement ", to lease commercial space at The
Santa Ana Regional Transportation Center to the County of Orange to be used for CALWORKS, a mandated
partner in the WORK Center which assists welfare clients in finding employment.
B. The parties hereto now desire to exercise the second three -year option of said Agreement to extend
the "Term" and to increase the "Compensation" term pursuant to said Agreement.
WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter
contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the
parties hereto do hereby agree as follows:
1. The "Term" section of said Agreement is hereby amended by exercising the second three -year option
to extend the Agreement, effective on March 1, 2011 through February 28, 2014.
2. Pursuant to the "Compensation' section of said Agreement, the monthly rental payment is currently
$9,437.55, and shall be adjusted March 1, 2012, as proportionate to the change in the Consumer Price Index
for Los Angeles- Riverside -Orange County, California, as set forth in the original Agreement.
3. The "Notice" section of said Agreement shall be amended to change the name and address of Lessor
notice to:
City of Santa Ana
20 Civic Center Plaza M -21
Santa Ana, CA 92701
SARTC Projects Manager
Fax 714- 647 -5069
4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and
in full force and effect.
is
Exhibit 1
25C -3
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to said Agreement
the date and year first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
w
Raul Godinez, II
Executive Directo Public Works
am
CITY OF SANTA ANA
David N. Ream
City Manager
COUNTY OF ORANGE
Mike Ryan
Acting Division Director, Administrative Services
25C -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
COOPERATIVE AGREEMENT WITH
COUNTY OF ORANGE FOR
COUNTY'S PROPOSITION 1 B
ALLOCATION FOR CITY STREETS
pa4-
CITY MA AGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on V' Reading
❑ Ordinance on 2 n Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached cooperative
agreement with the County of Orange to receive a portion of the County's fourth allocation of
Proposition 1B funds for the rehabilitation of Hazard Avenue from Harbor Boulevard to Euclid
Street, subject to nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
At the November 6, 2006 election, the voters passed Proposition 1 B (Prop 1 B) to allow the state
to sell $19.9 billion in general obligation bonds for a variety of transportation priorities for cities
and counties to fund the maintenance and improvement of local transportation facilities. The
County of Orange has received their allotment of Proposition 1B funds, as determined by the
State Controller's Office. At their meeting on March 4, 2008 the County Board of Supervisors
allocated a portion of the County's Proposition 1 B funds to the cities to assist in delivery of their
critical transportation and safety projects.
Since then, the City has received a total of $2.5 million in County Prop 1 B share to fund Susan
Street from Mac Arthur to Sunflower, Fifth Street from Fairview to Jackson, Santiago Avenue
from Sixth to Santa Ana Boulevard, and Golden Circle Drive from First Street to 650 feet north of
Fourth Street.
Most recently, at their December 14, 2010 meeting, the County Board of Supervisors approved
an additional allocation of Proposition 1B funds in the amount of $400,000 for improvements to
Hazard Avenue from Harbor Boulevard to Euclid Avenue (Exhibit 1). The allocation for Hazard
Avenue is a fourth allocation for Fiscal Year 2010/11, and a new County /City cooperative
agreement must be executed to receive these funds. This allocation was included in the City's
Fiscal Year 2010/11 CIP and will be expended within two years from their receipt of funds.
25D -1
Cooperative Agreement with County of Orange
County's Proposition 1 B Allocation
February 22, 2011
Page 2 of 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Revenues received from Proposition 1 B will be allocated to the projects as part of Capital
Improvement Program in Fiscal Year 2011/12.
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Rau Godinez I
Executive Direc r
Public Works Agency
RG:kn
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez F3
Executive Director
Finance & Management Services Agency
Exhibit 1: County Proposition 1 B Agreement Project Limits
Exhibit 2: County Proposition 1 B Agreement
2501-2
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♦....♦ PROJECT LIMITS
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EXHIBIT 1
SANTA ANA TITLE:
CITY COUNCIL COOPERATIVE AGREEMENT WITH COUNTY
' W A AGENDA DATE:
OF ORANGE FOR COUNTY'S PROPOSITION
PUBLIC WORKS A,ENC, FEB. 22, 2011
- 1B ALLOCATION FOR CITY STREETS
2501-3
25D -4
Agreement No. D10 -076
PROPOSITION 1B
CITY AGREEMENT
This PROPOSITION 113 CITY AGREEMENT, Agreement No. D10 -076 ("Agreement ") is
made and entered into this day of 2010, by and
between the County of Orange, California, a political subdivision of the State of California
( "County "), and the City of Santa Ana, a municipal corporation in the State of California
( "City "). The County and City shall sometimes be referred to separately as a "Party" and
collectively as the "Parties."
RECITALS
A. WHEREAS, the City owns and operates streets in need of traffic congestion and
traffic safety improvements, including routine roadway maintenance and storm drain
improvements, and acknowledges that it has limited funds by which to address these needs;
B. WHEREAS, pursuant to Section 1686 of the Streets & Highways Code, the
California State Legislature has determined that the improvement and maintenance of all city
streets is of general county interest. It is of general interest to the County and the City to extend
financial aid to the City for the general improvement and maintenance of City streets in that the
improvement of transportation congestion is of benefit to all Orange County residents;
C. WHEREAS, the County desires to assist the City with a portion of the County's
Proposition 1 B ( "Prop. 113") fourth allocation (2009 -10 State Appropriation) for the
improvement and maintenance of City streets, and to help improve regional transportation needs
within the county;
D. WHEREAS, the County will allocate a portion of the County's Prop. 1B fourth
allocation funds to the City for the purposes of improvements to local transportation facilities
that will assist in reducing traffic congestion and further deterioration, improving traffic flows,
or increasing traffic safety ( "Prop. 1 B Funds "). The expenditure of Prop. 1 B Funds is to be in
accordance with Government Code section 8879.20 et seq., and all other applicable State rules,
regulations and guidelines ( "Prop. 1 B Requirements "); and
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and
conditions contained herein and other consideration, the value and adequacy of which are hereby
acknowledged, the Parties agree as follows:
SECTION I
A. Upon approval of the City's project(s) by the Board of Supervisors, County shall
include the City's project(s) in the Prop. 1 B fourth allocation project list to be submitted to the
Exhibit 2
Page 1 of 7
25D -5
Agreement No. D10 -076
State Department of Finance. The City project(s) approved by the Board of Supervisors for
Prop. 1 B funding is attached hereto as the County of Orange funded Proposition 1 B Fourth
Allocation Project(s) in City of Santa Ana (Exhibit A).
B. Upon full execution of this agreement by both City and County, County will
disburse a portion of its Prop. 1 B Funds to the City in the amount shown on Exhibit A, or as
limited by Section ILA, below.
C. The City shall expend Prop. 1 B Funds on the project(s) listed in Exhibit A
exclusively within City's jurisdiction in accordance with all Prop 1 B Requirements. This
includes, but is not limited to, meeting the project delivery and expenditure deadlines, and using
the County's Prop. 1 B allocation to reduce City's traffic congestion and further deterioration,
improving traffic flows, or increasing traffic safety.
D. Prop. 1 B Funds shall be expended no later than June 30, 2013 ( "Deadline "). Any
Prop. 1 B Funds not expended by the Deadline or by the State - authorized extension shall
promptly be returned to the County, but in no event shall funds be returned later than sixty (60)
days after the Deadline or by the State - authorized extension. If the City determines at any time
that the City cannot expend Prop. l B Funds by the Deadline or by the State - authorized
extension, the City shall immediately notify the County in writing of this determination. The
City shall then return its remaining Prop. 1 B Funds within sixty (60) days of said notification.
E. County will conduct a City expenditure assessment status report in accordance with
the reporting schedule set by the Department of Finance in order to verify if City is expending
its Prop. 1 B Funds in accordance with Prop. 1 B Requirements. The status report shall include
the date of project award, amount of award, percent completion of project, estimated completion
date, the amount of funds that have been expended, the remaining County Prop. 1 B allocation to
be expended, and any other information or documentation relating to City's expenditure of Prop.
I B Funds. Upon request by County, the City shall provide County with said Prop. 1 B Funds
status report within fourteen (14) days of the request.
F. In the event of an audit by the State, the City shall provide State and /or County all
documentation requested by the State within the timeframe required by the State. The City shall
work cooperatively with the County during the course of the audit. The City shall attend all
audits and audit proceedings, as needed. If the State finds that any City expenditure of Prop. 1B
Funds is ineligible or does not comply with Prop. 1 B Requirements, the amount of the ineligible
expenditure and any other penalties or assessments shall be immediately reimbursed to the
County, which will be returned to the State. The amount of the ineligible expenditure including
any other penalties or assessments shall be reimbursed to the County no later than 60 days from
the State's determination.
MISCELLANEOUS PROVISIONS:
SECTION II
Page 2 of 7
w 1
Agreement No. D10 -076
A. Availability of Funds The County's obligation is subject to the availability of
funds appropriated for this Agreement, and nothing herein shall be construed as obligating the
County to expend funds or as involving the County in any contract or other obligation for future
payment of money in excess of appropriations authorized by law. Further, County's distribution
of funds to the City depends entirely on the County receiving its Prop. 1 B allocation from the
State. County shall not disburse the City's allocation until such time that the County receives its
Prop. 1 B allocation from the State. County also reserves the right to limit, reduce, delay or
terminate the City's Prop. 1 B disbursement identified in Exhibit A for any reason, and at any
time, including, but not limited to, a State delay or reduction in the County's Prop. 1B
allocation, ineligibility of all or a portion of City's project(s), or suspension or reduction of other
County road funds.
B. Indemnification City shall indemnify, defend with counsel approved in writing
by County, save and hold County and each of its elected officials, officers, directors, agents and
employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or
expenses of every type and description to which they may be subjected arising out of any act or
omission of, its employees, representatives, agents and independent contractors in connection
with the implementation of the actions described in this Agreement. Should the State determine
that any City Prop. 1 B Funds to be ineligible, City is liable for any interest payments, fines,
penalties or other forfeitures that may be assessed by the State.
City shall return Prop. 1 B Funds to the County within the timeframe contemplated under this
Agreement should l) City fail to expend any portion of its Prop. 1 B Funds within the timeframe
under this Agreement; 2) the State or County deem any City expenditure of Prop. 1 B Funds to
be ineligible; or 3) this Agreement be found to be incompatible with State law.
C. Assi ng ment This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the Parties. No assignment of City's interest in this Agreement shall
be made without the written consent of the County. Furthermore, City agrees that Prop 1 B
Funds shall not be expended on, given to, shared with, or otherwise provided to any other city,
local agency or other entity not contemplated under this Agreement.
D. Entirety & Amendments This Agreement contains the entire agreement between
the Parties with respect to the matters provided for herein. No alteration or variation of the terms
of this Agreement shall be valid unless made in writing and signed by the Parties; no oral
understanding or agreement not incorporated herein shall be binding on either of the Parties; and
no exceptions, alternatives, substitutes or revisions are valid or binding on County unless
authorized by County in writing.
E. Severability If any part of this Agreement is held, determined, or adjudicated to
be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this
Agreement shall be given effect to the fullest extent reasonably possible.
F. Calendar Days Any reference to the word "day" or "days" herein means calendar
day or calendar days, respectively, unless otherwise expressly provided.
Page 3 of 7
25D -7
Agreement No. D10 -076
G. Notices Notices or other communications which may be required or provided
under the terms of this Agreement shall be given as follows:
City: Director of Public Works /City Engineer
Public Works Department
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Phone: (714) 647 -5654
Facsimile: (714) 647 -6954
and
County: Director /Chief Engineer, OC Engineering
Orange County Public Works
County of Orange
PO Box 4048
Santa Ana, CA 92702 -4048
Phone 714- 667 -3213
Facsimile 714- 834 -2496
All notices shall be in writing and deemed effective when delivered in person or
deposited in the United States mail, first class, postage prepaid and addressed as above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and
any such notice so given shall be deemed to have been given upon receipt during normal
business hours or, in the event of receipt after business, on the following business day. Any
notices, correspondence, reports and /or statements authorized or required by this Agreement,
addressed in any other fashion shall be deemed not given.
H. Termination County may terminate this Agreement for any reason provided that
such termination shall be accomplished by delivery of a Notice of Termination, which notice
shall become effective not less than thirty (30) days after receipt.
1. Breach The failure of the City to comply with any of the terms and conditions of
this Agreement shall be a material breach of this Agreement. In such event the County may:
1. Afford the City a written Notice of Breach and Notice of Termination, and in
the County's discretion, provide for thirty (30) days within which to cure the
breach;
2. Discontinue all Prop. 1 B Fund allocations during the period in which the City is
in breach; and /or
3. Offset Prop. I B Fund allocations against any invoices billed by the City.
Page 4 of 7
Agreement No. D10 -076
A breach of this Agreement by City may be grounds to not include City in future allocations of
the Prop. I B Funds, as determined by the County.
J. Binding Obligation The Parties to this Agreement represent and warrant that this
Agreement has been duly authorized and executed and constitutes the legally binding obligation
of their respective organization or entity enforceable in accordance with its terms.
K. Governing Law and Venue This Agreement has been negotiated and executed in
the State of California and shall be governed by and construed under the laws of the State of
California. In the event of any legal action to enforce or interpret this Agreement, the sole and
exclusive venue shall be a court of competent jurisdiction located in Orange County, California,
and the Parties hereto agree to and do hereby submit to the jurisdiction of such court,
notwithstanding Code of Civil Procedure, Section 394.
L. Attorney's Fees In any action or proceeding to enforce or interpret any provision
of this Agreement, or where any provision hereof is validly asserted as a defense, each party
shall bear its own attorney's fees, costs and expenses.
M. Waiver of Jury Trial Each Party acknowledges that it is aware of and has had
the opportunity to seek advice of counsel of its choice with respect to its rights to trial by jury,
and each Party, for itself and its successors, creditors, and assigns, does hereby expressly and
knowingly waive and release all such rights to trial by jury in any action, proceeding or
counterclaim brought by any Party hereto against the other (and /or against its officers, directors,
employees, agents, or subsidiary or affiliated entities) on or with regard to any matters
whatsoever arising out of or in any way connected with this Agreement and/or any other claim
of injury or damage.
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Page 5 of 7
U,
Agreement No. D10 -076
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its Mayor or any
City official authorized to sign agreements on behalf of the City and attested by its Clerk, on the
dates written opposit &'their signatures, all thereunto duly authorized by the City- Council.
Date:
ATTEST:
City of Santa Ana,
a municipal corporation
By:
City Manager
APPROVED AS TO FORM:
By
City Clerk City Attorne —"
RECOMMENDED FOR APPROVAL:
Executive Director
Pudic Works Agency
Page 6 of 7
25D -10
signatures. all thcrcunto duly authorized by the Board of Supervisors.
It q
County of Orange,
a political subdivision of the State of Californ'
Date: ��' _� li - -- By: y
Chairrban. Board of u ervisors
SIGNED AND CER'T'IFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED APPROVED AS TO FORM:
TO THE CHAIRMAN OF THE BOARD COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By: _ By: t
Darlene J. om putt' - - -- - -- — - - - --
Clerk of the Board upervisors of
Orange County, California 0
Page 7of7
25D -11
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25D -12
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
AGREEMENT WITH THE POLICE
MANAGEMENT ASSOCIATION
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute an agreement with the Police Management Association regarding wages, hours, and
other terms and conditions of employment.
DISCUSSION
The City and the Police Management Association (PMA) recently completed contract
negotiations, resulting in a three -year contract extension to the FY 2004 -10 Memorandum of
Understanding. This extension covers July 1, 2010 through June 30, 2013.
The provisions of this extended agreement are as follows:
1) Salary: 7/01/10-6/30/11 = 0%
7/01/11 — 6/30/12 = 3%
7/01/12-6/30/13 = 3.5%
2) Payment toward 3% at 50 Service Retirement Benefit: "Safety" employees shall contribute
an additional amount toward the City's "employer" rate as follows:
• July 1, 2011 = additional 1.0% for a total of 2.42%
• July 1 2012 = additional 1.0% for a total of 3.42%
3) Retirement Reopener: If the employer contribution rate for a fiscal year meets or exceeds
25 %, then the provisions of Article 14.6 "Payment of 3% at 50 Service Retirement Benefit"
shall be reopened at the request of the City.
25E -1
Agreement with the Police Management Association
February 22, 2011
Page 2
4) Alternative Work Schedule: Allow employees to work a 4/10 schedule, unless exempted
by the Police Chief or assigned as Watch Commanders.
5) Employees retiring between July 1, 2010 and January 31, 2011 shall receive leave cash
out calculated to include a 6.5% increase in value. In no event shall this be construed as
"reportable compensation" to CalPERS.
6) Vacation Cash Out: For Fiscal Year 2010 -2011, employees shall defer regular and /or
longevity vacation cash out. Effective July 1, 2011 through June 30, 2014, employees
may cash out up to 106 hours per year.
7) Management Vacation Cash Out: For Fiscal Year 2010 -2011, employees shall defer
management vacation cash out. Effective July 1, 2011 through June 30, 2014, employees
may cash out up to 53 hours per year.
FISCAL IMPACT
There are first -year savings to the City of $486,268 for deferral of salary increases and leave
cash outs. There are additional ongoing savings of $47,907 per year for increased CalPERS
contributions.
Kathie S. Gonzalez
Executive Director
Personnel Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS
Francisco Gutierrez
Executive Director
Finance & Management Services Agency `-
25E -2
THREE -YEAR CONTRACT AMENDMENVEXTENSION TO
THE MEMORANDUM OF UNDERSTANDING, AS AMENDED, BETWEEN
THE CITY OF SANTA ANA
AND
THE SANTA ANA POLICE MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2010 -11
THROUGH 2012-13
The City of Santa Ana (CITY) and the Police Management Association (PMA) have met and agreed to
amend the previously amended 2004 -10 Memorandum of Understanding (MOU) between the CITY
and PMA, by extending this amended MOU for three (3) additional years. The existing MOU
provisions shall remain unchanged and in effect unless modified by this contract extension. The new
expiration date of the MOU, as amended, shall be June 30, 2013, and the MOU shall be amended as
follows:
AMENDED ARTICLE III (new language in bold italics; deleted provisions lined out)
3.2 Alternative Work Schedules.
a 9/8G wepl(sehedule. Emipleyees essigned te the 207(k) 9/80 wep'(sehedule shall wepli euthep fi-e
seyeig (7) day span. C-seh mine (9) heur wepl(day shall eensist ef mine (9) houps ef wepli and thipty (80)
minutes unpaid meeltime. The eight (8) heup werl(day shall eensist ef eiiqh� (8) heups ef wepli and
wepk pepied shell eemsis� ef twe (2) eenseeutiye weeks, with *Pee (3) shifts ef N heups amd-40
A. All represented employees, except those Lieutenants assigned as Watch Commanders or
assigned to positions designated by the Police Chief as special exemptions, shall be permitted,
at the employee's option, to work a 4110 work schedule.
4410 work mheeiok sha# work 16 sen hour nw*da�w in emh 2-8 day &6A 14tw* pejq0d. Each
PMA 2010 -13 Contract Extension Page 1
25E -3
workday shall consist of ten (10) hours of work and thirty (30) minutes unpaid mealtime. Said
schedule shall be set by the Police Chief and subject to annual review by the Police Chief.
B. All represented employees (except those Lieutenants assigned as Watch Commanders)
not assigned to the 4110 work schedule shall work a 9180 work schedule. Employees assigned to
the 207(k) 9/80 work schedule shall work either five (5) nine -hour workdays in the first seven (7)
day span and three (3) nine -hour and one (1) eight -hour workdays in the second seven (7) day span, or
alternatively three (3) nine -hour workdays and one (1) eight -hour workday in the first seven (7) day
span and five (5) nine -hour workdays in the second seven (7) day span. Each nine (9) hour workday
shall consist of nine (9) hours of work and thirty (30) minutes unpaid mealtime. The eight (8) hour
workday shall consist of eight (8) hours of work and thirty (30) minutes of unpaid mealtime.
C. Police Lieutenants assigned to the Field Operations Division as Watch Commanders will
continue to be assigned to a 3/12 - 4/12 work schedule. The minimum work day for these employees
will consist of 11 hours and 30 minutes of work, with 30 additional minutes for meals. A minimum
work period shall consist of two (2) consecutive weeks, with three (3) shifts of 11 hours and 30
minutes in one (1) week and four (4) shifts of 11 hours and 30 minutes in the second week.
For purposes of computing holiday, vacation, and sick leave accruals, an eight (8) hour day shall be
the basis for computation.
AMENDED ARTICLE IV (new language in bold italics; deleted provisions lined out)
4.3 Salaries.
A. The base salaries of employees covered by this Agreement shall be adjusted as follows:
1. Effective July 1, 2008, the base salaries of classifications covered by this Agreement
shall be increased by eight (8) salary rate ranges (approximately fetes- pepeen#44 %).
2. Effective January 1, 2009, the base salaries of classifications covered by this Agreement
shall be increased by five (5) salary rate ranges (approximately
(2.5 %).
liffeetlye July 1, 2009, the base selepies ef elessifiee�iems eeyeped by this Aqpeerflen� ShA
0
3. Effective July 1, 2009, there shall be no salary increase for employees covered by this
Agreement.
0
PMA 2010 -13 Contract Extension Page 2
25E -4
4. Effective January 1, 2010, there shall be no salary increase for employees covered by this
Agreement.
5. Effective July 1, 2010, there shall be no salary increase for employees covered by
this Agreement.
Agreement. shall be inereased by approximately twe and one half pereen# (2.5-%)-.
6. Effective January 1, 2011, there shall be no salary increase for employees covered
by this Agreement.
7. Effective July 1, 2011, the base salaries of classifications covered by this
Agreement shall be increased by six (6) salary rate ranges (approximately 37.).
8. Effective July 1, 2012, the base salaries of classifications covered by this
Agreement shall be increased by seven (7) salary rate ranges (approximately 3.5%).
9. Should any other bargaining unit, iviM Me emmvNem of SENA, receive a salary or
benefit increase of greater than the combined value of that set forth in "7" and "8"
hereof during the term of this Agreement, PMA employees shall be granted that salary or
benefit equivalent.
10. The City and Association agree that upon the expiration of this Agreement and during the
period of good faith negotiations for a subsequent contract, salary and benefits shall continue
at the then current rate.
AMENDED ARTICLE VI (new language in bold; deleted provisions lined out)
G. Homeland Security Executive Leaders Program. Any employee covered by this Agreement who
successfully completes the Homeland Security Executive Leaders Program shall be paid at a
rate set five (5) salary rate ranges (approximately 2.5 %) above his or her then current base
monthly salary step.
H. Advanced Leadership Program (note new letter "H "). Additional leadership courses to be added
to the already existing menu contained in the Advanced Leadership Program under existing
Section G are:
• FBI -LEEDA Executive Survival 32 hours
• Role of the Police Chief 40 hours
PMA 2010 -13 Contract Extension Page 3
25E -5
I. Additional Courses. Any other course, 24 hours or longer, which focuses on developing
leadership skills or increasing knowledge of contemporary law enforcement issues of a
management /executive nature, or which enhances knowledge of community policing strategies
or trends. All such courses shall be reviewed and approved by the Chief of Police after
he /she ensures that the above criteria are met.
AMENDED ARTICLE IX (new language in bold italics, deleted provisions lined out)
9.6 Leave Cash Option. Employees covered by this Agreement may cash out a combination of #ate
fellewing holiday, re
gu /or and /or longevity vacation, and management vocation leaves, up to
a maximum of 120 hours in a calendar year., Effective July 1, 2009, all employees
covered by this Agreement shall defer for the duration of Fiscal Year 2009 -10 an employee's
ability to cash out holiday leave, regular and /or longevity vacation leave, and management
vacation leave.
e-94-OPP-069, year as fe#ews
A. Holiday Leave: Employees may receive cash compensation, computed on straight time
basis, up to a maximum of eighty (80) hours of their holiday leave benefits, including the
floating holiday, set forth in Section 9.2 above. Effective July 1, 2009, all employees covered
by this Agreement shall defer for the duration of Fiscal Year 2009 -10 an employee's ability to
cash out holiday leave time. The ability to cash out holiday leave time shall be reinstated on
July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for
accumulated holiday leave time upon separation from employment with the City, not to exceed a
maximum of 160 hours.
1. Effective July 1, 2010 through June 30, 2013, employees choosing to cash out their
holiday time may do so to a maximum value of 1.33 x 80 hours, or 106 hours per year.
B. Regular and /or Longevity Vocation Leave: Employees may receive cash compensation,
computed on a straight time basis, up to a maximum of eighty (80) hours of earned, unused
regular vacation leave (which includes longevity vacation) benefits, set forth in Sections
10.2 and 10.3, respectively, herein. Effective July 1, 2009, all employees covered by this
Agreement shall defer for the duration of Fiscal Years 2009 -10 and 2010 -11,
respectively, an employee's ability to cash out vacation leave time. The ability to cash out
vacation leave time shall be reinstated ul 1, A/y 1, 2011. Such deferral shall
not affect an employee's ability to cash out vacation leave time upon separation of
employment with the City.
1. Effective July 1, 20! 2011 through June 30, 2G" 2014, employees choosing to
cash out their vacation leave time may do so up to a maximum value of 1.33 x 80 hours,
or 106 hours per year.
PMA 2010 -13 Contract Extension Page 4
25E -6
C. Management Vacation Leave: Employees may receive cash compensation, computed on a
straight time basis, up to a maximum of forty (40) hours of earned, unused management
vacation leave benefits, set forth in Section 10.7 herein. Effective July 1, 2009, all
employees covered by this Agreement shall defer for the duration of Fiscal Years 2009-
10 and 2010 -11, respectively, an employee's ability to cash out management vacation
time. The ability to cash out management vacation time shall be reinstated July 1, 20W
2011. Such deferral shall not affect an employee's ability to cash out management
vacation time upon separation of employment with the City.
1. Effective July 1, 201-0 2011 through June 30, 20" 2014 employees choosing to
cash out their management vacation leave time may do so up to a maximum value of
1.33 x 40 hours, or 53 hours per year.
The terms and conditions identified in "bold type" above apply to the Cash Option set forth in 9.6
above for the period of time beginning July 1, 2009, and ending June 30, 2014 2014. Effective
July 1, 2014 2014, these terms and conditions no longer apply and the Cash Option reverts to that
set forth above (maximum of 120 hours of combined holiday, regular or longevity vacation, and /or
management vacation).
Notwithstanding the above, employees covered by this Agreement who retire between July 1,
2010 and January 31, 2011, shall have the ability to cash out any and all leaves at a value
increased by six and one -half percent (6.5%) of base pay, plus premiums. In no event shall
this provision be construed as precedent - setting, nor shall this provision entitle an employee to
enhanced retirement benefits of any kind as provided by 641PERS, including but not limited to
making this leave cash out reportable to CalPERS as income for the purpose of enhancing an
employee's retirement benefit.
Such cash option may be eliminated or modified to the extent it is construed as overtime under
Department of Labor Guidelines implementing provisions of the Fair Labor Standards Act.
AMENDED ARTICLE XI (new language in bold italics, deleted provisions lined out)
11.3 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or
she furnishes the Executive Director of Personnel Services satisfactory proof of his or her order to
report for duty. Upon return and upon showing of proof of actual service pursuant to such orders,
he or she will be reinstated as provided in Section 9 -143 of the Civil Service Rules and Regulations of
the City of Santa Ana.
B. Temporary. Members of the reserve forces of the United States or the National Guard,
granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code,
will be granted leave with pay not to exceed thirty (30) ealendep working days in each calendar year
PMA 2010 -13 Contract Extension Page 5
25E -7
after one (1) year's service with the City upon presenting satisfactory proof of orders to and from
such temporary active duties.
AMENDED ARTICLE XII (new language in bold italics, deleted provisions lined out)
12.4 Life Insurance. The City shall continue to pay one hundred percent (100 %) of the premium cost
for term life insurance coverage under the policy it maintains on behalf of its officers and
employees in order to provide employees covered by this Agreement with life insurance
coverage in an amount equal to twice such employee's annual rate of salary to a maximum of
three hundred thousand ($300,000), provided said affected employees can provide evidence
of insurability of coverage above one hundred fifty thousand dollars ($150,000) if so required
by the terms and conditions of said term life insurance policy.
AMENDED ARTICLE XIV (new language in bold italics, deleted provisions lined out)
14.6 3% at 50 Service Retirement Benefit for Safety Members. The City agrees to amend its
contract with CalPERS to provide Safety employees represented by this bargaining unit with
the 3% at 50 Service Retirement benefit, effective July 1, 2001.
Payment of 3% at 50 Service Retirement Benefit. The actual cost for the benefit shall be
determined upon receipt of the annual actuarial valuation setting forth employer rates for the
2001 -02 fiscal year and every subsequent year thereafter. In order to provide this benefit
to its current safety members, the City and Association agree that eligible employees will pay
50% of the total additional normal cost to provide this benefit, not to exceed 1.42% of safety
payroll. Effective Ju ly 1, 2011, current safety members shall contribute an additional
one percent (19) for a total of 2.42% of safety payroll. This additional 19 contribution
shall be implemented through payroll deduction on a pre -tax basis. Effective Ju ly 1,
2012, current safety members shall contribute an additional one percent (I Z) for a total
of 3.42% of safety payroll. This additional 19 contribution shall be implemented through
payroll deduction on a pre -tax basis.
14.I0AReo ever reqardlna Ca/PERS Em /o er Contribution
If, at any time during the term of this Agreement, the City receives notification from Ca/PERS
that the employer contribution rate for the cost of providing the 3% at 50 service retirement
benefit to members of the Association meets or exceeds 259, then Article 14.6 'Payment of
39 at 50 Service Retirement Benefit" shall be subject to being immediately reopened for
negotiation at the request of the City.
Yearly A--'--- " " ti2n E! I , Wes--� with a year ly- setwerie 1 yelueteem
PMA 2010 -13 Contract Extension Page 6
25E -8
and Asseeis4ien agree 4he�
I
the
O
O
O
AMENDED ARTICLE XXVI (new language in bold italics; deleted provisions lined out)
26.1 The term of this Agreement shall be from July 1, 2010 through June 30, 201413.
PMA 2010 -13 Contract Extension Page 7
25E -9
AMENDED ARTICLE XXVII (new language in bold italics; deleted provisions lined out)
27.0 RATIFICATION AND EXECUTION
27.1 The City and the Association have reached an understanding as to certain recommendations to
be made to the City Council for the City of Santa Ana and have agreed that the parties hereto
will jointly urge said Council to adopt a new wage and salary resolution which will provide for
the changes contained in said joint recommendations. The City and the Association
acknowledge that this Agreement shall not be in full force and effect until ratified by the
membership of the Association and adopted by the City Council of the City of Santa Ana.
Subject to the foregoing this Agreement is hereby executed by the authorized
representatives of the City and Association and entered into this 29**
22"d ay of February 2011.
Lb=.]
Dated:
Dated:
ATTEST:
CLERK OF THE COUNCIL
CITY OF SANTA ANA, a
Municipal Corporation of the
State of California
By:
MAYOR
By:
CITY MANAGER
By:
EXECUTIVE DIRECTOR,
PERSONNEL SERVICES
APPROVED AS TO FORM:
CITY ATTORNEY
PMA 2010 -13 Contract Extension Page 8
25E -10
This Agreement has been ratified by the membership of the Santa Ana Police Management
Association.
Dated:
SANTA ANA POLICE MANAGEMENT ASSOCIATION
By
STEVE COLON, PRESIDENT
PMA 2010 -13 Contract Extension Page 9
25E -11
25E -12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
AGREEMENT WITH THE POLICE OFFICERS
ASSOCIATION
"z2v,-�
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute an agreement with the Police Officers Association regarding wages and other terms and
conditions of employment.
DISCUSSION
The City and the Police Officers Association (POA) recently completed contract negotiations,
resulting in a three -year contract extension to the FY 2004 -10 Memorandum of Understanding
(MOU). This extension period covers July 1, 2010 through June 30, 2013.
The provisions of this extended agreement are as follows:
1) Salary: 7/01/10 — 6/30/11 = 0%
7/01/11 — 6/30/12 = 3%
7/01/12 — 6/30/13 = 3.5%
2) CalPERS Retirement: Effective July 1, 2011, all "safety" members shall contribute an
additional one percent (1 %) of payroll to CalPERS for the cost of the 3% at 50 retirement
benefit, for a total contribution of 2.42°/x. Effective July 1, 2012, all "safety" members shall
contribute an additional one percent (1 %) of payroll to CalPERS toward the cost of this
benefit, for a total contribution of 3.42 %. Effective July 1, 2013, this additional 1%
contribution shall sunset and the ongoing member contribution shall be 2.42 %.
3) Retirement Reopener: If the employer contribution rate for a fiscal year meets or exceeds
25 %, then the provisions of Article 13.9 "Payment of 3% at 50 Service Retirement Benefit"
shall be reopened at the request of the City.
25F -1
Agreement with the Santa Ana Police Officers Association
February 22, 2011
Page 2
4) Detective Redeployment: For the period July 1, 2010 through June 30, 2012, all
employees assigned as detectives (investigators) shall work one (1) day per month in
patrol.
5) Compensation for overtime: Effective July 1, 2010, increase compensatory time
accumulation from 160 hours to 200 hours, to allow employees paid out of General Fund
to be paid in compensatory time. For the period July 1, 2010 to June 30, 2011, employees
will defer the cash out of any comp time. The cash out option shall be reinstated effective
July 1, 2011.
6) Vacation cash out: For fiscal year 2010 -2011, employees will defer the cash out of any
longevity vacation time. The ability to cash out longevity vacation shall be reinstated on
July 1, 2011.
7) Layoff Protection: There shall be no layoffs of members of this bargaining unit during
fiscal year 2010 -2011. There shall be no layoffs of members of this bargaining unit during
fiscal year 2011 -2012 except upon the occurrence of a five percent (5 %) or greater decline
in the 2010 -11 general fund revenues of the City.
FISCAL IMPACT
There are first year savings of $8,635,000 to the City for deferral of salary increases and leave
cash outs. There are additional ongoing savings of $350,176 for increased PERS contributions.
Kathie S. Gonzalez
Executive Director
Personnel Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25F -2
THREE YEAR CONTRACT EXTENSION TO
THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SANTA ANA
AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 2010 -11
THROUGH 2012 -2013
The City of Santa Ana (City) and the Santa Ana Police Officers Association (SAPOA)
have met and agreed to amend the previously amended 2004 - 2010 Memorandum of
Understanding (MOU) between the CITY and SAPOA, by extending this amended MOU for
three (3) additional years. The existing MOU provisions shall remain unchanged unless
addressed by this amendment. The new expiration date of the MOU, as amended, shall
be June 30, 2013, and the MOU shall be amended as follows:
AMENDED ARTICLE III (new language in bold; deleted provisions lined out)
3.0 ATTENDANCE, WORK PERIOD, WORK SCHEDULE & WORKDAY
3.5 DETECTIVE REDEPLOYMENT (New)
For the period July 1, 2010 through June 30 2012, all employees assigned as
detectives (investigators) shall work one (1) day per month in the patrol function of
the Field Operations Bureau pursuant to a schedule as determined by the Chief of
Police or his designee.
AMENDED ARTICLE IV (new language in bold; deleted provisions lined out)
4.0 SALARIES
4.3 Salary Ad iustments.
A. (new -q
Effective July 1, 2008, the base salary of employees covered by this Agreement shall
be increased by eight (8) salary rate ranges (approximately 4 %).
Effective January 1, 2009, the base salary of employees covered by this Agreement
shall be increased by five (5) salary rate ranges (approximately 2.5 %).
POA CONTRACT EXTENSION 2010 -13 Page 1
25F -3
Effective July 1, 2010, the base salary of employees covered by this Agreement
shall be increased by zero (0) salary rate ranges.
Effective January 1, 2011, the base salary of employees covered by this
Agreement shall be increased by zero (0) salary rate ranges.
Effective July 1, 2011, the base salary of employees covered by this Agreement
shall be increased by six (6) salary rate ranges (approximately 3 1%).
Effective July 1, 2012, the base salary of employees covered by this Agreement
shall be increased by seven (7) salary rate ranges (approximately 3.5 %).
AMENDED ARTICLE VIII (new language in bold; deleted provisions lined out)
8.0 OVERTIME
8.4 Compensation for Overtime
A. The preferable method by which overtime shall be compensated is by monetary
payment, at one and one -half (11/2) times the employee's regular rate of pay.
B. Should the Police Chief determine that the best interests of the City will be served
thereby, he or his designee may permit an employee to be compensated for overtime
work by earning paid compensatory time off at the rate of one and one -half (1 112)
times the employee's regular rate of pay. The employee will be credited with time
off at the rate of one and one -half (1 1/2) hours of time for each hour of overtime
worked. This time, hereinafter identified as "comp time" will be accrued in a comp
time bank for each employee. The hours in this bank shall reflect the converted time
value of each hour worked.
1. Effective January 1, 2006 2010, employees are limited to the accumulation of
420 160 hours of comp time. Effective July 1, 2010, employees are limited
to the accumulation of 200 hours of comp time.
POA CONTRACT EXTENSION 2010 -13 Page 2
25F -4
2. Beginning July 1, 2011, year, beginning Appil 16
and ending Appil 30 and beginning Neyernber 16 and emelffing NeyerAbep , each
affected employee who has accrued comp time credits, may elect to convert up
to fepty twenty (20) hours of such accrued time each calendar year
quarter to the cash equivalent thereof, to a maximum of eighty (80) hours per
calendar year.
3. For the period July 1, 2010 to June 30, 2011, employees paid out of the
General Fund of the City agree that compensation to them for overtime
earned by them shall be in the form of compensatory time off (comp time)
unless and until they have accumulated a maximum of 200 hours of comp
time. Any accumulation of compensatory time in excess of 200 hours shall
be paid in cash.
4. For the period of July 1, 2010 to June 30, 2011, employees covered by
this Agreement agree to defer the cash out of any comp time. The cash
out option, as modified below, shall be reinstated effective July 1, 2011.
The deferral of the cash out option shall not affect an employee's ability
to be compensated for all accumulated comp time upon separation from
employment with the City.
C. Use of Comp Time.
I. When an employee submits a request for time off using accrued
compensatory time, and that employee has found a qualified replacement,
the time off request will be granted. : F: will A qualified
replacement means that the replacement officer or employee is able to
fulfill the requirements of the position to which the requesting officer is
assigned.
2. When an employee submits a request to take time off using accrued
compensatory time and the officer deployment is above minimum staffing
for that the requested day, then the request will be granted without
further conditions. However, if the number of officers scheduled to
work on the day(s) of the request is at or below minimum staffing as
defined by the department, the compensatory time off request will be
granted only if a qualified replacement has volunteered and committed to
work the assignment left open by the request for time off. The
volunteer may exchange days off with the requesting employee within the
14 -day or 7 -day work period, whichever applies, or may elect to receive
overtime compensation.
a. For the period July 1, 2010 through June 30, 2011, requests
under this section will be granted only if the volunteer agrees to
POA CONTRACT EXTENSION 2010 -13 Page 3
25F -5
exchange days off within the 14 day or 7 day work period, and
agrees that he or she will not be subject to payment for
overtime as a result of the exchange.
3. Requests for use of compensatory time off during holidays as defined by
the current MOU, must be submitted in time to be considered during
the monthly scheduling meeting held by bureau and division commanders
for the upcoming month. These requests will be considered by seniority
and will be granted only if officer deployment is above minimum staffing.
4. Although it is always preferable for the officer to find a qualified
replacement when requesting the use of compensatory time off, if
provided sufficient notice of a request for time off, the department will
work with employees to find a qualified replacement. Sufficient notice
and reasonable period will be defined as follows:
a. Seventy -two (72) hours notice for one (1) day or less of time off
requested.
b. Five (5) calendar days notice for more than one (1) workday up to one
(1) workweek.
C. Fourteen (14) calendar days notice for more than one (1) week
compensatory time off request.
5. If an employee has provided sufficient notice of a compensatory time off
request, the department will work with the employee to find a qualified
replacement in the following manner:
a. The watch commander will maintain a calendar of time off that has been
requested in accordance with the guidelines listed above. Qualified
employees will be allowed to volunteer to work these shifts. In the
future, the department may develop, at its own discretion, an
automated schedule that will contain this information.
b. If an employee volunteers and signs up to work for another employee
who has requested compensatory time off, that volunteering employee
will be held responsible for working that full shift without further
reminder. Employees who do not show up to work, or retract their
offer to replace another officer, may be subject to disciplinary action
and may not be permitted to volunteer to work in this manner in the
future.
POA CONTRACT EXTENSION 2010 -13 Page 4
25F -6
6. The watch commander shall send out an e-mail message to all officers
requesting a volunteer to cover the shift by switching days off or working on
overtime.
7. When a compensatory time off request is made in a manner that does not
comply with this policy, and granting that request would unduly disrupt the
operations of the department, the department may deny that request.
AMENDED ARTICLE X (new language in bold; deleted provisions lined out)
10.0 VACATION
10.3 Longevity Vacation
E. Effective July 1, 2005, employees covered by this Agreement shall be given an option
once per calendar year, to receive cash compensation computed on a straight time
basis in lieu of up to a total of forty (40) hours of their longevity vacation leave
benefits set forth in Subsection A above.
F. Effective July 1, 2009, all employees covered by this Agreement shall defer for the
duration of Fiscal Years 2009 -10 and 2010 -2011 an employee's ability to cash out
longevity vacation time. The ability to cash out longevity vacation time shall be re-
instated July 1, 2OW 2011. Such deferral shall not affect an employee's ability to be
compensated for all accumulated leave upon termination of employment with the City.
G. For the period July 1, 24W 2011 through June 30, 24M 2014, employees covered by
this Agreement shall be given an option once per fiscal year, to receive cash
compensation computed on a straight time basis in lieu of up to a total of fifty -three
(53) hours of their longevity vacation leave benefits set forth in subsection A above.
H. Effective July 1, 2443 2014, the yearly longevity cash -out provisions shall revert back
to that as set forth in section 10.3 "E ", above. Therefore, effective July 1, 2-"3
2014, employees covered by this Agreement shall be given an option once per fiscal
year to receive cash compensation computed on a straight time basis in lieu of up to a
total of forty (40) hours of their longevity vacation leave benefits set forth in
subsection "A ", above.
Such option may be eliminated or modified at the discretion of the Department to the extent
it is construed as overtime under Department of Labor guidelines implementing provisions of
the Fair Labor Standards Act (FLSA).
Amended ARTICLE XI (new language in bold,- deleted provisions lined out)
POA CONTRACT EXTENSION 2010 -13 Page 5
25F -7
11.0 OTHER LEAVES OF ABSENCE
11.3 Military Leave.
A. Proof of Orders and Reinstatements. An employee shall be granted military
leave if he or she furnishes the Chief Personnel Officer satisfactory proof of his
or her orders to report for duty. Upon return and upon showing proof of actual
service pursuant to such orders, he or she will be reinstated as provided in
Section 9 -143 of the Santa Ana Municipal Code.
B. Temporary. Members of the reserve forces of the United States, or the
National Guard, granted temporary leave when ordered to duty, in accordance
with the Military and Veterans Code, will be granted leave with pay not to exceed
thirty (30) eelender working days in each calendar year after one year's service
with the City upon presenting satisfactory proof of orders to and from such
temporary active duties.
Amended ARTICLE XIII (new language in bold; deleted provisions lined out)
13.0 RETIREMENT
13.5 3% at 50 Service Retirement Benefit for Safety Members. The City agrees to amend its
contract with CalPERS to provide Safety employees represented by this bargaining unit
with the 3% at 50 Service Retirement benefit effective July 1, 2001.
Payment of 3% at 50 Service Retirement Benefit. The actual cost for the benefit shall
be determined upon receipt of the annual actuarial valuation setting forth employer rates
for the 2001 -02 fiscal year and every subsequent year thereafter. In order to provide
this benefit to its current safety members, the City and Association agree that eligible
employees will pay 50% of the total additional normal cost to provide this benefit, not to
exceed 1.42% of safety payroll, at such time as the City of Santa Ana incurs such cost.
Commencing July 1, 2011, all safety members in the Association shall contribute an
additional one percent (1 1/o) of payroll to CalPERS for the cost of the service
retirement benefit, for a total contribution of 2.42 %.
For the period July 1, 2012 to June 30, 2013 all safety members in the Association
shall contribute an additional one percent (1 %) of payroll to CalPERS for the cost of
the service retirement benefit, for a total contribution of 3.42 %. Effective July
1, 2013 this additional 1% contribution shall sunset and the ongoing member
contribution shall be 2.42 %.
POA CONTRACT EXTENSION 2010 -13 Page 6
25F -8
13.6 Military Service Credit as Public Service. Effective January 2, 2001, Safety employees,
and April 5, 2002, Miscellaneous employees, respectively, may elect to purchase up to
four (4) years of service credit for any continuous active military or merchant marine
service prior to employment. The employee must contribute an amount equal to the
contribution for current and prior service that the employee and the employer would
have made with respect to that period of service. The City agrees that, as soon as
practicable following Council approval of this Agreement, and amendment to the CalPERS
contract, employees who elect to purchase service credit may do so on a pre -tax basis.
13.9 Reopener re Employer CalPERS Contribution (New)
If at any time during the term of this Agreement the City receives notification
from CalPERS that the employer contribution rate for a fiscal year for the cost of
providing the 3% at 50 service retirement benefit to members of the Association
meets or exceeds 25 %, then the provisions of section 13.5 "Payment of 3% at 50
Service Retirement Benefit" shall be subject to being immediately reopened for
negotiation at the request of the City.
Amended ARTICLE XXII (new language in bold; deleted provisions lined out)
22.0 LAYOFFS
G. The City agrees that there shall be no layoffs of members of this bargaining unit
during the fiscal years 2009 -2010 and 2010 -2011.
H. The City agrees that there will be no layoffs of members of this bargaining unit
during fiscal year 2011 -2012 except upon the occurrence of a five percent (5 1%)
or greater decline in the 2010 -2011 general fund revenues of the City. For
purposes of this provision, general fund revenues of the City will not include
one -time revenues to the City or transfers between other existing City funds
and the general fund.
ARTICLE XXVI
26.0 TERM OF AGREEMENT
POA CONTRACT EXTENSION 2010 -13 Page 7
25F -9
26.1 The term of this Agreement shall be from July 1, 2004 through June 30, HAAS 2Q44
2013.
ARTICLE XXVII
27.0 RATIFICATION AND EXECUTION
27.1 The City and the Association have reached an understanding as to certain
recommendations to be made to the City Council for the City of Santa Ana and have
agreed that the parties hereto will jointly urge said Council to adopt a new wage and
salary resolution which will provide for the changes contained in said joint
recommendations. The City and the Association acknowledge that this Agreement shall
not be in full force and effect until ratified by the membership of the Association and
adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this
Agreement is hereby executed by the authorized representatives of the City and the
Association and entered into this 22nd day of February 2011.
Dated:
Dated:
Dated:
ATTEST:
CITY OF SANTA ANA, a
Municipal Corporation of
the State of California
By:
MAYOR
By:
CITY MANAGER
By:
EXECUTIVE DIRECTOR,
PERSONNEL SERVICES
APPROVED AS TO FORM:
CLERK OF THE COUNCIL CITY ATTORNEY
POA CONTRACT EXTENSION 2010 -13 Page 8
25F -10
This Agreement has been ratified by the membership of the Santa Ana Police Officers
Association.
Dated:
SANTA ANA POLICE OFFICERS ASSOCIATION
By:
PRESIDENT
CHARLES GOLDWASSER,ESQ.
POA CONTRACT EXTENSION 2010 -13 Page 9
25F -11
25F -12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2010
TITLE:
AGREEMENT FOR POLICE
DEPARTMENT ADULT CROSSING
GUARD PROGRAM
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Attorney and the Clerk of the Council to execute the attached second amendment to
agreement with All City Management Services Inc. (ACMS), subject to non - substantive changes
approved by the City Manager and City Attorney to provide an Adult Crossing Guard Program
throughout the City of Santa Ana in an amount not to exceed $826,783.
DISCUSSION
Adult Crossing Guards ensure the safe movement of elementary school children around school
zones within the City of Santa Ana. All City Management Services, with the Santa Ana Police
Department oversight, currently manages the Adult Crossing Guard Program. The Program provides
crossing guard services to three school districts at 70 locations utilizing 78 crossing guards
throughout the city.
All City Management Services was awarded a one -year contract based on their Request for Proposal
(RFP) and is set to expire February 28, 2011. The company has demonstrated that the continued
outsourcing of the Adult Crossing Guard Program has provided adequate public safety resources and
staffs evaluation has determined that All City Management Services continues to meet all the
requirements of the RFP and recommends entering into a one -year agreement amendment.
FISCAL IMPACT
Funds in the amount of $826,783 are available in the Police Department, Traffic Division Other
Contractual Services Account (account no. 01114405 62300).
c
Paul M. Walters
Chief of Police
Police Department
25G -1
APPROVED AS TO FUNDS AND
ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
25G -2
SECOND AMENDMENT TO ADULT CROSSING GUARD AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT, is entered into this day
of , 2011, by and between the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
( "City ") and All City Management Services, Inc. ( "Consultant ").
RECITALS:
A. City and Consultant entered into Agreement #A- 2010 -038, dated March 1, 2010, for
adult crossing guard services, hereinafter referred to as "said Agreement."
B. City and consultant entered into a First Amendment, #A -2010- 038 -001, dated March 1,
2010, amending the compensation from a not -to- exceed amount of $795,450.00, to a not-
to- exceed amount of $826,783.00.
C. The Parties desire to renew the term of said Agreement for an additional one -year period.
NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all
the terms and conditions of said Agreement, except as herein modified, the parties agree as
follows:
1. Section 3, TERM, shall be extended for an additional one -year period to February 29,
2012.
2. 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 the day and year first above written,
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
CITY OF SANTA ANA
DAVID N. REAM
City Manager
25G -3
JOSEPH STRAKA
Acting City Attorney
By:
Melissa M. Crosthwaite
Deputy City Attorney
ALL CITY MANAGEMENT SERVICES, INC.
(Name)
(Title)
25G -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
AGREEMENT AMENDMENTS WITH DMS
FACILITY SERVICES, MASTER
LANDSCAPE AND MERCHANTS
LANDSCAPE FOR LANDSCAPE
MAINTENANCE SERVICES AT CITY
PARKS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 151 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with DMS Facility Services, to provide landscape maintenance services at five
park sites, extending the term for up to four months in an amount not to exceed $92,040,
subject to non - substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with Master Landscape, to provide landscape maintenance services at eight
additional park sites, extending the term for up to four months for an additional $36,077 per
month for a total agreement amount not to exceed $868,500 subject to non - substantive
changes approved by the City Manager and City Attorney.
3. Authorize the City Manager and Clerk of the Council to execute the attached agreement
amendment with Merchants Landscape, to provide landscape maintenance services at
various parks and public facilities, extending the term for up to five months for an additional
$18,762 per month for a total agreement amount not to exceed $913,194, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Parks, Recreation and Community Services Agency ( PRCSA) currently divides the City into
four separate park maintenance districts. Currently, all City parks are maintained by contract
landscape companies. The three proposed agreement amendments will continue landscape
maintenance services in District 1, District 3, and properties maintained under the Public Rec
Facilities agreement, which includes the City's bike trail system, the Regional Transportation
Center and several other City properties. The three proposed agreement amendments will provide
services on a month to month basis through July 31 and allow PRCSA to complete the Request for
Proposal (RFP) process for landscape maintenance in all four park maintenance districts. The
new RFP will include a revised specification designed to continue high quality maintenance in key
service areas while reducing overall costs.
25H -1
Landscape Agreement Amendments
February 22
Page 2
The agreement with DMS Facility Services expires on March 31, 2011. DMS will continue to
maintain District 1 on a month to month basis until the RFP process is completed (approximately
June 30, 2011). Staff recommends extending the DMS agreement for the maintenance of District 1
at a monthly rate of $21,760. This amendment includes funding for up to four months ($87,040)
and a $5,000 contingency for unanticipated work, resulting in a total not to exceed amount of
$92,040.
The agreement with Mariposa Landscape for the maintenance of District 3 expires on March 31,
2011. Mariposa Landscape is not interested in extending their agreement at the current monthly
rate. Staff contacted District 4 contractor Master Landscape and they agreed to add the Mariposa
properties to their agreement at the current monthly rate until the City completes the RFP process.
Both District 3 and District 4 are in the south part of the City. Staff recommends amending the
Master Landscape agreement to take over the maintenance of District 3 on a month to month
basis at a monthly rate of $36,077. This amendment includes funding for up to four months
($144,308) and a $5,000 contingency for unanticipated work. The current agreement amount with
Master Landscape for the maintenance of District 4 is $666,310. An additional $52,882 is included
to cover the month of July, if necessary, to complete the RFP process. The new agreement not to
exceed amount will be $868,500.
The agreement with Vista Del Verde Landscape expires on February 28, 2011. Vista Del Verde is
not interested in extending their agreement at the current monthly rate. Most of the park properties
covered by this agreement are in District 2, which is currently being maintained by Merchants
Landscape. Staff contacted Merchants and they agreed to add the Vista Del Verde properties to
their agreement at the current monthly rate until the City completes the RFP process. Staff
recommends amending the Merchants agreement on a month to month basis at a monthly rate of
$18,762. This amendment includes funding for up to five months ($93,810) and a $5,000
contingency for unanticipated work. The current agreement amount with Merchants for District 2,
including the Civic Center, is $756,351. An additional $58,033 is included to cover the month of
July, if necessary, to complete the RFP process. The new agreement not to exceed amount will be
$913,194.
FISCAL IMPACT
Funds are available in the following contract services accounts (nos. 01113250 62320, 07413250
62320, 06717650 62320, 40718842 62300, and 01114410 62300).
Gerardo Mouet
Executive Director
Parks, Rec. and Comm. Svcs. Agency
APPROVED AS TO FUNDS & ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Mgmt. Services Agency ,�—
25H -2
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 22, 2011,
by and between DMS Facility Services, a California corporation ( "Contractor ") and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ( "City ").
RECITALS:
A. The parties entered into that certain Agreement A- 2010 -027, dated February 16, 2010,
(hereinafter "said Agreement ") by which Contractor has provided park landscape
maintenance services.
B. In order to provide uninterrupted park maintenance services, the parties wish to extend the
term of said Agreement for an additional four month period, and to add compensation to pay
for 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 First Amendment to
Agreement, the parties agree as follows:
1. Section 2, COMPENSATION, shall be amended to increase compensation by 92,040.00, to
pay for the additional services at a monthly rate of $21,760.00 plus a contingency of
$5,000.00 for unanticipated work which may be required during the extended term.
Section 3, TERM, shall be amended to extend the term for a four month period, through July
31, 2011. However, if the City completes its bid process earlier, the City may terminate this
agreement effective June 30, 2011.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement
on the date and year first written above.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
DAVID N. REAM
City Manager
DMS FACILITY SERVICES
(NAME)
(Title)
25H -3
25H -4
FOURTH AMENDMENT TO AGREEMENT
THIS FOURTH AMENDMENT TO AGREEMENT is entered into on February 22,
2011, by and between Master Landscape & Maintenance, Inc., a California corporation
( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ( "City ").
RECITALS:
A. The parties entered into that certain Agreement A- 2007 -140, dated June 18, 2007,
(hereinafter "said Agreement ") by which Contractor has provided park landscape
maintenance services.
B. Said Agreement has been amended by the parties on October 19, 2007, June 8, 2009 and July
1, 2010, to amend the scope of services and extend the term of said maintenance.
C. In order to provide uninterrupted park maintenance services at additional park sites and
public facilities within the city, the parties wish to amend the Scope of Services, add
compensation to pay for the additional services and provide for an extension of the term of
said Agreement to allow City the ability to complete the bid process for landscape
maintenance services.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Fourth Amendment to
Agreement, the parties agree as follows:
1. Section 1, SCOPE OF SERVICES, shall be amended to add a new the following:
"a. Contractor shall perform landscape maintenance services for Santa Ana Parks,
District 4, as set forth in City's Request for Proposal 07 -031, dated April 19, 2007,
incorporated by reference to said Agreement, the Specification for Routine
Maintenance, attached to said Agreement as Exhibit A, as amended by the Third
Amendment to Agreement dated July 1, 2010; and Contractor's Proposal dated May
21, 2007, attached to said Agreement as Exhibit B. Said maintenance includes the
baseball /softball diamond maintenance, which Contractor has subcontracted to Major
League Softball.
b. Contractor shall provide landscape maintenance for City parks and facilities
located within District 3, as set forth in Exhibit A -1, in conformance with the
specifications set forth in Exhibit A -2. Both exhibits are attached hereto and
incorporated by reference."
2. Section 2, COMPENSATION, shall be amended to increase compensation by $113,231.00,
to pay for District 3 maintenance services at a monthly rate of $36,077.00 plus a contingency
of $5,000.00 for unanticipated work which may be required during the extended term. If the
term of said Agreement extends beyond June 30, 2011, as provided in Section 3, below,
compensation shall be amended to provide an additional $76,959.00 ($36,077.00 for
25H -5
maintenance of District 3 plus $88,882.00 for current District 4 site maintenance). The total
amount to be paid pursuant to said Agreement shall not exceed $868,500.00 during the term
of said Agreement.
3. Section 3, TERM, shall be amended to provide for the extension of the term for a one month
period, through July 31, 2011. However, if the City completes its bid process, awards a
contract for landscape maintenance of the parks and facilities which are the subject of this
Agreement prior to June 30, 2011, and provides Contractor written notice of the award, this
Agreement shall terminate effective June 30, 2011.
4. 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 Fourth Amendment to
Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
MASTER LANDSCAPE
AND MAINTENANCE, INC.
(NAME)
(Title)
011161"
Exhibit A -1
District 3 Properties
ROUTINE MAINTENANCE
Park /Site
Acreage
District
District
3
1
Bomo Koral
11.00
3
2
City Yard
4.00
3
3
Delhi
9.00
3
4
Heritage
7.00
3
5
Lillie King
10.00
3
6
Madison
6.00
3
7
Sandpointe Park
7.64
3
8
Santa Anita
5.00
3
59.64
25H -7
�J_ ■_Q��
��
SPECIFICATION FOR ROUTINE MAINTENANCE
I. GENERAL CONDITIONS
A. FUNCTIONS AND RESPONSIBILITIES
1. City Director's Authori
The Director is the only person authorized to direct changes in any of the
requirements under the Agreement and, not withstanding any provisions
contained elsewhere in the Agreement, and said authority remains solely in the
Director. In the event that the Contractor effects any such changes at the direction
of any person other than the Director, the changes will be considered to have been
made without authority and solely at the risk of the Contractor. In addition, the
Director shall have the authority to accept/reject materials, workmanship and to
make changes in work or schedule, not involving extra cost.
When the performance of the work or completion per schedule is determined to
be sub - standard, he may (1) recommend that all or a portion of payment be
withheld, and/or (2) direct the work be accomplished by either City forces or
separate contractor, in order to complete the necessary work as close to schedule
as possible, and withhold the resulting costs. Payment to be withheld shall be
deducted from the next monthly payment due, or if the amount is insufficient to
cover payment, the Contractor shall be liable for said deficiency and will be billed
accordingly.
The Director, or his authorized representative shall decide all questions, which
may arise as to the manner of performance and completion per schedule,
acceptable fulfillment of the Agreement by the Contractor, interpretation of the
specifications, and compensation, including completion of work by alternate
sources.
2. Contractor
a) Local Office
The Contractor shall maintain a physical office within the 714 area code
(local office). The local office shall be open Monday through Friday 8:00
a.m. to 5:00 p.m. with a company representative present at all times.
Answering services or mobile telephones will not be considered a local
office.
Exhibit A -2
b) Submittals
Prior to performing, Contractor shall submit to the Director for approval:
1) a detailed annual, monthly and weekly work schedule; 2) time sheets of
employees assigned to the contract areas; 3) names and titles of all persons
working on the project and their qualifications; 4) and equipment,
materials and/or chemicals to be used on the project. The information
contained in the above referenced documents shall be updated with any
new information as available. The Director shall be immediately notified
of any changes to the above information.
c) Uniforms and Vehicle Identification
The Contractor shall provide to all field personnel a standard uniform
including but not limited to uniform company hats, collared work shirts,
pants, jackets, vests and ANSI approved safety shoes. All uniforms will
be marked with some form of company logo or other form of
identification.
All vehicles and equipment on the project site shall be in operable and
working condition, clean appearance without visible damage, dirt graffiti
etc. In addition, all vehicles shall have the company's name clearly
identified on the right and left side doors.
B. SAFETY REQUIREMENTS
All work performed under this contract shall be completed with maximum safety as
the priority above all other requirements. In the event unsafe work is observed by
City staff or otherwise reported, the Director may at his discretion order Contractor to
stop performing and pay all costs and or damages resulting from the delay.
C. SAFETY NOTIFICATION
If Contractor identifies a potential safety issue, Contractor shall:
Notify the public that potentially unsafe conditions exist by installing yellow
"Caution Tape" and "A" frame barricades or equal substitute around the
condition.
2. Notify the Director of the condition first by phone and then in writing (e -mail is
acceptable) including digital photographs of the potential safety concern if
possible. Once the Contractor has notified the City and the public of the
condition, as specified above, Contractor shall have no further responsibility
regarding the condition.
2
25H -10
D. UNDERGROUND ALERT SYSTEMS
Underground Alert Systems (telephone number 1 -800- 422 -4133) must be notified 48-
hours in advance prior to any excavation work. .
E. PROPERTY DAMAGE
Any damage to private property caused by Contractor shall be immediately reported
to the property owner. Contractors shall pay for any damage caused to private
property in performing this agreement.
F. ACCESS TO PRIVATE PROPERTY
Prior to any work involving private property, the Contractor shall notify the City of
the proposed work and obtain all necessary permits and/or consent required from City
and/or property owner.
G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall protect City and/or private property adjacent to work areas
including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work,
fences, walls, sidewalks, street paving, etc., located on either public or private
property. Contractor shall, at its expense, replace any property that is removed or
damaged, other than property pre - approved for removal.
TRAFFIC CONTROL
The Contractor will not interrupt traffic flow on City streets. In situations where it is
necessary to restrict traffic flow, the Contractor will contact the appropriate City
department and obtain all necessary permits and/or consent from the responsible
public agency.
H. MONTHLY REPORTS
Prior to the first day of each month the Contractor shall submit the following reports:
1) employees daily work schedule by location and crew /task(s); 2) pesticide use
report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation
report; and, 4) "green waste" recycling report.
I. WATER COST
City will gay for water used by Contractor pursuant to this agreement up to a
specified amount detailed in a monthly Estimated Applied Water (EAW) report (see
Attachment 5). Should the amount of water applied exceed the monthly EAW then
the Contractor shall pay the cost of the excess water.
25H -11
II. GROUNDS/LANDSCAPE MAINTENANCE SPECIFICATIONS
A. DEFINITIONS
"Director" shall mean the Executive Director of Parks, Recreation and
Community Services or designated representative.
2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and
may also be referred to as "trimming."
3. "Weed" shall mean any undesirable or misplaced plant.
B. SCOPE OF WORK
It is the intent of this agreement to continually improve the quality of the facilities.
The Contractor shall provide all labor, training, materials, tools, equipment,
transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items
needed to perform high quality grounds/landscape maintenance pursuant to the terms
defined herein. The Contractor shall provide all grounds/landscape maintenance at
work sites listed herein, including, but not limited to pruning/trimming, shaping and
training of trees, shrubs, and ground cover plants, removing and controlling weeds,
controlling plant diseases and pests; mowing turf, edging turf and ground cover;
irrigating plant material; maintaining and repairing irrigation systems; removing trash
and debris; ball diamond maintenance; picnic area maintenance; tot -lot maintenance;
and, other services required to maintain the work sites in a safe, attractive and useable
condition. The Contractor shall maintain all plant material in a healthy and beautiful
condition using the best industry/ horticultural accepted standards for growth, color,
and appearance as determined by the Director.
Scheduling of Work — Contract Start -un
The Contractor shall, within four (4) months after commencement of services,
bring all sites subject to this Agreement to the level set forth in the
specifications as follows:
a) Turf — Aerate and fertilize all turf using Nitra King 19 -4 -4 at one (1) pound
of actual nitrogen at one pound per 1,000 square feet. All weeds shall be
treated using selective post emergent herbicides until weeds are
eradicated. Dallas Grass shall be eradicated using broad spectrum post
emergent herbicide.
b) Shrubs — Fertilize using Nitra King 19 -4 -4 at one (1) pound of actual
nitrogen at one pound per 1,000 square feet. Diagnose and treat all
diseased or unhealthy plants. Prune shrubs. Provide report of
diagnosed/treated plants.
4
25H -12
c) Groundcover — Plant new groundcover every 12" triangular spaced to fill
in bare areas. Fertilize using Nitra King 19 -4 -4 at one (1) pound of actual
nitrogen at one pound per 1,000 square feet.
d) Trees — Prune all trees to specification. Establish tree rings.
e) Irrigation — Perform start-up irrigation system check and repair all heads,
swing joints and lateral lines, raising and adjusting heads/nozzles as
necessary. Provide proposals to perform extra work for valve, main line,
field wire, backflow prevention devices, etc. repairs.
f) Mulch — Install Aguinaga Black Forest mulch size 0" to 1 -1/2" or approved
equal ' /s" thick in all planters, designated tree rings and other designated
areas.
g) Pavement Cleaning — Perform hardscape pressure washing per Section
13.2.9.c of routine maintenance specification.
h) Contractor understands that it is assuming maintenance responsibility of
the parks /locations "as is" and is responsible for improving all aspects of
the parks, irrigation system, hardscape, turf, ground cover, plants and all
other areas to the quality described in these specifications, at no additional
cost to the City, during the four (4) month start -up period.
0 Rebuild pitcher's mounds and batters boxes using Hilltopper by Stabilizer
Solutions for ball diamonds with sport turf infields. Use Ballyard by
Stabilizer Solutions on ball diamonds with skinned infields (with no turf).
Batters boxers shall be 3" thick. Pitchers mounds shall be a 3" thick cap
of material over a compacted the standard infield mix. City will pay a one-
time cost of $1,700 per mound ($5,100 total) the first year only.
Contractor will then maintain mounds/boxes at no additional cost.
2. Scheduling of Work — Routine Maintenance
a) The Contractor shall provide Iandscape maintenance between the hours of
6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be
modified only with the Director's consent. Landscape maintenance that
generates excess noise cannot begin before 8:00 a.m.
b) The Contractor shall establish schedules of "routine work" to be followed
in the performance of this contract. Schedules listing the name and size of
specific crews performing daily, weekly, monthly, annual and periodic
maintenance shall submitted to the Director each month. A copy of these
schedules shall be provided to the Director prior the performance, and any
changes in scheduling shall be reported in writing and subject to the
approval of the Dix=tor. The schedule shall include days of the week and
25H -13
what person/crew will be performing specific work in accordance with the
specification. Each person/crew will be identified and list the number of
employees by job classification. Once the initial schedule of "routine
work" is completed the Contractor shall notify the Director in writing
before any changes are made.
c) The Contractor shall establish a schedule of renovations,
pruning/trimming and other infrequent operations. A copy of this
schedule shall be provided to the Director prior to performance, and any
changes in scheduling shall be reported in writing and subject to the
approval of the Director. Once the initial schedule is completed the
Contractor shall notify the Director in writing before any changes are
made.
Work Force
a) Contractor's supervisory personnel (Supervisors) shall have a combination
of five years experience or education in Ornamental Horticulture,
Landscape Architecture, Irrigation Technology or related science.
Supervisors shall also possess landscape /grounds management skills
required to implement modern methods and newly developed horticultural
and arboriculture procedures and/or practices. Supervisors shall
accompany the Director on weekly inspection tours of the contract sites.
During the tour the Supervisor shall indicate the work completed the
previous week, any changes that were made or are being contemplated
and the work scheduled for the upcoming week and month.
b) The Contractor shall provide a Certified Irrigation Specialist in each
district who possesses, at minimum, a Certificate in "Ornamental
Horticulture Certificate of Proficiency Specialization in Landscape
Irrigation" or holds a current California Landscape Contractors
Association "Certified Landscape Technician" certificate to manage each
sites irrigation systems controller programming, performance and
maintenance including, but not limited to, performing all irrigation
checks /report writing and to perform repairs and/or, modifications to the
irrigation system.
c) The Contractor shall insure that all staff has a minimum of two years of
landscape maintenance experience or education.
d) The Director may request that the Contractor perform additional work or
services to meet the performance standards required by this Agreement.
e) Director may require Contractor to remove any employee from work sites
at his or her discretion.
R,
25H -14
4. Materials
a) The Contractor shall submit to the Director a list of all materials and/or
chemicals that may be used pursuant to the terms of this Agreement. The
list shall include Material Safety Data Sheets and chemical analysis where
applicable, recommended usage and any other manufacturers data that
may be pertinent. The list must be submitted before any
materials /chemicals are used pursuant to this Agreement.
b) The materials and chemicals utilized in furtherance of this Agreement
shall comply with the following standards:
(1) All fertilizers shall be complete, furnishing the required percentage
of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs
and other plants in a healthy and vigorous growing condition.
(2) Pesticides including but not limited to: Insecticides, fungicides,
herbicides, algaecides, avacides, and rodenticides shall be of the
best quality obtainable and available on the market, properly labeled
with guaranteed analysis, and brought to the job site in the
manufacturer's original container.
(3) Tree stakes, tree ties and guy wires shall be of materials matching
those existing at the work site or as specified by the Director.
Recycling
All organic waste (including leaves, grass clippings, brush, branches, and tree
parts) resulting from work performed under this contract shall be disposed of
pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter
16. Organic waste cannot be taken to a landfill. Every month, the Contractor
shall submit receipts from licensed compositors /green waste recycling facilities,
to the Director listing the tons of organic waste recycled and the names and
addresses of the composting or processing companies.
C. ROUTINE MAINTENANCE
Routine maintenance shall include but not be limited to the following services
performed at the Work Sites listed in Exhibit E.
Turf Care
Turf care shall be differentiated by the two types of turf - "Casual Turf' and
"Sport/Priority Turf (see site maps in Attachment 2 that identify the areas for
each type of turf). Note that the ball diamond infield sub - contractor shall
VA
25H -15
perform all maintenance of turf inside the infield arc line. This includes the
infield turf and the foul territory turf
a) Mowing
All "casual" turf (non- spordpriority turf) shall be mowed: 1)
weekly May 1 through October 31 and, 2) every other week
November 1 through April 30. The Contractor shall use a tractor
powered reverse flail mower for the larger open turf areas, a 52"
mower and a small walk behind mower for areas between trees and
other park amenities. The Director shall determine height of cut.
String trimmers are not allowed for mowing turf. Any visible
clippings shall be collected and disposed of pursuant to SAME
Chapter 16.
(1) All "sport/priority" turf as described in Attachment No. 2 shall be
mowed once a week all year. Any visible clippings shall be
collected and disposed of pursuant to SAMC Chapter 16. The
Contractor shall mow the sport/priority turf areas at W to 1" using
a power driven fairway reel mower and a walk behind reel mower
along skinned infield brick dust areas, turf infields, turf infield foul
areas, soccer /football fields, soccer /football out of bound areas.
The Director's Representative shall direct the Contractor to mow
the sport/priority turf lower than' /" to 1" if necessary. Note that
the ball diamond infield maintenance sub - contractor shall be
responsible for mowing turf infields and other designated ball
diamond turf areas. (see Attachment 1).
(2) The Contractor shall maintain mowers that provide a smooth, even
cut without ridges or depressions and without tearing of the leaf
blades (caused by unsharpened mower blades). Mowing shall be
performed at the speed the mowers manufacturer specifies to
maximize quality of cut. Mowing shall be performed with straight
and flowing patterns approved by the Director's Representative.
The emphasis will be on quality mowing vs. speed and
unprofessional pattems. From time to time the Director will direct
the Contractor to change mowing pattern to minimize rutting and
compaction. The Contractor shall mow grasses and broadleaf
plants once per month in the Santiago Park Day Camp (Nature
Reserve) meadow area.
b) Edging, and Detailing
All edging shall be performed with the use of a McClain's edger or
approved substitute. Stick edgers are not allowed. Contractor shall edge
all turf adjacent to all improved hard surfaces such as concrete,
25H -16
decomposed granite, asphalted concrete paved areas. Edging/detailing
shall be performed at the same time mowing occurs. Chemical detailing
of turf may occur with the Director's approval. If chemical detailing is
performed, the Contractor shall use the string trimmer to remove the
treated turf within one (1) week after symptoms of phytotoxicity become
recognizable.
(1) The Contractor shall use the McClain's edger to edge straight lines
along fences, walls, or long flowing arcs. The Director's
Representative may require the Contractor to use string lines to
edge straight lines if the Contractor's staff fails to achieve this
quality without this method.
(2) The Contractor shall detail around trees, along walls /fences and
other park amenities first using a sharpened shovel cut to establish
a concentric round circle around trees, poles, etc. Once the initial
detailed circle is established a string trimmer may be used to
maintain the circle. Should the circle begin to deform the Director
shall direct the Contractor to repeat the detail process.
(3) The Contractor shall detail turf not greater than 10" away from
walls or fences. Detail lines shall be made straight and shall be
maintained straight. The Contractor shall, at his own cost, supply
top soil and an approved turf seed to reduce any existing bare soil
areas along walls /fences that are greater than 10 ".
c) Fertilization
(1) Casual Turf - Contractor shall apply fertilizer four (4) times per
year at a rate specified in the City's Agronomic Plan (see
Attachment 3) with Nitra King 19 -4 -4 during fall - winter and Lesco
39 -0 -0 during spring - summer months.
(2) Sport Turf/Priority - Contractor shall apply fertilizer seven (7)
times per year per the City's Agronomic Plan" (see Attachment 3)
using a complete or approved fertilizer. The rate of application
shall be at a rate specified in the City's Agronomic Plan. The
Director may request proof of fertilizer application in the form of
empty fertilizer bags.
d) Irrigation -all turf
(1) Contractor shall ensure irrigation schedules are constantly
monitored to provide adequate moisture in the soil for healthy turf,
and avoid excess wet conditions.
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25H -17
(2) Contractor shall not schedule irrigation of sports fields at least 24
hours prior to the mowing process. During cooler periods of the
year avoid irrigating 48 hours prior to the mow procedures to
ensure a quality cut of the turf.
(3) Under normal conditions the contractor shall not schedule
irrigation on Friday and Saturday nights to avoid wet conditions
during weekend usage. Prior approval will be required to irrigate
during weekends to coordinate with reservations.
(4) Turf areas shall be watered as required by weather conditions to
provide adequate moisture for optimum growth. At no time shall
turf areas show a lack of green color or a loss of resilience due to
lack of water. If Contractor estimates additional water above and
beyond the monthly Estimated Applied Water (EAW) may be
needed, he /she shall request approval from the Park Service's
Utility Coordinator prior to exceeding the monthly irrigation
budget as detailed in the Monthly Water Conservation Report
Estimated Applied Water (EAW) requirements (see Attachment
5). Failure to get approval from the Park Service's Utility
Coordinator prior to exceeding the monthly irrigation budget will
result in the Contractor to pay for the excess water.
(5) When an irrigation system does not adequately provide water to
the turf area in which it is installed, due to any reason including
but not limited to controller failure, valve failure, broken heads,
poor system design, etc., the Contractor shall provide supplemental
irrigation at no extra cost to the City. The Contractor may use any
reasonable means necessary to uniformly irrigate turf areas.
(6) Should the Contractor not respond to signs of turf stress
immediately, the Director, in his sole discretion, may dispatch his
own staff to remedy the stress and deduct the cost form the
monthly invoice submitted by Contractor.
(7) Automatic irrigation shall be conducted between the hours of
10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed
the EAW. In the event that Contractors water consumption
exceeds the EAW City may deduct said overages from the
Contractor's monthly invoice.
(8) Contractor shall ensure that all staff working on irrigation possess
one of the following certifications:
a. California Landscape Contractor's Certified Landscape
Technician Program
10
b. Fullerton College Certificate of Proficiency in Landscape
Irrigation
c. UC Riverside Certificate in Landscape Irrigation
e) Weed Control -all turf
The Contractor shall keep all turf, casual and sport/priority turf, free of all
turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle
Grass and broadleaf weeds at all times. The Contractor shall, along with
the monthly Pesticide Use report, submit a written schedule for weed
abatement in turf specifying the method, day and location where weed
abatement will be performed. The Director's Representative will review
and approve written schedule taking into consideration the park's use.
(1) Contractor shall apply approved pre - emergent herbicides to all turf
areas in order to control the germination of noxious weeds i.e.
Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis,
etc.
(2) Should turf type or broadleaf weeds germinate, the Contractor shall
control the weeds immediately upon recognition by way of
selective and/or broad - spectrum post emergent herbicides
approved by the Director.
f) Replanting -all turf
(1) Should turf begin to stress for any reason, Contractor shall begin
applying supplemental water and shall overseed these turf areas
using La Prim XD (spring/summer) or Stover Seed Grand Slane
perennial rye (fall/winter) seed at the manufacturer's
recommended rate and process.
(2) Should turf die back to the point where soil is visible, Contractor
shall sod these turf areas using Greg Norman 1 hybrid Bermuda.
(3) The Contractor understands and accepts that at the beginning of the
agreement there may be existing turf areas that are thin or bare.
The Contractor, by entering into the agreement, shall routinely and
at no extra cost to the City, repair thin or bare turf areas by
overseeding or sodding with approved seed or sod until a thick
healthy stand of turf is established.
(4) Contractor also understands and accepts that Santa Ana is a very
heavily used park system, including increased foot traffic, athletic
play, and other uses.
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25H -19
g) Aeration
The Contractor shall aerate all turf areas, casual and sport/priority turf
four (4) times per year in March, June, September, and December. An
aerator that will remove soil plugs and deposit the cores on the surface of
the turf shall perform aeration. Cores shall be pulled to a depth of 5 ".
i) Sport/Priority Turf Renovation
(1) Once (1) per year during the spring/summer or the fall/winter (as
determined by the Director) the Contractor shall renovate
sport/priority turf using:
(a) spring/summer - LaPrima XD seed at six (b) pounds
per 1,000 square feet in bare areas and four (4) pounds per
1,000 square feet where turf exists;
(b) fall/winter — Stover Seed Company Grand Slam see at
eight (8) pounds per 1,000 square feet
This shall be accomplished by mowing the existing turf down to
' /o" followed by verticutting (straight blades) to remove thatch.
Prior to seeding the contractor shall have the irrigation system
functioning properly and have a plan to provide supplemental
irrigation as necessary to germinate the seed to 100 %. The field
shall be top dressed prior to seeding to provide a 100% flat playing
surface.
(2) Once per month after the initial seeding process is completed the
Contractor shall overseed with at a rate of one (1) pound per 1,000
square feet by mowing the existing turf down to 3/4" followed by
verticutting (straight blades) to remove thatch.
(3) The Contractor shall guarantee uniform germination/100%
coverage free of non - germinated areas within three (3) months
from the time the first application of seed or will sod any thin or
bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod
or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been
"cropped over" with perennial rye grass. Director shall determine
sod based on availability /season.
2. Ground Cover Care
a) Edging and Detailing
(1) Ground cover beds shall be maintained within their intended
bounds and edged and/or detailed the first week of every month to
keep the beds looking manicured at all times.
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25H -20
(2) Ground cover shall not encroach into lawns, shrubs, adjacent
desirable bare areas, curbs, wall fixtures, furniture, beneath and/or
into other plants, etc. All sites shall be cleaned following each
edging/detailing, including streets.
b) Mulching � f Bare Areas
In all groundcover areas where bare soil is visible or where the
groundcover is thin so the soil is visible, the Contractor shall apply
Aguinaga Black Forest Floor Mulch or approved equal, size 0" to 1 '' /z ",
%2" thick minimum every other month starting in January during the third
week as necessary to maintain uniform and complete coverage. Mulch is
to be maintained within its boundaries.
c) Fertilization
The Contractor shall fertilize all groundcover areas four (4) times per year
in March, June, September, and December at two (2) pounds of actual
nitrogen per 1,000 square feet using a slow release fertilizer using JTM
Nutrients Complete 8 -2 -4 soil conditioner plus NPK slow release fertilizer
at a rate of eight (8) pounds of actual nitrogen per 1,000 per square feet.
d) Replanting — Premium Plant Material
The Contractor shall plant each year, in any area determined by the
Director, 2" plugs of premium plant species at appropriate spacing so as to
achieve complete coverage once the plant is 2 /3rds mature. The Contractor
shall be responsible for the complete removal and replacement of plants
lost due to normal attrition or due to Contractor's failure to perform under
the terms of this Agreement. City is responsible for cost of replacing
plants lost to vandalism; however, Contractor must prove that it was
vandalism that killed the plant. See Attachment 6 for plant cap.
e) Replanting --- Standard Plant Material
The Contractor shall plant each year, in any area determined by the
Director, 64 count flats of standard plant species at a appropriate spacing
so as to achieve complete coverage once the plant is 2/3rds mature. The
Contractor shall also be responsible for the complete removal and
replacement of plants lost due to normal attrition or due to Contractor's
failure to perform under the terms of this Agreement. City is responsible
for cost of replacing plants lost to vandalism; however, Contractor must
prove that it was vandalism that killed the plant. See Attachment 6 for
plant cap.
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25H -21
Shrub Care
a) Pruning trimming
All shrubs growing in the work areas shall be pruned such that the plants
remain in a healthy growing condition. Plant growth shall be maintained
to prevent overgrowth into passageways, walks, streets, view of signs or
in any manner deemed objectionable by the Director. Dead or damaged
limbs shall be removed so that no projections or stubs remain.
Pruning/trimming shall be done by hand shears or loppers in a manner to
permit plants to grow naturally in accordance with their normal growth
characteristics. "Box hedging" may be required on some shrubs, as set
designated by the Director. Shear hedging or severe pruning/trimming of
plants, unless authorized by the Director, is not permitted. Topping of
plants whose natural growth stems from the base of the plant is not
permitted. Should the Contractor top, shear hedge or severely prune
plants and disfigure or damage the plants, the Contractor shall be
responsible for replacing those plants with like kind and size as and
subject to approval by the Director.
The Contractor may be requested from time to time to raise the bottom of
the shrubs for security reasons.
b) Replanting
The Contractor shall plant each year, in any area determined by the
Director, 1 gallon standard shrubs at an appropriate spacing so as to
achieve complete coverage once the plant is 2 /3rds mature. The Contractor
shall also be responsible for the complete removal and replacement of
plants lost due to normal attrition or due to Contractor's failure to perform
under the terms of this Agreement. City is responsible for cost of
replacing plants lost to vandalism; however, Contractor must prove that it
was vandalism that killed the plant. See Attachment 6 for plant cap.
c) Mulching of Bare Areas
In all shrub areas where bare soil is visible or where the shrub is thin so
the soil is visible, the Contractor shall apply Aguinaga Black Forest Floor
Mulch or approved equal size 0" to 1 ''/i", ''/2" thick minimum every other
month starting in January during the third week as necessary to maintain
uniform and complete coverage. Mulch is to be maintained within its
boundaries.
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25H -22
d) Fertilization
The Contractor shall fertilize all shrub areas four (4) times per year in
March, June, September, and December using JTM Nutrients Complete 8-
2-4 soil conditioner plus NPK slow release fertilizer at a rate of eight (8)
pounds of actual nitrogen per 1,000 square feet.
4. Tree Care
a) Height/Quali1y of pruning
In July and August of each year the Contractor shall routinely Class 1
prune all trees up to a height of fifteen (15) feet. All trees within the
scope of work shall be maintained to keep the natural integrity and shapes
of the trees. Pruning shall be accomplished in a manner that will ensure
that each individual tree is Class I pruned as set forth in the City of Santa
Ana Tree Pruning/trimming and Stump Removal Specifications (see
Attachment 8). In addition, the Director may require the Contractor to
remove or prevent encroachment of trees into the public right of way
where the tree blocks vision or is considered undesirable. Low branches
overhanging sidewalks shall be trimmed to a height of nine (9) feet above
finish grade. Young trees needing pruning /trimming, training, and
shaping to develop caliper and a strong structural framework may have
low branching laterals and or appropriate sucker growth.
b) Staking, Tying and Guying
All trees requiring staking shall be securely staked at all times with stakes
and rubber cinch ties approved by the Director. Rubber hoses and wire
are not permitted ties. All stakes shall be set perpendicular to prevailing
winds unless designated otherwise by the Director. Tree stakes shall also
be set a consistent distance away from the trunk of the tree (minimum six
(6) inches) to reduce abrasion and cell elongation. The tops of all tree
stakes shall be removed approximately three (3) inches above the highest
tie to reduce abrasion of main or lateral branches of the tree.
c) Mulching of Bare Areas
In designated tree ring areas where bare soil is visible the Contractor shall
apply Aguinaga Black Forest Floor Mulch or approved equal size 0" to 1
%s ", '/2" thick minimum every other month starting in January during the
third week as necessary to maintain uniform and complete coverage.
Mulch is to be maintained within its boundaries.
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25H -23
d) Fertilization
(1) Cycad and Palms shall be fertilized two (2) times per year in
March and September with Nutricote 13 -5 -I1 total 3 -stage
controlled release palm fertilizer at the manufacturer's
recommended rate.
e) Hazardous Tree Reporting
In the event the Contractor detects any tree displaying roots heaving or
girdling (either by roots or a foreign material), leaning, broken or hanging
limbs, or if Contractor determines that potential safety hazard may exist
Contractor shall notify the Director by phone within twenty -four (24)
hours.
fl Loss of Trees
The Contractor shall be responsible for the complete removal and
'replacement of any and all trees lost due to the Contractor's failure to
perform under this agreement. Failure to perform includes but is not
limited to, girdling trees with string trimmers or tree ties, improper
planting of new trees, improper pruning/trimming techniques which
disfigure or destroy the trees natural integrity and shape, or failure to
detect and prevent treatable diseases and insect infestations.
All trees that exhibit the signs of disease or any other signs of distress
shall be inspected by a Certified Arborist approved by the Director.
Should the Certified Arborist determine that the tree had a terminal
disease that the Contractor could not have treated or prevented, the
Contractor shall not be responsible to replace the tree. However, should
the Certified Arborist determine that the tree's unhealthy condition or
death could have been prevented had the Contractor treated the tree then
Contractor shall be responsible for the cost of treatment to restore the tree
to a healthy condition or replace the tree. The latest American Shade Tree
Conference guidelines for value determination will determine the value of
the trees lost.
By entering into agreement with the City the Contractor acknowledges
that they accept the condition of each tree and should a tree go into decline
or expire the Contractor agrees to replace the tree with like species and
size or agree that the City shall withhold payment equal to the value of the
tree.
Perennial /Annual Color
16
25H -24
All percnnial/annual color beds shall be maintained and pIanted/rotated four (4)
times per year as detailed in Attachment 4. Annual color is part of the base bid
and not part of the plant cap. For every rotation 150 flats are planted in annual
planting areas.
6. Vine Planting Establishment and Maintenance
a) Plantine
Contractor shall continuously plant throughout the year at its own expense
1 gallon Parthenocissus tricuspidata (Boston Ivy) "vines at 15' on center
along property walls, building walls, and any other park owned walls until
the vines mature and cover the walls. Note that the Contractor shall
irrigate the vines and fertilize as necessary to promote healthy and
vigorous growth. The Contractor will immediately replace any vine at the
Contractor's expense that is lost for any reason including but not limited to
lack of water, vandalism, accidental post emergent spraying, etc. See
Attachment 6 for plant cap.
b) Contractor shall trim the vine once it reaches the top of the wall or at a
specific height on the wall, as determined by the Director. The Contractor
shall keep vines off telephone poles or other non wall surfaces at all times
7. Weeds Disease and Pest Control
a) Weed Control
All hardscape areas shall be kept free of weeds at all times. Weeds shall be
removed by hand and/or approved mechanical or chemical methods.
Director may dispatch City staff to remove weeds that reach two (2) inches
or greater and are not removed immediately. In such instance, the cost will
be deducted from the Contractor's monthly invoice.
b) Disease and Pest Control
(1) The Contractor shall inspect on a daily continuous basis all
landscaped areas (turf, trees, shrubs, ground cover, and annual
color) for presence of disease, insect, rodent infestation or any
other pests. If any pests, such as but not limited to, disease, insect,
algae, birds, animals, such as rabbits, squirrels, or rodent:
infestation (rodents including rats, gophers, moles, voles, etc.) is
discovered, it shall immediately be controlled by the Contractor at
his/her expense using the safest and most expedient method.
17
25H -25
(2) The Contractor is responsible for inspecting all plant material on a
continuous basis and, as necessary, treating plant material to
maintain optimum health of the plants. If any plant material (turf,
groundcover, shrubs, trees) dies without the Contractor diagnosing
the plant and implementing efforts to restore the plant to a healthy
and attractive appearance, the City will assume the Contractor
caused the plant death. Contractor will be required to replace the
plant with like species and size at no extra cost to the City. City is
responsible for cost of replacing plants lost to vandalism; however,
Contractor must prove that it was vandalism that killed the plant.
In the case where turf is lost due to pest damage, the Contractors
shall replace the area of turf lost with Pacific Sod Greg Norman 1
Hybrid Bermuda (during spring/summer) and Pacific Sod Greg
Norman 1 Hybrid Bermuda that has been cropped over with
Perennial Rye grass (during fall /winter).
Irrigation System Maintenance
a) General Res,ponsibilities
(I) Contractor's Certified Irrigation Specialist shall use automatic or
mechanical irrigation systems to irrigate all landscape areas detailed
in this Agreement: In the event the existing irrigation system fails to
provide full and proper coverage, the Contractor shall provide
alternate irrigation with full and proper coverage to all areas in the
work site at no extra cost to the City.
(2) Newly planted trees, shrubs, ground cover and turf shall receive
adequate water to promote normal healthy growth. Proper berms or
basins shall be maintained during plant establishment period.
b) Operation of Automatic Irrigation Controllers
Where the operation of automatic irrigation controllers is required, the
Contractor shall:
(1) Not duplicate any coded City key furnished by the Parks, Recreation
& Community Services Agency for access and operation of the
controller.
(2) Surrender all keys furnished by the Parks, Recreation & Community
Services Agency at the end of the contract period or at any time
deemed necessary by the Director to prevent serious loss to the City
of Santa Ana.
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25H -26
(3) Protect the security of City property by keeping controller cabinet
and building doors locked at all times.
(4) Refrain from using locked premises for storage of materials, supplies
or tools, except as approved by the Director.
(5) Program normal irrigation between the hours of 10:00 p.m. and 4:00
a.m.
c) Water Conservation
(1) The Contractors Certified Irrigation Specialist shall meet once a
month with the Utility Coordinator to review the City's Monthly
Water Conservation Report (see Attachment 5
(2) ) to discuss water conservation strategies. These discussions may
include, but not be limited to, the Contractor turning off irrigation
systems during periods of rainfall and times when suspension of
irrigation is desirable to conserve water while remaining within the
guidelines of the EAW.
(3) When the Utility Coordinator determines that plant material (turf,
groundcover, shrubs, and trees) must be irrigated, all controllers
shall be activated within twenty-four (24) hours. In the event the
controllers are not activated within 24 hours the City may charge
Contractor all staff cost incurred by City to activate controllers.
d) Inspection and Reporting
(1) The Contractor shall physically inspect the operation of all irrigation
systems once a month and prepare a written report specifying park
name, controller location/name, start times, run times, program
name, station number, and repairs needed. The Contractor shall
maintain all sprinkler systems using City standard irrigation products
and details. All repairs shall be to City specifications and details.
Repairs to irrigation heads shall be with matching precipitation
nozzles. Contractor shall ensure that excessive over spray /runoff
into street right -of -ways or other areas not intended to receive
irrigation is controlled. The Contractor shall repair at his own
expense any irrigation head and lateral line rendered inoperable or
malfunctioning due to attrition vandalism, etc.
(2) Contractor shall perform a visual inspection of all irrigated areas
once per week. All areas receiving marginal coverage shall receive
supplemental irrigation by being irrigated by a portable irrigation
method. The contractor shall furnish all portable hoses, nozzles,
sprinklers, etc., necessary to accomplish this additional irrigation.
19
__ 25H -27
Care shall be exercised to prevent a waste of water, erosion, and/or
detrimental seepage into existing underground improvements or
structures.
e) Repairs
The Contractor shall be responsible for repairs to all irrigation heads,
swing joints and lateral lines as a part of this agreement. The Director will
be responsible for repairs to the irrigation system from the valve to the
water meter.
9. Hardscape Maintenance
a) All paved areas, including but not limited to paved parking lots, curb
gutters, pool decks, stamped or other enriched hard surface areas, shall be
thoroughly cleaned once a week between Monday and Friday. Vacuums,
blowers, sweepers or other approved equipment may be used to clean
hardscape areas. Debris shall not be blown or swept onto adjacent streets
or property. All debris must be picked up by the Contractor and removed
from the site. Debris and litter that shall be cleaned includes, but is not
limited to, leaves, twigs, branches, trash, sand gravel, and worn asphalt.
The City shall approve any equipment that is to be used for cleaning
hardscape.
b) Picnic facilities and park benches, including but not limited to picnic
tables, barbecues, benches, concrete pads and shelters shall be
continuously maintained in a safe and clean condition.
c) Pavement cleaning — Contractor shall perform pressure washing monthly to
remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces
including sport courts, sidewalks, picnic pads, paved areas around
buildings, pedestrian crosswalks in streets that are concrete or pavers, etc.
d) Site amenity cleaning --- Contractor shall perform pressure washing of site
amenities, such as but not limited to, picnic tables, park benches, skate
park, walls, planters, raised curbing, railing, exterior of buildings,
overhead shelters, etc.
(1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete
picnic pads, etc.) and park benches shall be cleaned every day
Monday through Sunday to assure that all trash, stains, spills, debris,
glass, staples, nails, tape, wire, etc. is removed.
(2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio
areas, and areas adjacent building entrances shall be cleaned once a
month using high pressure cleaning equipment.
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25H -28
(3) All barbecues shall have ashes, charcoal or any other materials
removed once a week. Following cleaning the Contractor shall paint
the exterior of the b.b.q.'s and the post with heat and rust resistant
flat black paint.
e) All parks with flagpoles shall have an American flag displayed at all
times. The Contractor shall visually inspect the flag every day to assure it
is in good condition. Should, in the opinion of the Director, the flag not
be in good condition (faded, discolored, torn and/or having holes)
Contractor shall immediately request from the Director a new flag.
Contractor shall raise the new flag immediately upon receipt from the
Director.
f) Drinking fountains shall be clean, sanitized and unplugged every day
Monday through Sunday. The Contractor shall use approved germicidal
cleaner and products to assure that drinking fountains are clean and
polished. The Contractor shall remove any mineral build up, algae,
stains, etc. so the drinking fountain is 100% clean and polished. The
Contractor shall achieve this Ievel of quality using a combination of
cleansers, metal polish product, hand and/or power tools. Should the
drinking fountain be so plugged that dismantling the fountain is required
the Contractor shall notify the Director immediately so City staff can
make the repair.
10. Plaveround/Tot -Lot Areas
a) The Contractor shall provide maintenance of all playground/tot -lot sand
and rubberized areas once a week. Maintenance shall include, but not
limited to, loosening of compacted areas, re- grading sand areas to level
condition (eliminating ruts, depressions, build up areas, etc.), sifting of
sand to assure that debris and any other foreign objects are removed,
removal of weeds, removing sand on sidewalks surrounding the
playground/tot -lot, eliminating berms (including pre - existing) in the turf
surrounding the playground/tot -lots (high pressure water blasting or sod
cutting, leveling and re- sodding are approved methods), and trash and
other undesirable material. Rubberized fall areas shall be cleaned of sand
and debris daily. Any sand that accumulates on the rubberized surface
shall be reused. Sand and debris on the playground equipment shall be
removed.
b) The City shall be responsible for all playground equipment and tot -lot
area safety inspections.
21
_ 25K-29 --
11. Ball Diamond Maintenance
The Contractor shall retain a sub - contractor to provide ball diamond infield
maintenance as set forth in Attachment 1. IT IS THE INTENT OF THIS
AGREEMENT THAT THESE FACILITIES BE MAINTAINED SO THAT
PLAYER SAFETY AND THE QUALITY OF PLAY ARE
CONTINUOUSLY ENHANCED.
a) Baseball Perimeter Maintenance
Ball diamond perimeter maintenance shall be performed daily. Ball
diamond perimeter maintenance shall be defined as all areas outside the
field of play and sideline /dugout areas where coaches, players and others
associated with the game gather. Ball diamond perimeter maintenance
areas shall include but is not limited to grandstands, areas around
concession stands, fence lines, warm -up areas, etc. The work that shall be
performed on a daily basis shall include picking up trash and debris,
blowing off areas/hosing down areas using a high pressure nozzle to
remove brick dust, stains and/or any other foreign material, such as
sunflower seeds or peanut shells, so that all areas, including pavement and
landscape areas, are 100% free and clean.
b) Daily Outfield Maintenance
(1) Irrigation checks and repairs to assure that irrigation heads are at the
proper grade to avoid injury to players who may fall on them and
that no "slippery" areas exist.
(2) Fill in of divots and depressions and all uneven areas with #20 white
silica sand, organic compost mixed with LaPrima XD Bermuda grass
seed during the spring/summer and Stover Grand Slam perennial rye
grass seed during the fall winter to re- establish the areas.
(3) Level fence line areas using a rock or leveling rake.
(4) Level and drag warning track areas using nail drag followed by
finishing drag mats. Contractor shall apply new brick dust to fence
lines and warning tracks as necessary to maintain consistent %Z" layer
of brick dust in these areas.
c) Weekly Maintenance
(1) Contractor will then edge the fence lines and warning track to
achieve crisp straight lines and a smooth crisp are where the brick
dust warning track meets the sport turf.
P%
W_._ Y
d) Annual Maintenance
(1) Top dress outfield turf using Aguanaga Santa Ana mix or approved
product. Apply with an approved top dressing machine that will
achieve a level playing surface.
e) Non - recurring maintenance:
During inclement weather the Contractor shall work to reopen baseball
fields as soon as possible. The Contractor shall use Diamond Dry or an
approved equal to warning tracts and fence lines. In addition, the
Contractor shall use hand pumps or any other reasonable method
necessary to drain water off the field.
12. Soccer /Football Field Maintenance
a) All soccer /football fields shall be inspected every day, Monday through
Friday. Contractor shall look for divots, depressions, debris, and other
turf marring conditions. If discovered, the Contractor shall fill in divots
and depressions with #20 white silica sand mixed with LaPrima XD
Bermuda grass seed during the spring/summer and Stovers Grand Slam
perennial rye grass seed during the fall winter to re- establish the areas.
b) Areas of the field where turf has been worn away due to play shall be
raked, dragged and leveled each day to provide a level - playing surface
free of divots, depressions and uneven surfaces. The Contractor shall add
approved topsoil to these areas as necessary to keep the areas level and
safe.
c) Annually, the Contractor shall top dress outfield turf using Aguanaga
Santa Ana mix or approved product. Apply with an approved top
dressing machine that will achieve a level playing surface.
13. Sport Court Maintenance
a) All sport courts shall be blown off daily. Courts and fence lines shall be
completely free of dirt, debris, etc.
b) All sport Courts shall be washed down every other week to remove dust,
gum and stains. The courts shall have water removed immediately
following the washing down.
c) Contractor shall replace tennis and basketball nets when they become
wom. The City shall fiimish nets.
23
25H -31
14. General Maintenance and Clean-up For All Parks and Contracted Sites
a) All trash and debris on the ground or in trash receptacles shall be removed
from all worksites each day Monday through Sunday before 12:00 p.m.
This includes all landscape areas, paved areas, street curb gutters, flood
control channels, etc.
b) The contractor shall rake, hand remove, or vacuum leaves that are not
absorbed by planting. This shall be done as often as required to maintain a
neat appearance.
c) After heavy windstorms or other inclement weather that impacts sites
under this agreement, the Contractor shall bring in extra staff to clean all
parks areas within two (2) days at no cost to the City. Debris, such as but
not limited to, litter, fallen branches, trash, Iimbs, branches, soil erosion,
etc., shall be removed from the worksites.
d) The Contractor shall keep sidewalks and all other paved areas swept and
free of any debris, dirt, glass, weeds, leaves, etc. at all times.
e) Drain inlets shall be checked and if necessary cleaned once per day to
avoid flooding of areas during inclement weather.
15. Other Requirements
a) Work Not Scheduled
The Director may delete a portion of or the entire work site from
contractual maintenance during a construction period or any period where
the Director determines that work cannot be scheduled. The deletion of
this portion of work will be reflected as a reduction in the monthly
payment to the Contractor. The amount of reduction will be based on the
percentage of area involved and agreed upon by the City and the
Contractor in writing.
16. Special Maintenance
a) City of Santa Ana Corporation Yard - The Corporate Yard is the city's
maintenance operation center. In addition to the standard Grounds -
Landscape Specification the following special maintenance shall be
performed.
(I) All trash receptacles shall be emptied daily five (5) days per
week and replaced with new trash liners. The Contractor shall
install trash liners so as not to be seen on the exterior of the
receptacles. The Contractor shall be responsible for replacing
24
25H -32
missing trash receptacle lids and interior waste receptacles
when missing. Lids and interior waste receptacles shall be
provided by the City.
(2) All cigarette ums shall be sifted daily Monday through Friday.
The sand in the cigarette urns shall be fresh and leveled.
Contractor shall replace cigarette um sand with #20 white
silica sand once per month.
17. City Inspection
a) The Director or his designated representative shall regularly inspect
the parks, playgrounds, fields and all other City property subject to this
Agreement. If said inspection results in discovery of work that is not
performed in the manner, and to the professional degree set forth in the
Specifications, Contractor agrees that the City shall deduct from
Contractor's next monthly payment, the City's actual or estimated cost of
performing the work to bring the property into conformance with the
specifications. Additionally, City shall impose liquidated damages of up
to $300.00 per inspection, per park not meeting the specifications during
any such inspection.
III. EXTRA WORK
It is the City's intent to keep parks and other public recreational sites in a beautiful and
exceptionally well maintained condition. It is also the City's intend to continuously improve
parks and public recreational sites until they are the best in the county. It is with these intents in
mind that the Director may consider authorizing extra work.
A. Damage or malfunction to plant material or irrigation system equipment (from valve
to water meter), with the exception of irrigation heads and lateral lines, by any of the
following may be considered outside the scope of this Agreement:
(1) Acts of God
(2) Civil Disorder
(3) Vehicle Collision (excluding Contractor and its employees and subs)
(4) Excavation or re- surfacing of the street
(5) Power failures
(6) Underground wiring damage
Contractor will not be considered responsible for replacement. Contractor must
demonstrate to the satisfaction of Director that one of the above occurred in order to be
excused from performing under the Agreement.
25
25H -33
B. Requests for Extra Work — The Director may request that the Contractor submit
proposals for extra work in order to improve the grounds - landscape in the contract sites.
The Contractor shall submit proposals using the City's Proposal for Extra Work
Spreadsheet (see Attachment 7). The Contractor shall complete the spreadsheet in its
entirety using his/her proposed extra work pricing (that is a part of this agreement) in
order for the proposal to be considered. City reserves the right to requests
materials /equipment receipts with invoices. All Iabor shall be quoted on a "not to
exceed" basis and City will only pay for labor actually incurred.
26
25H -34
ATTACHMENT NO. 1
SUB - CONTRACTOR
BALL DIAMOND IN -FIELD MAINTENANCE
1.0 Scope of Work
1.1 State of California Licensed C -27 Contractor specializing in Ball Diamond In-
Field Maintenance shall provide in -field brick dust maintenance for nine (9)
Baseball/Softball Diamonds per the specifications and conditions listed below:
2.0 Ball Diamond Locations and Quantities/ Types of Diamonds at Each Site
2.1 Delhi Park
2.1.1 One (1) 60' base path Major Little League diamond with skinned
brick dust infield.
2.2 Heritage Park
2.2.1 One (1) 60' base path Girls Softball/Major Little League diamond
with skinned brick dust infield.
2.3 Madison Park
2.3.1 One (1) 60'/90' base path Major Little League diamond with
skinned brick dust infield.
2.3.2 One (1) T -Ball diamond with skinned brick dust infield.
4 Total diamonds at 3 park sites.
3.0 Schedule of Work to be Completed
3.1 Delhi Park: 5 Days per wk, Feb I" to July 150'
3 Day per wk, July 16th to Jan 3Is'
Heritage Park: 3 Days per wk Year round
Madison Park 5 Days per wk, Feb I" to July 15`h
3 Day per wk July 16th to Jan 31"
1
25H -35
4.0 Field Composition Mix (Brick dust) To Be Used When Maintaining In- fields.
4.1 Field In General
4.1.1 When adding field composition mix (brick dust) to any City of
Santa Ana ball field, the specific type of material to be used is:
Pro Gold Infield Mix with stabilizer from Gail Materials (95 1)
279 -1095.
4.2 Pitchers MoundIN -0m P1ateB —as e Path Areas
4.2.1 When adding a mix with a higher clay composition material to any
pitcher's mound/home plate/base -path area, where a sport turf infield exists, the
specific type of material to be used is: Hill Topper Home Plate and Mound Mix
by Stabilizer Solutions.
4.2.2 When adding a mix with a higher clay composition material to any
pitcher's mound/home plate/base -path area, where a skinned infield exists, the
specific type of material to be used is: Ballyard with Stabilizer by Stabilizer
Solutions.
5.0 Equipment
The contractor shall provide and have "on hand" at all times during the brick dust
maintenance operation the following equipment.
5.1 Utility Vehicle
Small tight turn radios (13') vehicle designed especially for this type of work.
This vehicle shall have the capability to make circle and figure eight patterns
completely within the skinned brick dust infield area and not trespass onto
adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and
Daihatsu may be acceptable.
5.2 Drags
5.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area.
The drag shall be made of heavy -duty steel capable of carrying
additional weight (`s). Digging teeth shall be hardened and
pointed and be %" in diameter. Pull chain shall be included.
5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in
the skinned area. The leveling drag and cutting blades shall be
made of galvanized steel. This drag shall feature cutting blades
that are adjustable and capable of cutting down dirt build -up (high
spots) and depositing dirt into holes (low spots) creating a smooth
and level playing surface. Pull chain shall be included.
5.2.3 Grooming or Finish Drag: Used to complete dragging procedure
on a daily basis and lighter /gentle movement of brick dust. This
drag shall be galvanized metal "door -mat" link. Pull chain shall be
included. Drag shall be 6' in length by 6' in width.
5.3 Other Equipment
5.3.1 Hand Tama: 20 lb. variety with 48" min. handle. Used to compact
worn areas around bases, home plate and pitching mound.
5.3.2 Plastic Sheeting _and Duct Tape: Used to wrap hand tamp head and
help prevent wet clay from sticking.
5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall
be made of aluminum, 36" wide and a 6' handle.
5.3.4 Heavy Duly Shovels: Used to move material. Round/Square Point
and Scoop shovels.
5.3.5 Heavy Duty Hose: Used to water down skinned area. Shall be
3/4" to 1" top quality construction with 225 -psi working pressure.
Leaks of any kind are not permitted. Contractor shall have a
minimum of 175' of hose on hand at all times.
5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brick
dust and push excess brick dust off turf edges.
5.3.7 Industrial Push Broom: Used to remove excess brick dust from
turf edges. Shall be 24" min. wide with heavy -duty dual weight
bristles.
5.4 Wet Conditions Equipment" (Add to equipment above)
During periods of inclement weather or when the areas are wet the contractor
shall have "on-hand" during all brick dust maintenance operations the following
items:
5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry
areas or drains. Shall be 24" to 36" wide with neoprene blade and
magnesium/aluminum head.
3
25H -37
5.4.2 "Surer Sopper ": Used to collect standing water in brick dust areas.
Shall be drum type with exterior sponge and arm holding drum.
5.4.3 Diamond or Beckson Pump: Used to remove standing water in
brick dust areas. Shall be plastic with flexible piston and value.
5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing
water in brick dust areas. Sopper shall be geotextile- covered
sponge typical for absorbing chemical spills.
6.0 Meetings
6.1 Contractor shall provide City of Santa Ana staff with a contact person and a
phone number to reach the contact person from the hours of 6:30am — 5:00pm,
Monday — Saturday.
6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site
supervisor ". This site supervisor shall meet with staff one (1) time per week at a
time and place agreed upon by both parties for as long as the contract is in effect
to discuss any problems /concerns that may arise and any goals for the day /week.
6.3 In November of each year for as long as the contract is in effect, Contractor shall
personally meet with staff, along with the designated site supervisor, to discuss
and outline schedules for "Annual Renovations" (listed in Section 10.0).
7.0 Daily Infield Maintenance
7.1 General
7.1.1 Contractor shall remove all litter, broken glass and hazardous
debris from infield and dugout areas.
7.1.2 Contractor shall keep brick dust and dugout areas in a weed free
condition.
7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so
they are 100% free of brick dust or any other debris.
7.2 Maintenance Procedure
7.2.1 Retain smooth and level playing surface, using the following daily
procedure. The contractor shall remove all bases before beginning
any work on in -field and re- install after all work on in -field is
completed.
4
W _._ &PILOT
7.2.2 After removing all bases, the contractor shall scrape /wire brush all
base post anchors and base inserts. This will help facilitate the
base removal and installation.
7.2.3 The Contractor shall rake /shovel loose material from high spots
back into low spots /worn areas on running paths, sliding zones,
and any other low spots /worn areas appearing on the field before
any watering or dragging shall take place
7.3 Home Plate Area/Batters Box Area Holes
7.3.1 Sweep/Rake away all loose brick dust.
7.3.2 Wet area until moist.
7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help
the mix bind better.
7.3.4 In a 5 gallon bucket mix "mound mix" with water to desired
consistency. Do not use infield mix for this purpose.
7.3.5 Backfill "mound -mix" material into hole(`s).
7.3.6 Tamp the area firmly with steel tamp.
Note: The tamp will be most effective if you cover the
bottom with plastic. Tape the plastic to the tamp
handle. The plastic keeps the clay from sticking to
the tamp's bottom.
7.3.7 After tamping and compacting the "mound mix" covers areas with
infield brick dust.
7.4 Pitcher's Mound
7.4.1 Follow same procedure for repair of home plate/batters box area
utilizing dry "mound mix" for this purpose. Do not cover with
infield mix.
7.4.2 Add to the above the following: Rake all loose material from
bottom to top and cover with "Mound Mix ".
7.5 GBrick dustickdust Skinned Infield Areas
7.5.1 After raking/shoveling loose material from high spots back into
low spots/worn areas on running paths, sliding zones, and any
G7 0 bity7•i
other low spots /worn areas appearing on the field, the Contractor
shall fill all remaining low spots with new Gail Materials "Pro
Gold with Stabilizer" brick dust from stock and make level.
7.5.2 The contractor shall clean all excess brick dust beneath or next to
the backstop, dugout chain link fencing and/or infield chain link
fence lines so that the infield brick dust is level with the dugout
pavement and pavement outside the infield.
7.5.3 Lightly water entire infield before dragging.
Note: Watering shall penetrate brick dust to a minimum
depth of 1/8" deep min. This process is crucial to
keeping brick dust in place and not going air borne.
7.5.4 Drag infield utilizing small utility vehicle as specified with
"grooming or finishing drag ". Circular or figure eight drag
patterns shall be used (see details 1 -A & 1 -B). Alternate drag
patterns or reverse direction of drag patterns daily to avoid ruts and
high/low areas. Speed of drag procedure shall not exceed 7 mph.
7.5.5 When dragging the skinned infield, the contractor shall stay away
from all turf edges a minimum of 18 ". This will help in avoiding
lips at brick dust/turf edges. This 18' gap shall also apply to all
backstops and chain link fence areas.
7.5.6 Contractor shall hand rake all base paths on combination turf/brick
dust infields.
7.5.7 When the dragging process is complete, the contractor shall stop
the drag in a different location daily. This will stop the
accumulation of brick dust in focused areas. At this time roll -up
the drag, place it on the vehicle and remove all debris accumulated
in the draiz at this spot and rake out material emptied from drag.
7.5.8 After dragging, hand rake the 18" edges using the "grade or
grooming rake ". The rake shall be held at an angle as to not push
brick dust onto /into turf areas.
7.5.9 After raking the 18" edges, the contractor shall clean all excess
brick dust on the turf edges utilizing a high pressure water one (1)
time per week. NO brick dust shall be permitted on the turf edges
at any time. If in the determination of City staff, an unsafe lip
situation exists (an unsafe lip is %2" or greater) in any turfibrick
dust border area infield to brick dust, base -paths or brick dust to
outfield), contractor will be required to remove or level the soil
0
W_:_MIC
build -up with a sod cutter and re- establish the in -field boundaries
with a string line or suitable method and re -sod up to the border to
remedy the situation at contractors expense. Pre - existing
conditions shall be corrected during contract start -up.
7.6 Final Wateriniz
7.6.1 This is the most time consuming and a very important element of
the procedure.
7.6.2 The contractor shall final water the skinned brick dust to a depth of
'/4" minimum.
8.0 Rainy Weather/Wet Field Procedure
8.1 On the next scheduled working day after a rainfall, the following procedure, in the
order listed, shall be adhered to:
8.1.1 Remove all standing water from low spots either by skimming off
excess water and spreading it out to dry areas or using a
pump /sopper system.
8.1.2 Rake out (scarify) wet areas.
8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brick dust
Materials from stock to all Wet Areas and Rake Out.
9.0 Work to be Completed "BI-MONTHLY"
9.1 To maintain levelness of all fields, contractor shall, once every two months,
scarify drag built up amounts of materials at high spots and cut and level drag the
scarified material to low spots. The Contractor shall fill any remaining low spots
with new Gail Materials "Pro Gold with Stabilizer" brick dust from stock and
make level.
Note: Staff shall identify areas to scarify /cut and level
drag to the contractor at weekly meetings with
contractors appointed site supervisor (as per section
6.2 of contract).
9.2 Heavy water scarified and cut and leveled areas to a %" min. depth and allow
settling in before play on field.
Note: Due to heavy watering and its need to settle before
play, staff shall provide a schedule of bi- monthly
scarify /cut and level drag dates to contractor.
fd
25H -41
10.0 Work to be Completed "ANNUALLY"
10.1 Each year, the following renovation is to be done on all fields in conjunction with
the City's Annual Sports Turf Renovation Schedule. Fields renovated may
change from year to year.
10.1.1 Contractor shall laser grade each ball diamond. Contractor shall
scarify drag built up amounts of materials at high spots and cut and
level drag the scarified material to low spots. The Contractor shall
fill any remaining low spots with new Gail Materials "Pro Gold
with Stabilizer" brick dust from stock and make level.
Note: Staff shall identify areas to scarify /cut and level
drag at the November meeting with contractor's
owner (as per section 6.3 of contract).
10.1.2 Contractor shall verify all base distances, pitching rubber distances
and pitching mound heights per the Little League, Pony /Colt
League specifications for each specific field. Contractor shall
repair any specifications not being met on any field.
In addition, contractor shall install 1/2" new Gail Materials "Pro -
gold with Stabilizer" (brick dust) to in- fields at all diamonds
(minimum 26 tons per Girls Softball/Major Little League Field and
minimum 40 tons per Junior /Senior Little League Field). Also, the
contractor shall install a minimum of I ton of Turface calcite clay
per Girls Softball/Major Little League Field and 2 tons of Turface
calcite clay to Junior /Senior Little League Fields Responsibility for
and purchase of necessary materials shall be at contractor's
expense.
Note: The City has the right to move brick dust and
Turface materials to other infields under this
agreement should they decide that an infield or
infields do not require additional materials a
particular year.
11.0 Work To Be Completed "AS DIRECTED"
11.1 Replace Base ANCHORS as directed. (This will be considered extra work.)
Note: City of Santa Ana use's the Hollywood base
anchoring system. Contractor shall install base
anchors into the ground per manufacturer's
standards. Top of stake shall be approximately 2"
8
25H -42
below the surface grade so that the base sits level
and flush against the surface on all sides.
11.2 Replace Bases as directed. (This will be considered extra work.)
Note: City of Santa Ana shall be responsible for supplying
all necessary base anchors and/or bases to the
contractor as needed.
11.3 Replace or Remove /Level/Re- Install home plates as directed.
11.4 Replace or Remove/Level/Re- Install pitching rubbers as directed.
Note: City of Santa Ana shall be responsible for supplying
all necessary home plates and/or pitching rubbers to
the contractor as needed.
11.5 When given direction to complete "as directed" work, contractor shall complete
the directed work on the next working day.
12.0 Infield Turf Maintenance
12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield
and 36" beyond the infield brick dust skin line /arc. Infield turf shall be mowed
three (3) times per week February August and one (1) time per week September
— January.
I2.1.1 Contractor shall use a "greens" reel mower to provide "putting
green" quality finish cut.
12.1.2 Infield turf shall be cut between %s" and %" per staff's direction.
l 2.1.3 All turf clippings shall be collected and disposed of
12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while
conserving water. Over watering will not be acceptable.
12.2.1 Contractor shall check and program the automatic irrigation
controller minimum one time per week.
12.2.2 Contractor shall provide any areas of the turf supplemental
watering using a garden hose on an as needed basis to assure a
high quality turf infield.
9
25H -43
12.2.3 Infield turf shall be fertilized one (1) time per month February
apply Nitro King 22 -4 -4 and March, April, May, June, July,
August, September apply Turf Supreme 16 -6 -8 at a rate of one (1)
pound of actual nitrogen per 1,000 square feet of turf.
12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical
broadcaster. No hand distribution will be allowed.
12.2.5 Immediately following fertilization the Contractor shall water in
the fertilizer to avoid chemically "burning" the turf.
12.3 Infield turf shall be aerated using a walk behind piston type aerator two (2) tinges
per year, in January and July. All cores shall be removed. Dragging of cores is
not permitted.
12.4 Infield turf shall be kept weed free at all times.
12.4.1 Any grasses other than the original hybrid Bermuda installed in the
infield shall be eradicated immediately upon notice. The
Contractor may choose the method of eradication, however, may
not damage the turf.
12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice.
The Contractor may choose the method of eradication, however,
may not damage the turf
12.5 Infield turf shall be kept free of disease and rodents at all times.
12.5.1 The Contractor shall be responsible for identifying and treating any
diseases or rodents immediately upon notice.
12.6 Infield turf annual renovation
12.7 Each year the infield turf shall be renovated: 1) verticut using the greens reel
mowers straight blade reels; 2) mowed to '' /<" high immediately following
verticutting; 3) overseeded during spring/summer with LaPrima XD Bermuda
Seed at a rate of 8 pounds of seed per 1,000 square feet and fall/winter — Stover
Seed Company Grand Slam seed at eight (8) pounds per 1,000 square feet; and, 4)
top dressed immediately following seeding by Aguinaga Materials using "Santa
Ana Top Dress Mix."
12.8 All infield turf edges including the arc skin line, base paths, pitchers mounds, etc.,
shall be edged one (1) time per week. The edged lines shall be straight and,
where curved lines are required, the arcs will be a true radius.
I0
25H -44
13.0 General Contract Provisions
13.1 Contractor shall provide and is responsible for all equipment necessary to
carry out the work outlined in the contract. There will be no available storage for
equipment. Contractor will be responsible for bringing in and then removing all
equipment necessary to carry out the work outlined in the contract.
25H -45
ATTACHMENT 4
ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION
Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the
form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract
administrator may adjust this if adequate organic matter is already present in the soil but the
successful bidder must be prepared to incorporate this organic matter at every color rotation.
Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2"
of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a
complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher
rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering.
After establishment, fertilize as necessary to maintain a robust appearance and maximum
flowering. After incorporating organic material and other supplements, the beds must be raked
smooth and slightly mounded. Sticks clods and other material must be removed from the bed.
During planting gently crush the root mass with the fingers to stimulate root growth in the
surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a
minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or
slightly higher than it was growing in the container. Smooth out the soil around the plants after
planting, including footprints. Water plants to a depth of 5 inches immediately after planting for
4" plant material (deeper for larger pots).
Plants are to be rotated four times a year and are to be kept disease free and healthy on a
consistent basis. There must be no dead or missing plants at any time and the beds must be kept
in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing
pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be
planted at different times of the year may include but not be limited to the following annual
bedding plants:
• Spring/Summer — April through October 1
Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens,
Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias
Fall/Winter
Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus
Vandalism
Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or
vandalized, the Contractor shall provide the City's representative with a proposal to replace
missing/damaged plants. After the City's Representative signs the proposal, the Contractor shall
then replant/replace missing/damaged plants within 48 hours.
The City's contract administrator shall be the sole judge of whether the above specifications are
met. The contract administrator shall also approve the types and combinations of color bedding
plants prior to installation.
25H -46
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ATTACHMENT 4
ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION
Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form
of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator
may adjust this if adequate organic matter is already present in the soil but the successful bidder must
be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise
25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8"
depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio
of 1:2:1, 1 :1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive
vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to
maintain a robust appearance and maximum flowering. After incorporating organic material and other
supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material
must be removed from the bed.
During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding
soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make
the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it
was growing in the container. Smooth out the soil around the plants after planting, including
footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper
for larger pots).
Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent
basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free
condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must
be in a straight alignment at the time of planting. Plant species that may be planted at different times
of the year may include but not be limited to the following annual bedding plants:
• Spring/Summer — April through October I
Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens,
Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias
Fall/Winter
Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus
Vandalism
Contractor shall check annual color beds daily (Monday through. Friday). If plants are missing
or vandalized, the Contractor shall provide the City's representative with a proposal to replace
missing/damaged plants. After the City's Representative signs the proposal, the Contractor
shall then replant/replace missing/damaged plants within 48 hours.
The City's contract administrator shall be the sole judge of whether the above specifications are
met. The contract administrator shall also approve the types and combinations of color bedding
plants prior to installation.
-- 25 -H-59
MEMORANDUM
ry ft4wvvv Ow q W&V of MV of bYOSS m*o vraff parfos,
A*-- W, MW P10 ft faefft.9 by i—vrdAV
quaff is an abAOSPIRMW of conf haws
i+ngoiewn+ewtwnd � on�Iey� dOwlopn�L
Attachment #5
Acft�tlx'
Park Services Division
Parks, Recreation, and Community Services
Agency
To: Mike Lopez Date: January 09, 2008
From Loren Rossignol
Subject: Monthly Water Management Report For December 2008
Purpose: To improve our water management practices through education and Gschndogy, and to insure ft and responsible use of our water resoumes.
IV
• Page 9
Data recording and methods of collection
Data is recorded by 57 Calsense model ET-1, Ef2000, and 2100 controllers that have flow meters.
The data Is collected by a central computer or is manually downloaded to a laptop computer. All other
sites are recorded by City water meters and manually read.
The data contained in Section if of this report was derived from 12 Calsense 2100
irrigation controllers that utilize moisture sensors.
Savings due to moisture sensing DecemberSAVINGS:
Gallons: 703
Dollars: $ 215
Usage in galons for Calsense sites
PARKS, BIKEWAYS, & PUBLIC FAC.'S
1,358,911
54144.68
MANUAL / TEST & NON CONTROLLER
767 700
$511.49
THORNTON PARK IRRIGATION & LAKE
664,672
$2,027.25
COMBINED USAGE FOR ALL SITES
2,191,283
$6,683.42
December 2008
COMBINED USAGE FOR ALL SITES
4,977,853
$13,873.27
November 2008
Usage in gallons for non -Calsense sites
PARKS
CENTENNIAL PARK & LAKE
1,213,266
492,932
$3,700.43
$1603.44
CIVIC CENTER
NA
NA
BIKEWAYS
NA
to
W_i_��I
V. December 2808 80 2007 calendar month CalSense combined usaueomuarison
YEAR
USAGE
MANIJAUTWUNON
I ETO
PPT.
2008
2,191 283 or $6,683.42
1
167,700 or $511.49
1.67"
3.14"
2007
3,469 520 or $8,677.27
396,468 yr 5991.57
2.17"
0.64"
MAWA: (Ma)imum Applied Water Allowance) The caWated "not to exceed" limit of annual applied water for
a mature landscaped area. MAWA does not consider rainfall.
iEAW, (Eslimated Applied Water) A projection of the amount of water that should be supplied to a landscape
by the irrigation system, as measured by a water meter. In any month when Effective Rainfall is received, it
may substitute for applied water.
Jerry Sarela
Kevin Clark
Juan Garcia
Paul Johnson
File
• Page 2
Richard Ortiz
District IUMERCHANTS
District IVIMASTERS
VISTA DEL VERDE
25H -61
1112=9 December 2008
CALSENSE CONTROLLER
USAGE (Gallons) COMPARISON
'
MAFWI=l
Nom I TOTAL I
0
PROWD -
APPLIED
I NCF
L
L 'A.
I'A-' !
E RIDGE PARK
0
0.86
Boo
0 A L
kL a
48i
4MBUB 1
0.95
18,647
0-
2
$
A0"
C . -A
CY. RD
YARDK
y -
"B"
5,126
-0
-
NA
--- -0
CITY YARD
Y
y
LHI
17,D78
$
33.15
32,w
32.
DELHI ARK
ARK
7K
55
0
0.13
70, 72
70,872
95
TT ST B
D LHI ER
D LWI 'A'
0
11.37 1-
d1b.
97
AL I
DELHI CENT
I CENT
DELH 13.
4,916
$
9.541
�AM
19i
20.819[
34
90
r
GE
TA.E PARK
-8
153% 3
-32.691
-111.64
111,6261
1721
44,6391
LAWN B0VVLIRdG
0
-0-D
22.8 5
44.251
18.902
16.902
531
- TNA
LILLIE KING
8,465
0 8.4661$
16.431
881=
-
88.532U7
3DT
MADISON I�
MADISON PARK
71775
* 7.
I P
_'
]ZINT-01 L$_
15-091
-27,541 -
27.5411
471
ROSITA PAWV�A_-
go-
16.9
, s
0 $
32-95 F__
114,819-
114,8191
ROSITA PARK
0
-2,840
L 712 721$
_IE114
47,853
47.el,53
64
2401
SXN_DPOINTE PARK
50 2,09015
6
5-611
5.6
53,598
5. -1
_5.
53,5981
761
SANTA ANITA PARK
OT-V
INA
NA
- l#VALUEIj
708
1.555
21.00VI
21,889-
32
MEMO
FIORTOLA PARK
a
2,510
11
9911
-0.00
6.80
10,0431 -
10.043
3
23,0211
23.021
35
K
NA
NA
CENTENNIAL "E"
Aj 6
7.07
17.248
17.243
UE
26
C N N L'r
57
-
$
10A7
-
0
DA YOUNGW
"B"
745
6.93
2
2-3.188
23,168
7
36
DAN YOUNG
0'
2.976 A7111 $
5-76
0-
01
DAN YOUNG"C'
110'-245
-34
355 $
0.0
5,516
8,5151
41
81
48
JEROME PARK E.
_110
1,360 1=.394$
2.711
57,028
57,02$
78
JEROME PARK W.
3,745 ,635
31$
_ 7�__
.27
140,537
MEMORIAL PARK "A"
'MEMORIAL
- 9-
91 V-0-02
16,561
PARK "8"
19
191$
0.04
32,339
MEMORIAL PAR
670
3,779 4,4491$
8.64
180,904
S.W. SENIOR CRT-R.
41
205 2521$ '
0.49
26625
28.6251
'
imael
19
I
IN G"120 -
f,.17VUA I --- 61
or
016
INA
E
0
4
E RIDGE PARK
0
0
01--_
01
R ST. BIWE
FL W LL
GREENVILLE BIKE—
FRA11KE
0-
884
$
1.72
5,126
0
71
P NTIC
RE TICE, ��WN
M
--- -0
A
59137
NA
_ R NTIC W
F ICE, AVIARY
0
NA
VVA
TT ST B
0
NAB
AL I
XT-0 PARKING
0
2,312
2,312
S
4.49 2,636
!2'Z7
Kq Fig
SADDLEBACK VIEW
0
114
L S
0.2-2-1
44,6391
44"636
SANTIAGO 85?ff-
01$
- TNA
LNA
I
- TOTALS
90.421
167,70016
360.Sl 1
_iAS-9.6151
1.358. 11
snag
• -
EximedS 10% Of Applied 1z cowouers wt
L.B.C.H. is exempt marstum Sensors
25-H-62-
WATER BUDGET
MAWA - EAW APPLIED COMPARMON
CALENDAR YEAR 2008
SITE
J11L1
FM I
UR
---
I APH
I MAY
WAY
AM
A"'
im
AVG
sw
I OCT
I Im
I DEC
rrA
SAW
448
0
1 550 1
754
917
)37
- 937
1100
1 IC*
1263
958
754
609
408
1 so 5w 963
72M2
38 1
1 1207 155 1526 950 694 183
—
23
.0
HYDIR HCF
APPUM
320
484
5 1
551
7 5
675
7
667
66
7 g
793
910
us
895
732
990
543
36T
294
NAM
uw
323
0
396
543
661
0 263 549
,
723
23
752
752
903
saa
641
393
87
p
HOF
APPLIED
m "-A
E.-m-
818
I-
I
MAM
EAW
NVMOCAP4.HCF
APPLIM
NA
MA I
MA
MA
NA
MA
NA
NA
m
NA
NA
1EAW
307
0
377 1
517
628
642
754
866
852
656
517
349
79
so 1 276 w
1168 961
1176 IOU M 132
21
HYDROCAP MCF
1APPUM
JMW�q�272
369
391
424
SM
6M
397
193
201
227
208
�UAM
92
LAW 0
1APPUED
113 1 155 159
8 --IF 83 156
--,40
280
250
266
246
197
162
Iss
109
105
26 -T
84
4
NVOROCAP.&MIF
MA
wim.91
229
285
1 250
259.
295
1 273
3Q9
355
US
1031
1189
668
304
349
1014
1150
4072
402
1234
234
215
21 5
187
187
782
782
2
725
7
"a
-;W9
184
155
615
$42
453
124
1 47-
416
-110
100
5
333
1-5
NONE---
---kWYDROCAP-5)fCF
10
110
INAW 0
134 1 184 224
13 4
11 118 221
a on 223
-8115
MEMELKOM
HYDROCAP-106Wf
Uj-.�4
1 358-
IMAW 1 4
1APPUED
4
44 749
23
23 342 711
-.L33 73
1 MS 808
919 963
549 562
XYDROCAP6031cr
1AWA
I FAW
IAPPLIED
73
2m
so
26
795
123
96
1000
Sol
Ul
t49
171
1326
1107
636
1 152
208
j3M
1426
$91
179
219
_1590
1477
_LA
205
- 262
ja26
JT73
MA
202
255
1796
1745
NA
. 156
162
am,
1394
ID75
NA
—
123
119
Lvz
1090
72 010
77-A
NA
83
40
-M
736
187
NA N4W
;
66
--1 7
..
589
7
t27
2
HYDROCAP-0-IMF
648
IrAw a
IAMSED
IFAW
HYDROCKP-1&HCF 1AMJED
NAM
_194
0
-
39
L_
23
24
-
327
15e
02
398
342
132
406
406
204
477
443
263
548
523
2M
539
499
—
232
415
310
3
2.23
327
238
237
221 177
59 10
—
IFAW
Wf=OCAP-2LHCF
IFAW
HYDROCAP-IO.MCF 1AMSED
Ir-AW
HYDROCANLROF [APPM
ahwA
MAY*
MAYlA
262
1 0
94
378
1 0
309 424 ma
3077iJ 243 SM
461 532 769
26 327 676
NA
501'' 609
527
774
766
850
623
--
,612
32
395
923 1
892 1
I
T31 1
710
1008
MA -
1DOO
1073
ago
840
M
w
_NA
1043
1043
BUO
an
U22
538
583
583
"A
HA
W3
803
642
SM
636
424 6 229
22
458 76 12
340 M W 12
im
632 427 342
342
476 105 7
-2 F.
30
501 339 1 271 1
0
ffW
20 273 512 --i
7M 126 372
059 sop
_F1 _7
820 807 497 8 M 13
35
35
—srg T
F41
1EAW
-O.HCF JApm
rAwA
244
299
410
498
509
698
667
878
521
:4
277
222
' - �7�4
m7 NA I
142 165
NA I NA NA I
183 las
-AL- "A
223 219 147 101
-L N
-M& NA NA NA MA
56
NA
1001 r.AVV 77 412 3414 7050 8740 9218 9090
Total Applied 3328 4283 5306
6483 5837
Ow
25 H'63
7830 4852 4096 901 154
5550
WATER BUDGET
MAWA - EAW APPLIED COMPARISON CALENDAR YEAR 2008
WiE
MAWA
—
GF8
MAR
APR
MAY
JUN JUL
I M4
SEP
OCT
NOV DEC
EAW
HYDROCAP-0 HCP
APVUeo
30
65
96
168
175
73
NA
NA
HA
NA
NA Na
MAWA
w
RYOROCAP-0 HCF
APViJED
26
23
60
i
88
89
96
81
67
I 55
52 1 9
MEMEL---
NYDROCJM -0HCF
1APPum
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA NA
MAWA
aw
tNA
HYDROCAP.O HO
APPLIED
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA NA
AwA
EwW
45
93
1t2
12
76
52 41
0
6
33
103
113
128
156
76
15 2
HYDROW -6MCF
AFKm
29
99
$
s•
IFAW
MAWA
t12697
HYOROW-0 HCF
APPUeo
19
14
64
158
171
178
221
108
43 40
WnMOCAP-0 W JAPPLVD
MAWA
w
86
0
:_,
106
4
,'�. .
145
27
_ _ :t .
178
81
*
180
91
,° 1H *t'
212
104
100
243
124
39
117
104
84
75
81
145
63
64
98 78
12 1
43 34
MAwA
38
48
64
77
79
93
107
105
W
-0
5
24
72
76
64
103
93
57
48
12 2
HYDROCAP -0NCF APpL1Ep ?y:•'
?_`
5
_":Q6'°'
72
74
97
53
''
.-
NA
NA N11
MA WA
EAw
M.1.1
ROCAP-0 NNA
W
n
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA NA
Total Applied 139 27 6
332.'k W.I.
ow
25p =64
WATER BUDGET
MAWA- EAW APPLIED COMPARISON CALENDAR YEAR 2008
rau +rrcr ,7rcY .7f3/ 0011 0344 3917
Total Applied 55' .•: 4.i2 :` +I 2945 525 55
@'``$7�?k 8339,- ;`.b`c.466:ie':3 ^?c " r
25W =65 .
JAN
rm
MAR
APR
MAY
JUN
JUL
AM SM
OC1'
N0V
DEC
MAWA
79
98
134
163
166
185
224
220 170
734
90
72
eAw
0
0
42
103
139
145
175
172
103
78
6
0
HYDROCAP4O F
APP
{;: :F_:
0
: 207
s•
251
257T
_
302
346
341
..!
262
207` 140.,,
112•
MIgYA 123 151
eAw
0
12
108
225
287
313
370
364
234
178
38
4
HroROCAPaH�
�
'
t
585
223
71f
727
292
1 04
216
M
27T
743
MEMILMAWA
427
sAw
0
38
332
873
837
880
1058
1028 635
472
112
18
NroROCAV_t H�
VWPKJED
6
BOWAN=
1004
MAwA
83
11
157
191
f85
229
2 9
259
200
157
108
p
85
FAw
Q
4
56
130
168
185
218
214
t
107
18
2
N NcF
APaUED
4
6
103
1
34
106
141
8
12
3
j32f
353
434
594
723
739
867
996
980
755
594
402
1
0
22
293
862
8 8
858
1035
994
612
485
97
11
HYOROCAP,=6
2
2
901
884
rAWA
77
95
130
158
162
190
218
2f5
165
130
88
70
6MAf
0
4
43
106
140
153
18i
179
113
87
13
2
HYORl1CAP
APPLIED
.,
2
MAMMA
273
337
462
1 552
575
674
774
762
707
587
462
312
250f
eAW
0
0
218
1 504 1
672
7
647
833
509
376
47
Q
NYOROCAP HCF
ED APPL
t t.,
m—
78
130
159
162
180
219
215
166
130
88
71
EAW
O
8
47
139
157
f80
214
201
191
110
22
3
NYDROCAPA HCF
APPLED
-"-; •
2
=:7
- -
-
182
162
MANN1
242
298
4
498
507
93
683--g72
16
408
27 1
220
EAw
0
0
182
383
301
528
631
621
383
282
51
0
MYDROCAM1i,HCF
APPLJ®
1
108
783
bi- ,-
952
974
1143
1312
1291
_
995
783
529•
,1,
k423
MAMYI► 466 571
EAw
0
t5
247
869
853
905
1091
1052
834
483
48
5
HYDR C HCF
1034
It
LUltr9�
-
MYDROCAP-0,HCF APPLItg
NA
-MA
NA
MA
NA
NA
NA
NA
NA
NA
NA
NA
MAWA
238
289
397
482
493
579
664
854
504
397
266
214
eAw
0
21
228
433
558
582
697
686
425
309
73
10
NYOROPJIRO HCF APPUFD
tip.- !:,
21
832
i11
611
407
Total FAW
-'
..�'
-
rau +rrcr ,7rcY .7f3/ 0011 0344 3917
Total Applied 55' .•: 4.i2 :` +I 2945 525 55
@'``$7�?k 8339,- ;`.b`c.466:ie':3 ^?c " r
25W =65 .
WATER BUDGET
MAWA - EAW APPLIED COMPARISON CALENDAR YEAR 2008
SITE
aA1sA
JAN
290
Fsl
356
NM
488
APR
593
MAY
606
JUN
712
AX
817
WO
804
1, SEP
Bt9
OCT
488
NOV DEC
329 264
EAW
O
14
100
484
608
844
778
749
453
344
45 6
..
0
181
236
NA
MA
NA
NA
NA
NA
NA NA
MAWA
NYDROCAV 1N:E
1088
806
62
NA
743
5512
6820
6799
4027
2971
1904 669
KAWA
NAW
423
579
717
855
884
IM
1192
1173
1 903
711
481 384
609
770
1094
1353
1385
1644
1903
1871
1 1418
1094
670 544
OYDROCAFMANU
APFUM
202
8
NA
684
KA
777
1585
1327
1231
487 4a
rAWA
eAW
380
7
639
778
795
933
1071
10541
812
39
432 348
0
9
58
416
5
627
756
T31
41
325
19 3
NYD1tOGRf .HCF
APPUED
MAWA
e W
0
439
456
678
591
455
358
242 194
13
262
358
436
446
1 523
801
0
22
228
426
549
5th
682
671
414
298
72
11
NPPUGI
AWA
626
0
769
164
420
1281
1309
_
1537
1765
1736
1338
294
1053
.
1053
712
569
0
1 43
380
1035
1262
1357
1643
1
946
743
1i0
15
NYDROCAP 1H:F
EMEWPW
NYDROCAP -* CF
eAW
APR=
0
806
966
726
1399
1411
820
648
70
86
117
i43
146
171
197
194
149
117
79
63
0
20
0
79
B4
224
106
234
'RW
258
317
287
178
149
139
39
8
WAWA
EAW
NYDROCAP -O,HCF
APPLIED
rAVw
466 T
513
746
955
1142
1235
1072
1282
1025
616
5569-
398
EAw
0 j
0
199
842
958
1062
1297
1195
711
5
60
0
HYDX0CAP45 HCF
TMJI PAW
APPUm
- 1 j.
n
61
803
860
1312
_ -
, ....
.:i
586
.:..r "�-' ra ro airs fDD 2HU8 2105 300 37
Total� . .............
APPIEab _.5l6 5t . "8 2916 32176 3728 5163:';. `
"' "m
4 11 a
0 jt
WATER BUDGET
MAWA - EAW APPLIED COMPARISON CALENDAR YEAR 2008
WE
JAN
FEB
MAR
APA MAY
AUG
SEp OCT
UDY'
DEC
EAw
36
40
58
75 49
100
80
64
44
37
39
43
87
100 114
r28173
122
91
73
48
32
HYDROCAPWMCF
APPLED
25
19
38
36 38
52
45
42
29
7
MAWA
eAw
97
119
1&/
198 203
270
208
164
711
88
0
23
89
2S2 281
319
196
165
44
9
Cf
+rte
MAVw
_
"
198 179
192
177
1171
p
FJ1YY
cF
ED
4
0
0
53 41
67
55
50
46
51
21
7
wAVw
Em
W WCAP•t
13
0
0
35 24
26
32
1B
10
29
8
13
MAwA
EAw
10
12
7
20 21
24
28
27
21
17
11
9
0
7
8
17 21
23
27
27
77
113
3
0
MYOWCAP61 CF
APPLED
MAwA
FAw
59
;`, +t
72
99
18 12
11
19
11
125
99
-
67
amn
120 123
Su
165
163
5
22
48
115
280 289
323
393
228
148
63
29
HYOOOOCIIP CF
AMAD
�. "
:ar
90
200 ro r
200
129
4
15
MAwA
EAw
:179
WD
APPLED
80
0
147
73 138
135
167
148
115
711
8t
MAVVA
rAw
65
79
109
132 135
158
182
138
109
73
59
93
118
187
200 211
251
290
266
216
187
102
83
P
[EAW
APPUso
IIAYYA
r-
+
`
•s
:
80
i APALIEO
NA
NA
NA
NA NA
NA
NA
NA
NA
NA
NA
NA
MAVA
EAW
CF AiF—
MAYA
EAW
88
97
141
180 215
233
202
242
193
154
105
75
86
.M
97
S M
169
'IM
300 327
234 ME
325
Aj=
302
T2
332
227
'G
1 185
F
116
i
71
9
WMROCAMAW APPLIED
70
as
131
133 119
20
NA
NA
NA
38
108
7
MIL-WA
iAW
HYORDW1pa,HC/ APPLED
0
0
0
O i 0
0
0
0
0
0
0
0
MAwA
EAw
HCF Arauep
NA
NA
NA
NA NA
NA
NA
NA
NA
NA
NA
NA
AIA1W
EAw
HYDMaCAP o ep APPUED
Total EAW
11
10
32
35 69
67
NA
NA
NA
NA
NA
kA
147 212 448 949 1012 1077 1181 1443 759 624 274_ 141
TotalAppfi@d 350 :.,`'419 521 688 832 198 908 1071 747:;° 117
no
251 67
Estimated Applied Water (EAW) Compared to Applied Water
December 2008
I Mr-0 %*fBUDGET
City Forces
Park Maintenance
APPLIED
106
-10 OF OULFUL I COSTISAVINGS
1. 111. 528 -$3.042.15
BUDGETED
154
City Forces
Civic Center
APPLIED
18
13.464 429-69
BUDGETED
5
Merchants District 11 - Merchants
Park Maintenance —
APPLIED
661
494,428. -$1,384.04
BUDGET
BUDGETED
55
District lV- Masters
Park Maintenance
APPLIED
612
607.376 -$1.770.02
BUDGETED
37
Vista del Verde
Park Maintenance
APPLI ED
117 1
87,51
BUDGETED
a&
25FIF-00
Daily ReDon
Daily Report
Rendered in English Units.
December 1, 2008 - December 31, 2008
Printed on January S. 2009
Irvine - South Coast
12/0112008 0.07 0.00 207
12!02!2008 0.03 0.01 186
12/03/2008 0.05 0.00 246
121002008 O.OS 0.00 217
12!0511008 0.07 0.00 284
17106/2008 0.08 0.00 257
12/07/2008 0.03 0.00 120
121D812OOS 0.04 0.00 160
12/4911008 0.11 0.00 300
12/10/2008 0.09 0.00 295
12111r2008 0.08 0.00 284
12112200B D.04 0.00 160
1VI3/2008 0.04 0.00 127
12/1412008 0.05 0.00 243
121152008 0.01 1.78 R 62
1211812008 0.05 0.13 242
1211712D08 0.01 0.68 R 33
1211812008 0.06 0.18 272
12/1912008 0.06 0.00 274
17/20/2008 D.06 0.00 269
1712112008 0.07 0.00 284
12122/2008 0.01 0.18 80
12/23/2008 0.05 0.00 282
12/24/2008 0.02 0.00 86
12125/2008 0.01 0.18 98
12126!2008 0.07 0.00 291
12!272008 0.06 0.00 290
12128/2008 0.07 0.00 289
12/29/2008 0.07 0.00 290
12/30/2008 0.07 0.00 289
12/312006 ��yy 8g
WIM 0.06 0.00 2,833o
14.3 74.8 48.5 57.1
14.0 81.7 52.0 55.3
13.5 65.0 52.5 57.3
13.4 64.4 51.0 57.5
11.3 73.6 47.0 57.6
9.0 74.2 47.4 61.2
13.6 64.0 52.7 59.2
12.4 62.1 48.3 54.8
5.4 69.3 45.6 59.2
5.3 72.0 45.0 56.7
7.9 725 47.9 57.5
12.0 88.7 47.0 55.5
10.9 60.8 43.5 54.4
8.8 55.3 36.6 46.9
11.4 54.1 47.5 50.4
9.8 57.4 43.0 50.1
8.7 51.7 Y 41.3 48.5
8.5 56.4 39.3 46.9
8.3 56.6 39.6 473
9.2 601 39.2 48.3
6.6 53.5 40.4 50.8
11.5 55.5 44.7 51.9
9.5 56.4 40.7 49.5
9.5 54.7 45.4 51.1
11.7 57.6 40.0 51.6
6.1 55.5 34.1 44.5
4.5 59.8 37.0 47.6
6.5 70.3 38.0 49.6
9.1 72.4 43.5 55.2
9.6 70.7 45.5 55.1
9.8 65.6 39.4 49.2
100
100
95
94
98
77
03
95
92
63
80
93
87
84
98
98
92
98
89
94
90
97
93
89
96
91
73
79
85
87
08
84 90 0= 2.5 s0.7 59.0
79 94 53.6 2.7 64.3 $9.6
as 84 52.6 2.8 67.4 60.5
68 83 52.4 2.5 61.3 60.3
41 70 47.8 2.6 63.4 59.3
25 40 41.8 2.5 59.3 58.7
63 St 53.2 2.6 62.1 58.9
69 86 50.3 3.8 87.7 68.7
12 31 28.8 5.4 130.2 57.3
14 34 28.3 3.0 71.3 56.0
29 49 38.4 2.6 63.3 55.0
53 80 49.3 3.7 85.2 55.4
61 76 48.9 4.8 116 -7 55.9
41 00 33.7 3.0 71.6 $4.5
67 92 48.1 5.7 136.7 52.3
54 79 43.9 2.5 51.1 52.4
88 81 40.8 7.3 Y 175.5 Y 51.7
56 78 40.4 3.5 84.7 49.7
55 75 39.8 3.1 74.0 49.9
58 80 42.4 2.9 70.3 49.6
49 69 41.2 2.9 69.0 49.9
78 86 48.3 5.0 121.6 50.2
57 78 43.1 3.5 84.7 $0.8
83 74 43.3 3.5 84.6 51.0
72 90 48.7 5.9 142.1 50,0
35 61 31.9 3.7 89.7 50.4
22 40 24.5 3.3 78.6 48.9
30 54 33.5 2.5 60.6 48.7
35 61 42.1 2.8 67.0 49.4
39 65 43.5 2.8 62.0 50.3
52 62 44.0 2.1 50.1 49.8
R - Far out of normal range
C or N - Not Collected M - Missing Data S - Not in service
H - Hourly Missing or
lagged Data 1 Q - Related Sensor Missing Y - Moderately out of range
hitP://W%Ywcitnis.water.ca.gov/cirnis/dai]yReport.dofl/512009 3:41:32 PMj
IWO
25HT -69 --
ATTACHMENT 6
Plant Cap
Site
2" Plugs
Shrubs,
1 Gal
Ground
Cover
64 Ct Flt
Vines, 1
Gal
1
Bomo Koral
1,000
100
0
200
2
Delhi Park
1,000
100
0
100
3
Lillie King Park
0
50
0
200
4
Madison Park
500
100
0
200
5
Sandpointe Park
500
100
6
200
6
Heritage Park
500
100
0
200
7
Santa Anita Park
2,000
200
0
200
8
City Yard
500
400
0
0
Subtotal District 3
6,000
1,150
0
1,300
Subtotal District 3
(Revised)
3,000
575
0
650
Note: This plant cap is an annual plant cap for each district. Plants that die
as a result of Contractor's negligence are not applied to this plant cap. Where
Contractor can show that vandalism was the cause of the plants death, City will
assume cost of replacing (excludes vines). City can elect to install plants in
existing bare areas, or new construction areas.
25 -H-70 - -
50%
Standard Plant
Costs
64 Ct.
5 gal
$8.84
Flat $9.95
1 gal
$2.95
Plugs $0.40
Plants costing more than standard plants shall be considered premium. City will
pay only the incremental difference between a standard plant and the premium
pla nt.
25H# -71
26H =72
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a
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w m
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w �
m m
a
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O
O
O p�j
7�C C
N �
� w
�a
n
D
3
3
C
7
E4
N
fD
a
D
w
n
3
w
3
V
ATTACHMENT 8
TREE PRUNING SPECIFICATIONS
1.0 INTRODUCTION
Trees and other woody plants respond in specific and predictable ways to pruning and
other maintenance practices. Careful study of these responses, has Ied to pruning
practices, which best preserve and enhance the beauty, structural integrity, and functional
values of trees.
In an effort to promote practices, which encourage the preservation of tree structure and
health, the following policies have been established. These specifications are presented
as working guidelines, recognizing that trees are individually unique in form and
structure, and that their pruning needs may not always fit strict rules.
1.01 OVERVIEW OF SPECIFICATIONS
Any tree work performed in the City of Santa Ana Park and Recreation Facilities
( SAPRF) must be done according to the SAPRF specifications. There are different
criteria for pruning depending on the purpose for the pruning.
a. Complete Prune Specifications are used when circumstances deem the entire tree
needs to be fully pruned.
b. Safety Prune Specifications require less pruning and are used when specific, possibly
hazardous (dead/dying) limbs need removal to eliminate all safety concerns. Safety
pruning may be recommended in some circumstances instead of a complete prune.
Safety pruning specifications are used for "as needed" pruning as outlined above and
address only safety concerns. Safety pruning includes only the basic requirements
and does not include the fine pruning detail work outlined in a complete prune.
c. Power Line Clearance Prune (PLC) Specifications are used for private tree power
line clearance work and for street tree (PLC) pruning when the tree is pruned
between its periodic complete pruning cycles.
d. Palm Pruning Specifications are used when pruning any type of palm.
All specifications are based on International Society of Arboriculture, National Arborist
Association and American National Standards Institute criteria. This guarantees that
SAPRF trees receive the best possible care.
1.02 GENERAL REQUIREMENTS
The following requirements shall be used during any pruning work to be performed on
SAPRF trees:
a. Proper disposal of A tree debris generated.
b. Assuring good traffic control and minimize disruption of the public.
25H -73
c. Assuring adequate safety of employees and the public.
Prior to starting any tree work on an SAPRF tree, the Contractor must contact an
authorized SAPRF representative. Contact Mike Lopez, Park Services Superintendent at
714/571 -4212 Office or 714/231 -6112 cell phone.
1.03 CERTIFIED ARBORIST
The Contractor shall employee a full -time, permanently certified arborist, as accredited
by the international Society of Arboriculture. This person is responsible for ensuring that
the Contractor's crews are performing work according to SAPRF specifications.
1.04 SPECIFIC TREE PRUNING SPECIFICATIONS
a. All persons performing tree work on SAPRF trees must be trained according to tree
care standards accepted by the International Society of Arboriculture.
b. All persons performing tree work on SAPRF trees in or around primary electrical
lines must be trained to do so according to the "Electrical Safety Orders" of the State
of California, including all amendments and revisions.
c. When tree pruning cuts are made to a side Iimb, such remaining limb must possess a
basal thickness of at least one third (1/3) of the diameter of the wound so affected.
Such cuts shall be considered proper only when such remaining limb is vigorous
enough to maintain adequate foliage to produce wood growth capable of callusing
the pruning cut so affected within a reasonable amount of time.
d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest
possible covering of the wound by natural callus growth. Flush cuts, which produce
large wounds or weaken the tree at the cut, shall not be made. The branch collar
shall not be removed.
e. Tree limbs shall be removed and controlled in such a manner as to cause no damage
to other parts of the tree, or to other plants or property.
f. All tools used on a tree known to contain an infectious tree disease shall be properly
disinfected immediately before and after completing work on such tree. All major
diseases and/or pest problems shall be promptly reported to an authorized SAPRF
representative.
g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in
final cuts with smooth wood surface and secure bark remaining intact. All trees six
(6) inches in diameter or less shall be pruned with hand tools only. Chain saws will
not be permitted on any trees six (6) inches in diameter or less. This is to prevent
any unnecessary abrasions to cambial tissue that may predispose a tree to insect
and/or disease problems.
2
25H -74 -
h. Whenever pruning cuts are to be made, while removing limbs too large to hold
securely in one hand during the cutting operation, the limbs shall be cut off first, one
(1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in
a manner to prevent unnecessary tearing back of the bark and wood. Such cutting
back shall not include the removal of any Iive, healthy limbs in excess of six (6)
inches in diameter without prior approval from an authorized SAPRF representative.
i. No more than twenty five (25) percent of the live wood may be removed from the
crown of any tree, without approval of an authorized SAPRF representative,
excepting live oaks, which are limited to no more than ten (10) percent. Resulting in
keeping as much of the crown of the tree as possible.
j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering
with tree growth shall be removed immediately.
k. Any defective or weakened trees shall be reported to an authorized SAPRF
representative. Specifically, any structural weakness of a tree, decayed trunk or
branches, shall be reported in writing, noting the location of the tree by street address
and a description of the hazard found in the tree.
1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited,
except palms that are more than sixty -five (65) feet in height.
m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be
preserved and protected whenever feasible, unless doing so would create a hazard.
1.05 COMPLETE TREE PRUNING SPECIFICATIONS
Complete tree pruning shall consist of the total removal of dead or living branches that
may threaten the future health, strength and attractiveness of trees. Specifically, trees
shall be pruned in such a manner as to:
a. Prevent branch and foliage interference with requirements of safe public passage.
Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved
surface of the street, fifteen (15) feet above the curb and eight (8) feet above the
surface of a public sidewalk or pedestrian way. Exceptions are allowed for young
trees, which would be irreparably damaged by such pruning action.
b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch
diameter or larger.
c. Remove all broken or loose branches.
d. Remove any live branches, which interfere with the tree's structural strength, and
healthful development, which will include the following:
1) Branches, which rub and abrade a more important branch.
25H -75 --
25H -76
FOURTH AMENDMENT TO AGREEMENT
THIS FOURTH AMENDMENT TO AGREEMENT is entered into on February 22,
2011, by and between Merchants Landscape Services, Inc., a California corporation
( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California ( "City").
RECITALS:
A. The parties entered into that certain Agreement A- 2009 -053, dated May 18, 2009,
(hereinafter "said Agreement ") by which Contractor has provided park landscape
maintenance services.
B. Said Agreement has been amended by the parties on October 5, 2009, November 16, 2009
and July 1, 2010, to add park sites and City facilities for which Contractor is responsible for
landscape maintenance, and to extend the term of said maintenance.
C. In order to provide uninterrupted park maintenance services at additional park sites and
public facilities within the city, the parties wish to amend the Scope of Services, add
compensation to pay for the additional services and provide for an extension of the term of
said Agreement to allow City the ability to complete the bid process for landscape
maintenance services.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all
the terms and conditions of said Agreement, except those amended in this Fourth Amendment to
Agreement, the parties agree as follows:
1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the
following:
"a. Contractor shall perform landscape maintenance services for Santa Ana Parks,
District 2, including the Santa Ana Stadium and Civic Center but excluding El
Salvador Park, as set forth in City's Request for Proposal 09 -006, dated February 27,
2009, incorporated by reference to said Agreement, the Specification for Routine
Maintenance, attached to said Agreement as Exhibit A, as amended by the parties,
and Contractor's Proposal dated April 6, 2009, attached to said Agreement as Exhibit
B. Said maintenance includes the baseball /softball diamond maintenance, which
Contractor has subcontracted to Major League Softball.
b. Contractor shall provide landscape maintenance for bike trails and facilities
located throughout the City, as set forth in Exhibit A -1, in conformance with the
specifications set forth in Exhibit A -2. Both exhibits are attached hereto and
incorporated by reference."
2. Section 2, COMPENSATION, shall be amended to increase compensation by $75,048.00, to
pay for the additional services at a monthly rate of $18,762.00 plus a contingency of
$5,000.00 for unanticipated work which may be required during the extended term. If the
25H -77
term of said Agreement extends beyond June 30, 2011, as provided in Section 3, below,
compensation shall be amended to provide an additional $76,795.00 ($18,762 for
maintenance of the additional bike trails and facilities plus $58,033.00 for current District 2
site maintenance). The total amount to be paid pursuant to said Agreement shall not exceed
$913,194.00 during the term of said Agreement.
3. Section 3, TERM, shall be amended to provide for the extension of the term for a one month
period, through July 31, 2011. However, if the City completes its bid process, awards a
contract for landscape maintenance of the parks and facilities which are the subject of this
Agreement prior to June 30, 2011, and provides written notice of the award, this Agreement
shall terminate effective June 30, 2011.
4. 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 Fourth Amendment to
Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
DMS LANDSCAPE SERVICES
(NAME)
(Title)
WON ft•�
Exhibit A -1
PRF List of Properties
*Includes Alton /Bristol bike trail b/w Flower and Bristol; Alton /Maple bike trail b/w Orange and Main; Central bike
trail b/w Central and Adams; Main St. bike trail b/w Main and Flower; PE bike trail b/w Chestnut and Warner;
Warner bike trail b/w Warner /Central
25H -79
Park /Site
Acreage
Address
1
Newhope Library
0.56
122 North Newhope Street
2
CDA Dowtown Properties
4.33
3
Cheppa's Park
0.40
1009 N. Custer Street
4
Eldridge Park
1.21
2933 N. Fallbrook Dr. Street
5
French Park
0.22
901 N. French Street
6
Saddleback View Park by Patricia Ln.
1.06
631 Patricia Lane Street
7
Sarah Mae Downey Herb Garden on Flower
0.13
2405 N. Flower Street
8
Santiago Creek bike trail extension
1.40
9
Santiago Park bike trail b/w Main and Memory
1.21
10
PE Bike Trail*
11.54
11
CDA Dowtown Properties
0.59
12
Flower Street Bike Trail
2.46
13
Sandpointe Park Paseos
0.64
3700 S. Birch Street
14
Segerstrom Triangle
2.00
1000 W. Hemlock Way Avenue
15
Bear St. bike trail b/w Segerstrom and MacArthur
0.70
16
Gertrude /St. Andrew Bike b/w Forest & Rene
0.05
17
Greenville bike trail b/w Warner and Segerstrom
1.04
18
MacArthur bike trail entrance
0.57
19
McFadden Center
0.48
2627 W. McFadden Ave
20
McFadden Triangle Park
0.82
McFadden /Santa Ana River
21
Raitt St. bike trail b/w Segerstom and Alton
-
0.69
22
Regional Trans. Center /Train Station, Santa Ana
Blvd.
5.25
1000 East Santa Ana Blvd.,
*Includes Alton /Bristol bike trail b/w Flower and Bristol; Alton /Maple bike trail b/w Orange and Main; Central bike
trail b/w Central and Adams; Main St. bike trail b/w Main and Flower; PE bike trail b/w Chestnut and Warner;
Warner bike trail b/w Warner /Central
25H -79
GROUNDSILANDSCAPE MAINTENANCE CONTRACT
SPECIAL PROVISIONS
1. GENERAL_ CONDITIONS
A. FUNCTIONS AND RESPONSIBILITIES
1.
The Executive Director of Parks Recreation and Community Services ("Director') or his Designee
shall accept/reject materials and workmanship, and may make minor changes to the scope of
work and specifications as set forth herein which do not involve extra cost to the Contractor.
2. Contractor
a) 24 -Hour Contact Number
The Contractor shall provide the Director with a telephone number at which a contact
person for the Contractor may be reached 24 hours a day. The contact person shall
be required to respond back to the Director or his representative within 1 hour. The
contact person shall have the appropriate knowledge and/or authority to take
appropriate action in response to any emergency situation that may arise involving
the contractor's responsibilities hereunder.
b) Submittals
Prior to performing the services as provided herein, Contractor shall submit to the
Director for approval: 1) a detailed annual, monthly and weekly work schedule; 2)
names and titles of all persons working on the project; and, 3) lists of equipment,
materials and/or chemicals to be used on the project. The information contained in
the above referenced documents shall be updated with any new information as
available. The Director shall be immediately notified of any changes to the above
information.
c) Uniforms and Vehicle Identification
The Contractor shall provide to all of its field personnel a standard uniform including,
but not limited to, uniform company hats, collared work shirts, pants, and ANSI
approved safety shoes. All uniforms will be marked with some form of company logo
or other form of identification.
All vehicles and equipment on the project site shall be in an operable and working
condition, with a clean appearance without visible damage, dirt, graffiti etc. In
addition, all vehicles shall have the company's name clearly identified on the right
and left side doors.
Exhibit A -2
B. SAFETY REQUIREMENTS
All work performed under this contract shall be completed per federal, state and local laws and
worker safety regulations. In the event that the Contractor's work force is observed by City staff
working unsafely the Director may, at his discretion, require the Contractor to stop performing until
such time as the unsafe working condition is remedied and pay all costs and or damages resulting
from the delay.
C. SAFETY NOTIFICATION
If Contractor identifies a condition which exists on City property that may be unsafe (unsafe shall
mean a condition of park property that has the potential to cause physical harm to a person or
persons or damage to a person's personal property) the Contractor shall:
Notify the public that potentially unsafe conditions exist by installing yellow "Caution
Tape" and A -frame barricades or equal substitute around the condition;
2. Notify the Director of the condition immediately, first by phone and then in writing (e -mail
is acceptable) including digital photographs of the potential safety concern if possible.
Once the Contractor has notified the City and the public of the unsafe condition, as specified above,
Contractor shall have no further responsibility to remedy the condition unless the unsafe condition
was caused by the Contractor. If the unsafe condition was caused by the Contractor, Contractor
should take all steps necessary to protect the public from possible harm or damage from the
condition.
D. LI&EIRGROUND ALERT SYSTEMS
Underground Alert Systems (telephone number 1- 800 - 422 -4133) shall be notified by Contractor 48-
hours in advance of any relevant excavation work by Contractor.
E. PROPERTY DAMAGE
Any damage to private property (real property or personal property) caused by Contractor shall be
immediately reported to the property owner. Contractors shall pay for any damage caused to private
property in performing this Agreement.
F. ACCESS TO PRIVATE PROPERTY
Prior to any work involving access to or upon private property, the Contractor shall notify the City of
the proposed work and obtain all necessary permits and/or consent required from City and /or the
private property owner.
G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall protect City and /or private property adjacent to work areas including sprinkler
systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street
paving, etc., located on either public or private property. Any such property that is removed or
damaged, other than property pre - approved for removal, shall be replaced or repaired at Contractor's
expense.
H. TRAFFIC CONTROL
The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to
restrict traffic flow, the Contractor will contact the appropriate City department and obtain all
necessary permits and/or consent from the responsible public agency.
I. MONTHLY REPORTS
Within the first 10 days of each month the Contractor shall submit a report to 1he Director detailing the
following items from the preceding month: 1) A pesticide use report as required by the Agricultural
Commissioner's Office; 2) An irrigation system failure report listing, by site, system failures and the
method used or proposed to correct the system's failures; and, 3) A recycling report, with
photocopied or attached receipts, evidencing the amount of green waste recycled by Contractor in
performing under this Agreement.
J. WATER COST
City will pay for water used by Contractor pursuant to this agreement up to a specified amount as
detailed in a monthly Estimated Applied Water (EAW) report. Should the amount of water applied
exceed the monthly EAW then the Contractor shalt pay the cost of the excess water.
2. GROUNDS /LANDSCAPE MAINTENANCE SPECIFICATIONS
A. SCOPE OF WORK
The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling,
dumping, fertilizers, pesticides, chemicals and all other items and services needed to perform as set
forth in this Agreement, including all Exhibits. The Contractor shall provide all grounds/landscape
maintenance at the Park locations listed in Attachment 1, including, but not limited to
pruning/trimming, shaping and training of trees, shrubs, and ground cover plants, removing and
controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover;
irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball
diamond maintenance; tot -lot maintenance; and, all other maintenance required to maintain the Park
locations in a safe, attractive and useable condition. The Contractor shall maintain all plant material
in a condition of horticulturally accepted standards for growth, color, and appearance as determined
by the Director.
1. Scheduling of Work
a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and
6:00 p.m. only, Monday through Sunday. These hours of operation may be modified only
with the Director's consent. Landscape maintenance that generates excess noise cannot
begin before 8:00 a.m.
b) The Contractor shall establish a schedule of "routine work" to be followed in the
performance of this contract. A copy of this schedule shall be provided to the Director
upon execution of this Agreement. Any changes in the schedule shall be reported in
writing to the Director.
C) The Contractor shall establish a schedule of renovations, pruning /trimming and other
infrequent operations. A copy of this schedule shall be provided to the Director upon
execution of this Agreement. Any changes in the schedule shall be reported in writing to
the Director.
2. Work Force
a) Contractor's supervisory personnel ( "Supervisors ") shall have at least five years
experience in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or
a related field. Supervisors shall also possess landscape /grounds management skills
required to implement modern methods and newly developed horticultural and
arboricuiture procedures and /or practices. Supervisors may be required to accompany
the Director on weekly inspection tours of the contract Paris sites.
b) The Contractor shall provide Irrigation Specialists who possess, at a minimum, a
Certificate in "Landscape Irrigation" equivalent to the specifications for the Fullerton
College Certificate of Proficiency in Landscape Irrigation as specified in Attachment 4,
hereto, to perform all irrigation checks and to provide direct supervision of repairs and /or,
modifications to the irrigation system.
c) The Contractor shall insure that all staff has a minimum of two years of landscape
maintenance experience.
d) The Director may request that the Contractor perform additional work or services to meet
the performance standards required by this Agreement.
3. Material Safety Data Sheets
a) The Contractor shall submit to the Director a list of all materials and /or chemicals that will
or may be used by Contractor in performing the terms of this Agreement. The list shall
include Material Safety Data Sheets and chemical analysis where applicable,
recommended usage and any other manufacturers data that may be pertinent The list
must be submitted before any materials/chemicals are used pursuant to the this
Agreement.
b) The materials and chemicals described herein shall comply with the following standards:
(1) All fertilizers shall be complete, furnishing the required percentage of nitrogen,
phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a
healthy and vigorous growing condition.
(2) All pesticides, including but not limited to, insecticides, fungicides, herbicides, and
rodenticides, shall be of the best quality obtainable and available on the market,
properly labeled with guaranteed analysis, and brought to the job site in the
manufacturer's original container.
(3) Tree stakes, tree ties and guy wires shall be of materials matching those already
existing at the Park work site or as agreed to by the Director upon inquiry by
Contractor if no such apparatus is currently present at the Park or if in Contractor's
judgment an alternative material should be used.
4. Rec clin
All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting
from work performed under this contract shall be disposed of pursuant to the requirements of
the Santa Ana Municipal Code ("SAMC ") Chapter 16. Except for turf clippings, organic waste
cannot be taken to a landfill. Every month the Contractor shall submit a written report, including
receipts from licensed compositors /green waste recycling facilities, to the Director listing the
quantities of organic waste recycled under this Agreement and the names and addresses of the
composting or processing companies used.
B. ROUTINE MAINTENANCE
Routine maintenance shall include, but not be limited to, the following services performed at the Park
Sites listed in Attachment 1, hereto.
Turf Care
a) Mowing
(1) All turf under this Agreement shall be considered "priority turf'.
(2) All priority turf shall be mowed once a week. Any visible clippings shall be
collected and disposed of pursuant to SAMC Chapter 16. The Director may
require Contractor to mow the sport/priority turf areas lower than other turf areas to
improve aesthetics and/or the playability of the field. Such sport areas would
include baseball and softball diamond infields and outfields and soccer and football
fields.
(3) The Contractor shall maintain mowers so that they to provide a smooth even cut
without ridges or depressions and without tearing of the leaf blades (caused by
unsharpened mower blades).
(4) All turf shall be cut to a height as determined by the Director.
b) Edging and Detailing
All edging shall be performed with the use of a McClain's edger or a like edger approved
by the Director. Contractor shall edge all turf adjacent to all improved surfaces and,
where no improved surface exists, turf edges shall be maintained with string trimmers.
Edging /detailing shall be performed at the same time mowing occurs. Chemical detailing
of turf may occur with the Director's approval. If chemical detailing is performed, the
Contractor shall use the string trimmer to remove the treated turf within one (1) week
after symptoms of phytotoxicity become recognizable.
C) Fertilization /Soil Amending
Contractor shall have the soil in the turf areas tested once per year in January by a soil -
testing laboratory approved by the Director, One soil sample shall be taken at each site
and for every acre of turf. The test will be comprehensive and provide a written report on
the condition of the soil as well as recommendations on how to improve the soil, soil
fertility, and overall health of the turf. After review of the soil reports, the Director may
ask the Contractor to submit proposal(s) to perform soil improvement work at an extra
cost to the City.
d) Irr' ation
(1) Turf areas shall be watered as required by weather conditions to provide adequate
moisture for optimum growth. At no time shall turf areas show a lack of green color
or a loss of resilience due to lack of water. If Contractor estimates that additional
water above and beyond the monthly Maximum Applied Water Allowance (MAWA)
may be needed, he /she shall request approval from the Park Services Utility
Coordinator prior to exceeding the monthly irrigation budget as detailed in the
monthly Maximum Applied Water Allowance (MAWA) report.
(2) When an irrigation system does not adequately provide water to the turf area in
which it is Installed, due to reasons including, but not limited to, controller failure,
valve failure, poor coverage, etc., the Contractor shall provide supplemental
irrigation at no extra cost to the City. The Contractor may use any reasonable
means necessary to uniformly irrigate turf areas.
(3) Should the Contractor not respond to signs of turf stress in a timely manner, the
Director may dispatch his own staff to remedy the stress and deduct the cost of
said efforts from the monthly invoice submitted by Contractor.
(4) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00
a.m. and shall be programmed not to exceed the MAWA. In the event that
Contractor's water consumption exceeds the MAWA City may deduct said
overages from the Contractor's monthly invoice.
e) Weed Control
(1) Contractor shall apply approved pre - emergent herbicides to all turf areas in order
to control the germination of noxious weeds such as Dallis Grass, Goose Grass,
Crab Grass, Nutsedge, Plantain, Oxalis, etc.
(2) Should turf type or broadleaf weeds germinate, the Contractor shall control the
weeds immediately upon recognition by way of selective and/or broad - spectrum
post emergent herbicides approved by the Director.
Replanting
The Contractor shall be responsible for the complete removal and replacement of any
and all turf lost due to the Contractor's failure to perform under this agreement. The
Contractor shall resod and replant turf showing symptoms of severe stress or which
expires for any reason during the course of this agreement.
The Contractor shall re- establish any turf areas not exhibiting lush healthy growth with
Agronotech Ball Diamond Mix 3-A at no extra cost to the City.
2. Ground Cover Care
a) E_ dging and Detailing
(1) Ground cover beds shalt be maintained within their intended bounds and edged
and/or detailed a minimum of every month to keep the beds looking manicured at
all times.
(2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas,
curbs, wall fixtures, furniture, beneath and/or into other plants, etc. All sites shall
be cleaned following each edging /detailing, including streets.
b) Cultivation
All visible bare soil areas shall be cultivated with "3 Prong Cultivators,, every two weeks.
In lieu of cultivation the Contractor may elect to mulch and plant bare soil areas with
plant material approved by the Director.
3. Shrub Care
a) Prunin Arimming
All shrubs growing in the work areas shall be pruned such that to the plants remain in a
healthy growing condition. Plant growth shall be maintained to prevent overgrowth into
passageways, walks, streets and view of signs or in any manner deemed objectionable
by the Director. Dead or damaged limbs shall be removed so that no projections or
stubs remain. Pruning/trimming shall be done in a manner to permit plants to grow
naturally in accordance with their normal growth characteristics. "Box hedging° may be
required on some shrubs, as designated by the Director. Shear hedging or severe
pruning /trimming of plants, unless authorized by the Director, is not permitted. Should
the Contractor shear hedge or severely prune plants and disfigure or damage the plants,
the Contractor shall be responsible to replace those plants with like kind and size as
subject to approval by the Director.
The Contractor may be requested from time to time to raise the bottom of the shrubs for
security reasons.
b) Irrigation
All shrubs shall be properly irrigated to maintain a healthy condition.
c) Re lantin
The contractor shall be responsible for the complete removal and replacement of shrubs
lost due to normal attrition or due to Contractor's failure to perform under the terms of this
Agreement.
4. Tree Care
a) Height/Quality of Pruning
The Contractor shall routinely maintain all trees up to a height of fifteen (15) feet. All
trees within the scope of work shall be maintained to keep the natural integrity and shape
of the trees. Pruning shall be accomplished in a manner that will ensure that each
individual tree is Class I pruned as set forth in the City of Santa Ana Tree
Pruning/Trimming and Stump Removal Specifications attached hereto as Attachment 2.
In addition, the Director may require Contractor to remove, or prevent encroachment of,
trees into the public right of way when the tree blocks vision necessary for safety or is
otherwise considered undesirable. Low branches overhanging sidewalks shall be
trimmed to a height of nine (9) feet above finish grade. Young trees needing
pruning /trimming, training, and /or shaping to develop caliper and a strong structural
framework may have low branching laterals and or appropriate sucker growth.
b) Staking, Typing and Guying
All trees requiring staking shall be securely staked at all times with stakes and rubber
cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All
stakes shall be set perpendicular to prevailing winds unless designated otherwise by the
Director. Tree stakes shall also be set a consistent distance away from the trunk of the
tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree
stakes shall be removed approximately three (3) inches above the highest fie to reduce
abrasion of main or lateral branches of the tree.
c) Irrigation
All trees shall be properly irrigated to maintain a healthy condition.
d) General Requirements
In the event the Contractor detects any tree displaying heaving roots or girdling (either by
roots or a foreign material), or is leaning, or has broken or hanging limbs, or if Contractor
determines that a potential safety hazard may exist, Contractor shall notify the Director of
such condition by phone within twenty -four (24) hours.
e) Failure to Perform
The Contractor shall be responsible for the complete removal and replacement of any
and all trees lost due to the Contractor's failure to perform under this agreement. Failure
to perform includes, but is not limited to, girdling trees with string trimmers or tree ties,
improper planting of new trees, improper pruning /trimming techniques which disfigure or
destroy the trees natural integrity and shape, or failure to detect and prevent treatable
diseases and insect infestations.
Contractor shall have all trees that exhibit signs of disease or any other signs of distress
inspected by a Certified Arborist. Should the Certified Arborist determine that the tree
had a terminal disease that the Contractor could not have treated or prevented, the
Contractor shall not be responsible to replace the tree. However, should the Certified
Arbodst determine that the tree's unhealthy condition or death was caused by Contractor
then Contractor shall be responsible for the cost of treatment to restore the tree to a
healthy condition or to replace the tree. The latest American Shade Tree Conference
guidelines for value determination will determine the value of the trees lost.
5. Annual Color
All areas having existing annual color shall be maintained and rotated four (4) times per year as
detailed in the Annual Color Planting and Maintenance Specification, Attachment 3 hereto.
6. Weeds. Disease and Pest Control
a) Weed Control
All landscape and hardscape areas shall be kept free of weeds at all times. Weeds shall
be removed by hand and/or approved mechanical or chemical methods. Director may
dispatch City staff at Contractor's expense to remove weeds that reach two (2) inches or
greater and have not removed within one (1) week of the Director's request to Contractor
for removal.
b) Disease and Pest Control
(1) The Contractor shall inspect on a weekly basis all landscaped areas (turf, trees,
shrubs, ground cover, and annual color) for presence of disease, insect or rodent
infestation. If any disease, insect or rodent infestation is discovered, and upon
notification to the Director, Contractor shall take appropriate control measures to
resolve the problem.
(2) If any plant material (turf, groundcover, shrubs, trees etc.) dies without the
Contractor's Horticulturist and/or Arborist, as appropriate, diagnosing the plant and
implementing efforts to save the plant, the City will assume the Contractor caused
the plant's death. Contractor will be required to replace the plant with like species
and size at no extra cost to the City.
7. irrigation System Maintenance
a) General Responsibilities
{1) Contractor shall use automatic or mechanical irrigation systems to water the areas
specified in this Agreement. In the event the existing irrigation system fails to
provide full and proper coverage, Contractor shall provide alternate irrigation with
full and proper coverage to all areas in the work site at no extra cost to the City.
(2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to
promote normal healthy growth. Proper berms or basins shall be maintained
during the establishment period.
b) Operation of Automatic Irrigation Controllers
Where the operation of automatic irrigation controllers is required, the Contractor shall:
(1) Not duplicate any coded City key fumished by the Parks, Recreation &
Community Services Agency to Contractor for access and operation of the
controller.
(2) Surrender all keys furnished to the Contractor by the Parks, Recreation &
Community Services Agency at the end of the contract period, or at any time
deemed necessary by the Director to prevent loss to the City of Santa Ana.
(3) Protect the security of City property by keeping controller cabinets and building
doors locked at all times.
(4) Refrain from using locked premises for storage of materials, supplies or tools,
except as approved by the Executive Director.
(5) Program normal irrigation to occur between the hours of 10:00 p.m. and
4:00 a.m.
C) Water Conservation
The contractor shall turn off irrigation systems during periods of rainfall and times when
suspension of irrigation is desirable to conserve water while remaining within the
guidelines of the MAWA.
d) Inspection and Reporting
(1) The Contractor shall physically inspect the operation of all irrigation systems once
a month. The Contractor shall maintain all sprinkler systems in such a way as to
guarantee proper coverage and full working capability. Contractor shall ensure
that excessive over spray /runoff into street right -of -ways or other areas not
intended to receive irrigation is controlled. The Contractor shall repair at his own
expense any irrigation head and lateral line rendered inoperable or which is
malfunctioning due to attrition, vandalism, etc.
(2) Contractor shall perform a visual inspection of all irrigated areas at least once per
week. All areas receiving marginal coverage shall be irrigated by a portable
irrigation method. The contractor shall furnish all hoses, nozzles, sprinklers, etc.,
necessary to accomplish this additional irrigation. Care shall be exercised to
prevent a waste of water, erosion, and /or detrimental seepage into existing
underground improvements or structures.
(3) Contractor shall submit an irrigation report to the Director every month. The report
shall be of the format required by the Director and shall include, but not be limited
to, all system controller locations, the type of controller at each location, the
number of stations at each location and the run times for each station. This report
is in addition to the monthly report on irrigation system failures as required in
section t (i), above.
e) Re airs
The Contractor shall be responsible for repairs to all irrigation heads, swing joints and
lateral lines as a part of this Agreement. The Director will be responsible for repairs to
the irrigation system from the valve to the water meter.
When a portion of an irrigation system, meter to valve, fails to properly operate, the
Contractor shall notify the Director immediately upon Contractor's discovery of the
system's failure. Contractor shall provide supplemental irrigation to the landscape areas
affected by the irrigation system failure to assure that plant material in the affected area
MI continue to thrive. The Director shall, within four (4) days of receiving the above
notice from the Contractor, initiate repairs to the system. Within this four day period the
Director, at his/her discretion, may decide to request from Contractor proposals to repair
the irrigation system, have in -house staff make the repairs, and/or request another
business entity to submit bids for the repair work.
8. Hardscaoe Maintenance
a) All paved areas, including but not limited to paved parking lots, pool decks, stamped or
other enriched hard surface areas, shall be cleaned at least once a week between
Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be
used to clean hardscape areas. Debris shall not be blown or swept onto adjacent streets
or property. All debris must be picked up by the Contractor and removed from the site.
The City must approve any equipment that is to be used for cleaning hardscape.
b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues,
benches, concrete pads and shelters, shall be maintained in a safe and clean condition.
(1) All picnic amenities (picnic tables, barbecues, picnic shelters, concrete picnic pads,
etc.) and park benches shall be cleaned every day Monday through Friday to
assure that all trash, debris, glass, staples, nails, tape, wire, etc. is removed.
(2) All concrete areas beneath picnic amenities, park bench areas, patio areas,
adjacent building entrances shall be hosed down once a month using a garden
hose and high pressure nozzle.
(3) All barbecues shall have ashes, charcoal and any other such materials removed at
least once a week.
c) All park facilities with flagpoles shall have an American flag displayed at all times. The
Contractor shall visually inspect the flag every day to assure it is in good condition.
Should, in the opinion of the Contractor, the flag not be in good condition (faded,
discolored, torn and /or having holes) Contractor shall immediately request from the
Director a new flag. Contractor shall raise the new flag immediately upon receipt from
the Director.
d) Drinking fountains shall be clean, polished, sanitized and unplugged every day Monday
through Friday. The Contractor shall use approved germicidal cleaner and products to
assure that drinking fountains are clean, polished and free of any stains or mineral build
up.
9. Playground/Tot-Lot Areas If Applicable To gqntract.Parksi
a) The Contractor shall provide maintenance of all playground/tot -lot sand and rubberized
areas once each week. Maintenance shall include, but is not limited to, loosening of
compacted areas, re- grading sand areas to level condition (eliminating ruts, depressions,
build up areas, etc.), sifting of sand to assure that debris and any other foreign objects
are removed, and removal of weeds and trash and other undesirable material.
Rubberized fall areas shall be cleaned of sand and debris. Any sand that accumulates
on the rubberized surface shall be reused.
b) The City shall be responsible for all playground equipment and tot -lot area safety
inspections.
10. Ball Diamond Maintenance llf Aoolicable To Contract Parksf
The Contractor shall provide the ball diamond facilities as identified in Attachment 5, hereto,
with the scheduled maintenance as set forth in Attachment 5. IT IS THE INTENT OF THIS
AGREEMENT THAT THE MAINTAINANCE OF THESE FACILITIES ENHANCES PLAYER
SAFETY AND QUALITY OF PLAY.
a) Baseball Field Maintenance
Ball diamond facility maintenance shall include, but is not limited to, trash and debris
(especially sunflower seeds) removal from fields, grandstands, dugouts, around
concession stands, etc.; graffiti eradication /over painting of bleachers, backboards,
fencing, signs, etc.; and the hosing down of stains and spills in paved areas, etc.
b) Daily infield maintenance shall include the following:
(1) Hand level by use of a landscapers leveling rake infield areas where the brickdust
has been displaced by players and /or in normal build up areas. Areas to be
leveled daily are home plate, pitchers mound, all three base areas, shortstop and
second base areas, skin lines (area where the brickdust meets the sport turf) and
areas on the perimeter where the brickdust meets the backstop or fencing bottom
railing.
(2) Hand compact with an asphalt tamper (or other approved tool) areas such as the
batter's box area and the pitchers mound. Contractor shall utilize a hand watering
can and extra clay to sufficiently compact these areas.
(3) Eliminate build up along the skin lines by brooming, blowing or high pressure
hosing any build up of brickdust into the infield.
(4) Infield maintenance shall include watering followed by nail dragging, followed by
metal mat dragging. The Contractor shall develop a pattern (this refers to the
actual pattern of dragging an infield by using a drag mat) of dragging the infields
that levels the field and prevents high or low areas in the infield. Contractor will
take care not to drag close to the skin line and the backstop/fence lines.
(5) Hand drag or broom the skin lines and perimeter backstop /fence areas.
(6) Finish by watering down infield.
c) Daily outfield maintenance shall include:
(1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade
and no "slippery" areas exist.
(2) Fill in of divots and depressions with #20 white silica sand mixed with Lesco Eagle
Blend perennial rye grass seed to re- establish the areas.
d) Weed F Maintenance
The Contractor shall provide ball diamond maintenance as set forth in Attachment 5. At
least once per week the Contractor shall make sure the are line is correct pursuant to the
standard set forth by Director. Contractor will then edge the skin line to achieve a
smooth crisp arc where the brickdust meets the sport turf. Fence lines and warning track
shall also be edged, using a McClain's edger or approved equal, to create crisp straight
lines.
e) Non - recurring maintenance:
During inclement weather the Contractor shall worts to reopen baseball fields as soon as
practicable. The Contractor shall use Diamond Dry or an approved equal material to dry
the infields. In addition, the Contractor may elect to use hand pumps or any other
reasonable method necessary to reopen the fields.
11. Soccer /Football Field Maintenance (if Applicable to Contract Parks)
a) All soccer /football fields shall be inspected every day, Monday through Friday.
Contractor shall look for divots, depressions, debris, and other turf marring conditions. If
discovered, the Contractor shall backfill any divots and depressions with #20 white silica
sand and Lesco "Eagle Blend" perennial rye grass. All debris shall be removed from the
fields daily upon discovery.
b) Dan Young Soccer Complex Field #4 Synthetic Turf sport turf maintenance and
inspection. The field shall be maintained once a month. Maintenance will include
"grooming' the field using "grooming" equipment provided by the City. The field shall be
inspected every day Monday through Friday. Contractor shall remove debris from the
field upon discovery.
12. Sport Court Maintenance (If Applicable to Contract Parks)
All sport courts shall receive maintenance once per week. This maintenance shall include the
collection of debris, the blowing off of courts and the replacement of nets (tennis and
basketball) when necessary due to wear, tear, theft etc. The City shall furnish the replacement
nets.
13. General Maintenance and Clean-up For All Facilities
a) All trash and debris on the ground or in trash receptacles shall be removed from all
worksites each day Monday through Sunday before 1:00PM.
b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by
planting. This shall be done as often as required to maintain a neat appearance or
prevent plants from being smothered by seasonal leaf drop.
c) After heavy windstorms all park areas shall be cleaned of litter, fallen branches, etc.,
which are in excess of normal amounts.
d) The Contractor shall keep sidewalks and paved areas in the medians swept and cleaned
of any debris, weeds, dirt or soil at all times.
e) Drain inlets shall be cleaned on a regular basis at least once per day to avoid flooding of
areas during inclement weather.
14. Other Reauirements
a) Replacement of Plant Material
The Contractor shall replace, at Contractor's own expense, any turf, ground cover,
shrubs, or other plant material requiring replacement through normal attrition or due to
infestation or contractor's failure to provide maintenance in accordance with the
provisions of this agreement. These requirements are not to be construed as requiring
the Contractor to replace plant materials due to conditions beyond the Contractor's
control but are to be considered strictly as a normal maintenance condition within
accepted industry practice. IT IS THE INTENTION OF THE CITY TO REQUIRE HIGH -
LEVEL LANDSCAPE MAINTENANCE.
b) New Construction
In the event of new construction within a portion of a work site, the Director may delete a
portion of or the entire work site from contractual maintenance during the construction
period. The deletion of this portion of work will be reflected as a reduction in the monthly
payment to the Contractor. The amount of reduction will be based on the percentage of
area involved and agreed upon between the City and the Contractor in writing.
15. Special Maintenance Considerations
a) McFadden Technology Center & Newhope Libraries
(1) Parking lots, entrance to buildings and City sidewalks immediately in front of the
Property and all other hardscape surfaces shall be cleaned free of debris and
hosed down with a garden hose and high- pressure nozzle daily.
(2) Trash enclosures shall be cleaned and hosed down with a garden hose and
high - pressure nozzle one time per week.
(3) Vines shall be trimmed at a height to be determined by the Director to prevent
graffiti.
b) P.E. Bike Trail
(1} Contractor shall plant 1- gallon Parthenocissus tricuspidata (Boston Ivy) vines a
long wallsffences at 30' on center the entire bike trail between Chestnut and
Warner Ave. The Contractor agrees to establish these vines after planting and
shall replace any vine that expires during the course of this agreement at no
extra cost to the City.
(2) Warner Ave. to Occidental — The unimproved land immediately adjacent (east) of
the improved bike trail is a part of this agreement. The Contractor shall maintain
all plant material and keep unimproved areas free of weeds, trash and debris.
c) Alton To Bristol Bike Trail
(1) This bike trail has an unimproved portion of property from Flower St. running
west along the bike trail. This property shall be maintained free of weeds, trash
and debris.
d) Regional Transportation Center
(1) Annual Color shall be planted four (4) times annually per Attachment 3 in areas
designated by the Director.
(2) All planting areas shall have cigarette butts removed daily.
(3) All exterior trash receptacles shall be cleaned with a germicidal cleanser daily.
e) Logan Park
{1} Basketball nets shall be replaced immediately by Contractor when tom. Courts
shall be hosed down once per week with a garden hose and high - pressure
nozzle.
3. EXTRA WORK
A. Damage occurring to plant material, or damage or malfunction occurring to irrigation system
equipment (from valve to water meter), with the exception of irrigation heads and lateral lines,
caused by any of the following may be considered outside the scope of this Agreement:
(1) Acts of God
(2) Civic Disorder
(3) Vehicle Collision
(4) Vandals
(5) Excavation or re- surfacing of the street
(6) Power failures
(7) Underground wiring damage
occurred in order to be excused from performing, under the Agreement.
Attachment 1 -A
Routine Maintenance Locations- Additional Details
As provided at the "walk- through" and in Addendum Number I to the Invitation for Bid
05 -112 dated December 20, 2005, the following additional details apply to the below
stated Routine Maintenance Locations:
1. Alton to Bristol Bike Trail. The unimproved area adjacent to the improved bike
trail from Flower St. west approx. 100 yards and the unimproved area from the
fence line north to the railroad tracks. See also attached photographs 298 -299.
2. P.E. Bike Trail. Between Edinger and Occidental, the unimproved area adjacent
to the improved bike trail. See also attached photographs 295 -297.
3. Santiago Bike Trail. The slope area from the top of the trail to the bottom of the
slope where it meets the WPA retaining wall (both sides of bridge). See also
attached photograph 293.
4. Santiago Bike Trail. North of the footbridge, the landscaping on the east and west
sides of the trail. See also attached photograph 294.
ATTACHMENT 2
TREE PRUNING/TRIMMING & STUMP REMOVAL SPECIFICATION
TREE TRIMMING CLASSIFICATIONS
Class I — Fine Pruning /trimming
Fine pruning/trimming shall consist of the removal of dead, dying, diseased, interfering, objectionable, obstructing
and weak branches as well as selective thinning to lessen wind resistance. The removal of such described
branches is to include those on the main trunk, as well as those inside the leaf area.
Class II — Medium Pruning/trimming
Medium pruning/trimming shall consist of the removal of dead, dying, diseased, interfering, objectionable weak
branches on the main trunks as well as those within the leaf areas. An occasional branch up to one inch in
diameter may remain within the main leaf area where it is not practical to remove it.
Additions to the standard specifications: All girdling roots visible to the eye are to be reported to a supervisor
and /or the owner.
Class I II — Coarse Pruning /trimming
Coarse pruning/trimming shall consist of the removal of dead, diseased or obviously weak branches, two inches in
diameter or greater.
Class IV — Cutting Back or Drop Crotch Pruning /trimming
Cutting back or drop crotch pruning/trimming shall consist of the reduction of tops, sides, under branches or
individual limbs. This practice is to be undertaken in cases of utility line interference or where certain portions of
the roots or root systems have been severed or severely damaged, or when it is necessary to reduce the top,
sides, or under branches to achieve overall size reduction.
GENERAL TREE PRUNING/TRIMMING REQUIREMENT
1. All cuts shall be made sufficiently close to the trunk or parent limb, without cutting into the branch collar or
leaving a protruding stub, so that closure can readily start under nominal conditions. Clean cuts shall be
made at all times.
TYPES OF CUTS:
Removal of laterals
A. Shoulder cuts. The final cut in removing a lateral branch should be immediately beyond the
branch bark ridges, preserving the branch collar. Do not make stub cuts (an inch or more beyond
the branch collar). Do not make flush cuts (through the branch collar).
a. Triple cuts. For any branch too large to be held while being cut, remove by means of the
following cuts:
Undercut the branch 4 to 10 inches beyond the base (to prevent splitting or peeling).
Cut off the branch beyond the undercut where necessary, to prevent property damage.
Branches shall be lowered to the ground by ropes and/or proper equipment.
- Remove the remaining stub via a shoulder cut, as described above.
Removal of terminal (tip thinning and drop crotching)
C. Thinning, "Lace out" terminal portions of branches by cutting terminals back to laterals. (The
basal diameter of the remaining lateral should be 1/3 the diameter of the terminal being
removed.) Remove numerous small terminals and laterals rather than take out a few large ones.
D. Size reduction. To take out portions of the crown for reducing height, remove terminals back to
laterals. Each lateral should be suitably situated to serve as the new terminal, thus establishing
the crown at a lower level. The basal diameter of a lateral should be at least 1/3 the basal
diameter of the terminal being removed. (Laterals smaller than this cannot function effectively as
new terminals, and the effect is then similar to a stub cut.)
2. Branches that pose a threat to the health, safety, and welfare of the general public shall be removed. In
addition, branches that disrupt the aesthetic or general integrity of the tree shall be removed. Kinds of
branches to be removed:
A. Obstructing branches. Clear walks, traffic ways, buildings and other man -made structures. Clear
other trees, plants as needed.
B. Dead, broken, diseased or weak branches. (Also stubs left by previous pruners).
C. Crossing branches. This includes potentially crossing branches, also upright shoots (water
sprouts) and vigorous, and interior - directed branches.
D. Narrow crotch -angle branches. For most kinds of trees, branches with a crotch angle narrower
than 30 degrees should be removed.
E. Parallel branches. Branches less than a foot apart, which run parallel for several feet, may
eventually damage each other. The less desirable one should be removed.
F. Wind - breakage risks. Crowns that are too high and /or too dense should be thinned, and
sometimes lowered to suitable laterals. Reducing wind resistance by thinning out many small
branches is safer and better for the tree than taking out several large branches.
G. Branches, which disrupt tree form. Excessively vigorous branches, or those which run against
the general branching pattern, should be trimmed for better balance and shape. (This does not
mean the tree must be made perfectly symmetrical: asymmetry as such can be both attractive
and safe.)
3. On trees known to be diseased, tools are to be disinfected with methyl alcohol at 70% (denatured wood
alcohol diluted appropriately with water) or Clorox solution after each cut and between trees where there
is known to be a danger of transmitting the disease on tools.
4. Old injuries are to be inspected. Those not closing properly and where the callus growth is not already
completely established should be traced where appropriate if desired, for cosmetic purposes, the wound
may be treated with a thin coat of wound dressing.
5. All girdling roots visible to the eye are to be reported to a City supervisor.
6. The presence of any structural weakness, disease conditions, decayed trunk or branches, split crotches
or branches, should be reported in writing to a City supervisor and corrective measures recommended.
7. When pruning /trimming back trees, the contractor shall make all trees shapely and typical of their species.
(tinder no circumstances shall central leader trees have their central leader removed without written
consent from the Superintendent of Parks or his approved representative)
TREE AND STUMP REMOVAL STANDARDS
1. Trees identified for removal are to be cut back and lowered to the ground in sections. Sections shall be
no larger than can be safely controlled. Extreme care must be taken to prevent unsafe working or other
hazardous conditions to individuals, landscape, structures, or obstacles.
2. Trees shall not be stump cut and felled.
3. tree stumps not designated for removal shall be cut flush with the ground.
4. Tree stumps to be removed shall be completely ground to a minimum of twelve inches (12 ") below soil
surface. All surface roots within this zone shall also be removed by grinding.
5. All excavation as a result of this process shall be backfilled exactly level with surrounding soil, completed
and fine graded.
6. Excess debris, trimmings, branches and wood shall be removed from the work site and shall follow as
closely as possible to the removal operation.
7. All areas shall be left clean and free of debris at the close of each day's operation. Work shall not start
before 8:00 a.m. or continue past 6:00 p.m. No work is to be scheduled on weekends or national
holidays.
8. All debris shall be properly disposed of off site and at the contractor's expense.
TERMINOLOGY
BRANCH COLLAR
Wood tissue ridges that form around the base of a branch between the
main stem and the branch usually as a branch begins to die and the
branch collar begins to increase in size.
CALLUS
New growth made by the cambium layer around all of a wound.
CAMBIUM LAYER
Growing point between the bark and sapwood.
CLOSURE
Refers to the roll of the callus growth around the wound area.
THE CUT
The exposed wood area that remains after the branch has been
removed.
CUT BACK/PHONE BACK
Specified reduction of the overall size of the tree or individual branches,
but may include the overall reduction of the sides as well as the top of
the tree.
DORMANT
A condition of non- active growth Deciduous trees is considered to be
dormant from the time the leaves fail until new foliage begins to appear.
GIRDLING ROOTS
Located above or below ground level, whose circular growth around the
base of the trunk or over the individual roots applies pressure to the bard
area, thereby choking or restricting the flow of sap.
LIFTING
The removal of lower branches for under clearance.
PARENT STEM
The main trunk system of the tree.
PRECUT OR PRECUTTING
The removal of the branch at least beyond the finished cut
to prevent it from splitting into the parent stem or branch.
PRUNINGITRIMMING
The removal of dead, dying, diseased live interfering, objectionable and
weak branches in a scientific manner.
SAP FLOW
The definite course assumed by sap in its movement through a tree.
SCARS OR INJURIES
Natural or man -made lesions of the bark in which wood is exposed.
SUCKERS
Abnormal growth of small branches usually not following the general
pattern of the tree.
THINNING OUT
The removal of live branches to reduce wind resistance and to create
more space.
TOPPING
Means the same as cut back.
TRACING
Careful cutting of the bark along the lines of sap flow to encourage
closure and to be the outline of the wound area.
TRIMMING
The same as pruning /trimming.
ATTACHMENT 3
ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION
Annual Color Planting and Care
Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified
redwood must be incorporated to a dept of 8" of the topsoil. The contract administrator may adjust this if
adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate
this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots
will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as
a complete low nitrogen material with a ratio of 1:2:1, 1:1:1,1:2:2 or similar. Do not use a higher rate of nitrogen
as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as
necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and
other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must
be removed from the bed.
During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin
planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger
than the root ball and set the plant at the same depth or slightly higher than it was growing in the container.
Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches
immediately after planting for 4" plant material (deeper for larger pots).
Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis.
There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants
will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at
the time of planting. Plant species that may be planted at different times of the year may include but not be limited
to the following annual bedding plants:
• Spring /Summer — April through October 1
Alyssum, Lobelia, Salvia, Mangold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias,
Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias, Marigolds
• Fall/Winter
Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Renunculus
Vandalism
Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or
vandalized, the Contractor shall provide the City's representative with a proposal to replace
missing /damaged plants. After the City's Representative signs the proposal, the Contractor shall then
replant/replace missingidamaged plants within 48 hours.
The City's contract administrator shall be the sole judge of whether the above specifications are met. The
contract administrator shall also approve the types and combinations of color bedding plants prior to
installation.
ATTACHMENT 4
FULLERTON COLLEGE HORTICULTURE DEPARTMENT
CERTIFICATE OF PROFICIENCY INLANDSCAPE IRRIGATION
The Landscape Irrigation Certificate requires not less than 30 units. This includes 18 units of required courses, at
least 6 units of Restricted Electives A and at least 6 units from either Restricted Electives A or Restricted Electives
B.
REQUIRED COURSES
Course # Course Name Uni
153 Landscape Irrigation 3
154 Irrigation Design 3
155 Soils 3
157 Irrigation Principles 3
162 Landscaping ford ry Climates 3
218 Landscape Hydraulics 3
RESTRICTED ELECTIVES A
Course #
Course Name
Units
A100
Architectural Drafting
3
C06
Intro to Residential Electrical & Plumbing Systems
2
CG10110r 100
Computer Graphics
3
177
Turf grass Management
3
200
Landscape Design
3
219
CAD Application in Horticulture
3
RESTRICTED ELECTIVES B
Course #
Course Name
Units
165
Landscape Management
4
168
Landscape Construction
3
169L
Landscape Construction Lab
1
170
Landscape Contracting
3
201
Advanced Landscape Design
3
25H -104
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
MEASURE M COMPREHENSIVE
TRANSPORTATION FUNDING
PROGRAM — GRANT APPLICATIONS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 I Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit
projects for funding consideration under the Measure M Comprehensive Transportation
Funding Program.
2. Direct staff to amend the seven -year Capital Improvement Program to incorporate the
Comprehensive Transportation Funding Program projects list.
DISCUSSION
The Orange County Transportation Authority (OCTA) has issued a call for projects under the
Measure M Comprehensive Transportation Funding Program for FY 11/12 through FY 13/14.
Funding in the amount of $56 million is available countywide in three funding program areas. The
programs designated for funding are: Arterial Capacity Enhancement (ACE), Intersection Capacity
Enhancement (ICE), and Freeway Arterial /Streets Transition (FAST).
The City of Santa Ana will be submitting four applications totaling $20.73 million in grant fund
requests. The City will utilize existing and future local funds and federal grants to provide the
required matching funds for the subject requested projects.
Staff is requesting authorization for the following projects, listed by funding program and fiscal
year(s):
RECOMMENDED PROJECTS
Bristol Street Widening: 3rd to Civic Center
Bristol Street Widening: Civic Center to 17th
Grand Avenue Widening: 1St to 4th
Grand & Edinger Intersection
Total
PROGRAM
GRANT AMOUNT
FY
ACE
$6.33 Million
11/12
ACE
$12.61 Million
11/12 -13/14
ACE
$1.00 Million
12/13
ICE
$0.79 Million
13/14
55B -1
$20.73 Million
Measure M Comprehensive Transportation
Funding Program — Grant Applications
February 22, 2011
Page 2 of 2
To evaluate these funding proposals, OCTA requirements stipulate that the projects must be
included in the City's seven -year Capital Improvement Program (CIP). Some of these projects are in
various stages of the project development process and in these cases, because specific funding
sources have not yet been determined, they were not included in the seven -year CIP. Therefore, in
order to be considered for this grant funding cycle, it is necessary to amend the seven -year CIP to
include these improvements.
Given the need for these street improvements and the eligibility requirements defined by OCTA,
staff recommends that the City Council adopt the resolution authorizing submittal of these project
applications for funding consideration, and direct staff to incorporate the projects into the seven -year
CIP. Staff anticipates a response to the grant funding request in May 2011 and an OCTA Board
action on the call for projects in June 2011.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The required matching funds on these projects will be provided in the year of expenditure.
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II Francisco Gutierrez `3
Executive Dire or Executive Director
Public Works Agency Finance & Management Services Agency
RG /JG
Exhibit: 1. Resolution
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE COMPREHENSIVE TRANSPORTATION PROGRAM
BE 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 of Santa Ana desires to implement the transportation improvements
listed below.
B. The City of Santa Ana has been declared by the Orange County
Transportation Authority to meet the eligibility requirements to receive
Measure M "turnback" funds.
C. The City's Circulation Element is consistent with the County of Orange Master
Plan of Arterial Highways.
D. The City of Santa Ana will provide matching funds for each project as
required by the Orange County Comprehensive Transportation Program
Procedures Manual.
E. The Orange County Transportation Authority intends to allocate funds for
transportation improvement projects within the incorporated cities and the
County.
F. The City of Santa Ana will not use Measure M funds to supplant Developer
Fees or other commitments.
G. The City of Santa Ana will use Arterial Highway Rehabilitation Funding as a
supplement to the existing pavement management program.
Section 2: The City Council authorizes the Executive Director of the Public
Works Agency to submit projects for funding consideration under the Combined
Transportation Funding Programs.
Page 1 of 3
I
Section 3: The City Council of the City of Santa Ana hereby requests the
Orange County Transportation Authority allocate funds in the amounts specified in the
City's application to said City from the Comprehensive Transportation Programs. Said
funds shall be matched by funds from said City as required and shall be used as
supplemental funding to aid the City in the improvement of the following street(s):
PROJECT
Bristol Street Widening: 3`d to Civic Center
Bristol Street Widening: Civic Center to 17th
Grand Avenue Widening: 1St to 4th
Grand / Edinger Intersection Widening
PROGRAM FY
ACE 11/12
ACE 11/12, 12/13, 13/14
ACE 12/13
ICE 13/14
Section 4: This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
is
Laura Sheedy
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
2011.
Miguel A. Pulido
Mayor
55B -4
Page 2 of 3
CERTIFICATE OF ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No.
Santa Ana on
Date:
to be the original resolution adopted by the City Council of the City of
, 2011.
Clerk of the Council
City of Santa Ana
55B -5
Page 3 of 3
6,
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 22, 2011
TITLE:
PUBLIC HEARING - AMENDMENT
APPLICATION NO. 2010 -01 AND CONDITIONAL
USE PERMIT NO. 2010-15 TO ALLOW A CARE
HOME FOR THE ELDERLY AT 1600 EAST
FIRST STREET - AZURE PLAZA PARTNERS,
LLC, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance approving Amendment Application No. 2010 -01.
2. Adopt a resolution approving Conditional Use Permit No. 2010 -15 as conditioned.
PLANNING COMMISSION ACTION
On September 13, 2010, the Planning Commission recommended that the City Council adopt an
ordinance approving Amendment Application No. 2010 -01; and adopt a resolution approving
Conditional Use Permit No. 2010 -15 as conditioned by a vote of 7:0 to allow a care home 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 at 1600 East First Street
(Exhibit A). The Planning Commission added a condition to require the Commission's review and
approval of the final landscape plan prior to permit issuance.
FISCAL IMPACT
There is no fiscal impact associated with this action.
*,M. Trevino
Executive Director
Planning & Building Agency
LL:rb
LL\ reports \pc&za \cup10- 15aa10 -01 Azure Plaza=
Exhibit: A. Planning Commission Staff Report
75A -1
75A -2
REQUEST FOR
Planning Commission Action
PLANNING COMMISSION MEETING DATE:
SEPTEMBER 13, 2010
TITLE:
PUBLIC HEARING — FILED BY AZURE PLAZA
PARTNERS, LLC FOR AMENDMENT APPLICATION
NO. 2010-01 AND CONDITIONAL USE PERMIT
NO. 2010-15 TO ALLOW A RESIDENTIAL CARE
FACILITY FOR THE ELDERLY AT 1600 EAST FIRST
STREET
Prepared by Lucy Linnaus
xecutive Director
RECOMMENDED ACTION
Recommend that the City Council:
PLANNING COMMISSION SECRETARY
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
DENIED
❑ Applicants Request
❑ Staff Recommendation
CONTINUED TO
Planning Mana r
Adopt an ordinance approving Amendment Application No. 2010 -01.
2. Adopt a resolution approving Conditional Use Permit No. 2010 -15 as conditioned.
DISCUSSION
Request of the Applicant
Nabile Anz of Azure Plaza Partners, LLC is requesting approval of Amendment Application (AA) No.
2010 -01 to change the zoning designation of a portion of the site from Single Family Residence (R1)
and Multiple - Family Residence (R3) to General Commercial (C2). Additionally, the applicant is
requesting approval of Conditional Use Permit (CUP) No. 2010 -15 to allow the conversion of an
existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE) at 1600
East First Street.
Property Description
The project site is located midblock, just west of the southwest corner of First and Lyon Streets.
The site is an L- shaped, flat, 3.13 acre parcel developed with a 10 -story, 150 -room hotel and a
detached single story restaurant constructed in 1971. A total of 182 parking spaces are provided
for the site. A 0.49 acre portion of the parcel located towards the southeast corner of the lot is
currently undeveloped.
The site has three zoning designations: 1.62 acres of the site are zoned General Commercial (C2);
1.02 acres are zoned Single - Family Residence (R1) and 0.49 acres are zoned Multiple - Family
Residence (R3). The General Plan land use designation for the entire site is General Commercial
(GC). Surrounding land uses include commercial uses to the north, a mortuary to the east, Santa
Ana Unified School district offices to the south and office buildings to the west (Exhibits 1, 2 and 3).
Exhibit A
1
Amendment Application No. 2010 -01
Conditional Use Permit No. 2010 -15
September 13, 2010
Page 2
Project Description
Azure Plaza Partners, LLC is proposing to convert an existing 150 -room hotel into a 128 -room
licensed residential care facility for the elderly (RCFE). The facility will provide 24 -hour care and
supervision for up to 147 residents age 60 and above. The first floor will be modified to
accommodate a new entrance lobby, sitting area, dining rooms, medical clinic, beauty salon,
exercise room, therapy pool, and three rooms to house non - ambulatory residents. The existing
swimming pool and amenity deck will continue to operate and be restored to meet accessibility
standards. The second through tenth floor will house most of the residents in rooms that will vary in
size from 335 to 425 square feet. Each room will have private accessible bathroom facilities, a
closet and a small counter, but no kitchen facilities as these are rooms within a care home
environment and not individual residential units. The central core on each floor will have a
community space intended to provide a variety of stimulating activities for the residents. These will
include meeting and business rooms, library, theater, card /game room, arts and crafts room,
billiards/sports room, dance studio and worship area. Additional service facilities, such as private
resident storage, will be provided on the seventh and eighth floors and a common laundry facility on
the fourth floor.
The applicant is also proposing several site improvements. The primary vehicular entrance and
interior site circulation will be simplified and flanked by plazas. The plaza adjacent to the restaurant
will have a trellis and canopy trees to provide a comfortable outdoor seating area for the restaurant,
while the plaza to the west will be developed with canopy trees, seating and a water feature to define
the entrance and provide a pedestrian friendly connection to the street. On the undeveloped portion
of the lot will be a new parking area built in compliance with city standards. The existing parking lot
will be repaired as needed and re- striped, and the landscaping and exterior lighting will be restored
to comply with current codes.
The existing restaurant will be remodeled to better serve the tower residents as well as the public at
large. The lounge area will be converted into a juice/ice cream bar. Another portion of the
restaurant will be converted into a coffee shop /deli. A third portion of the existing restaurant will
continue to operate as a full service restaurant. The kitchen will prepare meals for the restaurant,
coffee shop /deli and the residents of the tower. The restaurant will operate seven -days a week from
6:00 am to 11:00 pm. No Alcohol Beverage Control license is requested.
Lastly, exterior modifications to the tower and restaurant are also being proposed in order to update
its architecture. The buildings will be painted in muted colors and the glazing system will be replaced
with a more energy efficient system. To update the architectural style of the tower, a new horizontal
louver system will be installed over the open stairs and elevator shaft, and a new roof railing feature
painted in a contrasting color will be added to the top of the tower. The mansards on the restaurant
and porte- cochere will be removed and the architecture will be streamlined. Trellises will be added
to accent the restaurant entrances and seating areas (Exhibits 4, 5 and 6).
Amendment Application No. 2010 -01
Conditional Use Permit No. 2010 -15
September 13, 2010
Page 3
Analysis of the Issues
The proposed project entails two separate actions for consideration: The rezoning of portions of the
lot which are zoned R1 and R3 to C2 and the conversion of an existing hotel and restaurant into a
licensed residential care facility for the elderly (RCFE). The section below will analyze each of these
actions.
Amendment Application
As a mature city, the City of Santa Ana has seen many changes in its policies that direct
development. As such, there are many parcels that have zoning designations that no longer are
consistent with the General Plan land use designation or even with the development of the site. The
hotel and restaurant were entitled in 1969 with a use variance that allowed development on the
portion of the lot that was zoned R1. In 1969, the site had split zoning; the northern 183 feet
adjacent to First Street was zoned C2, while the remainder of the lot was zoned R1. In 1989, the
zoning of the portion of the lot occupied by the tower was changed from R1 to C2 to bring
consistency between the land use, the zoning designation and the General Plan land use
designation, leaving a small island in the center of the lot zoned R1. It has been the Planning
Division's policy to correct situations like this, where the development is consistent with the General
Plan land use designation, but inconsistent with the zoning, as projects are brought forward. As
such, the proposed zone change represents only a clean -up to create consistency between the
zoning and general plan land use designation.
Conditional Use Permit
The Santa Ana Municipal Code allows care homes in the General Commercial (C2) zoning district
subject to a conditional use permit. Care homes are commercial facilities that are maintained and
operated to provide living accommodations for and 24 -hour care to persons in need of personal
services, supervision, or assistance essential for sustaining the activities of daily living. Residential
Care Facilities for the Elderly (RFCE) are non — medical facilities that provide room, meals,
housekeeping and supervision; distribute medication; and provide personal care assistance with
basic activities like hygiene, dressing, eating, bathing and transportation for the elderly. This level
of care and supervision is for people who are unable to live by themselves, but who do not need
24 -hour nursing care. RCFEs are considered non - medical facilities and are not required to have
nurses, certified nursing assistants or doctors on staff. RFCEs or Assisted Living Facilities, as they
are sometimes also known, must meet care and safety standards set by the State and are licensed
and inspected by the Department of Social Services, Community Care Licensing (CCL). The State
not only regulates the service providers, but also ensures compliance with the City standards.
Since 1996, Azure Partners has successfully embarked on three hotel conversion projects in the Los
Angeles area and have converted more than 300 hotel rooms into senior housing. Since this is their
first proposal for a Residential Care Facility for the Elderly as a team, they have assembled a
partnership where individual members' experience includes operating and administering licensed
(RCFEs) and currently operate two small facilities in Orange County.
Amendment Application No. 2010 -01
Conditional Use Permit No. 2010 -15
September 13, 2010
Page 4
A conditional use permit allows the City to impose conditions to mitigate any potential unforeseen
negative impacts associated with a care home use and its operations. Since this is the first project of
its kind for the City, the Planning Division and Police Department are proposing conditions of
approval to ensure the project maintains its high quality through time and does not transition into
an undesired or unintended use. The Planning Division's conditions are intended to ensure the
facility will contribute to the general well being of the community and will create a positive economic
impact by increasing the number of available jobs in the area and increasing the tax revenues.
Conditions, such as requiring the facility to maintain its license and a high level of amenities to its
residents are recommended. The Police Department's conditions refer to business operations and
physical improvements to improve safety, such as requiring security guards to patrol the parking lot
and upgrades to exterior lighting. The Police Department proposes a review of the project at six
months, one year and annually thereafter to ensure that the business is in compliance with
conditions approved for the project.
Conclusion
The project is consistent with the purpose of the General Plan Land Use Element and Housing
Element, as it will further the goals and policies of the plan and not obstruct their attainment.
Specifically, it would further the following General Plan goals and policies:
Land Use I Goal 1 I Promote a balance of land uses to address the basic community
Element needs.
Policy 1.5 I Maintain and foster a variety of residential land uses in the City.
Policy 2.8 Promote rehabilitation of commercial properties, and encourage
increased levels of capital investment.
Policy 5.1 Promote development which has a net community benefit, and
enhances quality of life.
Housing Policy HE-4.4 Self Enriched Housing. Support efforts to increase the availability
Element of supportive services and service- enriched housing for persons
with special needs, such as seniors, disabled people, homeless
people, families, and persons with medical conditions.
As conditioned, the project will not create additional negative impacts to the surrounding business and
residents; instead it will stabilize the First Street commercial corridor by creating new long term
employment opportunities and providing a service that is needed in the community. Therefore, staff
recommends approval of Amendment Application No. 2010 -01 and Conditional Use Permit No. 2010-
15 as conditioned (Exhibits 7 and 8).
Amendment Application No. 2010 -01
Conditional Use Permit No. 2010 -15
September 13, 2010
Page 5
CEQA Compliance
In accordance with the California Environmental Quality Act, the proposed project is exempt from
CEQA review per Section 15332, class 32. Class 32 exemption allows infill development projects
occurring on lots less than five acres, where the site has no value as a habitat for endangered
species, is adequately served by all required utilities and public services, will not result in any
significant effects relating to traffic, noise, air and water quality and is consistent with the applicable
general plan, zoning and other policies. Environmental Review No. 2008 -140 will be filed for this
project.
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Lucy Li naus, AIA Vincent Frego , AICP
Senior Planner Principal Plan r
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75A -10
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75A -28
Conditional Use Permit No. 2010 -15
September 13, 2010
Page 1 of 2
Findings of Fact
A. Will the proposed use provide a service or facility which will contribute to the general well
being of the neighborhood or community?
The proposed conversion of a 150 -room hotel into a 128 -room licensed Residential
Care Facility for the Elderly (RCFE) will provide a facility that will contribute to the
general well being of the community by providing living facilities to a segment of the
population in need of supervision and care, but not medical care. While RCFEs are
regulated by the California Department of Social Services, conditions have been
placed on the operations that will mitigate any potential impacts created by the use
and ensure that the use will not negatively affect the community and the surrounding
neighborhoods.
B. Will the proposed use under the circumstances of the particular case be detrimental to the
health, safety, or general welfare of persons residing or working in the vicinity?
The conditions of approval will require the facility compliance with State licensing
requirements and will ensure the facility maintains a safe environment. The conditions
of approval are imposed to mitigate any potential unforeseen impact that could
otherwise affect the health, safety, or general welfare of persons residing or working
in the vicinity.
C. Will the proposed use adversely affect the present economic stability or future economic
development of properties surrounding the area?
The site as developed is suitable for the proposed use. The proposed use will not
adversely affect the present economic stability or future economic development of the
properties surrounding the area. Instead, the proposed use will create a positive
economic impact by increasing the number of available jobs in the area and increasing
the tax revenues which will protect property values within the community and will
contribute to the economic stability of surrounding properties in the area.
D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for
such use?
With an approved conditional use permit for a care home in the General Commercial
(C2) zone district, the proposed use will be in compliance with the applicable sections of
Chapter 41 of the Santa Ana Municipal Code. Conditions of approval are imposed to
ensure compliance with the State licensing requirement and to ensure that the
proposed RCFE does not transition into an undesired or unintended use.
EXHIBIT 7
Conditional Use Permit No. 2010 -15
September 13, 2010
Page 2 of 2
E. Will the proposed use adversely affect the General Plan or any specific plan of the City?
The proposed facility is located in the General Commercial (GC) general plan
designation land use designation. The proposed use as conditioned will not
adversely affect the General Plan as it will further the goals and policies of the plan
and not obstruct their attainment. Specifically, it will further Goals 1, and Policies 1.5,
2.8 and 5.1 of the land use element and Policy HE -4.4 of the Housing Element The
project site is not located within any specific plans.
SEPTEMBER 13, 2010
PAGE 1 OF 3
Conditions for Aagroval
Conditional Use Permit No. 2010 -15 is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code,
the California Administrative Code, the California Building Standards Code and all other applicable
regulations.
The applicant must comply in full with each and every condition listed below prior to exercising the
rights conferred by this 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. Planninsa Division
All proposed site improvements must conform to the Site Plan Review DP No. 2008-
47, except that Exhibits 4 and 6 of Conditional Use Permit No. 2010 -15 shall replace
the site plan and elevations of the Site Plan submittal.
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 facility shall obtain and maintain a license by the State for a Residential Care
Facility for the Elderly (RCFE).
4. The number of residents shall be limited to 147.
5. The facility shall provide at a minimum the following amenities as shown on page 3 and
4 of Exhibit 5:
a. A fully furnished meeting room with a minimum capacity of 30 occupants.
b. A business office equipped with computers with internet access, public
telephone, fax and copier machines, and other incidental equipment necessary
to support an office environment.
C. A library furnished with tables, chairs and at least one computer.
d. A fully furnished theater with a minimum capacity of 15 occupants.
e. A fully furnished card /game room with a minimum capacity of 30 occupants.
EXHIBIT 8
SEPTEMBER 13, 2010
PAGE 2OF3
f. A fully furnished and equipped arts and crafts room with a minimum capacity of
15 occupants.
g. A fully furnished billiards /sports room with a minimum of two playing stations.
h. A fully furnished dance studio with a minimum capacity of 15 occupants.
A fully furnished worship area with a minimum capacity of 30 occupants.
Private resident storage will be provided on the seventh and eighth floor.
k. A common laundry facility with a minimum of eight washing machines and
corresponding dryers and ironing/folding area.
Vehicular transportation with a minimum capacity of 20 passengers to provide
free shuttle to the residents to destinations within 15 miles of the location.
M. A fully equipped exercise room.
n. A Therapy pool.
o. A swimming pool with seating and shade.
6. Each amenity or service, including the shuttle service shall be available to the residents
daily for a period of not less than 12 hours. Programmed activities shall be available to
the residents daily for a period of not less than four hours.
7. An amenity plan showing the interiors and high quality and durable finishes, furnishing
and proposed equipment shall be submitted to the Planning Division for review and
approval.
8. No kitchen facilities or appliances shall be allowed in the resident rooms, as these are
rooms in a care home environment and not residential units.
9. Residential units shall not be allowed on the site.
10. No banquet facilities as defined by SAW Section 41 -25, medical marijuana
dispensary as defined by Section 41 -121 or massage establishment as defined by
Section 49.9759.2 shall be allowed on the site.
11. The entry plazas shall be designed with shade trees, outdoor seating, decorative
paving, landscape planters and a water feature. A plan shall be submitted to the
Planning Division for review and approval.
75A -32
SEPTEMBER 13, 2010
PAGE 3 OF 3
12. The outdoor seating area adjacent to the restaurant shall be designed with shade trees,
decorative paving, landscape planters and trellises. The landscape planter between the
restaurant building and the street shall be fully landscaped. A plan showing durable
and high quality materials shall be submitted to the Planning Division for review and
approval.
B. Police Department
The existing building and parking lot must conform to the provisions of Chapter 8,
Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance).
These code conditions will require that the existing project's lighting, door /window
locking devices and addressing be upgraded to current code standards. Lighting
standards cannot be located in required landscape planters.
2. Provide minimum 100 square inch windows in all doors leading into common areas
such as laundry facilities, rec. rooms etc.
3. Provide minimum 12 -inch shatterproof convex mirrors in all elevators.
4. State licensed uniformed security guards are required 2417 at the staffing level of one
guard in a fixed position on the first floor at a guard station. One guard is to conduct
roving activities within the building. One guard is required to patrol the parking lot.
5. This conditional use permit shall be reviewed by the Police Department after six
months and one year, and annually thereafter for modifications or violations of any of
the conditions.
75A -33
75A -34
ORDINANCE NO. NS -XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ZONING THE PROPERTY LOCATED AT 1600
EAST FIRST STREET FROM SINGLE FAMILY RESIDENCE
(R1) AND MULTIPLE - FAMILY RESIDENCE (R3) TO
GENERAL COMMERCIAL (C -2) (AA NO. 2010 -01)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The Applicant is requesting adoption and approval of Amendment
Application No. 2010 -01 and Conditional Use Permit No. 2010 -15 to allow a
care home for the elderly at 1600 East First Street.
B. On September 13, 2010, the Planning Commission held a duly noticed
public hearing and voted to recommend that the City Council:
1. Adopt an ordinance approving Amendment Application No. 2010 -01.
2. Adopt a resolution approving Conditional Use Permit No. 2010 -15 as
conditioned.
C. Amendment Application No. 2010 -01 came before the City Council of the
City of Santa Ana for a duly noticed public hearing on October 4, 2010. At
that time, the City Council continued the matter for another duly noticed
public hearing on December 6, 2010. At that time, the City Council
continued the matter for another duly noticed public hearing on February 7,
2011. At that time, the City Council continued the matter for another duly
noticed public hearing on February 22, 2011, to consider all testimony,
written and oral.
D. Amendment Application No. 2010 -01 has been filed with the City of Santa
Ana to zone a portion of the property located at 1600 East First Street from
Single Family Residence (R1) and Multiple - Family Residence (R3) to
General Commercial (C -2).
E. Amendment Application No. 2010 -01 is consistent with the General Plan,
including but not limited to its goals and policies:
Promote a balance of land uses to address basic community needs.
Land Use Element Goal No. 1.0.
75A -35
2. Maintain and foster a variety of residential land uses in the City. Land
Use Element Policy 1.5.
3. Promote rehabilitation of commercial properties, and encourage
increased levels of capital investment. Land Use Element Policy No.
2.8.
4. Promote development which has a net community benefit, and
enhances quality of life. Land Use Element Policy No. 5.1.
5. Self Enriched Housing. Support efforts to increase the availability of
supportive services and service- enriched housing for persons with
special needs, such as seniors, disabled people, homeless people,
families, and persons with medical conditions. Housing Element
Policy HE -4.4.
F. The City Council has weighed and balanced the general plan's policies and
has determined that based upon this balancing that the project at 1600 East
First Street is consistent with the purpose of the general plan.
G. The City Council also adopts as findings all facts presented in the Request
for Council Action dated February 22, 2011 accompanying this matter. For
these reasons, and each of them, Amendment Application No. 2010 -01 is
hereby found and determined to be consistent with the General Plan of the
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
H. Conditional Use Permit No. 2010 -15 as conditioned came before the City
Council on October 4, 2010, December 6, 2010, February 7, 2011, and
February 22, 2011. This ordinance incorporates by reference, as though
fully set forth herein, the Conditional Use Permit in support of this ordinance
and the findings made herein.
Section 2. The real property located at 1600 East First Street is hereby zoned
from Single Family Residence (R1) and Multiple - Family Residence (R3) to General
Commercial (C -2). (AA No. 2010 -01) Amended Sectional District Map number 17 -5 -9
showing the above described change in use district designation, is hereby approved and
attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth
herein. This decision is based upon the evidence submitted at the above said hearing,
which includes but is not limited to: the Request for Council Action dated February 22,
2011 and exhibits attached thereto and the public testimony written and oral, all of
which are incorporated herein by this reference.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
75A -36
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 )2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka
City Attorney
LM
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
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
75A -37
NW_ISIOO,�
ROH - 02/22/11
RESOLUTION NO. 2010 -xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING CONDITIONAL USE PERMIT
NO. 2010 -15 AS CONDITIONED TO ALLOW A CARE
HOME FOR THE ELDERLY AT 1600 EAST FIRST STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Applicant is requesting approval of Conditional Use Permit No. 2010 -15 to
operate a care home for the elderly in the General Commercial (C2) zoning
district for the property located at 1600 East First Street.
B. Santa Ana Municipal Code Section 41 -377.5 allows care homes for the
elderly in the C2 zoning district subject to the issuance of a conditional use
permit.
C. Conditional Use Permit No. 2010 -15 came before the City Council of the
City of Santa Ana for a duly noticed public hearing on October 4, 2010. At
that time, the City Council continued the matter for another duly noticed
public hearing on December 6, 2010. At that time, the City Council
continued the matter for another duly noticed public hearing on February
7, 2011. At that time, the City Council continued the matter for another
duly noticed public hearing on February 22, 2011.
D. The City Council 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 -15 to allow a care home for the elderly:
The proposed use will provide a service or facility, which will
contribute to the general well being of the neighborhood or the
community.
The proposed conversion of a 150 -room hotel into a 128 -
room licensed Residential Care Facility for the Elderly
(RCFE) will provide a facility that will contribute to the
general well being of the community by providing living
facilities to a segment of the population in need of
supervision and care, but not medical care. While RCFEs
are regulated by the California Department of Social
Services, conditions have been placed on the operations
that will mitigate any potential impacts created by the use
Resolution No. 2010 -xx
75A -39 Page 1 of 8
and ensure that the use will not negatively affect the
community and the surrounding neighborhoods.
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 conditions of approval will require the facility compliance
with State licensing requirements and will ensure the facility
maintains a safe environment. The conditions of approval
are imposed to mitigate any potential unforeseen impact 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 site as developed is suitable for the proposed use. The
proposed use will not adversely affect the present economic
stability or future economic development of the properties
surrounding the area. Instead, the proposed use will create
a positive economic impact by increasing the number of
available jobs in the area and increasing the tax revenues
which will protect property values within the community and
will contribute to 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?
With an approved conditional use permit for a care home in
the General Commercial (C2) zone district, the proposed use
will be in compliance with the applicable sections of Chapter
41 of the Santa Ana Municipal Code. Conditions of approval
are imposed to ensure compliance with the State licensing
requirement and to ensure that the proposed RCFE does not
transition into an undesired or unintended use.
5. Will the proposed use adversely affect the General Plan or any
specific plan of the City?
The proposed facility is located in the General Commercial
(GC) general plan designation land use designation. The
proposed use as conditioned will not adversely affect the
General Plan as it will further the goals and policies of the
plan and not obstruct their attainment. Specifically, it will
further Goals 1, and Policies 1.5, 2.8 and 5.1 of the land use
element and Policy HE -4.4 of the Housing Element The
project site is not located within any specific plans.
Resolution No. 2010 -xx
75A -40 Page 2 of 8
E. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review per Section 15332,
class 32. This class 32 exemption allows infill development projects
occurring on lots less than five acres, where the site has no value as a
habitat for endangered species, is adequately served by all required utilities
and public services, will not result in any significant effects relating to traffic,
noise, air and water quality and is consistent with the applicable general
plan, zoning and other policies. Categorical Exemption Environmental
Review No. 2008 -140 will be filed for this project.
Section 3. The City Council of the City of Santa Ana hereby, approves
Conditional Use Permit No. 2010 -15 as conditioned in Exhibit "A" attached hereto and
incorporated herein.
ADOPTED this
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
APPROVED AS TO FORM:
Joseph Straka, City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
day of , 2011 by the following vote:
Miguel A. Pulido
Mayor
Resolution No. 2010 -xx
75A -41 Page 3 of 8
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the City Council, do hereby attest to and certify the
attached Resolution No. to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the City Council
City of Santa Ana
Resolution No. 2010 -xx
75A-42 Page 4 of 8
Conditions for Apuroval for Conditional Use Permit No 2010-15
Conditional Use Permit No. 2010 -15 is approved subject to compliance, to the reasonable
satisfaction of the City Council, with all applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code and all other applicable
regulations.
The applicant must comply in full with each and every condition listed below prior to exercising the
rights conferred by this 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. All proposed site improvements must conform to the Site Plan Review DP No. 2008-
47, except that Exhibits 4 and 6 of Conditional Use Permit No. 2010 -15 shall replace
the site plan and elevations of the Site Plan submittal.
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 facility shall obtain and maintain a license by the State for a Residential Care
Facility for the Elderly (RCFE).
4. The number of residents shall be limited to 147.
5. The facility shall provide at a minimum the following amenities as shown on page 3
and 4 of Exhibit 5:
a. A fully furnished meeting room with a minimum capacity of 30 occupants.
b. A business office equipped with computers with internet access, public
telephone, fax and copier machines, and other incidental equipment necessary
to support an office environment.
C. A library furnished with tables, chairs and at least one computer.
d. A fully furnished theater with a minimum capacity of 15 occupants.
e. A fully furnished card /game room with a minimum capacity of 30 occupants.
Exhibit A
Resolution No. 2010 -xx
Page 5 of 8
75A -43
September 13, 2010
PAGE 2OF3
A fully furnished and equipped arts and crafts room with a minimum
capacity of 15 occupants.
g. A fully furnished billiards /sports room with a minimum of two playing
stations.
h. A fully furnished dance studio with a minimum capacity of 15
occupants.
A fully furnished worship area with a minimum capacity of 30
occupants.
Private resident storage will be provided on the seventh and eighth
floor.
k. A common laundry facility with a minimum of eight washing
machines and corresponding dryers and ironing /folding area.
Vehicular transportation with a minimum capacity of 20 passengers
to provide free shuttle to the residents to destinations within 15 miles
of the location.
M. A fully equipped exercise room.
n. A Therapy pool.
o. A swimming pool with seating and shade.
6. Each amenity or service, including the shuttle service shall be available to
the residents daily for a period of not less than 12 hours. Programmed
activities shall be available to the residents daily for a period of not less
than four hours.
7. An amenity plan showing the interiors and high quality and durable finishes,
furnishing and proposed equipment shall be submitted to the Planning
Division for review and approval.
8. No kitchen facilities or appliances shall be allowed in the resident rooms,
as these are rooms in a care home environment and not residential units.
9. Residential units shall not be allowed on the site.
75A-44
September 13, 2010
PAGE 3OF3
10. No banquet facilities as defined by SAMC Section 41 -25, medical marijuana
dispensary as defined by Section 41 -121 or massage establishment as
defined by Section 41.1751.2 shall be allowed on the site.
11. The entry plazas shall be designed with shade trees, outdoor seating,
decorative paving, landscape planters and a water feature. A plan shall
be submitted to the Planning Division for review and approval.
12. The outdoor seating area adjacent to the restaurant shall be designed with
shade trees, decorative paving, landscape planters and trellises. The
landscape planter between the restaurant building and the street shall be
fully landscaped. A plan showing durable and high quality materials shall
be submitted to the Planning Division for review and approval.
13. Prior to issuance of a building permit, the applicant shall submit a final
landscape plan to the Planning Commission for review and approval
(Recommended by the Planning Commission on September 13,
2010).
B. Police Department
The existing building and parking lot must conform to the provisions of
Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building
Security Ordinance). These code conditions will require that the existing
project's lighting, door /window locking devices and addressing be
upgraded to current code standards. Lighting standards cannot be
located in required landscape planters.
2. Provide minimum 100 square inch windows in all doors leading into
common areas such as laundry facilities, rec. rooms etc.
3. Provide minimum 12 -inch shatterproof convex mirrors in all elevators.
4. State licensed uniformed security guards are required 24/7 at the staffing
level of one guard in a fixed position on the first floor at a guard station.
One guard is to conduct roving activities within the building. One guard is
required to patrol the parking lot.
5. This conditional use permit shall be reviewed by the Police Department
after six months and one year, and annually thereafter for modifications or
violations of any of the conditions.
75A -45
PROOF OF SERVICE
(C.C.P. SECTION 1013(a), 2015.5)
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the aforesaid county; I am over the age of eighteen and not a
party to the within action; my business address is 20 Civic Center Plaza, Ross Annex
2nd, Santa Ana, California 92702.
I served the foregoing document described as:
in this action by placing a true copy
thereof enclosed in sealed envelopes a resse as follows:
[ ] I caused to be delivered by courier, such envelope by hand to the office of the
addressee(s).
[X] BY MAIL I am readily familiar with my employer's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with
U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana,
California in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing in affidavit.
[ ] The document was transmitted by facsimile transmission and was reported as
complete and without error.
declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
Executed on [date] at Santa Ana, California.
MARIA D. HUIZAR
75A -46