HomeMy WebLinkAbout FULL PACKET_2011-05-16MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MAY 2, 2011
CLOSED SESSION MEETING
CALLED TO ORDER CITY HALL, 8T" FLOOR, ROOM 831
20 CIVIC CENTER PLAZA
SANTA ANA, CA
5:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
CLAUDIA C. ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO (5:17 p.m.)
COUNCILMEMBERS Absent:
MIGUEL PULIDO, Mayor
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)
Kathryn Roberson vs. the City of Santa Ana, WCAB Case Number
ADJ4110411
1B CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b) — One matter.
CITY COUNCIL MINUTES 1 MAY 2, 2011
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1C
1D
1E
*Councilmember Sarmiento excused himself from proceedings of Closed
Session Item 1B due to a conflict of interest and did not participate in
consideration of this item. He left the conference room at 5:17 p.m. and
returned at 5:56 p.m.
LIABILITY CLAIMS pursuant to Government Code Section 54956.95
Claimants: Marjorie Dunn, Claim No. 2010 -156
CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Executive Director of Personnel Services,
Kathie Gonzalez
Employee Organizations: Santa Ana Police Officers Association
(POA)
Santa Ana Police Management Association
(PMA)
Santa Ana Fireman's Benevolent
Management Association (FBA)
Santa Ana Fire Management Association
(FMA)
Service Employees' International Union
(SEIU) Full -Time Employees
Service Employees' International Union
(SEIU) Part-time Civil Service Employees
Confidential Association of Santa Ana
(CASA)
Santa Ana Management Association
(SAMA)
Executive Management (EM)
PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to
Government Code Section 54957(b)(1)
Title: City Attorney; and City Manager
CLOSED SESSION REPORT — See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:11 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 MAY 2, 2011
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REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:15 P.M.
ATTENDANCE COUNCILMEMBERS Present:
CLAUDIA C. ALVAREZ, Mayor Pro Tern
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
INVOCATION
PLEDGE OF ALLEGIANCE
PRESENTATIONS
COUNCILMEMBERS Absent:
MIGUEL PULIDO, Mayor
STAFF Present:
DAVID N. REAM, City Manager
JOSEPH STRAKA, Interim City Attorney
MARIA D. HUIZAR, Clerk of the Council
Robert Barnett, Police Chaplain
Councilmember Tinajero
EMPLOYEE SERVICE AWARDS presented by MAYOR PRO TEM ALVAREZ to:
25 YEARS OF SERVICE Maria Blanquet- Lopez, Accountant
Finance & Management Services
Marilyn N. Palacol, Senior Accountant,
Finance & Management Services
SPECIAL PRESENTATION AND PROCLAMATION by Orange County Supervisor and
Orange County Transportation Authority (OCTA) Boardmember Janet Nguyen to City of
Santa Ana on success and participation of Measure M
PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Supervisor Janet
Nguyen recognizing Orange County Bike to Work Week 2011.
CITY COUNCIL MINUTES 3 MAY 2, 2011
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CERTIFICATE OF TRIBUTE presented by MAYOR PRO TEM ALVAREZ
commemorating the life of Reverend John Nix - McReynolds presented to his wife,
Evangeline McReynolds, and son, Paul McReynolds
CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM ALVAREZ to John
Collins and Connie Jones in recognition of the Southwest Community Center's Grand
Re- Opening.
PROCLAMATION presented by COUNCILMEMBER BUSTAMANTE to the Public
Works Agency in recognition of Public Works Week May 15 -21, 2011.
CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER BUSTAMANTE
to Mater Dei Varsity Basketball Teams for winning the 2011 CIF -State Division 1
Championship.
Boys Varsity Basketball Head Coach Gary McKnight
Assistant Coaches: Andy Foster, Max Hoskins, Bob Serven and Sean Stevensen
Team members: Shaqquan Aaron
David Brown
Josh Cook
Dalton Dale
Austin DiCambio
Billy Fay
Stanley Johnson
Xavier Johnson
Drew Mellon
Kameron Murrell
Chris Nealy
Katin Reinhardt
Mario Soto
Eli Stalzer
Jordan Strawberry
Mike Taormina
Andrew Tisdale
Alexas Williamson
Girls Varsity Basketball Head Coach Kevin Kiernan
Assistant Coaches: Pete Bonny, Kathleen Kelly, Alicia Komaki and Sean McKeever
Team members: Jordan Adams
Khalia Lark
Karina Alofaituli
Kau'ilani Miki -Han
Asia Andry
Kaleena Mosqueda -Lewis
Bianca Arnet
Amy Ogren
Elyse Biechele
Kaija Powell
Alli Brown
Madelyn Sando
Jessica Duarte
Paulina Santana
Maggie Frazier
Alexyz Vaioletama
Nicole Guzman
Alexas Williamson
PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Pastor Jon
Pedersen in honor of St. Peter Evangelical Lutheran Church 100th Anniversary.
CITY COUNCIL MINUTES 4 MAY 2, 2011
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CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER MARTINEZ to
sponsors of the Santa Ana Earth and Health Fest — Southern California Air Quality
Management District -Lisa Ball, AltaMed -Juana Rodriguez, Cordoba Corporation -Cathy
Higley, C &C Development Co. /Orange Housing Development -Barry Cottle, The
California Endowment -Gregg Hall, Southern California Edison Energy Leadership
Partnership -Eddie Marquez, Southern California Association of Governments -Alan
Thompson and Waste Management - Silvia Edwards and David Ross.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to
Ruben Acosta, Gilberto Arteaga, Paul Paniagua, Abel Torres and Luis Velasco of The
Church of Jesus Christ of the Latter Day Saints for organizing volunteers to work at the
Cinco de Mayo festival held on April 30 and May 1, 2011.
CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to
Rebecca Nelson representing Gay Neighbors, Families and Friends of Santa Ana, in
recognition of Harvey Milk Day.
PROCLAMATION presented by COUNCILMEMBER TINAJERO to Jane Russo, Santa
Ana Unified School District Superintendent, recognizing her many years of service with
the Santa Ana School District.
CLOSED SESSION REPORT— See Agenda Item 19A for details.
PUBLIC COMMENT
• Marla Noel and Mike Sanchez, representing Alzheimer's Association of Orange
County, raised awareness and invited all to participate in the upcoming Memory
Walk at California State University, Fullerton on Saturday, October 23rd
• Albert Castillo, expressed concern with frequent check points by the Police
Department and asked that item be agendized for City Council consideration.
• Jose Luis Gonzalez (spoke in Spanish), asked that the City Council consider
reviewing policy on impound of vehicles, affecting families; petition being circulated
and signed by residents.
• Ralph Allen, noted importance of education and bicycling; urged council to rescind
PBID.
• Luis Mier, asked that council review and amend the ordinance regarding solicitor
permits - disallow mobile bail bond businesses from being conducted on public
streets.
• Nedra Hector, invited all to participate in the upcoming Relay for Life event at Santa
Ana College on Saturday, May 14 h.
• Fina Chavez, opposed to PBID, taxes have tripled, her parking lot business has not
benefitted from Assessment District.
CITY COUNCIL MINUTES 5 MAY 2, 2011
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• Nina Jun, asked that Council agendize the PBID item for discussion; opined that
formation did not follow State regulations.
• Herb Rose, PBID has doubled his property taxes, petition to disestablish PBID filed
in March.
• Scott Sink, spoke in opposition to current DUI checkpoints, quoted study by UC
Berkeley's California Watch on check points.
• Gema Salas, asked that the City consider changing policy on vehicle impounds.
• Maria Rosa Lopez, representing Hermandad Mexicana, submitted petitions
requesting Council change policy on vehicle impounds.
• Mike Gonzalez, representing LULAC, thanked the City Council for support of May 1St
march at the Plaza of the Flags; and asked that City agendize designation of
sanctuary city.
• Carlos Perea, representing Orange County Dream Team, thanked the City Council
for past support of Dream Act and asked that the City protect immigrant's rights.
• Francisco Barragan, spoke on vehicle impound policy, to be discussed at upcoming
Public Safety Committee meeting; opined that PBID should be disestablished; and
thanked the U.S. Navy Seal Team 6 for the killing of Osama Bin Laden.
• Fernando Ceballos, opposed to PBID, property taxes have doubled and opined that
assessment tax has devalued his business.
• Silvia Hernandez, of Justice for Janitors, concerned with DUI Checkpoint policy.
• Claudia Arellanes, requested that PBID be disestablished, assessment affecting her
business and only benefiting a few.
• Jesus Salas Zuniga, expressed support for changing policy on DUI Checkpoints.
• Francisca Lopez, thanked the City Council for agendizing the review of vehicle
impounds.
• Alma Segova, asked that the City Council change policy on vehicle impounds.
• Guadalupe Ponce, asked that the City stop impounding vehicles of unlicensed
drivers.
• Juan Godoy, of Federacion Estado de Mexico, spoke about the Mexican
Independence Day celebration and parade in Downtown Santa Ana; asked that local
agencies and community members continue to participate in the event.
• George Collins, spoke on various issues including the vehicle impound policy, OC
Marathon, Relay for Life, and Metropolitan Water District.
• Jose Gloria, asked Council to consider changing policy
• Romana Espinoza, thanked the City Council for agendizing the review of vehicle
impounds
o Councilmember Sarmiento noted that Senator Cedillo had proposed State
legislation, but has since failed to move forward.
• T. Leon Barry, NAACP hosting Juneteeth Event on June 17th; invited all to attend.
• Councilmember Tinajero thanked residents for attending meeting; item will be
agendized on Public Safety Committee to review vehicle impound policy;
PBID need to negotiate and come to an agreement, dissolution is not only
option,
• Councilmember Benavides indicated that Public Safety Committee would
discuss vehicle impound policy on May 24tH
CITY COUNCIL MINUTES 6 MAY 2, 2011
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CONSENT CALENDAR
MOTION: Approve Consent Calendar Items 10A through 29A with the
following modifications:
• Mayor Pro Tern Alvarez voted "No" on Item 19C; and
• Excused the absence of Mayor Pulido from the City Council, Community
Redevelopment Agency, and Housing Authority Meetings.
MOTION: Sarmiento SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
ADMINISTRATIVE MATTERS
MINUTES
10A MINUTES OF THE APRIL 11, 2011 SPECIAL CLOSED SESSION
MEETING - Clerk of the Council Office
MOTION: Approve Minutes.
10B MINUTES OF THE APRIL 18, 2011 REGULAR CITY COUNCIL
MEETING - Clerk of the Council Office
MOTION: Approve Minutes.
ORDINANCES /SECOND READING
In the event a Councilmember recorded an "abstention" before consideration of the following
ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading.
11A SECOND READING ORDINANCE - AMEND CHAPTER 5 OF SANTA
ANA MUNICIPAL CODE REGARDING CARE, TREATMENT AND
ASSESSMENT OF DOGS - Police Department
Placed on first reading at the April 18, 2011 City Council meeting and
approved by a vote of 4 -0 (Pulido, Sarmiento and Tinajero absent).
CITY COUNCIL MINUTES 7 MAY 2, 2011
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Published in the Orange County Reporter on April 22, 2011.
MOTION: Place ordinance on second reading and adopt.
ORDINANCE NO. NS -2818 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA
ANA MUNICIPAL CODE REGARDING THE CARE, TREATMENT, AND
ASSESSMENT OF DOGS
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT — City Attorney's Office
MOTION:
1. Approve the Compromise and Release agreement for Kathryn
Roberson vs. the City of Santa Ana, WCAB Case Number
ADJ4110411 in the amount of $58,500.
2. Approve the Settlement Agreement for Claimant: Marjorie Dunn,
Claim No. 2010 -156 in the amount of $37,500
19B EXCUSED ABSENCES — Clerk of the Council Office
MOTION: Excuse Mayor Pulido from the May 2, 2011 City Council
Meeting.
MOTION: 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 Tern Alvarez voted No on Item 19C.
19D QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2011 -
Finance & Management Services
MOTION: Receive and file.
BUDGETARY MATTERS
CITY COUNCIL MINUTES 8 MAY 2, 2011
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APPROPRIATION ADJUSTMENTS
20A AGMT NO. 2011 -028 - APPROPRIATION ADJUSTMENT ACCEPTING
CALIFORNIA ENDOWMENT GRANT FUNDING PROGRAM - Police
Department
MOTION: Approve an appropriation adjustment. (Requires five
affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2011 -198 - Recognizing the
California Endowment Program Funding in the amount of $61,144 into the
revenue account and appropriate same into the expenditure accounts.
20B AGREEMENTS WITH LEISURE CLASS INSTRUCTORS AND
APPROPRIATION ADJUSTMENT - Parks, Recreation & Community
Services Agency
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute an
agreement subject to non - substantive changes approved by the
City Attorney.
AGMT NO. 2011 -117 - Execute an amendment with Martin Torres for
Karate Do Kai instruction, extending the term one -year, and adding
$30,000 for next fiscal year.
2. Authorize the City Manager and Clerk of the Council to execute an
agreement subject to non - substantive changes approved by the
City Attorney.
AGMT NO. 2011 -118 - Execute an amendment with Choc Le for Tae
Kwon Do instruction, extending the term one -year, and adding $30,000
for next fiscal year.
3. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 2011 -197 - Recognizing
$70,000 in General Fund Leisure Classes revenue account and
appropriate same to the Recreation Contract Services - Professional
account to pay leisure class instructors.
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
CITY COUNCIL MINUTES 9 MAY 2, 2011
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MOTION: Award in accordance with Request for Council Action.
(Items 22A through 22C)
22A SPEC. NO. 07 -103 - PARAMEDIC SUPPLIES & GLOVES - Renew the
contract with Bound Tree Medical for a one -year period in an annual
amount not to exceed $217,200 (Fire Department and Police Department)
- Finance & Management Services
22B SPEC. NO. 09 -012 - TONER & CARTRIDGE SUPPLIES - Renew the
contracts for a one -year period in a total annual aggregate amount not to
exceed $120,000 with the vendors listed below - Finance & Management
Services
Vendor Location
Office Depot Signal Hill
Staples Technology Solutions Poway
22C SPEC. NO. 11 -024 - POLICE MOTORCYCLES — Award a contract to
Long Beach BMW Motorcycles for the purchase of five police equipped
motorcycles in an amount not to exceed $112,797.62 and increase the
aggregate limit for miscellaneous parts and repairs in an amount not to
exceed $10,000 annually (Police Department) - Finance & Management
Services
PROJECTS /CHANGE ORDERS
23A CONTRACT AWARD FOR CENTENNIAL PARK RESTROOM ROOF
REPLACEMENT (PROJECT NO. 107558) - Public Works Agency
MOTION:
1. Award a contract to Signature Contractors, the lowest
responsible bidder, in accordance with unit bid prices in the
estimated amount of $113,677.20 for replacement of the
Centennial Park Restroom Roof.
2. Approve a Funding Analysis with a total estimated construction
cost of $138,071.
AGREEMENTS
MOTION: 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
CITY COUNCIL MINUTES 10 MAY 2, 2011
1 0A -10
actions as noted on the Request for Council Action report. (Item 25A
through 251)
25A AGMT NO. 2011 -119 - FIRST RESPONDER TRAINING FOR CRISES
AND CRITICAL INCIDENTS — With Government Training Institute, Inc., in
an amount not to exceed $180,000 - Police Department
25B SETTLEMENT AGREEMENTS FOR BRISTOL STREET CORRIDOR
(PROJECT NO. 116744) -Public Works Agency
• AGMT NO. 2011 -120 - With Raymond G. Mori, tenant of the property
located at 1631 North Bristol Street, Suite 302, in an amount of
$20,830.
• AGMT NO. 2011 -121 — With Diet Clinic NN Medical located at 1631
North Bristol Street, Suite 308, in the amount of $14,000.
25C AGMT NO. 2011 -122 - SECURITY GUARD SERVICES - Execute a two -
year agreement with G4S Secure Solutions (USA) Inc. with three one -year
extension options in an amount not to exceed $504,264.72 per year -
Public Works Agency; Parks, Recreation and Community Services; and
Police Department
25D AGMT NO. 2011 -123 - ENERGY EFFICIENCY IMPROVEMENTS -
Execute an amendment with Siemens Building Technologies for a not -to-
exceed amount of $155,778 - Public Works Agency and Parks,
Recreation and Community Services
25E AGMT NO. 2011 -124 - VETERINARY SERVICES FOR THE SANTA ANA
ZOO AT PRENTICE PARK — Execute an amendment with Dr. Scott
Weldy in an amount of $75,000 for a one -year term - Parks, Recreation &
Community Services Agency
25F AGMT NO. 2011 -125 - COMPUTERIZED CASHIERING SYSTEM
HARDWARE AND MAINTENANCE - Execute an amendment with System
Innovators, a division of Harris Computer Corporation, in an annual
aggregate limit not to exceed $26,000 - Finance & Management Services
25G FUNDING ALLOCATIONS FOR THE HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM FISCAL YEAR 2011 -2012 -
Community Development Agency
CITY COUNCIL MINUTES 11 MAY 2, 2011
1 0A -11
Recommended Action approved by the Community Redevelopment and
Housing Commission on April 19, 2011 by a 6 -0 vote.
• AGMT NO. 2011 -126 - Between the City of Santa Ana and the
Housing Authority of the City of Santa Ana in an amount of $600,000
for a one -year term for the implementation of the Housing
Opportunities for Persons with AIDS Tenant -Based Rental Assistance
Program.
• AGMT NO. 2011 -127- With the County of Orange Health Care Agency
in an estimated amount of $921,133 for a one -year term to provide
supportive housing services to HIV /AIDS individuals in the County of
Orange.
25H AGMT NO. 2008 -037 CONTRACT RENEWAL FOR FINANCIAL SYSTEM
MAINTENANCE - Authorize renewal of current agreement number A-
2008 -037 with Lawson Software Americas, Inc. in an amount not to
exceed $190,000 annually for a three -year period - Finance &
Management Services
251 AGMT NO. 2004 -004 - CONTRACT RENEWAL FOR DOCUMENT
MANAGEMENT SYSTEM MAINTENANCE - Authorize renewal of current
agreement number A- 2004 -004 with Compulink Management Center, Inc.
in an estimated annual amount of $85,000 not to exceed $255,000 over a
three -year period - Finance & Management Services
MISCELLANEOUS - BUDGET
29A CONSOLIDATED PLAN ANNUAL UPDATE - Community Development
Agency
Recommended Action approved by the Community Redevelopment and
Housing Commission on April 19, 2011 by a 6 -0 vote.
MOTION:
1. Approve the Consolidated Plan Annual Update and authorize the
submittal to the U. S. Department of Housing and Urban
Development.
2. Authorize the City Manager or his designee to make any
necessary modifications to the 2011 -2012 Action Plan to reflect
the actual grant amounts once released by the U. S. Department
of Housing and Urban Development.
CITY COUNCIL MINUTES 12 MAY 2, 2011
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* *END OF CONSENT CALENDAR **
BUSINESS CALENDAR
RESOLUTIONS
55A AMENDMENT TO RESOLUTION NO. 2001 -065 TO PROVIDE FOR
CONTINUATION OF ADDITIONAL PARTIALLY -PAID TEMPORARY
MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO
ACTIVE DUTY - Personnel Services Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2011 -026 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001 -065
TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY -PAID
TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES
CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND
CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS
MOTION: Martinez
VOTE: AYES
PUBLIC HEARINGS
SECOND: Benavides
Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero (6)
NOES:
None (0)
ABSTAIN:
None (0)
ABSENT:
Pulido (1)
75A PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2011 -02
TO ALLOW HEALTH CLUBS IN THE ARTERIAL COMMERCIAL (C5)
ZONING DISTRICT AND VARIANCE NO. 2011 -03 TO ALLOW A
REDUCTION IN PARKING FOR GOLD'S GYM - 1945 EAST
SEVENTEENTH STREET, UNIT 103 — FILED BY BANNICK
ARCHITECTS, APPLICANT - Planning and Building Agency
CITY COUNCIL MINUTES 13 MAY 2, 2011
1 0A -13
Recommended Action approved by the Planning Commission on March
29, 2011 by a 6 -0 vote (Gartner absent).
Legal Notice published in the O.C. Reporter and notices mailed on April 8,
2011.
Continued from the April 18, 2011 City Council meeting by a vote of 6 -0
(Tinajero absent).
Staff report presentation by Jay Trevino, Executive Director of Planning
and Building
• Gold's Gym - Metroplace
• Project Description
• New 42,700 square foot health club
• Exercise facilities
• Weight rooms
• Clothing /equipment retail
• Tenant improvements
• Outdoor pool
• Zoning Ordinance Amendment
• Modify code to allow health clubs in Arterial Commercial (C -5)
zones
• Last update of C -5 zone done in 1980's
• Growth in health clubs (size, enrollment and services) in last 25
years
• Need large retail spaces found in C -5 zones
• Variance
• Variance for reduced parking
• City code not accurate ratio for health clubs
• Shared Parking Analysis identifies existing parking meets demand
• Project Analysis
• Project consistent with General Plan Land Use Element
• Promotes use within a vacant space of existing retail center
• Prominent location on a major arterial and near a major intersection
• Neighborhood Outreach
• Project reviewed at two neighborhood meetings:
• December 2010
• Presentation by Gold's Gym
• March 2011
■ Staff update
• Planning Commission Action
• Held public hearing on March 28th
• Added condition of approval to require security plan
• Recommended approval by 6:0 vote
Public Hearing opened at 9:05 p.m. There were no speakers or written
communication, and the hearing closed.
CITY COUNCIL MINUTES 14 MAY 2, 2011
1 0A -14
MOTION:
1. Place ordinance on first reading and authorize publication of title.
ORDINANCE NO. NS -2819 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41
OF THE SANTA ANA MUNICIPAL CODE ADDING GYMNASIUMS
AND HEALTH CLUBS AS PERMITTED USES IN THE ARTERIAL
COMMERCIAL (C5) ZONING DISTRICT (ZOA NO. 2011 -02)
2. Adopt a resolution.
RESOLUTION NO. 2011 -027 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE
NO. 2011 -03 AS CONDITIONED TO REDUCE THE REQUIRED
PARKING FOR THE PROPERTY LOCATED AT 1945 EAST
SEVENTEENTH STREET, UNIT 103
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Sarmiento, Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
COUNCIL RECESSED AT 9:06 P.M. TO THE COMMUNITY REDEVELOPMENT
AGENCY, FOLLOWED BY THE HOUSING AUTHORITY MEETING; THE CITY
COUNCIL MEETING RECONVENED AT 9:07 P.M. WITH SAME MEMBERS
PRESENT.
COMMENTS
90A CITY MANAGER'S COMMENTS — City Manager Ream thanked the City
Council and Community for 28 years of service to the City of Santa Ana.
90B CITY COUNCILMEMBER COMMENTS
CITY COUNCIL MINUTES 15 MAY 2, 2011
1 0A -15
Councilmember Tinajero:
• Noted that improvements throughout the City, cleanliness, and parks
throughout the City are credited to the legacy and efforts by retiring
City Manager David Ream.
Councilmember Benavides:
• Recognized festivities in celebration of Cinco de Mayo; Ozomatli was
entertainment headliner; and
• Thanked retiring City Manager David Ream for dedication and
contributions to the community; has been stabilizing force for almost 30
years.
Councilmember Bustamante:
• Echoed comments by colleagues on leadership and service by City
Manager Ream; ability to work through difficult situations; blocked bad
development in the early 1980's.
Councilmember Martinez:
• Also thanked City Manager Ream for his service to the community;
• Asked that all participate in the Bike Ride and OC Marathon coming to
Downtown Santa Ana next year;
• Wished all a Happy Cinco de Mayo; thanked Parks, Recreation and
Community Services Agency for successful event over the weekend,
Ozomatli was great entertainment; and
• Appreciate speakers who spoke at tonight's meeting; believe in social
balance as Council represents all residents.
Councilmember Sarmiento:
• Commented on assassination of Osama Bin Laden, congratulated US
President on carrying out that mission;
• Corrected comment made at previous meeting — City is multicultural
and celebrate many cultures and predominately Latino; and
• Asked that staff address the solicitor's permit requirements and
regulations.
Mayor Pro Tern Alvarez:
• Reflected on tragic events on 9/11 and now the killing of Osama Bin
Laden;
• Agenda Item 55A is indicative of City's commitment to our military by
providing extension of benefits for employees that serve our Country;
and
• Wished all a Happy Mother's Day.
CITY COUNCIL MINUTES 16 MAY 2, 2011
1 0A -16
ADJOURNED — 9:37 p.m. - The next meeting of the City
Monday, May 16, 2011 at 5:00 p.m. for the
immediately followed by the Regular Open
Council Chamber, 22 Civic Center Plaza,
Maria Huizar
Clerk of the Council
Sa
Council is scheduled for
Closed Session Meeting
Business Meeting in the
nta Ana, California.
CITY COUNCIL MINUTES 17 MAY 2, 2011
1 0A -17
RILAIWOO,�
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
MAY 9, 2011
CALLED TO ORDER CITY HALL, 8T" FLOOR, ROOM 831
20 CIVIC CENTER PLAZA
SANTA ANA, CA
6:46 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL PULIDO, Mayor
CLAUDIA C. ALVAREZ, Mayor Pro Tem
P. DAVID BENAVIDES
CARLOS BUSTAMANTE
MICHELE MARTINEZ
VINCENT F. SARMIENTO
SAL TINAJERO
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
The Brown Act permits legislative bodies to discuss certain matters without members of the public
present. The City Council finds, based on advice from the City Attorney, that discussion in open session
of the following matter will prejudice the position of the City.
PUBLIC EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section
54957(b)(1) - City Manager
CLOSED SESSION REPORT - Interim City Attorney Straka reported that by a 7 -0 vote, Police
Chief Paul Walters would be appointed Interim City Manager effective June 1, 2011.
ADJOURNED — 7:23 P.M.
Maria Huizar
Clerk of the Council
MINUTES OF SPECIAL MEETING 1 OB -1 MAY 9, 2011
ii[l =
ORDINANCE NO. NS -XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 41 OF THE SANTA
ANA MUNICIPAL CODE ADDING GYMNASIUMS AND
HEALTH CLUBS AS PERMITTED USES IN THE ARTERIAL
COMMERCIAL (C5) ZONING DISTRICT (ZOA NO. 2011 -02)
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find, determine
and declare as follows:
A. The proposed Zoning Ordinance Amendment No. 2011 -02 is to amend the
permitted uses section of the Arterial Commercial (C5) zoning district (Santa
Ana Municipal Code Section 41 -424) to allow gymnasiums and health clubs
as a permitted use.
B. The proposed amendment supports the General Plan policies of
encouraging viable commercial development along arterial streets,
promoting rehabilitation of commercial properties, and supporting
developments that are harmonious with existing development in the area.
Uses such as health clubs and gymnasiums in this zoning district will further
strengthen the City's commercial base and will provide support services to
the surrounding neighborhoods.
C. On March 28, 2011, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt Zoning
Ordinance Amendment No. 2011 -02 to amend Section 41 -424 of the Santa
Ana Municipal Code to allow gymnasiums and health clubs in the Arterial
Commercial (C5) zoning district.
D. Zoning Ordinance Amendment No. 2011 -02 came before the City Council of
the City of Santa Ana for a duly noticed public hearing on April 18, 2011. On
April 18, 2011, the City Council of the City of Santa Ana continued the matter
to May 2, 2011, for first reading to consider all testimony, written and oral.
On May 2, 2011, the City Council of the City of Santa Ana approved by a
vote of 6 -0 (Pulido absent).
E. The City Council adopts as findings all facts presented in the Request for
Council Action dated April 18, 2011, accompanying this matter. For these
reasons, and each of them, Zoning Ordinance Amendment No. 2011 -02 is
hereby found and determined to be consistent with the General Plan of the
11 A -1
City of Santa Ana and otherwise justified by the public necessity,
convenience, and general welfare.
Section 2. Section 41 -424 of the Santa Ana Municipal Code is hereby amended
to read as follows:
Sec. 41 -424. Uses permitted in the C5 district.
The following uses are permitted in the C5 district:
(a) Administrative and professional offices.
(b) Retail and service uses.
(c) Automobile parking lots, but excluding the sale or storage of
automobiles, trucks, trailers, boats, or tractors, whether new or used.
(d) Churches, chapels, mortuaries, and theaters.
(e) Government buildings.
(f) Restaurants and cafes, other than those specified in section 41-
424.5.
(g) Schools and studios operated for commercial or public purposes.
(h) Child care facilities.
(i) The printing, publishing, and circulation of a newspaper, including
plant and office.
(j) Two - family dwellings not exceeding one (1) unit per three thousand
(3,000) square feet of lot area, provided such units front on a
secondary or local street.
(k) Cyber cafes subject to compliance with the requirements of section
41- 198.200.
(1) Gymnasiums and health clubs.
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,
11 A -2
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
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
11 A -3
11 A -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
APPROPRIATION ADJUSTMENT
ACCEPTING THE 2010 -11 CLICK -IT
OR TICKET MINI -GRANT AWARD
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15t Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Approve an appropriation adjustment accepting the 2010 -11 Click -It or Ticket Mini -Grant award in
the amount of $8,064 into the revenue account (account no. 16514002- 52001) and appropriate
same into the 2010 Click -It or Ticket Mini -Grant Overtime expenditure account (account no.
16514415- 61040).
DISCUSSION
The Santa Ana Police Department has been awarded a $8,064 grant from the UC Berkeley Traffic
Safety Center (TSC) for the 2010 Click -It or Ticket Mini -Grant Program. TSC is under contract with
the California Office of Traffic Safety to administer this grant. This grant funding will allow the Police
Department's Traffic Division to enforce seat belt use on an overtime basis. The goal of the project is
to increase seat belt use state wide to 96% by June 5, 2011.
FISCAL IMPACT
Approval of the appropriation adjustment will enhance the 2010 -11 Click -It or Ticket Mini -Grant
Program revenue account (account no. 16514002 - 52001) by $8,064 and increase the same into the
overtime expenditure account (account no. 16514415- 61040).
V�
Paul M. Walters
Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
20A -1
` ll"
1651qq1S_0 1 oqC7 - it y 9o3plo6Y
c�fv' d The Regents of the University of California
�► School of Public Health, Berkeley, GRANT NUMBER
* with Primary Funding from the
California Office of Traffic Safety CT11385
GRANT
1. Title of Program
Next Generation - Click It or Ticket 2010 - 2011
2. Name of Applicant Agency
4. Period of Grant
SANTA ANA, CITY OF
Month - Day - Year
From: 11/15/10
3. university of California Berkeley, Safe Transportation Research and Education Center
DAVID RAGLAND, PRINCIPAL INVESTIGATOR, SAFE TRANSPORTATION RESEARCH AND
To: 06/06/11
EDUCATION CENTER
5. Description of Program
California will initiate "Next Generation — Click It or Ticket" for FY 2011 by conducting: 1) a seat belt enforcement campaign November 15
— 28, 2010 in support of the California Office of Traffic Safety (OTS) mobilization period, 2) a seat belt enforcement campaign May 23 —
June 5, 2011 in support of the national, NHTSA mobilization period. Grant funds will be used to increase the number of hours incurred by
first line supervisors, officers, and clerical /administrative personnel in Santa Ana Police Department to conduct/support seat belt
enforcements in Santa Ana. Incorporated into this grant are attached: Schedule A - Description, Schedule B — Detailed Budget Estimate,
Schedule B -1 - Budget Narrative, and Schedule C -Terms and Conditions,
6. Federal Funds Allocated Under This Grant Shall Not Exceed: $8,064.00
7. Approval Signatures (By signing this oace. Agency agrees to
the terms and conditions which follow and are attached)
A. The Regents of the University of California Authorized
B. Authorizing Official For Applicant Agency
Signature
Name: Jyl Baldwin
Name: David Ream
Title: Associate Director, SPO
Title: City Manager
Phone: 510 642 -8110
Phone: (714) 647 -5200
Fax: 510 642 -8236
Fax: (714) 647 -6956
Address: UC Berkeley Sponsored Projects Office
Address: 20 Civic Center Plaza
2150 Shattuck Avenue, Suite 313
Santa Ana, CA 92701
Berkeley, CA 94720
Email: jbaidwin @berkeley.edu
Email: dream @santa - ana.org
(Signature) (Date)
(Signature) (Date)
C. Agency Office Authorized to Receive Payments
D. Optional: Individuals Authorized to Sign Claims (in
addition to the Authorizing Official for Applicant Agency)
Agency: Santa Ana, City of
Name: Douglas McGeachy Title: Traffic Commander
Phone: (714) 647 -5431
Office: Finance Department
Address: 20 Civic Center Plaza
(Signature) (Date)
Santa Ana, CA 92701
Name: Francisco Gutierrez Title: Director of Finance
Tax ID #: 95- 6000785
Contact Person: Florlyn Palacol
Email: fpalacol @santa- ana.org
(Signature) (Date)
U01
all "W
Santa Ana, City of
Schedule A - Description
Next Generation - Click It or Ticket
Grant No. M1385
GOAL
To increase seat belt use, statewide, to 96% by 2011.
PROJECT OBJECTIVES
1. Conduct a seat belt enforcement campaign during each of the Next Generation mobilization periods
November 15 — 28, 2010 and May 23 — June 5, 2011.
2. Conduct pre- and post - operational seat belt compliance surveys for each of the Next Generation mobilization
periods. Personnel time and any costs required to conduct the surveys will be considered as the agency's
contribution to the mini -grant and will not be reimbursed.
3. Have the individual who will be conducting occupant protection roll call training complete the pre - operational
training.
4. Ensure that officers who participate in the enforcement activities receive occupant protection roll call training (to
ensure familiarity with the California Vehicle Code provisions covering occupant restraint).
5. Report statistics for each mobilization:
Number of seat belt citations by mini - grant - funded officers
Number of "other" types of enforcement actions (citations and tows) by mini - grant- funded
personnel
Additional reporting for the mobilization periods;
Description of the enforcement strategy (i.e., saturation patrol and /or enforcement zone)
Number of overtime hours by personnel classification
Pre- and post - mobilization seat belt use survey results
Number of seat belt citations by the department in the same time period as the mini - grant - funded work
Number of "other" types of enforcement actions (citations and tows) by the department in the same
time period as the mini - grant - funded work.
6. Prepare claims in accordance with Schedule B -i — Budget Narrative. The grant covers only overtime personnel
costs. Other direct costs are not reimbursable. Indirect costs are not reimbursable.
7. Submit a final claim by July 15, 2011.
8. Certify by signing the November 2010 and May - June 2011 mobilization reports that an occupant protection roll
call training session(s) was conducted.
411"'T
Santa Ana, City of
Schedule A - Description (continued)
Next Generation - Click It or Ticket
Grant No. CT11385
1. Issue a press release prior to each of the mobilization periods.
2. Embargo the mobilization period press release until the day of the California Office of Traffic Safety (OTS) press
release (to be determined).
3. When using the OTS press release template provided by SafeTREC, forward press releases, media advisories,
alerts, and other press materials to SafeTREC concurrently with distribution to the media. If any other press
release format or copy is used, submittal of the press release to the OTS Public Information Officer at
pio _ots.ca.aov is reauired for his review and approval at least 14 days in advance of the mobilization. The
approved press releases must also be sent to the SafeTREC.
4. Use the following standard language in all press, media, and printed materials: "Funding for this program was
provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety
Administration."
November - December 2010
1) The individual(s) responsible for the occupant protection roll call training complete the SafeTREC pre - operational
training. The program coordinator or designee must complete the test.
2) Hold occupant protection roll call training.
3) Complete a pre- operational seat belt compliance survey in the week before the mobilization period, i.e.,
November 8 -14. (Note: Pre- and Post- Operational Surveys are not covered by the grant)
4) Issue a press release using the OTS template to announce the mobilization.
5) Conduct the mobilization in November 15 — 28.
6) Complete a post - operational seat belt compliance survey in the week after the mobilization, i.e., November 29 —
December 5,
7) Submit the November mobilization report to the SafeTREC (using their on -line reporting system) no later than
December 31. Send the signed report to the SafeTREC.
oaae
20A -5
Santa Ana, City of
Schedule A - Description (continued)
Next Generation - Click It or Ticket
Grant No. CT11385
May — June 2011
8) Hold occupant protection roll call training during the May 23 — June 5, 2011 mobilization.
9) Complete a pre - operational seat belt compliance survey in the week before the mobilization period, i.e., May 16-22.
10) Issue a press release using the OTS template to announce the mobilization. Embargo the press release until the
day of the OTS press release (to be determined). If the OTS template is not used, submit the proposed press
release to the OTS Public Information Officer at least 14 days in advance for his review and approval.
11) Conduct the mobilization in May 23 — June 5.
12) Complete a post - operational seat belt compliance survey in the week following the mobilization, i.e., June 6 -12.
13) Submit the May - June mobilization report to the SafeTREC no later than June 30 using their on -line reporting
system. Send the signed report to the SafeTREC.
July 2011
14) Submit the final claim by July 15, 2011.
Throughout Grant Period
15) Send to the SafeTREC the press releases for the mobilization periods.
16) Send to the SafeTREC any news articles, press conference descriptions, radio ads, etc. describing the grant
funded enforcements including any other enforcement opportunities that resulted from the effort.
411,
Santa Ana, City of
Schedule B - Detailed Budget Estimate
Next Generation - Click It or Ticket
Grant No. CT11385
The total claim amounts must not exceed the grant total of $8,064.00.
Schedule B -1 - Budget Narrative
Santa Ana, City of will be reimbursed up to the limit stated in Schedule B — Detailed Budget Estimate.
Overtime reimbursement will reflect actual costs (overtime hourly rate and overtime hourly benefit rates) of the
personnel conducting the seatbelt enforcements. Other direct costs are not reimbursable. Indirect costs are aQL
reimbursable.
Only employee fringe benefits earned as a percentage of hourly pay and are allowed. Benefit costs for overtime
hourly rates are always lower than benefit costs for regular hourly rates.
Budgeted grant activities will be conducted by personnel on an overtime basis. The mini -grant covers only the costs
of police department personnel. Mini - grants do not cover contractual services (with the exception of contract cities).
Grant - funded operations may be conducted by personnel such as an officer, sergeant, corporal, deputy, community
services officer, dispatcher, clerical /administrative, etc. depending on the titles used by the agency. Personnel will be
deployed as needed to accomplish the grant goals and objectives. Costs for preparing claims are not reimbursable.
Clerical /administrative /CSO time incurred during and following enforcements are reimbursable for overtime work on
administrative duties including, but not limited to, the collection /reporting of seat belt enforcement data.
Reimbursements are contingent upon the following (note: exceptions must be approved by SafeTREC):
i. The enforcement statistics are reported using the SafeTREC's on -line reporting system.
ii. The mobilization press releases are issued for each mobilization.
iii. The pre- and post - operational seat belt compliance surveys are performed for each of the mobilizations.
iv. The claims do not exceed the award amount.
V. The claim form is correctly filled out, using the SafeTREC Excel -based claim form.
vi. The information in the overtime slips and the ledger report are consistent and fully support the claim.
vii. A ledger report(s) supporting the claim amount is attached to the claim. Only source documents are
accepted to support the claim amount. Explanatory documentation such as spread sheets may be submitted
to provide additional information but cannot be accepted in lieu of a ledger report(s).
viii. Contract cities only: A contract city must also provide the sheriff's department's invoice to the
contract city for the seatbelt enforcement overtime costs described in the contract city's claim. The
invoice (or an attachment to the invoice) must contain the contract rates that are the basis for the
sheriffs department's invoiced amount. The contract city must provide a ledger report showing payment
of the invoice amount. If a sheriffs department or police department is administering the mini -grant for a
contract city, then that administering agency must provide the ledger report only.
ix. The claim is signed by the Authorizing Official (Box B of the grant cover page) or Individuals Authorized to
Sign Claims (Box D) as designated in the grant cover page.
X. Changes in the Authorizing Official of the Applicant Agency or the designation of any other additional
individual(s) to sign claims are documented in accordance with SafeTREC documentation requirements.
oaae
20A -7
Santa Ana, City of
Schedule C - Terms and Conditions
Next Generation - Click It or Ticket
Grant No. CT11385
A. INDEMNIFICATION
Applicant Agency agrees to indemnify, defend, and save harmless the State of California, its officers, agents, and
employees, the Regents of the University of California, its officers, agents and employees from any and all claims and
losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm,
or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this
grant, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be
injured or damaged by Applicant Agency in the performance of this grant.
B. GOVERNING LAW
This Grant shall be governed by and construed in accordance with the laws of the State of California.
C. NON - ASSIGNABILITY
The obligations of the applicant agency under this Grant are not assignable to any third party
D. USE OF UNIVERSITY NAME/TRADEMARKS
Applicant Agency shall not use the name of the University of California or any abbreviation thereof, or any name of
which "University of California " is a part, or any trademarks of the University, in any commercial context, such as may
appear on products, in media (including web sites) and print advertisements in cases when such use may imply an
endorsement or sponsorship of the Applicant Agency, its products or services. All uses of the University's name and
trademarks, therefore, must first receive prior written consent of The Regents of the University of California through
the Office of Marketing & Business Outreach. This policy is in compliance with the State of California Education Code
Section 92000.
E. TERMINATION
Each party has the right to suspend, terminate or abandon the execution of any work by the Applicant Agency without
cause at any time upon giving prior written notice. In the event that this grant is suspended, terminated or
abandoned, the Regents of the University of California shall pay the Applicant Agency for services provided
hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be
computed in accordance with the Schedule B - Detailed Budget Estimate, provided that the maximum amount
payable to the Applicant Agency for its services shall not exceed the Grant Total on Schedule B for services provided
hereunder prior to the effective date of suspension, termination, or abandonment.
F. STATE OF CALIFORNIA TERMS AND CONDITIONS
Applicant Agency agrees to abide by the General Terms, Conditions, and Certifications contained in OTS Grant
Program Manual, Chapter 6, Exhibit 6-A www.ots.ca.gov.
page 6
qjhlff;7
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
CONTRACT AWARD TO BLAUER
MANUFACTURING COMPANY FOR
PERSONAL PROTECTIVE SUITS
(SPEC. NO. 11 -027)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 15SReading
❑ Ordinance on 2"dReading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Award a contract to Blauer Manufacturing Company, Inc. for Level 3 certified protective suits in an
amount not to exceed $1,004,850.
DISCUSSION
The United States Department of Homeland Security, Office of Grants and Training has developed
the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance
the domestic preparedness of urban areas by ensuring that all emergency first responders have
adequate and appropriate equipment to prevent, respond to, and recover from acts of
terrorism. Santa Ana has been designated as an Urban Area Core City for the ninth year. The City of
Santa Ana has fiscal responsibility for the FY09 UASI Grant for the Anaheim /Santa Ana Urban Area
which encompasses 34 jurisdictions in Orange County.
Over the past three years, the Orange County Operational Area (OCOA) has been outfitted with new,
CBRN (Chemical, Biological, Radiological, and Nuclear) Certified personal protective ensembles
(protective suit & gas mask) from the Blauer Manufacturing Company. The protective ensemble was
selected as a result of a gap analysis identifying the necessary level of protection when responding to
a CBRN event/attack. In such an event the role of Law Enforcement and Fire personnel would be;
scene control, evidence preservation, and decontamination. This type of activity would take place in
the "warm zone" which requires a minimum of Level 3 protection per the National Fire Protection
Agency (NFPA) 1994 (2007 Edition) regulation.
At the time the original suits were purchased in 2009, Blauer was the sole supplier in the nation that
could provide a one - piece, single- mission, multiple donning /doffing, NFPA 1994 (2007 Edition) CBRN
certified Level 3 protective suit. The Los Angeles region law agencies and San Diego region law
agencies have also purchased the Blauer suit.
22A -1
Contract Award for Protective Suits
May 16, 2011
Page 2
Currently, every law enforcement and fire agency within the Orange County Operational Area
(OCOA) has been trained in the use of and supplied with a quantity of initial Blauer response suits
and masks. In the event of a large or extended CBRN related incident, the current stock of suits
would be rapidly depleted and our Los Angeles mutual aid agencies may not have the ability or
resources to supply our responders. The Santa Ana Police Department intends to establish an
adequate cache of Blauer protective suits (CBRN Certified, Level 3) which would be stored in specific
police /fire stations and /or Incident Response Trailers strategically placed throughout the OCOA.
Interoperability is critical when resources are needed in which responders are already trained with the
Blauer suit. As such, the Police Department has provided sole source criteria and staff recommends
awarding Blauer Manufacturing Company, Inc. the contract to enhance sustainment and protection
capabilities for our region's first responders. Upon award of the contract, the City of Santa Ana as the
lead purchasing agent will work to purchase and distribute the protective suits to all 34 jurisdictions
within Orange County.
FISCAL IMPACT
Funds are available in the FY 2009 UASI Grant fund account (accounting no. 12514407-66400-
10427101186- 3496).
APPROVED AS TO FUNDS AND ACCOUNTS:
(:4� �--
Paul M. Walters
Chief of Police
Police Department
KM
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
22A -2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
CONTRACT AWARD FOR POLICE AND
FIRE DEPARTMENT UNIFORMS
(SPEC. NO. 06 -059, 06 -168)
-�L
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Renew the contracts for Police and Fire Department uniforms for a one -year period in the annual
aggregate amount not to exceed $190,000 annually.
Carmen's Uniforms, Inc.
Galls, an Aramark Co., LLC
DISCUSSION
The Santa Ana Police Department and Fire Department require uniforms to outfit approximately 600
Police and 216 Fire personnel. Uniforms identify department personnel by assigned duties and give a
professional appearance. In addition, other agencies provide uniforms, shirts and miscellaneous
items such as belts and boots for their normal operations and to comply with safety requirements.
On July 3, 2006, City Council awarded contracts to two vendors for a three -year period with provision
for two one -year renewals for Police uniforms. Additionally, on December 4, 2006, City Council
awarded contracts to the same two vendors with same terms and provision for the Fire Department.
Both vendors have agreed to renew the contracts; however the vendors have requested a four
percent increase. The vendors have performed satisfactorily during the past contract period which
included a 10 month extension to fully utilize the contract funds. Staff recommends the final renewal
of the contract.
22B -1
Contract Renewal for Police and Fire uniforms
May 16, 2011
Page 2
FISCAL IMPACT
Funds are available in the Police Property & Facilities Miscel. Operating Expenses account
(no.01114450- 63001) and Fire Department Uniforms & Tools account (no. 01115360- 63100).
1
Paul M. Walters
Chief of Police
Police Department
Dave Thomas
Fire Chief
Fire Department
KM
G
I
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agencyr;�
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
PARKING LOT AND PARKS ❑ As Recommended
IMPROVEMENTS (PROJECT NOS. ❑ As Amended
117530, 118014, 107560, 107559, El Ordinance on Reading
El on 2nn d Reading
112607, 117529, 117534 AND 117535) ❑ Implementing Resolution
AND COOPERATIVE AGREEMENT ❑ Set Public Hearing For_
CONTINUED TO
4,4 a,��
CITY MANAGER
RECOMMENDED ACTION
FILE NUMBER
1. Award a contract to Ben's Asphalt, Inc., the lowest responsible bidder, in accordance with unit
bid prices in the estimated amount of $879,621.50 for construction of Parking Lot and Parks
Improvements, and authorize the City Manager to execute change orders in an amount up to
the approved contingency amount.
2. Approve a Funding Analysis with a total estimated construction cost of $1,120,000.
3. Approve an Appropriation Adjustment recognizing $55,286 in the Parks Acquisition &
Development Fund Account (31313260- 66220) for Sandpointe Park Pavement Improvements.
4. Authorize the City Manager and the Clerk of the Council to execute the attached Cooperative
Agreement with the Community Redevelopment Agency of the City of Santa Ana (Agency) in
the amount of $262,725, subject to non - substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
The parking lots at Campesino, El Salvador, and Rosita Parks, the Southwest Senior Center, and
northeast corner of 3rd and Bush Streets in the Downtown have deteriorated due to weather, age,
and usage. The same has happened to walkways at Memorial, Madison and Sandpointe Parks
and to sports courts at Memorial Park (Exhibit 1). This project is to provide slurry seal, asphalt
concrete overlay or reconstruction of parking lots, walkways and sports courts. In addition, the 3rd
and Bush Streets parking lot lighting will be upgraded to comply with current lighting codes. Once
completed, these improvements will enhance the surface quality and visual appearance of the
parking lots, sports courts, and walkways.
The public metered surface parking lot at 3rd and Bush Streets is owned by the Community
Redevelopment Agency; therefore, the cooperative agreement provides for the Agency to fund the
cost of the improvements to the public
i;A-
&rlyng1lot. Based on the terms of the cooperative
Parking Lot and
May 16, 2011
Page 2
Park Improvements
agreement, the Redevelopment Agency will reimburse the City for all improvements to the parking
lot, including the future landscaping and upgraded irrigation which will be contracted for separately.
The public parking lot is located within the Merged Project Area.
The Notice Inviting Bids was advertised on March 30, 2011, and bids were opened on April 20,
2011. A summary of the bid invitations mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 13
Contractors requesting bidding documents: 20
Bids received: 5
Bids received from Santa Ana Contractors: 2
NAME OF RESPONSIVE BIDDER
CITY
BID AMOUNT
1.
Ben's Asphalt, Inc.
Santa Ana
$879,621.50
2.
Unique Performance Const. Inc.
Costa Mesa
$956,020.00
3.
Fleming Environmental, Inc.
Fullerton
$959,722.00
4.
Hardy & Harper, Inc.
Santa Ana
$1,111,000.00
5.
Excel Paving, Co
Long Beach
$1,238,020.00
Notice Inviting Bids were sent to Santa Ana contractors and two of the contractors submitting bids
were Santa Ana contractors.
A total of five bids were received and all were responsive. The lowest bid was submitted by Ben's
Asphalt, Inc., a Santa Ana Contractor, for $879,621.50, which is above the Engineer's estimate of
$808,494.
ENVIRONMENTAL IMPACT
Environmental Review Nos. ER- 2010 -48, ER- 2010 -50, ER- 2011 -21 and ER- 2011 -33 have been
completed and Notices of Exemption have been filed for the Projects pursuant to the California
Environmental Quality Act. In addition, Certificates of Categorical Exclusion and Statutory
Worksheets have been prepared in accordance with the National Environmental Quality Act.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of $1,120,000 for the project
(Exhibit 2). Funds are available in the Community Development Block Grant Funds (accounting
unit 13518783 - 66220), Capital Improvements Funds (accounting unit 57018830 - 66220) and Park
Acquisition & Development Fees Funds (accounting unit 31313260- 66220).
I--,, r
Raul Godinez II Gerardo Mouet
Executive Directo Executive Director
Public Works Agency Parks, Recreation, and Community Services
23A-2gency
Parking Lot and Park Improvements
May 16, 2011
Page 3
APPROVED AS TO FUNDS AND ACCOUNTS:
""h " UJ X uuj 6u—� A-�3zn 1 k a
Nancy T. wards Francisco Gutierrez
Interim Ex utive Director Executive Director Cf h
Community Development Agency Finance & Management Services Agency
RGNVA
Exhibit 1: Project Location Map
2: Funding Analysis
3. Cooperative Agreement
23A -3
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23A -4
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SANTA ANA
P■ A ■ AGENDACOUNCIL 'T NM IM, 118014 107580,107566, °: ` I` `i
l M DATE: C300P�fATNE AND 117 AND
PUBLIC WORKS AGENCY MAY 16, 2011 n A A r
FUNDING ANALYSIS
PROJECT NOS. 117530, 118014, 107560,
107559, 112607, 117529, 117534 AND 117535
PARKING LOT AND PARK IMPROVEMENTS
Construction Contract
Contract Administration
Inspection and Testing
Survey Staking
Contingencies
TOTAL ESTIMATED CONSTRUCTION COSTS
Exhibit 2
23A -7
$879,621
$21,870
$70,000
$40,000
$108,509
$1,120 M00
�*Ulffoe,�
COOPERATIVE AGREEMENT BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY
AND THE CITY OF SANTA ANA FOR
CONSTRUCTION IMPROVEMENTS AT THE THIRD AND
BUSH SURFACE PARKING LOT
THIS COOPERATIVE AGREEMENT is entered into this 16th day of May, 2011, by and
between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a
public body corporate and politic (the "Agency "), 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 (the "City ").
WITNESSETH
A. The Agency is undertaking certain activities necessary for the execution of the City
of Santa Ana redevelopment projects (the "Projects ") under the provisions of the California
Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to
the redevelopment plans for the Projects.
B. The Agency desires to contract with the City for the City to provide for the
construction of public improvement projects which, in this case, will consist of the capital
improvements to the Agency -owned parking lot at Third and Bush Street ( "Parking Lot ") located
within the Merged Project Area (Central City Project Area). Such work will be referred to
hereinafter as "Publicly Owned Improvements" in connection with the Agency's redevelopment
activities within the Merged Project Area
C. The Agency is willing in connection with the provision of such Publicly Owned
Improvements by the City, to pay for a portion of the total construction costs of such Publicly
Owned Improvements.
D. The City has initially paid or will initially pay for said Publicly Owned
Improvements on the condition that the Agency contribute to the costs of such construction work on
the Publicly Owned Improvements.
E. The City and Agency by resolution have each found that the use of Agency
redevelopment funding for the Publicly Owned Improvements included herein is in accordance
with Section 33445 and 33445.1 of the Community Redevelopment Law ( "CRL ") and other
applicable law. Such Council and Agency resolutions dated March 1, 2011, are each based on the
authority, with the consent of the Council, to pay all or part of the cost of the installation and
construction of any building, facility, structure, or other improvement which is publicly owned,
either within or outside a Project Area, if the City Council makes certain determinations.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1
SCOPE OF WORK
A. The City will be contracting with the lowest and best bidder to perform the Parking Lot
construction improvements pursuant to plans and specifications to be prepared by the City. The
work consists of capital improvements to the parking lot that includes resurfacing, new landscaping,
upgrading the irrigation system, enhancing the parking equipment and upgrading the lighting to
comply with current codes. The Agency is also seeking to upgrade the equipment by removing the
individual parking meters and installing a single pay station that will service the entire Parking Lot.
B. It is the responsibility of the City to pay all development and construction costs in
connection with these Publicly Owned Improvements from funds paid to the City by the Agency
under this Agreement.
C. The Agency authorized the City to collect all parking revenues from said Parking Lot on
behalf of the Agency and all money deposited in said parking meters /pay station shall be
deposited in a special fund, to be known as the 'Parking Meter Fund," and shall be used
exclusively for the purchase, installation, maintenance, repair, servicing and policing of said
parking meters and pavement markings in the traffic zones wherein parking is regulated or
controlled by parking meters for the proper regulation of traffic, the elimination of traffic
violations upon the public streets of the city, for the elimination of traffic hazards, the
realignment, improvement and widening of streets to expedite orderly traffic movement, the
purchase, installation and maintenance of mechanical traffic - control devices, and the purchase or
lease and operation of land for off - street parking within
the City, or any of them, as the council may determine.
D. The City shall perform its obligations hereunder in accordance with all applicable
provisions of federal, state and local laws, including its obligation to comply with environmental
laws such as CEQA, and shall timely complete the work required for the Publicly Owned
Improvements referenced herein.
2. COMPENSATION AND METHOD OF PAYMENT
The Agency shall contribute to the construction of the Publicly Owned Improvements in an
amount not to exceed Two Hundred Sixty Two Thousand Seven Hundred Twenty Five Dollars
($262,725.00), with the breakdown of project costs as shown in Exhibit A attached hereto and
incorporated herein. The Agency shall pay the City the actual cost incurred by the City for the
Publicly Owned Improvement construction work set forth in Section 1. The amount to be paid by
the Agency hereunder shall be paid in the same fiscal year as the year in which the debts are
incurred by the City.
LIABILITY AND INDEMNIFICATION
In contemplation of the provisions of Section 895.2 of the Government Code of the State of
2
California imposing certain tort liability jointly upon public entities solely by reason of such entities
being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between
themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will
each assume the full liability imposed upon it, or any of its officers, agents or employees by law for
injury caused by negligent or wrongful act or omission occurring in the performance of this
Agreement to the same extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above - stated purpose each party indemnifies and holds harmless the
other party for any loss, costs or expense that may be imposed upon such other party solely by
virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made
a part hereof as if fully set forth herein.
4. SEVERABILITY
If any term, provision, covenant or condition of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall
continue in full force and effect unless the rights and obligations of the parties have been materially
altered or abridged by such invalidation, voiding or unenforceability.
TERMINATION
This Agreement may be terminated by the Agency upon sixty (60) days written notice of
termination. In such event, City shall be entitled to receive and the Agency shall pay City
compensation for all services performed by City prior to receipt of such notice of termination.
However, as a condition of such payment, the Executive Director may require City to deliver to the
Agency all work product completed as of such date, and in such case such work product shall be the
property of the Agency unless prohibited by law, and City consents to the Agency's use thereof for
such purposes as the Agency deems appropriate.
6. EFFECTIVE DATE OF AGREEMENT
This Agreement shall take effect from and after the date of adoption and approval by the
City and the Agency pursuant to official action of the governing bodies thereof and shall be
effective for a duration not to exceed the time necessary for the City to complete the work and for
the Agency to pay the City in full, unless terminated as set forth hereinabove. This Agreement shall
apply to all activities carried out by the City as set forth in Section 1 hereto.
7. BINDING ON SUCCESSORS
Unless terminated pursuant to section 5, this Agreement shall be binding on and shall inure
to the benefit of all successors and assigns of the parties, whether by agreement or operation of law.
3
23A -11
IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement the date
and year first above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
ATTEST:
Maria D. Huizar
Secretary
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney /Agency General
Counsel
By: Lisa E. Storck
Assistant City Attorney /Assistant Counsel
CITY OF SANTA ANA
By
David N. Ream
City Manager
COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA
By:
Nancy T. Edwards
Interim Executive Director
23A -12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
CONTRACT AWARD FOR CONCRETE
STREET WATER MAIN IMPROVEMENT
(PROJECT NO. 116406)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 15f Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a contract to Kana Pipeline, Inc., the lowest responsible bidder, in accordance with unit
bid prices in the estimated amount of $723,755 for construction of Concrete Street Water Main
Improvements.
2. Approve a Funding Analysis with a total estimated construction cost of $904,700.
DISCUSSION
This project provides for replacement of deteriorated and undersized water mains at various
concrete streets (Exhibit 1). The improvements include installation of new water mains, fire
hydrants, main gate valves, and water services. Once completed, breaks and leaks associated
with the older and deteriorated water mains will be eliminated, and water service capacity and fire
protection will be enhanced.
The Notice Inviting Bids was advertised on March 11 and 14, 2011, and bids were opened on April
12, 2011. A summary of the bid invitations mailed, the bids received, and the bid results follows.
Santa Ana Contractors receiving notices: 8
Contractors requesting bidding documents: 26
Bids received: g
Bids received from Santa Ana Contractors: 0
23B -1
Contract Award For Concrete Street
Water Main Improvements
May 16, 2011
Page 2
NAME OF RESPONSIVE BIDDER
CITY
BID AMOUNT
1.
Kana Pipeline, Inc.
Placentia
$723,755.00
2.
Dominguez General Engineering, Inc.
Rosemead
$748,000.00
3.
T.E. Roberts, Inc.
Tustin
$759,899.00
4.
J. De Sigio Construction, Inc.
Baldwin Park
$767,105.00
5.
J. A. Salazar Construction & Supply Corp.
La Habra
$886,542.50
6.
Mike Bubalo Construction Company, Inc.
Baldwin Park
$931,100.40
7.
Paulus Engineering, Inc.
Anaheim
$961,959.00
8.
Vido Samarzich, Inc.
Alta Loma
$1,028,677.50
9.
Garcia Juarez Const. Inc.
Brea
$1,286,200.00
While the City made outreach efforts to Santa Ana contractors regarding the Notice Inviting Bids,
no contractors from Santa Ana submitted bids. A survey was taken from randomly selected
contractors. The Santa Ana contractors responding to the survey did not submit a bid either
because they do not perform this type of work or they were not able to submit a bid that would be
competitive.
A total of nine bids were received and all were responsive. The lowest bid was submitted by Kana
Pipeline, Inc. for $723,755, which is below the Engineer's estimate of $950,000.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review. Categorical Exemption Environmental Review No. 2010 -151 has been filed for
this project.
FISCAL IMPACT
The funding analysis shows a total estimated construction cost of $904,700 for the project
(Exhibit 2). Funds are available in the Water Utility Capital Projects Funds (accounting unit
06617647- 66301).
r
Raul Godinez II
Executive Director
Public Works Agency
RG /ET
Exhibit 1: Project Location Map
2: Funding Analysis
W
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez y�43
Executive Director
Finance & Management Services Agency
FUNDING ANALYSIS
PROJECT NO. 116406
CONCRETE STREET WATER MAIN IMPROVEMENT
Construction Contract $723,755
Contract Administration $28,570
Inspection and Testing $60,000
Survey Staking $20,000
Contingencies $72,375
TOTAL ESTIMATED CONSTRUCTION COSTS 904 700
Exhibit 2
W
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
AMENDMENT TO AN AGREEMENT FOR
GEOFILE DATASET MAINTENANCE
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
a,.,. /4) CONTINUED TO
" - FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to
execute an amendment to the agreement with GIS Data Resources, Inc. for the updating, enhancing
and maintenance of the Santa Ana Fire Department geofile datasets, in an aggregate amount not to
exceed $32,500.
DISCUSSION
On February 20, 2007 the City Council approved entering into an agreement (A- 2007 -044) with GIS
Data Resources, Inc. (GDR). GDR has a high - quality geofile which is used in the Santa Ana Fire
Department's computer aided dispatch (CAD) system. Amending this agreement ensures the Fire
Department's CAD system has the most accurate information, and that our CAD system continues to
run seamlessly. Agreement A- 2007 -044 for $115,000 is being amended to extend the agreement for
FY 2011/12 at a cost of $32,500.
FISCAL IMPACT
Funds for FY 2010/11 are available in the Fire Department's Information Technology, Other Contract
Services - Professional account (account no. 0111534062300).
David Thomas
Fire Chief
Fire Department
APPROVED AS TO FUNDS AND ACCOUNTS:
A Nr-� L,�-
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
25A -1
25A -2
FIFTH AMENDMENT TO AGREEMENT
THIS FIFTH AMENDMENT TO AGREEMENT is entered into on June 30,
2011, by and between GIS Data Resources, a California corporation ( "GDR ") and the
City of Santa Ana, a charter city and municipal corporation of the State of California
( "City ").
RECITALS:
A. The parties entered into Agreement #A -2007 -044, dated January 26, 2007,
(hereinafter "said Agreement ") by which CDR has provided maintenance and support
of the GIS data tracking software containing the public safety geofile. There have
been four (4) subsequent Amendments to said Agreement extending the term thereof
and the compensation paid and adding additional services to be provided by GDR.
B. In accordance with the terms and conditions of said Agreement, the parties wish to
extend the term of said agreement at an agreed upon compensation to provide
maintenance and support during the extended term.
WHEREFORE, in consideration of the covenants contained in said Agreement #A -2007-
044 as previously amended, and subject to all the terms and conditions of said Agreement
as amended, except those amended in this Fifth Amendment to Agreement, the parties
agree as follows:
1. Section 1, "Definitions ", subsection (e), "Statement of Work" or "SOW" shall be
amended to add the following:
"For the term of this contract extension, i.e., July 1, 2011 through June 30, 2012,
the SOW shall consist of those services as set forth in the `Proposal /Work
Authorization' No. 2112R dated 3/2/11 as attached hereto as Exhibit `F' and
incorporated herein by reference, as well as apy other ongoing services under the
original Agreement #A- 2007 -044 as well as any Amendments thereto."
2. Section 2 (a) shall be amended to state that the compensation for maintenance and
support of the GIS data tracking software as set forth in the SOW shall not exceed
$32,500, as set forth in Exhibit "F" hereto. If the City Council fails to allocate funds
for the software maintenance and support in the annual Santa Ana Fire Department
budget, said Agreement shall terminate at the conclusion of the term and shalt not
automatically renew for another one -year term.
3. Section 3, TERM, shall be amended to extend the term of the Agreement to be July 1,
2011 to June 30, 2012, subject to the Council's approval of funding for the 2011 -2012
fiscal year, as set forth in Section 2(a), above.
25A -3
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 Fifth Amendment to
Agreement on the date and year first written above.
ATTEST:
Maria D. Iluizar
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH S`i`RAKA
Acting City Attorney
By:
Melissa M. Crosthwaite
Deputy City Attorney
25A-4
CITY OF SANTA ANA
DAVID N. REAM
City Manager
GIS DATA RESOURCES, INC.
HONGYAN HELEN DUAN
President
GIs Data Resources, Inc.
GDR Office:
Proposal / Work Authorization No: 2112R
Date: 3/2/11
X 101 Lucas Valley Rd., Ste. 200, San Rafael,CA 94903 • Tel (415) 884 -4437 • FAX (415) 884 -4407
18215 Pine Vista Place, Colorado Springs, CO 80908 • Tel (719) 219 -9637 • FAX (415) 884 -4407
7240 Clements Ave., Gloucester VA 23061 • Tel (804) 695 -9339 • FAX (415) 884 -4407
Job Name:
Customer:
Santa Ana Fire GDR Rep: Tony Alex, Executive Vice President
Santa Ana Fire
Address:
Santa Ana
Contact:
Dave Turner (714) 395 -9670
Phone:
E -Mail: DTurner0bsanta- ana.orp
Project Description:
One year of 4 quarterly maintenance updates for the year June 2011 - May 2012 and lease of the previous build of the public
safety geofile for the City of Santa Ana, CA Fire Department. File to be Tritech CAD and AVL compliant.
State Plane
Projection:
Zone:
Units:
Datum:
Spheroid:
CAL Spatial Extents: A one mile buffer around the City of Santa Ana
TBD Project boundary GIS file:
TBD
TBD Delivery Schedule Dates: Initial: TBD
TBD Final: TBD
TBD
Data Source
Data Set
Type
County /City CAD Vendor Other
GDR
Deliverable
Cost
Streets
Lines
Railroads
Lines
Police Boundaries
Polygons
Hydrology
Polygons
City Boundaries
Polygons
5 mile buffer
Lines
Fire Boundaries
Polygons
Parcels
Polygons
Addresspoints
Points
Imagery
Tiff
Routing Attributes
Attributes
Building Footprints
Polygons
Towing Boundaries
Polygons
ZIP Codes
Polygons
Hydrant
Points
MDU
Points
Consumer & Business
Data
Common Place
Geocode
Miscellaneous
Maintenance:
1 year maintenance
$32,500.00
Annual Lease
Waived (1 year only as per David Fearheller)l
waived
Total Cost 1 year Maintenance ( Four quarterly maintenance cycles in 3 month intervals) $32,500.00
Terms of License: See GDR's End -user License Agreement
Maintenance: See above
Payment Schedule: Due upon receipt
Price Valid Until:
Payment Terms: Due upon receipt
Note: Delinquent accounts
will be subject to a late fee of 2% per month.
GIS Data Resources, Inc. Jurisdiction:
Name: Tony Alex Name:
Title: Ex. Vice President Title:
By: EXHIBIT F By:
Date: 3/2/2011 Date:
Price valid for 120 days
25A -5
aVlffl,
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
AGREEMENT FOR COMPREHENSIVE
PHYSICAL EVALUATIONS, HEALTH
SCREENING AND VACCINATIONS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2 "6 Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached first amendment, to the
agreement with Tustin - Irvine Medical Group, subject to non - substantive changes approved by the City
Manager and City Attorney, in an amount not to exceed $70,000.
DISCUSSION
The City requires annual comprehensive physical evaluations for the Fire Department's sworn personnel.
The program provides one -on -one feedback, including recommended programs for physical improvements,
methods to assist in the early detection and treatment of illnesses or injuries and to assist in minimizing time
lost from them. In FY 2009/10 City Council approved an agreement with the Tustin - Irvine Medical Group to
provide these evaluations. In addition, the Personnel Services Agency, Risk Management Division, uses
Tustin - Irvine Medical Group to evaluate and treat employees who may be exposed to communicable
diseases. Also included in this agreement are annual low cost flu vaccinations for City employees, provided
by the Personnel Services Agency, Employee Benefits Section.
FISCAL IMPACT
Funds are budgeted in the fiscal year 2011 -12 Fire Department, Fire Suppression, Contractual Services -
Professional account (acct. unit 0111533062300, $55,000) and the Personnel Services, Risk Management,
Contracted Vendor Personnel Services (acct. unit 0820905462302, $10,000); and Employee Group
Benefits, Benefit Payments Wellness account (acct. unit 0810905364092, $5,000).
David Thomas
Fire Chief
Fire Department
Kathie Gonzalez
Executive Director
Personnel Services Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director ,
Finance & Management Services Agency
25B -1
G
I
SECOND AMENDMENT TO AGREEMENT
THIS SECOND AMENDMENT TO AGREEMENT is entered into on I` day of July,
2011, by and between Tustin Irvine Medical Group, a professional corporation ( "Consultant')
and the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California ( "City").
RECITALS:
A. The parties entered into that certain Agreement, dated August 3, 2009,(A- 2009 -110),
(hereinafter "said Agreement') by which Consultant has provided physical examination and
treatment services to all sworn Fire personnel and select Police personnel .
B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the
term of the Agreement for an additional one -year period.
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 3, TERM, shall be amended to state as follows:
This amended Agreement shall commence on July I, 2011 and terminate on June 30, 2012,
unless terminated earlier in accordance with Section 12. Should the maximum agreed upon
compensation as set forth in Section 2, COMPENSATION, not be exhausted during this
additional term this amended Agreement may be extended upon a writing executed by the
Fire Chief and the City Attorney.
2. Except as liereinabove amended, all terms and conditions of said Agreement shall remain in
full force and effect,
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Acting City Attorney
By:
Melissa M. Crosthwaite
Deputy City Attorney
CITY OF SANTA ANA
DAVID N. REAY.
City Manager
TUSTIN IRVINE MEDICAL GROUP
NAME:
Title:
Tax ID #:
�1,
25B -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
AGREEMENT FOR COMPREHENSIVE
PHYSICAL EVALUATIONS AND HEALTH
SCREENING
i
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on Vt 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 fourth amendment to the
agreement with Pulmonary Consultants and Primary Care Physicians Medical Group, Inc., subject to
non - substantive changes approved by the City Manager and City Attorney, in the amount not to
exceed $30,000.
DISCUSSION
In August 2007 City Council approved an agreement with Pulmonary Consultants and Primary Care
Physicians Medical Group, Inc., for annual Hazmat/SWAT physicals. These physicals detect the
general health condition of the employee and the increased risk of respiratory and heart disease
linked to the exposure of hazardous materials. The Fire and Police departments are requesting
amending this agreement by $30,000 for an aggregate amount not to exceed $60,000.
FISCAL IMPACT
Funds are budgeted in the fiscal year 2011 -12 Fire Department, Fire Suppression, Contract Services
Professional account, (account no. 01115330 - 62300, $25,000); and the Police Department, Human
Resource Division, Contract Services Professional account (account no. 01114402 - 62300, $5,000).
David Thomas`
Fire Chief
Fire Department
Paul M. Walters
Chief of Police
Police Department
LS
APPROVED AS TO FUNDS AND ACCOUNTS:
A 1
Francisco Gutierrez
Executive Director
Finance & Management Services Agency %r
25C -1
25C -2
FOURTH AMENDMENT TO AGREEMENT
THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into this I" day of
July, 2011, by and between the City of Santa Ana, a charter city and municipal corporation of the
State of California ( "City ") and Pulmonary Consultants & Primary Care Physicians Medical
Group, Inc. ( "Consultant').
RECITALS:
City and Consultant entered into Agreement N- 2007 -192, dated August 20, 2007, (hereinafter
"said Agreement "), by which Consultant has provided SWAT physicals and annual
hazardous materials medical examinations for Police and/or Fire Department personnel who
handle hazardous materials, pursuant to Title 8, Section 5144 of the CALOSHA Respiratory
Protection Regulation.
2. In accordance with the terms and conditions of said Agreement, the parties now wish
to extend the term of said Agreement for an additional one -year period and increase
compensation to pay for services during the extended term.
WIIEREFORE, in consideration of the mutual and respective covenants hereinafter contained
and made, and subject to all the terms and conditions of said Agreement as hereby amended, the
parties do hereby agree as follows:
Section 2.a., COMPENSATION, shall be amended to add $30,000 to pay for medical
examination services during the 2011 -12 fiscal year,
Section 3, TERM, shall be amended to extend the term of said Agreement for an
additional one -year period, through June 30, 2012.
3. Except as hereinabove modified, the terms and conditions of said Agreement and any
amendments thereto remain unchanged and in .full force and effect.
IN WITNESS WHEREOF, City and Consultant have executed this Fourth Amendment to
Consultant Agreement on the day and year first set forth above.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR DAVID N. REAM
Clerk of the Council City Manager
Additional signatures on next page
25C -3
APPROVED AS TO FORM:
JOSEPH STRAKA
Acting City Attorney
By: MELISSA M. CROSTHWAITE
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
DAVID THOMAS
Fire Chief
RECOMMENDED FOR APPROVAL:
PAUL M. WALTERS
Chief of Police
PULMONARY CONSULTANTS &
PRIMARY CARE PHYSICIANS
MEDICAL GROUP, INC.
CLARE BIGGINS
Chief Executive Officer
25C -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
AMENDMENT TO AN AGREEMENT FOR ❑ As Recommended
INFORMATION TECHNOLOGY AND ❑ As Amended
COMPUTER SUPPORT SERVICES
El
on 1St Reading
❑ Ordinance on 2 "d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute an amendment to the agreement with Sapphire Technologies, subject to non - substantive
changes approved by the City Manager and City Attorney, in an amount not to exceed $192,000.
DISCUSSION
The technological advances being implemented by the Fire Department has created the need for
expert staffing in the field of information technology and computer support services. In July 2006, the
City Council approved an agreement with Sapphire Technologies, and has amended the agreement
each fiscal year since then. The Fire Department continues to have a need for the computer support
services that Sapphire Technologies provides and is recommending approval of an amendment to the
agreement for FY 2011/12 in the amount not to exceed $192,000.
FISCAL IMPACT
Funds are budgeted in the Fire Department, Fire Information Technology, Contract Services -
Professional account (account no. 0111534062300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Dav Thomas Francisco Gutierrez
Fire Chief Executive Director
Fire Department Finance & Management Services Agency;'
25D -1
25D -2
SIXTH AMENDMENT TO AGREEMENT
THIS SIXTH AMENDMENT TO AGREEMENT is made and entered into this 1 ST day of July,
2011 by and between SAPPHIRE TECHNOLOGIES LLC, a Delaware corporation
( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of
California ("City').
RECITALS:
City and Consultant entered into Agreement N- 2006 -055, dated June 6, 2006,
(hereinafter "said Agreement ") by which Consultant has provided information
systems and technology staffing services to the City's Fire Department.
2. In accordance with the terms and conditions of said Agreement, the parties wish to
increase compensation to provide continuous uninten•upted services by Consultant.
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 Sixth Amendment to
Agreement, the parties agree as follows:
Section 2, COMPENSATION, shall be amended to increase compensation by
$192,000.00 to pay for information systems and technology staffing services during
the 2011 -2012 fiscal year. Consultant shall continue to perform those services and
accept payment as set forth in Appendix A of said Agreement.
Except as herein amended, all terms and conditions of said Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, City and Consultant have executed this Fifth Amendment to
Consultant Agreement on the day and year first set forth above.
ATTEST:
Maria D. Huizar, Clerk of the Council
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By
Jose,f� andoval
Clafef Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM, City Manager
SAPPHIRE TECHNOLOGIES LLC
DAN CORDERO
Regional Manager
25D -3
25D -4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2011 -01 FOR THE
PROPERTY LOCATED AT 2024 NORTH
VICTORIA DRIVE
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
►1 - =904 k
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
John M. and Ann P. Coil, property owners, for the structure located at 2024 North Victoria Drive,
subject to non - substantive changes approved by the City Manager and City Attorney.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council authorize the City Manager and Clerk of the Council to
execute the attached agreement with John M. and Ann P. Coil, property owners, for the structure
located at 2024 North Victoria Drive, subject to non - substantive changes approved by the City
Manager and City Attorney at its April 7, 2011 meeting by a vote of 5:0 (Bustamante absent).
DISCUSSION
After the public hearing on April 7, 2011, the Historic Resources Commission reviewed the
proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the
resulting potential property tax savings would encourage the owner to reinvest the tax savings in
the maintenance of their historic property, and would benefit both the owner and the community
(Exhibit A). Additionally, the agreement prevents inappropriate alterations.
25E -1
HPP Agreement No. 2011 -01
May 16, 2011
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by
an estimated $122.38 to $611.90 annually, for a period of not less than ten years.
J". Trevino
Executive Director
Planning & Building Agency
HS:rb
Whistoric inf6mills act agreements\2024 _N_Victoria\hppa11 -01.cc
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: A. Historic Resources Commission Staff Report
25E -2
REQUEST FOR
Historic Resources Commission Action
FISTORIC RESOURCES CONIMSSION NEE TM DATE:
APRIL 7, 2011
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2011 -01 FOR THE PROPERTY
LOCATED AT 2024 NORTH VICTORIA DRIVE
Prepared by Hally Soboleske
r ,
• -� • -� r• .� • F
APPROVED
• As Recommended
• As Amended
• Set Public Hearing For
CONTINUED TO
— qV-511 — 46),A_� 4e��
Executive Director Planning Manager
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and Clerk of the Council to execute
the attached agreement with John M. and Ana P. Coil, property owners, for the structure located at
2024 North Victoria Drive subject to non - substantive changes approved by the City Manager and
City Attorney.
Request of Applicant
The applicants, John M. and Ana P. Coil, request the approval of Historic Property Preservation
Agreement No. 2011 -01 (Mills Act) between the property owner and the City of Santa Ana.
Property Location and Site Description
The subject property includes a Tudor Revival styled residence located at 2024 North Victoria
Drive and is within the Floral Park neighborhood. Surrounding land uses are all residential
(Exhibit 1). The lot is 12,244 square feet, and is developed with a 3,185 square foot home and a
detached garage.
Project Background
In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation
Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties.
The agreement provides monetary incentive to the property owner in the form of a property tax
reduction in exchange for the owner's voluntary commitment to maintain the property in a good
state of repair and to rehabilitate the property as necessary to maintain its character and
appearance. Once recorded, the agreement triggers the use of a different valuation method in
determining the property's assessed value, thereby resulting in potentially significant property tax
savings for the owner.
E
25E -3
HPPA No. 2011 -01
April 7, 2011
Page 2
One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa
Ana Register of Historical Properties pursuant to Government Code Section 502380.1. The
subject property was placed on the local register as the Hammond -Haan House and categorized
as Landmark in 2003 by the Historic Resources Commission (Exhibit 2).
Analysis of the Issues
Upon consideration of the application, it is recommended that the City enter into a Historic Property
Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not
limited to, the following:
1. Reduced property tax to allow reinvestment for the long term preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical environment of the
community.
6. Offers additional support and attention for historic districts and historic structures in the City.
Public Notification
This subject site is located within the Floral Park neighborhood. The president of this
Neighborhood Association was notified by mail prior to this meeting date although this is not a
public hearing item. No areas of concern were identified by the Neighborhood Association
president, nor was there a request that the applicant present the project to a meeting of their
members.
CEQA Compliance
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review under General Rule Section 15061(b)(3), and therefore, the recommended
action is exempt from further review.
25E -4
HPPA No. 2011 -01
April 7, 2011
Page 3
Conclusion
Since the property meets all the requirements for eligibility for a Historic Property Preservation
Agreement, and there are no code violations noted at this site, a positive recommendation for a
Historic Property Preservation Agreement is given.
[Tally Sob eske Sergio
Associate Planner Principal
HS:jm
hs\historic info\mills act agreements \2024_N_Victoria \hppa11- 01.hrc
25E -5
25E -6
HPPA - 2011 -01
2024 North Victoria Drive
PLANNING AND BUILDING AGENCY
EXHIBIT 1
25E -8
EXECUTIVE SUMMARY
HAMMOND -HAAN HOUSE
2024 North Victoria Drive
Santa Ana, CA 92706
NAME
Hammond -Haan House
REF. NO.
ADDRESS
2024 North Victoria Drive
CITY
Santa Ana
ZIP
1 92706
ORANGE COUNTY
YEAR BUILT
1934
LOCAL REGISTER CATEGORY: Landmark
HISTORIC DISTRICT
I NIA
NEIGHBORHOOD
I Floral Park
NATIONAL REGISTER CRITERIA rOR EVALUATION
I B,C
I NATIONAL REGISTER STATUS CODE
I 3S
Location: ❑ Not for Publication ® Unrestricted
❑ Prehistoric ® Historic ❑ Both
ARCHITECTURAL STYLE. Tudor Revival
The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables;
decorative half - timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick
chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival
were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern
California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style
also occur. Born in the late nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most
popular during the 1920s and 1930s_
SUMMARY /CONCLUSION:
The Hammond -Haan House appears eligible for listing in the National Register of Historic Places and the California Register of
Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its
exemplification of the Tudor Revival style, and under Criterion 4b, for its association with prominent Santa Ana citizens Dana K.
Hammond and Otto R. Haan. The house also contributes to the historic character of the Floral Park neighborhood through its age,
style, scale, and historic associations. In addition, the Hammond -Haan House has been categorized as "Landmark" because the
building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural
significance" as an intact and representative example of the Tudor Revival style that contributes to the historic streetscape of North
Victoria Drive (Municipal Code, Section 30 -2.2).
EXPLANATION OF CODES:
National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of
Historic Preservation)
B: that are associated with the lives of persons significant in our past.
C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the
work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity
whose components may lack individual distinction_
• National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic
Preservation)
3S: Appears eligible for separate listing.
EXHIBIT 2
Page 1 of 5
25E -9
State of California— The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Paste 1 of 4
Primary #
HRI #
Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer
Resource name(s) or number (assigned by recorder)
Date
P1. Other Identifier:
*P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County
*b. USGS 7.5' Quad: Orange TCA 1725 Date:
*c. Address 2024 North Victoria Drive City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number: 002 - 101 -01; Orange Grove TR Lot: N 73.17 Ft. W 169.5 Ft.
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Set back from the street beyond a deep front lawn and a screen of trees, this two -story residence exhibits the Tudor Revival
style. A complex hipped roof, covered in wood shingles and accented by a series of front gables, covers the building. Rafter
tails are visible in the eaves. The stuccoed exterior walls are enlivened with decorative half - timbering. In the center of the
principal portion of the fagade, the entry bay is executed in red and black bricks, laid vertically and horizontally in blocks of
three. Flanked by two small, rectangular, diamond paned windows, the slightly recessed entry contains a decoratively
paneled door that incorporates an arched peephole. Banks of multi -light windows to the left and right of the entry bay feature
leaded glass set within heavy wooden surrounds. The second story is cantilevered over the first, with a series of heavy
beams marking the overhang. Paired, leaded, diamond -paned casement windows occupy each of the three principal bays
beneath wall gables outlined by extended bargeboards. An interior chimney, located in the south half of the house, is
stuccoed and accented with randomly placed clinker bricks_ Appearing unaltered from the street, the house was expanded
by one room in 1951 and partially remodeled in 1996. Landscaped with neatly clipped shrubs and lawns, the property also
contains a garage, which is not visible from the street due to the vegetation and the curved driveway on the north side of the
house.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property
*P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other
P5b. Photo: (view and date)
East elevation
March 2003
*P6. Date Constructed /Age and
Sources: ■historic
19341 Source: City of Santa Ana
building permits.
*P7. Owner and Address:
John M & Ann P Coil
2024 North Victoria Drive
Santa Ana, CA 92706
*P8. Recorded by:
Leslie J. Neumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
April 2, 2003
*P10. Survey Type:
Intensive Survey
*P11. Report Citation: (Cite survey report and other sources, or enter "none ")
None.
*Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record
❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record []Rock Art Record
❑Artifact Record ❑Photograph Record ❑ Other (list)
DPR 523A (1195) *Required information
Page 2 of 5
25E -10
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page Z of 4 `NRHP Status Code 3S
*Resource Name or #: Hammond -Haan House
B1. Historic Name: Hammond -Haan House
B2. Common Name: Same
B3. Original Use: Single- family Residence B4. Present Use: Single- family Residence
*135. Architectural Style: Tudor Revival
*136. Construction History: (Construction date, alterations, and date of alterations):
April 18, 1934. Residence and garage. Owner, Harriet Hoxie. $12,500.
February 21, 1951. Add 1 room to residence for Otto Haan.
March 6, 1989. 375 s/f garage, rear property line wall.
July 19, 1996. New windows & French doors. New roofing. 2"d floor deck. Remodel family room.
*137. Moved? ■No ❑Yes ❑Unknown Date: Original Location:
*138. Related Features:
Mature trees in front yard and rear garage, if original.
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1888 -1953 Property Type: Single- family Residence Applicable Criteria: B, C
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Hammond -Haan House is architecturally distinguished as a remarkably intact and characteristic example of the Tudor
Revival style of the early 1930s. Its period revival design, substantial scale, and generous setback contribute to the elegant
and distinctive streetscape on North Victoria Drive. !t was built in 1934 for Harriet Hoxie at a cost of $12,500. The 1935
Orange County Directory indicates that Dana K. and Helen Hammond were the first owner residents of the house. Dana King
Hammond, characterized as `one of the leading educators of Orange County' by Mrs. Pleasants in her 1931 History of
Orange County (page 352), held a dual appointment as the principal of Santa Ana Polytechnic High School and dean of the
(See Continuation Sheet 3 of 4.)
B11. Additional Resource Attributes: (List attributes and codes)
*B12. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanbom Maps
(See Continuation Sheet 4 of 4.)
B13. Remarks:
*1314. Evaluator: Leslie J. Heumann
*Date of Evaluation: April 2, 2003
(This space reserved for official comments.)
DPR 5238 (1195)
Page 3 of 5
25E -11
Sketch Map
I Z00 -i
lM aacr
r lime
Q UU 000 K"`J"
HAMMOND -HAAN HOUSE
2024 NORTH VICTORIA DRIVE
*Required information
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 4 Resource Name or # (Assigned by recorder) Hammond -Haan House
"Recorded by Leslie J. Heumann, SA1C `Date April 2, 2003 O Continuation ❑ Update
*1310. Significance (continued):
Santa Ana Junior College. Born in Maine in 1884 and educated at Dartmouth, Hammond came to Santa Ana as a teacher of
French and Spanish in 1912 and was responsible for the establishment of the junior college in 1915. In 1917, he both
married Helen Hoxie and assumed the leadership position at the two schools. Respected citizens of Santa Ana, the
Hammonds lived in the Victoria Drive house until 1941, when engineer Donald W. Darnell and his wife Dorothy moved in. By
1945, auto dealer Otto R. Haan, his wife Dora Mae, and their family had purchased the house. Haan, bom in Michigan in
1879, spent his early career as a newsagent with various railroads, rising to a position of responsibility with the Fred Harvey
Company. He came to Santa Ana in 1916 or 1917 and purchased a Cadillac dealership. Over the years, he sold numerous
kinds of automobiles, expanding his business to include an auto showroom on South Main Street a used car lot, and a paint
and body shop. A circa 1952 newspaper article chronicled his career, noted that he had operated the Chrysler and Plymouth
dealership since 1933 and that his operation at the time employed 34 with an annual payroll of $160,000. Prominent in the
civic and social affairs of Santa Ana, Haan also served on the Santa Ana City Council.
The Hammond -Haan House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West
Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and
widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981),
credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls,
New York in 1922 (Talbert, pages 353 - 356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The
parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the
1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange
County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s
and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial
Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled
Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in
the neighborhood he had helped to create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral
Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa
Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial
Revival mansion at 2009 Victoria Drive. in the early post World War 11 years, Floral Park continued its development as
numerous, smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Hammond -Haan House appears eligible for listing in the National Register of Historic Places and the California Register
of Historical Resources. !t qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the Tudor Revival style. The use of decorative half - timbering, the combination of materials such as
stucco, brick and wood, the second story overhangs, and the incorporation of varied and picturesque window types are
notable in this regard. It also qualifies for the Santa Ana Register under Criterion 4b for its association with two prominent
families in the community. The house also contributes to the historic character of the Floral Park neighborhood through its
age, style, scale, and historic association with a prominent Orange County family. Additionally, the house has been
categorized as `Landmark" for its unique architectural significance as an example of the Tudor Revival style that contributes
to the historic streetscape of North Victoria Drive. All original exterior features of the Hammond -Haan House are considered
character defining and should be preserved. These features include, but may not be limited to: materials and finishes
(stucco, brick, wood); roof configuration and treatment; massing and composition; entry, doors and windows; architectural
detailing (exposed beam -ends, decorative half- timbering); and stucco and brick chimney.
DPR 523L
Page 4 of 5
25E -12
State of California — The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 4 of 4 Resource Name or # (Assigned by recorder) Hammond -Haan House
*Recorded by Leslie J. Neumann, SAIL *Date April 2, 2003 x❑ Continuation ❑ Update
*11312. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept of the Interior, 1991.
Office of Historic Preservation. "instructions for Recording Historical Resources. "Sacramento: March 1995.
Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981.
"Builder of Honer Plaza Dies, " Orange County Register, September 15, 1981.
History of Floral Park." http.lAvww.floral park.com/page2.htm1
Talbert, Thomas (editor- in- chiel). Historical Volume and Reference Works including Biographical Sketches of Leading
Citizens. Volume 1. Whittier, Historical Publishers, 1963.
Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921.
Pleasants, Mrs. J. E. History of Orange County. California. volume 3. Los Angeles: J. R. Finnell & Sons, 1931.
Orange County Directories, 1928 -1952.
Haan Rounding Out 32 Years to Rate County's Longest Career as New Car Dealer." Unlabeled clipping in the Santa Ana
History Room Pamphlet file, circa 1951 or 1952.
DPR 523L
Page 5 of 5
25E -13
25E -14
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this May 2, 2011 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City"), and John M. and Ann P. Coil, (hereinafter referred to as "Owners "), owner of real
property located at 2024 North Victoria Drive, Santa Ana, California, 92706 in the County of
Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with Owner of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possess fee title in and to that certain qualified real property together
with associated structures and improvements thereon, located at 2024 North
Victoria Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit
"A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
-1-
EXHIBIT 3
25E -15
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owners of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 2, 2011, and shall remain in
effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective
date of this Agreement, such initial term will automatically be extended as provided in California
Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owners or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owners to the City at least ninety (90) days prior to the
annual renewal date, or served by the City to the Owners at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the Agreement as
provided herein.
C. Within 30 days from receipt of City's notice of nonrenewal, the Owners may file
a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owners of nonrenewal.
d. If either the Owners or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
-2-
25E -16
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
a. Owners shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the Historic Property from the
public right -of -way shall be maintained, and Owners shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
of character - defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owners shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner' compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owners hereby agree to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
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25E -17
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner have breached any of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner have failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half
(12 %Z) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
C. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owners by registered or certified mail, and if
such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any,action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owners or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owners if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
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25E -18
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subject the Historic Property, located at 2024 North Victoria
Drive, Assessor Parcel Number, 002 - 101 -01, and more particularly described in Exhibit A, in
the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this
Agreement.
b. The City and Owners hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner's successors and assigns in title or interest to
the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering
or conveying the Historic Property or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the tenants, restrictions, and reservations
expressed in this Agreement regardless of whether such covenants, restrictions and reservations
are set forth in such contract, deed, or other instrument.
8. No Compensation.
Owners shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owners as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City: City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
Owner: John M. and Ann P. Coil
2024 North Victoria Drive
Santa Ana, CA 92706
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25E -19
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owners agree to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owners or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owners hereby agree to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
C. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
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25E-20
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
Owner
Date:
Date:
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
DAVID N. REAM
City Manager
By:
John M. Coil
By:
Ann. P. Coil
-7-
25E-21
25E -22
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
Exhibit A
ORANGE GROVE TR LOT N 73.17 FT W 169.5 FT
Assessor's Parcel Number: 002 - 101 -01
-s-
25E -23
25E -24
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time arc evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
-9-
25E -25
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
-10-
25E -26
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
Exhibit C (photograph attached)
-11-
25E -27
MILLS ACT AGREEMENT
2024 North Victoria Drive
Santa Ana, CA 92706
-12-
25E -28
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2024 NORTH VICTORIA DRIVE
PHOTO LOCATION MAP
VICTORIA DRIVE
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159.50
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-14-
25E -30
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2011 -03 FOR THE
PROPERTY LOCATED AT 321 EAST
EIGHTH STREET
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
uaawww
❑ As Recommended
❑ As Amended
❑ Ordinance on 1St Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
John L. Novak and Michelle D. Light, property owners, for the structure located at 321 East
Eighth Street, subject to non - substantive changes approved by the City Manager and City
Attorney.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council authorize the City Manager and Clerk of the Council to
execute the attached agreement with John L. Novak and Michelle D. Light, property owners, for
the structure located at 321 East Eighth Street, subject to non - substantive changes approved by
the City Manager and City Attorney at its April 7, 2011 meeting by a vote of 5:0 (Bustamante
absent).
DISCUSSION
After the public hearing on April 7, 2011, the Historic Resources Commission reviewed the
proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the
resulting potential property tax savings would encourage the owner to reinvest the tax savings in
the maintenance of their historic property, and would benefit both the owner and the community
(Exhibit A). Additionally, the agreement prevents inappropriate alterations.
25F -1
HPP Agreement No. 2011 -03
May 16, 2011
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by
an estimated $94.32 to $471.59 annually, for a period of not less than ten years.
Ja . Trevino
Executive Director
Planning & Building Agency
HS:rb
hs \historic info \mills act agreements \321_E_8th \hppaI1 -03.cc
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency`s
Exhibit: A. Historic Resources Commission Staff Report
25F -2
REQUEST FOR
Historic Resources Commission Action
APRIL 7, 2011
k
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2011 -03 FOR THE PROPERTY
LOCATED AT 321 EAST EIGHTH STREET
Prepared by Hally Soboleske
APPROVED
❑ As Recommended
❑ As Amended
❑ Set Public Hearing For
CONTINUED TO
Executive Director Planning Ma ger
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and Clerk of the Council to execute
the attached agreement with John L. Novak and Michelle D. Light, property owners, for the
structure located at 321 East Eighth Street subject to non - substantive changes approved by the
City Manager and City Attorney.
Request of Applicant
The applicants, John L. Novak and Michelle D. Light, request the approval of Historic Property
Preservation Agreement No. 2011 -03 (Mills Act) between the property owner and the City of Santa
Ana.
Property Location and Site Description
The subject property includes an Italianate styled residence located at 321 East Eighth Street and
is within the French Park National Register Historic District. Surrounding land uses are all
residential (Exhibit 1). The lot is 4,504 square feet, and is developed with a 1,032 square foot
home and a single car detached garage.
Project Backaround
In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation
Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties.
The agreement provides monetary incentive to the property owner in the form of a property tax
reduction in exchange for the owner's voluntary commitment to maintain the property in a good
state of repair and to rehabilitate the property as necessary to maintain its character and
appearance. Once recorded, the agreement triggers the use of a different valuation method in
determining the property's assessed value, thereby resulting in potentially significant property tax
savings for the owner.
F
25F -3
HPPA No. 2011 -03
April 7, 2011
Page 2
One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa
Ana Register of Historical Properties pursuant to Government Code Section 502380.1. The
subject property was placed on the local register as the Chilton House and categorized as
Landmark in 2001 by the Historic Resources Commission (Exhibit 2).
Analysis of the Issues
Upon consideration of the application, it is recommended that the City enter into a Historic Property
Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not
limited to, the following:
Reduced property tax to allow reinvestment for the long term preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical environment of the
community.
6. Offers additional support and attention for historic districts and historic structures in the City.
Public Notification
This subject site is located within the French Park neighborhood. The president of this
Neighborhood Association was notified by mail prior to this meeting date although this is not a
public hearing item. No areas of concern were identified by the Neighborhood Association
president, nor was there a request that the applicant present the project to a meeting of their
members.
CEQA Compliance
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review under General Rule Section 15061(b)(3), and therefore, the recommended
action is exempt from further review.
25F -4
HPPA No. 2011 -03
April 7, 2011
Page 3
Conclusion
Since the property meets all the requirements for eligibility for a Historic Property Preservation
Agreement, and there are no code violations noted at this site, a positive recommendation for a
Historic Property Preservation Agreement is given.
l
a y So4f leske
Associat Planner
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H PPA- 2011 -03
321 East Eighth Street
PLANNING AND BUILDING AGENCY
EXHIBIT 1
25F -7
25F -8
NAME
Chilton House
REF. NO. 139
ADDRESS
321 East Eighth Street
CITY
Santa Ana
ZIP
1 92701
ORANGE COUNTY
YEAR BUILT
1883
LOCAL REGISTER CATEGORY: Landmark
HISTORIC DCSTRICT
French Park
NEIGHBOR140 OD
French Park
NATIONAL REGISTER CRITERIA FOR EVALUATION
I B, C
NATIONAL REGISTER STATUS CODE
ID
Location: ❑ Not for Publication
USGS 7.5" Quad Date
® Unrestricted
❑ Prehistoric ® Historic ❑ Both
T R V4 of V4 of Sec
ARCHITECTURAL STYLE: Italianate (Late Victorian)
DESCRIPTION /BACKGROUND REUATUD TO PERIOD ARCHITECTURE:
The Italianate (Late Victorian) style is chiefly identified by its window treatment: tall, relatively narrow, double -hung sash, with flat,
arched, or flattened arch heads often emphasized by hood moldings. Other typical features include low hipped or flat roofs, bracketed
cornices, and, particularly in residential examples, a square tower or cupola. In commercial usage, a raised pediment bearing the
name or date of the building is not uncommon. A variety of siding materials are used, usually with stringeourses between stories, and
sometimes with wall planes framed by quoins. Used for both residential and commercial buildings from the mid nineteenth century
through the 1890s, the Italianate style was adapted to "Main Street" commercial buildings and simplified, becoming the "commercial
vernacular" of the era (Whiffen, 99).
cmlhistori0templatesTighth E 321 (Chilton Howc)
12120!01
Pagel of 4
EXHIBIT 2
25F -9
CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations)
December 5, 1985. Relocation inspection.
November 26, 1986. Relocate historical residence over new basement and solarium.
November 26, 1986. Two -car garage with den over.
RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape)
None.
DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and
boundaries.)
A fine example of Victorian era design, this is a two -story residence in the Italianate style. A truncated hip roof crowns the building,
accented by a projecting front gable on the east end of the fagade (south elevation). Curved brackets, placed at either side of the
second story windows, punctuate the enclosed soffits. A decorative bargeboard ornaments the gable end. Beneath the soffit
overhang, a vertically detailed frieze circles the building. Wide shiplap siding, trimmed with endboards, sheathes the house.
Spanning the first floor fagade, a pent hipped roof tops a three -bay, attached, front porch. Turned columns whose carved brackets
form an arched porch frieze support the porch roof. The porch railing features carved balusters alternating with blocks pierced by
circular cutouts. Located in the central bay, the entry contains a paneled door topped by a transom and approached by six stairs. Orbs
surmount the newel posts of the stairway. Below the front gable, the east bay of the house consists of a two -story squared bay.
Patterned shingles accent the upper story of the bay. Windows are one - over -one double -hung sash, arranged singly or in pairs, and
simply framed. Moved to this location in 1986, the house is substantially unaltered. Contemporary additions to the property include
an iron fence at the front and a two -story, wood -frame garage building in the rear, both of which are compatible in style and materials
with the historic character of the house.
HISTORIC HIGHLIGHTS:
Robert Francis Chilton, who arrived in Santa Ana in 1876, was in the banking business in the City for more than twenty-five years.
The head cashier of the Orange County Trust and Savings Bank, Chilton served as City Treasurer and was appointed postmaster in
1885. His other activities included development of property in northwest Santa Ana and service as the secretary of the Masons
(excerpted from Marsh, 1998).
Threatened with demolition at its original location on Sixth Street, the house was moved to this location and restored by Robert and
Diann Marsh, prominent local historians, in 1986.
RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office
of Historic Preservation.)
HP2. Single - family Property
RESOURCES PRESENT:
® Building ❑ Structure ❑ Object ❑ Site
MOVED? ❑ No ® Yes ❑ Unknown Date: 1986
Page 2 of 4
cmptistori6templatesTighth E 321 (Chilton House)
12/20/01
® District ❑ Element of District ❑ Other
25F -10
Original Location: 6's Street
STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme,
period, geographic scope, and integrity.)
Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho
Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development
Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to
capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French
Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected
commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be
centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose
intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as a small park, now known as
French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as
a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly
created county of Orange.
Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of
the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree -lined
streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single - family homes and
duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards,
residents were a "Who's Who" of early Santa Ana and included bankers, attorneys, doctors, businessmen, ranchers, teachers and
others active in the civic and social life of the city.
Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into
rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties
redeveloped with multi- family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of
a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999.
One of the activities undertaken in support of the historic district has been the relocation of several historic homes slated for
demolition into French Park. The Chilton House is a case in point, moved from Sixth Street to Eighth Street in 1986. The property is
architecturally significant as a remarkably intact and highly characteristic example of the Italianate style dating to the mid 1880s
"boom" period. It is also noteworthy for its association with a prominent early resident, Robert Chilton, and for its contribution to the
historic character of the French Park district. All original and restored exterior features of the Chilton House are considered to be
character defining and should be preserved. These features include, but may not be limited to: materials and finishes (shiplap siding,
shingling); roof configuration and detailing; porch configuration and treatment; bays; windows and doors; and architectural detailing
such as brackets, bargeboards, frieze, columns, etc.
SUMMARY /CONCLUSION:
The Chilton House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District
Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California
Register. Included in the Santa Ana Register of Historical Property, the Chilton House has been categorized as "Landmark" because
it "is on the national register," "is on the state register," "has historical/cultural significance to the City of Santa Ana," for its
association with prominent early resident Robert Chilton, and it "has a unique architectural significance" as an intact example of
Italianate residential design (Municipal Code, Section 30 -2.2).
OWNER AND ADDRESS:
cm\histonc \templates\Eighth E 321 (Chilton House) Page 3 of 4
12/20/01
25F -11
RECORDED BY: (Name, affiliation, and address)
Leslie J. Heumann
Science Applications International Corporation
35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105
DATE RECORDED: December 3. 2001
SURVEY TYPE: (Intensive, reconnaissance, or other)
Intensive Survey Update
REPORT CITATION: (Cite survey report and other sources)
Les, Kathleen. Historic Resources Inventory French Park District, March 1980.
Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 1998.
REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.)
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York WW Norton 1998.
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form."
Washington DC: National Register Branch, National Park Service US Dept. of the Interior, 1991.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: December 3, 2001
EXPLANATION OF CODES:
National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of
Historic Preservation)
A: that are associated with events that have made a significant contribution to the broad patterns of our history.
B: that are associated with the lives of persons significant in our past.
C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the
work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity
whose components may lack individual distinction.
National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic
Preservation)
1D: Contributor to a listed district.
Page 4 of 4
ctn\historic \tetnplates\Eighth E 321 (Chilton House)
12/20/01
25F -12
MILLS ACT AGREEMENT
321 East a Street
Santa Ana, CA 92701
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ( "Agreement ") is made and entered into this May 2, 2011 by and
between the City of Santa Ana, a charter city and municipal corporation duly organized and
existing under the Constitution and laws of the of the State of California (hereinafter referred to
as "City "), and John L. Novak and Michelle D. Light, (hereinafter referred to as "Owners "),
owner of real property located at 321 East Eighth Street, Santa Ana, California, 92701 in the
County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into
contracts with Owner of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possess fee title in and to that certain qualified real property together
with associated structures and improvements thereon, located at 321 East Eighth
Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A,"
attached hereto and incorporated herein by reference, and hereinafter referred to
as the "Historic Property ".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. The City and the property Owner, for their mutual benefit, now desire to enter
into this Agreement which defines and limits the use and alteration of this
Historic Property in order to enhance and maintain its value as a cultural and
historical resource for the Owner and for the community; to prevent inappropriate
alterations to the Historic Property and to ensure that repairs, additions, new
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
-I -
EXHIBIT 3
25F -13
MILLS ACT AGREEMENT
321 East 84 Street
Santa Ana, CA 92701
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owners of the Historic Property
agree as follows:
Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 2, 2011, and shall remain in
effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective
date of this Agreement, such initial term will automatically be extended as provided in California
Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owners or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owners to the City at least ninety (90) days prior to the
annual renewal date, or served by the City to the Owners at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the Agreement as
provided herein.
C. Within 30 days from receipt of City's notice of nonrenewal, the Owners may file
a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owners of nonrenewal.
d. If either the Owners or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
-2-
25F -14
MILLS ACT AGREEMENT
321 East 8* Street
Santa Ana, CA 92701
a. Owners shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character -
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
C. A view corridor enabling the general public to see the Historic Property from the
public right -of -way shall be maintained, and Owners shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
of character - defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owners shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner' compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owners hereby agree to furnish the City with any and all information requested
which may be necessary or advisable to determine compliance with the terms and provisions of
this Agreement.
-3-
25F -15
MILLS ACT AGREEMENT
321 East 8`' Street
Santa Ana, CA 92701
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth
in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the
Owner have breached any'of the conditions of this Agreement, or have allowed the property to
deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or
if the City determines that the Owner have failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half
(12 %2) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled because, in
effect, the historic value of the structure will have been destroyed. No fee shall be imposed in
the case of destruction by acts of God or natural disaster.
C. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owners by registered or certified mail, and if
such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for
Development Services or designee within thirty (30) days thereafter, or if not corrected within
such a reasonable time as may be required to cure the breach or default, or default cannot be
cured within thirty (30) days (provided that acts to cure the breach or default may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owners or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owners if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
-4-
25F -16
MILLS ACT AGREEMENT
321 East 8°i Street
Santa Ana, CA 92701
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subject the Historic Property, located at 321 East Eighth
Street, Assessor Parcel Number, 398- 017 -12, and more particularly described in Exhibit A, in
the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this
Agreement.
b. The City and Owners hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land
and shall pass to and be binding upon the Owner's successors and assigns in title or interest to
the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering
or conveying the Historic Property or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subject to the tenants, restrictions, and reservations
expressed in this Agreement regardless of whether such covenants, restrictions and reservations
are set forth in such contract, deed, or other instrument.
8. No Compensation.
Owners shall not receive any payment from the City in consideration of the obligation
imposed under this Agreement, it being recognized that the consideration for the execution of
this Agreement is the substantial public benefit to be derived therefrom and the advantage that
will accrue to the Owners as a result of the effect upon the assessed value of the property on the
account of the restrictions on the use and preservation of the property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
City: City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M -30)
Santa Ana, CA 92702
Owner: John L. Novak and Michelle D. Light
321 East 8th Street
Santa Ana, CA 92701
-5-
25F -17
MILLS ACT AGREEMENT
321 East 8`h Street
Santa Ana, CA 92701
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owners agree to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owners or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owners hereby agree to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
of the Owner's activities in connection with the Historic Property.
C. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
-6-
25F-18
MILLS ACT AGREEMENT
321 East a Street
Santa Ana, CA 92701
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. Notice of the Contract to Office of Historic Preservation.
No later than six (6) months of entering into the contract, the owner or agent of an owner
shall provide written notice of this Agreement to the Office of Historic Preservation.
13. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded
instrument executed by the parties hereto.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST: CITY OF SANTA ANA
MARIA D. HUIZAR
Clerk of the Council
Owner
Date:
Date:
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
DAVID N. REAM
City Manager
By:
John L. Novak
By:
Michelle D. Light
-7-
25F-19
25F -20
MILLS ACT AGREEMENT
321 East a Street
Santa Ana, CA 92701
Exhibit A
P BK 216 PG 16 PAR 2
Assessor's Parcel Number: 398 - 017 -12
-8-
25F -21
25F -22
MILLS ACT AGREEMENT
321 East 8"' Street
Santa Ana, CA 92701
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological
resources affected by, or adjacent to any project.
9. Contemporary design for alternations and additions to existing properties shall not
be discouraged when such alterations and additions do not destroy significant
historical, architectural or cultural material, an such design is compatible with
-9-
25F -23
MILLS ACT AGREEMENT
321 East a Street
Santa Ana, CA 92701
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
25F -24
MILLS ACT AGREEMENT
321 East 8`!' Street
Santa Ana, CA 92701
Exhibit C (photograph attached)
25F -25
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MILLS ACTAGREEMENT
321 East a Street
Santa Ana, CA 92701
-13-
25F -27
321 EAST EIGHTH STREET
PHOTO LOCATION MAP
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-14-
25F -28
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
❑ As Recommended
AGREEMENT FOR ENVIRONMENTAL ❑ As Amended
SERVICES WITH ICF INTERNATIONAL TO El r-1 on 151 Reading
❑ Ordinance on 2 "d Reading
PREPARE AN EIR FOR A 319 -UNIT ❑ Implementing Resolution
MULTIPLE FAMILY RESIDENTIAL ❑ Set Public Hearing For_
DEVELOPMENT AT 200 EAST FIRST
AMERICAN WAY
r
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute the attached agreement with
ICF International for environmental services in an amount not to exceed $204,122 for a proposed
residential development located at 200 East First American Way, subject to non - substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
In April 2011, the Planning Division received a submittal by Ryan Ogulnick, Vineyards
Development Corporation, to develop the approximately 3.1 acre undeveloped parcel of land
located at 200 East First American Way, referred to as The Met at South Coast. The proposed
project is a request to construct 319 multiple family residential units with two levels of subterranean
parking and one level of above grade parking. After reviewing the project description, it was
determined that an environmental impact report (EIR) will be necessary to meet the requirements
of the California Environmental Quality Act (CEQA).
A Request for Proposal (RFP) for consultant services was authorized by the City Council on
February 22, 2011. The RFP was prepared and sent to five different environmental firms.
Proposals were received from two environmental firms. After reviewing the proposals, the firm ICF
International was found to be qualified, and was selected based on the firm's experienced staff,
knowledge of the study area, and ability to complete the work in a timely manner. At this time, staff
recommends that ICF International be awarded the contract to prepare the Environmental Impact
Report for the project. The consultant has identified a cost of $204,122 for the EIR and associated
technical studies to be prepared (Exhibit 1). Funding for the work on the EIR would be provided
entirely by applicant.
25G -1
Agreement with ICF International
May 16, 2011
Page 2
FISCAL IMPACT
This agreement will not impact any City /Agency funds. Funds in the amount of $204,122 will be
deposited by applicant into the Planning and Building Agency account for contractual services (No.
09801001 - 24035) prior to the consultant commencing any work.
APPROVED AS TO FUNDS AND ACCOUNTS:
Jay Trevino Francisco Gutierrez
Exe utive Director Executive Director
Planning and Building Agency Finance & Management Services Agency j-
SK:rb
Wreports\200efirstamerican RFP contract RFCA cc041611
Exhibit: 1. Agreement
25G -2
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of 2011 by and
between JONES & STOKES ASSOCIATES, INC., a Delaware corporation and a wholly owned
subsidiary of ICF Consulting Group, Inc., doing business as ICF International ( "Consultant "),
and the City of Santa Ana, a charter city and municipal corporation of the State of California
( "City ")
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field
of professional environmental reports and services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
I. SCOPE OF SERVICES
Consultant shall provide professional environmental services, including the preparation
of a Focused Environmental Impact Report regarding the 200 East First American Way
residential project. The scope of services (including estimated fees and costs) is attached hereto
as Exhibit A and is incorporated by this reference to this Agreement.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible
with the City's computer system, as agreed between the Project Manager and Consultant. In
regard to all copyrightable material produced as a deliverable under this Agreement, including
but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes,
and computer programs, Consultant agrees, for itself and for its affected officers, employees,
agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted
without prior review from the City, and (b) the authors of all such material, whether copyrighted
or not, award to the City, and to its officers, agents and employees acting within the scope of
their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish,
translate, reproduce, and use such materials.
25G -3
3. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services, the
cumulative rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $204,122.00 during the term of this Agreement. Payment by City
shall be made within thirty (30) days following receipt of proper invoice evidencing work
performed, subject to City accounting procedures. Payment need not be made for work which
fails to meet the standards of performance set forth in the Recitals which may reasonably be
expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate upon the
completion of the Scope of Services or depletion of the maximum contract amount as stated in
Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this
Agreement may be extended upon a writing executed by the City Manager and the City
Attorney.
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 naming the City, its officers, employees, agents, volunteers
and representatives as additional insureds) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death
resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Consultant's operations in the performance of this Agreement,
including, without limitation, acts involving vehicles. The amounts of insurance shall
be not less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and property damage, in the total amount
2
25G -4
of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B
upon execution of this Agreement and shall be approved in form by the City
Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, 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.
c. 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 affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct, from the direct or indirect operations of the
Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
3
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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, and to the extent of Consultant's, negligent
acts, omissions or willful misconduct in the performance of this Agreement.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and /or agent of the other
party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: City of Santa Ana
C/o Clerk of the Council
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702 -1988
telefacsimile (714) 647 -6956
With copy to: Executive Director of PBA
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
4
25G -6
Santa Ana, California 92702
telefacsimile (714) 973 -1461
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647 -6515
To Consultant:ICF International
Chad R. Beckstrom, AICP
Principal/Irvine Branch Leader
1 Ada, Suite 100
Irvine, CA 92618
telephone (949) 333 -6625
cell (949) 929 -3576
telefacsimile (949) 333 -6601
cbeckstrom@icfi.com
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty -four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any proposal 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.
25G -7
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay
Consultant compensation for all services performed by Consultant prior to receipt of such notice
of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such
work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
14. NON- 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,
6
25G -8
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's
fees, for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
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 A. STRAKA
Interim City Attorney
U-N
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JAY TREVINO
Executive Director - PBA
CITY OF SANTA ANA
DAVID N. REAM
City Manager
ICF INTERNATIONAL
CHAD R. BECKSTROM, AICP
Principal /Irvine Branch Leader
7
25G -9
25G -10
EHIBIT A
SCOPE OF SERVICES
(Attached)
25G -11
May 6, 2011
Sergio Klotz, AICP
Principal Planner
City of Santa Ana, Planning and Building Agency
20 Civic Center Plaza, M -20
Santa Ana, California 92701
SUBJECT: Response to Request for Proposal for Environmental Consulting Services
(200 East First American Way)
Dear Mr. Klotz:
ICF International (ICF) is eager to have this opportunity to work with the City of Santa Ana (City)
on the 200 East First American Way residential project. We would like to continue our relationship
with the City by providing environmental documentation services to meet the requirements of the
California Environmental Quality Act (CEQA).
ICF is a multi - disciplinary environmental consulting firm with a core practice in CEQA
documentation, environmental analysis, and regulatory compliance. Our project management
team would provide a strong knowledge of, and practical experience with CEQA, as well as
extensive experience preparing a full range of technical studies and documentation for similar
types of residential developments and projects, including several projects within Santa Ana, and
many projects within the surrounding area.
Attached please find our revised proposal to provide CEQA documentation services for the
proposed residential project. This revised scope and cost has been updated to include a long-
term (2035) traffic assessment and evaluation of 15 intersections and 15 roadway segments, as
requested by Zed Kekula, P.E., City of Santa Ana Public Works Agency — Traffic Engineering. As
further detailed herein under the Traffic Impact Assessment Task, long -term (Year 2035) peak
hour traffic forecasts will be forecast based on modeled traffic projections prepared by OCTA
utilizing the OCTAM3.3 Year 2035 Model. We have also added an additional review cycle for the
Initial Study, Draft EIR, and Final EIR.
This proposal is based on our limited understanding of the project and knowledge of the project
area. We have submitted a scope of work, cost, and schedule that reflects our experience and
commitment to expediting the EIR process.
We appreciate the opportunity to present this proposal to the City and look forward to working
with the City. If you have any questions regarding our submittal, please feel free to contact Chad
at (949) 333 -6625 (cbeckstrom @icfi.com) or Renee at (949) 333 -6624 (rescario @icfi.com).
Sincerely, C C�
l�-
Chad Beckstrom, AICP Renee Escario
Principal, Project Director Senior Project Manager
i Ada Parkway, Suite 100 r- Irvine, CA 92618 — 949.333.6600 .— 949.333.6601 fax — IdIxom
25G -12
Environmental Consulting Services (200 East First American Way) I City of Santa Ana
INTRODUCTION
iCF International (ICF) is happy to submit this Proposal to the City of Santa Ana (City) to provide environmental
consulting services for the upcoming 200 East First American Way residential development. We have been
providing environmental expertise services to the City since the late 1990s, and look forward to continuing this
relationship with the City.
For this project, we have organized a team that will be led by Chad Beckstrom, AICP as Project Director and
Renee Escarlo as Project Manager. Chad has a long history working with City staff, dating back more than 15
years, and brings a strong knowledge of the City's environmental review process and local environmental
concerns. Renee is a senior project manager and environmental planner with extensive experience managing
the preparation of environmental documents to meet the requirements of the California Environmental Quality
Act (CEQA).
FIRM AND PERSONNEL EXPERIENCE
ICF
ICF is a full- service environmental consulting firm with a long history of serving Orange County cities and
working on development projects. We currently have an as- needed environmental services contract with the
City of Santa Ana, which is discussed in more detail In the "Project Experience" section. Additionally, we have
experience working with 11 other Orange County cities, including: Orange, Irvine, Anaheim, Lake Forest, San
Juan Capistrano, Brea, Westminster, Fountain Valley, Huntington Beach, Newport Beach, and San Clemente.
Further, we have experience working with regional agencies such as the Orange County Public Works (OCPW)
and the Orange County Transportation Authority (OCTA).
To support our local clients, ICF utilizes staff from our Irvine office and expertise from our staff resources
throughout southern California. Our Irvine office is located less than 15 minutes from the City's Civic Center
office, and is home to most of our proposed team, including our Project Manager, Renee Escario and Project
Director, Chad Beckstrom.
CEQA Documentation and Technical Studies
ICF specializes In providing environmental analysis to support local government planning and development
projects, Including residential, commercial and industrial projects, mixed use and infill developments. Our
primary service is the preparation of CEQA environmental compliance documentation, including Initial Studies
(ISs), Negative Declarations (NDs), Mitigated Negative Declarations (MNDs), and Environmental Impact Reports
(E[Rs). ICF's expertise with CEQA dates back more than 40 years, where our founders (under the legacy of Jones &
Stokes) helped drafted the original CEQA legislation in 1970. Also, our in -house environmental counsel co-
authored several Industry-wide desktop reference guides, including the CEQA Deskbook. A Step-by-Step Guide on
How to Comply with the California Environmental QualityAct. A large majority of our senior staff, including Chad
Beckstrom serve as regular instructors in our Environmental Education Program, where he and others teach
basic to advanced CEQA classes throughout the University of California Extension Program.
As was detailed further in our previously submitted Statement of Qualifications, one of the advantages of
selecting ICF is our capability to provide supporting technical studies, including the following:
• AestheticsNisual Resources
■
Geology & Soils.
• Air Quality /Climate Change /Greenhouse Gas
a
Hydrology/Water Quality
(GHG) Emissions
■
Hazards
• Cultural Resources
■
Noise /Acoustics
• Biological Resources
a
GIS
Use or disclosure of data contAied on this sheet is subject
to the restriction on the title page of this proposal
Page 1
25G -13
Environmental Consulting Services (200 East First American Way) f City of Santa Ana
Traffic Technical Study
Linscott, Law & Greenspan Engineers (LLG) would supplement ICF staff by providing expertise in traffic and
transportation. LLG has excellent prior experience working with the City of Santa Ana and many other Orange County
titles. ICF has worked with LLG on numerous previous contracts and is confident that LLG will being excellent traffic
technical expertise to the team.
Personnel
Renee and Chad, as the project management team, will work together to provide leadership to complete the project. As
Project Manager, Renee will serve as the day - to-day contact and lead all interactions with the City. She will address the
City's needs and coordinate with Chad to address any complicated Issues. Renee will also work closely with our technical
team to prepare technical studies and appropriate CEQA document chapters. Chad will provide Quality Assurance/
Quality Control (QA/QC) oversight of the technical deliverables, and will be responsible for senior -level oversight of
project tasks on an as- needed basis. The ICF team Is presented below in the organization chart and key staff biographies.
Full resumes for all proposed staff are provided in the Appendix,
ReneeEscario I I Chacl Beckstrom, AK P
AesthelksMsualResources
Hydrofogy/ttfaterQuality
Rolselkoustks
Lisa Randall
Alexa La Plante
Mike Greene INCE
Airpuality/Greenhouse Gas Emissions
Geology &Soils
Transpottationflraffx
Kepis Cooper
GaryClendenin, PG
Kell Maberry, PE r
CEQA Documentation
Hazards
GIs
Tanyalones
Scott Broten
Coral Welton
Cultural Resources
Mark Robinson, RPA
' Lrrucotb taw & Greenspan, Engineers
Key Staff Biographies
Project Manager. Renee Escarlo Is a senior project manager with 9 years of experience managing the preparation of
environmental compliance documents with a focus on CEQA ISs, MNDs, and EfRs. Her CEQA technical experience
Includes working through and mitigating site specific Issues related to significant traffic, hazard, noise, air quality, soils
and geologic impacts. Renee Is accomplished in working with technical specialists to both identify potential impacts and
potential mitigation solutions, to both alleviate project effects and move the project forward. Her CEQA experience
includes completion of residential, commercial, institutional, park and recreation, and school projects. Renee also
manages a wide range of community planning projects, which include land use planning, municipal service and
Infrastructure planning, and jurisdiction boundary planning. Of these planning projects, Renee specializes in evaluating
the potential effects to service provision and Infrastructure as development and growth occurs within a jurisdiction or
agency.
Renee's daily focus is on project coordination, management, and oversight. In addition, Renee often functions as the lead
author and is excellent at evaluating technical studies, preparing complex Impact analysis, and Integrating regulatory
use or disclosure of data contained on thil sheet is subject
to the restriction on the title page of this proposal.
25G -14
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Environmental Consulting Services (200 East First American Way) I City of Santa Ana
requirements. Renee's skill strengths include: collaborative critical thinking, excellent writing, accomplished project
management, effective team leadership, and being solution oriented.
Project Director. Chad Beckstrom, AICP Is a principal with ICF who brings more than 15 years of experience managing and
overseeing the preparation of CEQA documentation for various types of developments. Chad has a long history working
with the City. He managed our previous as- needed environmental services contract, where he oversaw the preparation of
CEQA documentation for small -scale developments. Chad also provided CEQA advisory services to City staff through
formal CEQA training, and under his role as an on -site extension of staff at the City's office for six months. Chad brings the
continuity necessary to apply our prior experience and knowledge of the City's processes and preferences to this
particular effort. Other additional experience In Orange County includes managing the Alton /Millikan Apartment EIR for
the City of Irvine, Moran Senior Condominiums for the City of Westminster, and Brea Mall Expansion EIR for the City of
Brea, to name a few.
Key Technical Staff
AestheticsNisuai Resources. Lisa Randall specializes In visual resource analysis and documentation of project effects on
aesthetics. She has over seven years of experience in planning and design. She has conducted visual Impact analyses for a
broad range of projects, including residential developments for local cities. For the Alton and Millikan Apartments Draft
EIR for the City of Irvine, Lisa conducted an aesthetics analysis of a proposed 156 -unit residential complex, evaluating
changes In visual resources that would result from the proposed project and visual compatibility with emerging
conversion of area from nonresidential uses to urban -style residential development. Lisa also conducted a visual
assessment for the West End Lofts Draft EIR for the City of Santa Ana, which included an evaluation of visual context of
historic structures constructed in the 1920s and 1930s, Including elements of design, scale, and scenic linkages, and the
affect the project would have on visual integrity of the district.
Air Qtiality /GHG Emissions. Keith Cooper, AICP has more than 12 years professional experience as an air quality specialist
preparing documents to meet CEQA requirements. Areas of expertise include criteria pollutant and GHG emissions
Inventories, air toxics health risk assessments, transportation conformity determinations, and general conformity
determinations. Keith has prepared or overseen the preparation of hundreds of air quality impact assessments /reports
that document air pollutant emissions and concentrations related to various public infrastructure and private
development projects. Keith has a thorough understanding of the National and State Ambient Air Quality Standards,
general and transportation conformity requirements, rules and regulations adopted by local air districts (e.g., South Coast
Air Quality Management District [SCAQMD% and climate change /GHG emissions quantification and evaluation
requirements.
Cultural Resources /Archaeology, Mark Robinson, RPA is a registered professional archaeologist with more than 20 years of
experience in prehistoric and historical archaeology. He has worked extensively in California and has specialized training
in lithic analysis and lithic materials Identification and sourcing. Mark meets the Secretary of the Interior's standards for a
professional archaeologist, and has managed all phases of archaeological activities, including surveys, testing, data
recovery excavations, monitoring, site evaluation, analysis, report preparation, and archival research.
HydrologyMater Quality. Alexa LaPlante has nine years of experience In federal and state water quality permitting
compliance, regulatory agency coordination, water quality technical reports and monitoring studies, and water resources
planning projects. She has worked on several local, state and federal water supply, flood management, natural resources,
and climate change projects. Alexa Is intricately familiar with water resources issues, as well water quality regulatory
compliance and related technical studies in California.
Geology & Soils. Gary Clendenin, PG is a State of California Registered Professional Geologist with more than 25 years of
experience in geology, hydrogeology, and environmental sciences. As a former tenure -track Instructor of geological
sciences, Gary has both field and textbook knowledge of the complex fault network in and around southern California.
Over the last 20 years, Gary has been involved in all aspects of the environmental consulting practice Including the
Use or disclosure of data cvntMed on this sheet is subject
to the restriction on the we page of this proposat.
Page 3
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Environmental Consulting Services (200 East First American Way) J City of Santa Ana
preparation of geology and hazardous materials sections of CEQA documents, the planning, design, and execution of soil
and groundwater investigations and feasibility studies, and the performance of environmental liability assessments.
Hazards. Scott Broten is a principal with more than 20 years of experience in environmental consulting in southern
California. His experience includes management of broad environmental programs that encompass Environmental
Health and Safety Management Systems (EHSMS), climate change, and site assessment and remediation. His specialized
expertise is based in assessment and remediation of contaminated properties.
CEQA Documentation. Tanya Jones is trained In environmental analysis and design. She contributes to NEPA and CEQA
projects by providing assistance to project managers, coordinating between project managers and technical specialists,
updating tasks to keep project managers organized to ensure progress to project deadlines, and facilitating scoping
meetings. Tanya has worked on several development projects In Orange County providing assistance In the preparation
CEQA documentation.
Noise /Acoustics. Mike Greene, INCE has more than 20 years In the field of acoustical analysis and noise control
engineering. He has conducted and participated in noise and vibration analyses for industrial and residential
developments throughout California. Mike is experienced In the modeling of existing and future roadway noise impacts
using the Federal Highway Administration's Traffic Noise Model (TNM®). Mike Is Board Certified by the Institute of Noise
Control Engineering.
Trans portationlTraffic. Kell Maberry, PE is a Principal with LLG. He has more than 20 years of transportation planning and
traffic engineering experience in southern California. His expertise includes preparing traffic (environmental) impact
studies and reports; performing parking, access and internal circulation review and design; conducting traffic and parking
surveys, providing street channelization design and traffic Investigation and operation analysis. Kell has worked
extensively on development projects in Orange County. He prepared the traffic Impact analysis and parking demand
analysis reports, as well as conducted site planning design consultation for the proposed Anaheim Resort Hotel and Spa
Development Project. Kell also provided expertise on the City of Anaheim's Kaiser Permanent Orange County Medical
Center Project, providing an EIR traffic Impact analysis report, parking demand analyses, and signing and striping and
traffic signal design plans. Keil Is also a Registered Traffic Engineer In California.
GIS, Coral Welton is experienced In managing a variety of mapping and geospatial projects using her advanced technical
capabilities in GIS and applied knowledge in disciplines related to environmental consulting. She is highly skilled in
ArcGIS, ArclNFO, ArcView, cartography and map production, Adobe illustrator CS2, database design and management
(Structured Query Language, Microsoft Access, Visual Basic Application [VBA)), CAD interpretation and Integration into
GIS, and air photo interpretation.
PROJECT EXPERIENCE
Within our extensive development project portfolio, we have managed numerous projects involving residential
components. We have selected a few of these local projects to highlight.
Projects Within the Past Five Years
As- Needed Extension of Staff and Environmental Documentation Services —City of Santa Ana
Our local environmental planners, including Chad Beckstrom, are providing on -call CEQA compliance and training
services. Under this contract, we also prepared several small CEQA documents, including an iS /MND to remodel the
California Palms Motel into a residential hotel, which included analysis of air quality, cultural resources, hazardous
materials, water quality, noise, and traffic impacts; preparation of an IS /MND for the construction of 38 residential units at
Alton Court, which Involved demolishing an existing on -site warehouse, Improving public roadway, landscaping and
open space, and developing common recreational areas; and preparation of an IS/ND for the Santa Ana State Enterprise
Zone application. Larger CEQA needs ICF met includes preparing an EIR for the proposed West End Lofts (project
cancelled) and a six -story Infill development In the City's Downtown National Register District.
Use or disclosure of data contaaied on this sheet is subject
to the resuktion on the Me page of thisproposal
25G -16
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Environmental Consulting Services (200 East First American Way) j City of Santa Ana
We also worked closely with the City's Planning Division to deliver two CEQA training sessions, following the departure of
their Environmental Coordinator. The training, led by Chad, focused on educating the staff on how to conduct
environmental reviews under CEQA. Chad even worked at least one day a week at City Hall to provide follow -up hands -
on training and CEQA advisory services as an extension of staff for a six -month period. Chad worked with City planners
and staff in other City Departments during his time on -site at City Hall to review environmental documents prepared by
City planning staff, provide advice related to CEQA /NEPA, and answer general questions regarding the environmental
review process relative to the City entitlement process. He continues to offer general advice over the phone and
occasional document review on an as- needed basis.
Reference: Karen Haluza, AICP; Planning Manager, City of Santa Ana; 20 Civic Center Plaza, Santa Ana, CA 92707; (714)
667 -2728
Year Completed; Contract completed in 2011.
Multiple Development Projects —City of Newport Beach
ICF prepared CEQA documentation for multiple development projects in the City of Newport Beach, including the
following:
A Newport Business Plaza Administrative Draft IS /MND. ICF prepared an IS checklist and MND for a general plan
amendment and planned community text for a development project requiring a General Plan Amendment to
Increase the maximum allowable entitlement. The project proposed demolishing the existing one -story office
building comprised of two connected buildings, and construction of three separate office buildings, two 3 -story
buildings and one 1 -story building, and multi -level parking. The project also required an amendment to the Koll
Center Planned Community Text to allow an Increase In the maximum net square footage. The proposed project was
located within one mile of John Wayne Airport and subject to Its respective AELUP.
• PRIES Office Building B Administrative Draft IS /MND. ICF prepared an IS checklist and MND for a general plan
amendment and planned community text amendment for a development project in the Koll Center. The project
required a General Plan Amendment to Increase the maximum allowable entitlement. The project proposed a three
story building to replace existing paved surface parking located between two office buildings. The project also
included an amendment to the Koll Center Planned Community text to allow an Increase to the maximum net square
footage. The proposed project was located adjacent to a retarding basin and located in the San Diego Creek
Watershed. TMDLs for nutrients, sediments and toxics were discussed as the main tributary of the San Diego Creek
Watershed, San Diego Creek, drains directly into the Upper Newport Bay. The project was also located within one
mile of John Wayne Airport and subject to its AELUP.
• Beauchamp General Plan and Coastal Land Use Plan Amendments IS /MND. ICF prepared an IS checklist and MND for
a general plan amendment and local coastal program amendment for a development project on the Balboa
Peninsula. The project included the demolition of two existing tennis courts and clubhouse and the construction of
five residential dwelling units. The proposed project changed the General Plan land use, so that the land use
designations would be consistent with Single Family Residential Zoning district. The proposed project was located in
a low -lying flat area of Newport Beach which is affected by ocean tides and susceptible to flooding. The proposed
project was located in an area of 100 -year flooding and tsunami Inundation at extreme high tide.
Reference; Janet Johnson Brown; Associate Planner, City of Newport Beach; 3300 Newport Blvd., Newport Beach, CA
92663; (949) 644 -3236
Year Completed: The Newport Business Plaza and Beauchamp General Plan projects were completed in 2010. The PRES
project was completed in 2011.
AltonlMillikan Avenue Apartments EIR —City of Irvine
The City of Irvine's Senior Planner Bill Rodrigues has acclaimed, "ICF understands CEQA," and this is evident in a recent
project Chad Beckstrom managed for the City of Irvine. We prepared an EIR and technical studies (air quality, cultural
resources, paleontological resources, geology, hazards, noise, traffic, and water quality) to support the development of a
156 -unit residential complex on the northeast corner of Millikan Avenue and Alton Parkway in the Irvine Business
Complex. The site plan proposes to wrap residential units around a six -level parking structure and includes an on -site
Use or disclosure of data contak?ed on (ills sheet is subject
to the restriction on the title page of this proposal.
25G -17
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Environmental Consulting Services (200 East First American Way) I City of Santa Ana
recreation area. The new facility is intended to be constructed on a 2.5 -acre parcel, currently developed with a 44,572 -
square foot light industrial building. All existing onsite improvements will be demolished to accommodate the proposed
Improvements. Major environmental Issues include traffic, air quality, noise, aesthetics, hazards, land use and planning,
recreation, and public infrastructure.
Reference: Bill Rodrigues, AiCP, Senior Planner; City of Irvine, One Civic Center Plaza, Irvine, California, 92606,(949) 724-
6359
Year Completed; This project is currently on hold; our services were provided In 2007
Brea Mall Expansion EIR —City of Brea
With Chad Beckstrom as the Project Manager, ICF prepared a draft EIR to support the expansion of the Brea Mall, as
proposed by private developer and applicant, Simon Property Group. The existing mall structure was to be expanded
with approximately 200,000 square feet for retail and restaurant uses In nine new 1- and 2 -story buildings. A 6 -level
above grade parking structure would also be constructed adjacent to the existing southerly entry. The parking structure
and reconfigured surface parking lot would provide a net Increase of 1,622 new spaces to serve the new expanded mail.
Key environmental issues included aesthetics and visual resources, air quality, land use and planning, noise, and
transportation /traffic. Chad worked closely with the City of Brea, who was the CEQA lead agency. David Crabtree from the
City of Brea commented that "Chad has an excellent grasp of CEQA, but Is able to build meaningful relationships with
City staff that ultimately streamline team communications."
Reference: David Crabtree, AICP, Deputy Director /City Planner; City of Brea;1 Civic Circle, Brea, California 92821; (714) 990-
7600
Year Completed; This project was cancelled after the preparation of the draft EIR.; our services were provided In 2009.
Additional Development Project Experience
East Orange Projects (Santiago Hills II Planned Community) EIR and Supporting Studies —City of Orange
iCF prepared a controversial EIR for the East Orange General Plan (EOGP) and the Santiago Hills II development. The
document addressed several major components, Including; (1) amendments to the City or Orange's General Plan to the
goals and policies of the EOGP, (2) modifications to the Santiago Hills II Planned Community, (3) tentative subdivision
maps for the Santiago Hills 11 Planned Community, (4) amendments to the County Master Plan of Arterial Highways
(MPAH), as well as others. While the EIR addressed the environmental impacts of these goals, the project's main challenge
involved major areas of controversy voiced by the public, including: aesthetics, air quality, biological resources, geology,
hydrology (with respect to the impact and development of stormwater on Handy Creek and Peters Canyon Reservoir),
and noise.
The City of Orange's Deputy Planning Director, Edward Knight observed, "The project was a highly visible and
controversial proposal, which, as anticipated throughout the environmental process, was challenged in court after the
EIR was certified. However, the thorough and professional work done by ICF allowed the City to prevail in court and
survive litigation."
Rosedale Ranch Program EIR Mixed -Use Development —City of Bakersfield
ICF prepared a Program EIR for a new master planned community consisting of residential, commercial, Village Center,
and park components over a 1,655 -acre site. The residential components would be organized into three villages. The
Village Center provides for retail, office, entertainment, employment, institutional, and service uses, and would also
comprise approximately 900 units of higher density multi - family residential and live -work opportunities. Additional
pieces of the master planned community includes a 245 -acre regional business complex for commercial retail,
commercial office; and light industrial, assembly, warehouse, office, and manufacturing uses. The master - planned
community would also include recreational elements such as a 17 -acre lake with a lake and beach club, a community
sports park, a great park, village greens, and various neighborhood parks and trails.
Use or disclosure of data contained on this sheet is subject
to the restriction on the tide page of this proposal.
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Our Program EIR addressed the environmental Impacts at a programmatic level for the land use entitlements, which
Included a General Plan Amendment, Zone Change, development agreement, and annexation of the property to the City
of Bakersfield. Major environmental issues include agricultural land conversion, air quality, biological resources, cultural
resources, hydrology and water quality, land use and planning, noise, public services and utilities, transportation and
traffic, and cumulative impacts from ongoing growth in the region.
Rain Bird Residential Development —City of Glendora
Another mixed -use residential experience was the EIR we prepared for the Rain Bird Residential Development proposed
by William Lyons Homes in the City of Glendora. The project site was occupied by the Rain Bird Corporation
Headquarters, and was used for Rain Bird's corporate offices, as well as the company's product research and testing
facilities. The proposed project involved a Specific Plan for the subdivision and development of 27.6 acres for 53 single -
family detached residential units, 87 triplex -style condominium units, a 1 A -acre passive park, and a 4.7 -acre linear open
space buffer area adjacent to a railroad right of way. The major environmental Issues Involved In the project included
land use and planning, noise, traffic, air quality, biological resources, cultural resources, public services and utilities,
aesthetics, geology and soils, hazardous materials, population and housing, recreation, and cumulative Impacts.
Traffic Subconsultant Project Experience (LLG)
MacArthur Place —City of Santa Ana
LLG provided an opportunities and constraints analysis, traffic master planning, and internal circulation design for a four
million square -feet urban village in a City redevelopment area. They prepared a Traffic Impact Study to address near- and
long -term traffic conditions that resulted in a comprehensive cumulative traffic mitigation program by project phase. LLG
also prepared signing, striping, traffic signal and traffic control plans for phased implementation, as well as provided
consultation and design support in conjunction with the development of specific parcels.
Hutton Centre —City of Santa
LLG provided traffic planning and internal circulation design, an EIR Traffic Study, and traffic signal and street
channelization plans for a two million square -feet mixed -use office development. Subsequent traffic studies focused on
the impacts of specific development components.
Maguire Orange Center —City of Orange
LLG prepared a Traffic Impact Analysis Report for the Maguire Orange Center Project, a proposed mixed -use
development consisting of 1,172,000 square -feet of office space, 27,038 square -feet of retail space, 14,900 square -feet of
restaurant space and a 42,685 square -feet 24 -Hour Fitness Club facility, located in the City of Orange. The traffic study
evaluated the proposed project's potential near- and long -term traffic impacts at 60 key study intersections and 31 key
roadway segments, provided recommendations to Improve site access and internal circulation and evaluated the
proposed project's parking needs. LLG worked closely with City staff and the EIR consultant during the preparation of the
Traffic Impact Analysis Report and throughout the approval process.
Availability
The ICF team Is ready and available to take on this EIR project for the City. The following lists the time availability of the
key personnel on a percentage basis.
Use or disclosure of data contained on this sheet is subject
to the restriction on the title page of this proposal
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PROJECT APPOACH AND CEQA WORK PLAN
Understanding of the City and the Anticipated Project
ICF understands the environmental issues relative to infill urban development in built -out cities such as Santa Ana. The
anticipated residential development located at 200 East First American Way Is located in one of the City's "District
Centers" known as MacArthur Place, 128 acres In the southeast portion of Santa Ana, near the juncture of the SR -55 and 1-
405. This area is also near employment centers around the John Wayne Airport, Irvine Business Complex, and South Coast
Metro.
The MacArthur Place District Center contains an existing office /hotel complex and a proposed major mixed -use project
which includes professional offices, supporting commercial, and mid and high -rise residential components. The
MacArthur Place District Center is designed as an intense, urban, and mixed -use center that supports the local
employment base. Within the MacArthur Place District Center, three key projects are proposed: Skyline consisting of two
high -rise residential towers; Montage at MacArthur Place, a condominium development at the southeast corner of Main
Street and MacArthur Boulevard; and Promenade Point, with multiple residential towers. Since January 2006, over one
thousand residential units have been built or approved within the MacArthur Place District Center.
The District Center (DC) General Plan land use designation is generally reserved for major activity areas or nodes within
the City designed with an urban character defined by eclectic skylines that include a mixture of high -rise office,
commercial, and residential land uses. The General Plan goals and policies support the creation of high intensity, mixed -
use experiences that support the mid- to high -rise residential development in the varied District Centers (Policy HE -2.2,
Policy 1.2). In accordance with the City's General Plan, Santa Ana Is developing new residential neighborhoods In District
Centers close to employment centers to protect and stabilize existing residential neighborhoods, support the City's
economic base, and provide housing for the local workforce.
The project site is located In a developed and built -up portion of the City, and as a result, natural resource issues are
limited. However, the key environmental Impacts associated with the proposed project are likely to be focused on urban
development issues such as noise, traffic, air quality and greenhouse gasses, land use, and public service and utility
capacities. Based on a review of the City's General Plan, the site lies just outside of the John Wayne Airport 60 dBA Impact
zone, but is subject to height restrictions due to being within the AELUP Notification Area, and within the Obstruction
Imaginary Surfaces zone (Horizontal Surface 206'). We also recognize that the existing transportation and roadway
network in this area is constrained, and future intensification of development will require corresponding Improvements
to the circulation system If current levels of service are to be maintained. The City's General Plan acknowledges that the
addition or expansion of transportation facilities will have a corresponding impact on adjacent development over time,
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and the historical approach to solving congestion problems (increasing roadway capacity by widening streets, or
building new roads) is the least likely option to be considered by the City.
In terms of land use compatibility, the project would generally be consistent with the District Center concepts, goals, and
policies, Including land use and energy goals related to reducing land use - related energy consumption. These goals and
policies encourage higher density mixed -use housing and office development to relate to areas of higher transportation
access and capacity. In recent decades, Santa Ana has experienced slower growth in housing, due in part to the lack of
vacant land and built out fabric. At the same time, the City's population increased by about 60,000, due In part to
increased Immigration and demographic trends reflective of southern California. The General Plan anticipates additional
infill housing through 2015 particularly In the City's District Centers.
ICF will bring our past experience working with the City of Santa Ana as well as other local government agencies In
preparing environmental documents for similar types of infill projects to bear on the proposed project.
Scope of Work for the Environmental Impact Report (EIR)
ICF will prepare an Environmental Impact Report (EIR) in accordance with State CEQA Guidelines, as well as all up- to-date
CEQA - related legislation and case law. The environmental analysis will focus on the project, as delineated In the project
description, preliminary engineering designs, and other information provided by the City and /or Project Applicant. ICF
understands that our scope of work for environmental review and technical services needed for the 200 East First
American Way project will involve the tasks outlined below.
Task 1. Project Initiation /Develop Project Description and Objectives
Chad Beckstrom and Renee Escario, as the project management team, will meet with the City's project team within five
days of the Notice to Proceed (NTP) to discuss the project issues, refine our scope if necessary, and gather project specific
data and materials (including design details, construction assumptions, and construction schedule) to begin the
environmental analyses.
Following this meeting, ICF will review this information to gain a firm understanding of the project and the Issues. Our
project management and necessary technical staff will conduct field visits to review the site and the overall context of the
surrounding area. Renee will prepare an information needs request to identify any additional project specific information
that will be needed for preparation of the EIR. Renee and Chad will also work with the City to develop the project
objectives and a detailed project description.
At the completion of this task, Renee will provide the City with a Draft Project Description and project objectives for
review.
Deliverables
• Attendance atone project Initiation meeting (two team members attending), including travel time and preparation.
• Attendance atone site visit (assumes up to four team members), including drive time and preparation.
• Draft and final project description and objectives (assumes one round of review and revision)
• Memo documenting information requests.
Task 2. Prepare a Draft Initial Study /Notice of Preparation (IS /NOP)
ICF will prepare a Draft IS/NOP for the project, which will include an evaluation of the environmental resources contained
In the CEQA Environmental Checklist. The IS/NOP will include:
• Discussion of existing conditions;
• Project description;
• Evaluation of all potential environmental impacts; and
• identification of environmental Issues to be analyzed in the EiR.
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Upon the City's approval of the IS/NOP, we will produce the IS /NOP for public review. The budget assumes one
round of review and revision of the IS /NOP. The IS will be attached to the NOP for a 30 -day public review period.
We will work in consultation with City staff to develop a distribution list for the IS /NOP, we will post the NOP at
the County Clerk's office and mail the IS /NOP along with a Notice of Completion (NOC) form to the State
Clearinghouse. At the City's request, although not required or included in our scope, we will also assist the City in
developing media advertisements and assisting with direct mailing of the IS /NOP.
Deliverables
0 Print and mail up to 30 hard copies of the IS /NOP, plus 15 copies to the State Clearinghouse, Office of
Planning and Research.
• Post IS /NOI at the County Clerk.
• Provide PDF version suitable for the City to post on their website.
Task 3. Public Scoping Meeting
ICF will work with the City to facilitate a scoping meeting to solicit public input on the scope of the EIR. We will
work with City staff to determine the most appropriate format for the scoping meeting (e.g., open house or
community presentation) and prepare all materials necessary for the scoping meeting (PowerPoint Presentation,
comment cards, sign -in sheets, handouts, poster boards). ICF's project manager and applicable technical staff will
be available to present the project information, as well as information regarding the environmental process and
preliminary findings on the IS. We will facilitate public comments from the audience and provide meeting minutes
to the City following the scoping meeting.
Task 4. Prepare Technical Studies
Due to the nature and location of the proposed project it is anticipated that the following technical studies will be
required:
• Traffic Impact Analysis
• Air Quality Impact and Greenhouse Gas Analysis
• Noise Impact Study
• Cultural Resources Study
It is anticipated that the applicant would provide a preliminary level of site specific technical analysis including:
preliminary site plan, grading plans, a preliminary geotechnical study, and a water quality management plan.
Traffic Impact Analysis (TIA) Provided by LLG
The following tasks are included in preparation of a project specific TIA, which will be summarized in the EIR and
included as an Appendix.
TIA Task 1: Project Mobilization
• LLG will confirm the project description, work schedule, and assumptions to be utilized in the TIA. This will
include the assumptions to be used for the project completion year and anticipated phasing, if any. LLG
would need to obtain a current project site plan that illustrates the access scheme to the project site in both
hard copy and digital formats.
• LLG will work with City staff to discuss the project and analysis criteria, confirm the study approach, identify
pertinent traffic issues and concerns, and formalize the Scope of Work for the TIA, which will be submitted to
the City for review and approval.
Use or dudowre oldata contained on this sheetis subject
to the resbktion on the We page of this proposal
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TIA Task 2: Data Collection and Research
• Visit the project study area to confirm existing conditions with respect to existing site development, local area
development, site access, parking use, and areas of congestion in order to verify our overall understanding of
traffic conditions in the area that might affect this project.
• Document the existing roadway striping, traffic control measures, curbside parking restrictions, adjacent
intersection configurations, and other pertinent roadway features.
• Obtain existing street improvement plans /striping plans for key roadways in the immediate vicinity of the
project site. Compile information with regards to planned street improvements in the project study area.
• Conduct AM peak period and PM peak period traffic volume counts at up to fifteen (15) study intersections.
The traffic counts will be conducted between the hours of 7:00 AM and 9:00 AM and 4:00 PM and 6 :00 PM.
These traffic volume data will be utilized in the traffic impact analysis for the project. The number and location
of the study intersections will be verified with City staff prior to commencement of the analysis. Should traffic
and analysis of additional intersections be required (i.e., more than 15 intersections), an amendment to the TIA
scope and budget will be necessary.
• Conduct 24 -hour machine traffic counts at up to fifteen (15) roadway segments to support the Greenhouse
Gas, Air Quality and Noise analyses.
• Research data at the City of Santa Ana, adjacent jurisdictions and recent traffic impact studies prepared for
developments in the project vicinity regarding the status of other proposed developments (related projects) in
the area that may contribute cumulative impacts to the adjacent street system and study locations in the
vicinity of the proposed project. The compiled list of related projects will be forwarded for review and
approval by City staff.
• Obtain development information for the remaining vacant portion of the 3 -acre parcel to include as a related
project in the cumulative traffic setting.
TIA Task 3: Trip Generation, Distribution, and Assignment
• Prepare trip generation forecasts for the proposed project for a typical weekday over a 24 -hour period, as well
as for the commuter AM and PM peak hours. The trip generation forecasts will be derived from trip rates
listed in Trip Generation, 8h Edition, published by the Institute of Transportation Engineers (ITE) in 2008.
Appropriate trip generation credits will also be applied for the existing land uses on site, mixed -use
development, and transit, if applicable.
• Assign the forecasted AM and PM peak hour trips expected to be generated by the proposed project to the
study intersections based on existing and anticipated traffic patterns to and from the project site, and input
from City staff. The assumed distribution pattern will be submitted for review and approval by City staff prior
to finalization.
• Prepare trip generation forecasts for the related projects for a typical weekday over a 24 -hour period, as well
as for the commuter AM and PM peak hours utilizing the ITE Trip Generation publication. The AM and PM
peak hour trips expected to be generated by the related projects will be distributed and assigned to the local
street system.
TIA Task 4: Formulation of Existing Plus Project, Near -Term, and long -term Traffic Volumes
• Develop daily, AM peak hour and PM peak hour "existing plus project" traffic volume projections for 15
intersections and 15 roadway segments.
• Develop daily, AM peak hour and PM peak hour "near -term" traffic volume projections based on the
application of an annual growth factor to the existing traffic volumes plus the addition of related project
traffic plus the addition of Project traffic for 15 intersections and 15 roadway segments.
Use of disclosae of data contained on this sheet is subject
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■ Contact OCTA and formally request preparation of OCTAM 3.3 approved computer traffic model runs for the
model baseline conditions, and Year 2035 buildout conditions for the AM and PM peak periods and daily
traffic conditions.
■ Forecast future Year 203.5 traffic volumes using the following methodology:
(a) Peak period traffic volumes will be converted to peak hour (i.e., one -hour) traffic volumes using a
conversion factor of 0.38 for the AM peak hour and 0.28 for the PM peak hour;
(b) Calculate the difference between the model baseline and the Year 2035 buildout peak period traffic
volumes and convert to AM and PM peak hour (i.e., one -hour) link traffic volumes;
(c) Link traffic volumes (i.e., two -way directional traffic volumes on each roadway segment) will be post -
processed using the "b- turns" program and the relationship of the base year validation model run
output to the base year "ground" traffic counts to develop 2035 AM and PM peak hour traffic
volumes.
TIA Task 5: Project Evaluation and Mitigation Analysis
■ Prepare AM peak hour and PM peak hour Level of Service (LOS) calculations at up to fifteen (15) study
intersections to determine the potential impacts of the proposed project. The following traffic scenarios will
be prepared.
(a) Existing Traffic Conditions;
(b) Existing Plus Project Traffic Conditions;
(c) Scenario (b) with Mitigation, if necessary;
(d) Near -Term Background Traffic Conditions (Existing plus Ambient Growth plus Related Projects);
(e) Near -Term Background Plus Project Traffic Conditions;
(f) Scenario (e) with Mitigation, if necessary;
(g) Long -Term (2035) Traffic Conditions;
(h) Long -Term (2035) Traffic Conditions Plus Project; and
(i) Scenario (h) with Mitigation, if necessary.
• The LOS calculations will be based on City - approved capacity analysis methodologies (i.e., Intersection
Capacity Utilization method, Highway Capacity Manual method, etc.). The future background traffic volumes
will be forecast by applying a growth factor (typically estimated at 1.0 to 2.0% per year) to the existing traffic
volumes and adding traffic from cumulative developments (related projects) in the study area, while long-
term projections will be forecast based on OCTAM 3.3 traffic forecasts. Prior to initiation of the analysis, we
will confirm the traffic analysis conditions with City staff.
• Assess the impact of the project based on the results of the peak hour intersection analyses, the City's LOS
standards and application of the City's significance criteria. Based on this assessment, determine which
intersections (if any) will require improvements to mitigate potential traffic impacts associated with the
proposed project to less than significant levels.
• Provide recommended mitigation measures which may include intersection and /or signalization
improvements, striping modifications, the addition of auxiliary turn lanes, traffic control /limitations at site
access points, etc. Please note that this proposal assumes the recommended mitigation measures can be
adequately described within the text of the report. Should the City request preparation of plans to further
demonstrate the feasibility of the mitigation measures, an amendment to our contract will be necessary.
• Calculate the net traffic increment (fair -share percentage) due to the project at the impacted intersections.
Based on the required mitigation measures, estimate the project's fair -share towards the cost of the proposed
mitigation improvements.
Use of disclosure ofdota contained on thissheetis subject
to the teshictrbn on the title page of this proposal
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Environmental Consulting Services (200 East First American Way) I City of Santa Ana
TIA Task G: Site Access and Circulation Review
• Review the proposed site plan and provide recommendations to address City concerns regarding site access
and circulation. Prepare AM and PM peak hour LOS calculations at the project driveways.
• Evaluate and comment on the proposed access and internal circulation scheme of the proposed project, with
a focus on on -site circulation layout and design, ingress and egress safety opportunities and constraints,
adequate sight distances at project driveways, pedestrian circulation, locations of proposed driveways with
respect to existing (conflicting) driveways, striping configurations, and median modifications, if any.
TIA Task 7: Alternative Projects Trip Generation Comparison
■ Prepare a qualitative trip generation comparison between the proposed project and up to four (4) project
alternatives.
TIA Task 8: Construction Traffic Assessment
■ Prepare a qualitative construction traffic assessment for the proposed project to include a trip generation
analysis and a construction traffic management plan. Trip generation forecasts will be developed for the
following construction activities: 1) demolition, 2) site preparation, and /or 3) building construction. In order to
forecast the potential construction related trips associated with the construction activities at the project site,
the hours of operation, duration, number of truck trips and employees at the site will be needed.
TIA Task 9: Preparation of the TIA
• Prepare a Screencheck TiA that details all of the above - mentioned items including our analysis, findings and
conclusions. The Screencheck TIA will be suitably documented with tabular, graphic and appendix material.
The report will be submitted for screen -check review by the appropriate members of the project team and the
city.
• If necessary, revise the Screencheck report based on project team and City comments and submit a Draft TIA
for inclusion into the Draft EIR. The Draft TIA will be suitably documented with all tabular, graphic and
appendix materials.
The completed technical report will be provided as an Appendix to the EIR and summarized in the traffic section
of the EIR.
Air Quality Impact and Greenhouse Gas Analysis
An air quality impact and greenhouse gas technical analysis will be prepared consistent with the technical
requirements and methodologies outlined in the South Coast Air Quality Management District's (SCAQMD) CEQA
Air Quality Handbook (as updated per the revisions posted on the SCAQMD website), Localized Significance
Threshold Methodology for CEQA Evaluations, and Particulate Matter (PM) 2.5 Significance Thresholds and
Calculation Methodology guidance documents.
Climate change /GHG emissions, specific methodologies and thresholds will be developed based on information
provided in the California Air Resources Board (CARE) publication Local Government Operations Protocol for the
Quantification and Reporting of Greenhouse Gas Emissions Inventories and consultations with City and SCAQMD
staff members. The air quality assessment will consist of the following:
• Regulatory Setting. The regulatory setting will include pertinent air quality statutes and regulations, including
the federal Clean Air Act, California and National Ambient Air Quality Standards, and SCAQMD Air Quality
Management Plan (AQMP) consistency.
• Existing Air Quality Conditions. The project site is located within the SCAQMD Source Receptor Area No. 17
(Central orange County), and as such, local air quality will be characterized by ambient air quality data
collected at the Anaheim ambient air monitoring station. A summary of regional meteorology and local air
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quality conditions as measured at said monitoring station and a description of monitoring data compares to
national and state ambient air quality standards.
• Construction- Period Mass Emissions. A construction emissions inventory that will include combustion
emissions related to construction equipment operation; fugitive emissions related to site preparation and
earthmoving activities; mobile source emissions related to construction worker and haul truck trips; and ROC
emissions related architectural coating application and asphalt pavement. The emission inventory will then be
compiled on a daily basis and compared to SCAQMD regional emissions and localized emissions thresholds to
determine significance.
• Operations- Period Mass Emissions Analysis. A regional emissions inventory including a quantification of
mobile source emissions related to project - generated traffic and stationary source emissions related to energy
demand (i.e., electricity and natural gas consumption) will be included in the analysis. This emission inventory
will be compiled using the URBEMIS 2007 land use emissions model, or other approved model, and compared
to applicable SCAQMD daily emissions thresholds to determine significance.
• Localized Carbon Monoxide Concentration Analysis. The analysis will include the degree to which project -
related traffic volumes have a potential to effect local carbon monoxide (CO) concentrations using California
Department of Transportation CO Hotspot Protocol. Potential impacts will be evaluated utilizing the CALINE4
dispersion model and EMFAC 2007 emissions factors at up to 8 intersection locations for six scenarios (Le.,
Existing No- Project, Existing with Project, Existing with Project Alternative, Future No- Project, Future with
Project, and Future with Project Alternative).
• Potential for Health Risk Impacts. Based on a review of the Project Description, a quantitative health risk
assessment (HRA) will not be required. Impacts related to toxic air contaminant (TAC) emissions during short-
term construction and long -term operations will be evaluated qualitatively.
• Climate Change /Greenhouse Gas Emissions. Using guidance detailed in the Local Government Operations
Protocol for the Quantification and Reporting of Greenhouse Gas Emissions Inventories (CARB, September 25,
2008), project - related GHG emissions will be estimated using the a combination of approved software
programs and the GHG calculation formulas provided in the California Climate Action Registry, General
Reporting Protocol, Reporting Entity -Wide Greenhouse Gas Emissions, version 3.1. Significance criteria will be
developed based on discussions with SCAQMD and City staff members, using the CARB preliminary draft staff
proposal Recommended Approaches for Setting Interim Significance Thresholds for Greenhouse Gases under the
California Environmental Quality Act (CARB, October 24, 2008) and the Preliminary Draft CEQA Guideline
Amendments for Greenhouse Gas Emissions (OPR, January 8, 2009) as points of departure.
• Consistency with AQMP. The analysis will evaluate the project's consistency with the SCAQMD's 2007 AQMP
in accordance with the procedures set forth by the SCAQMD.
• Mitigation Measures. Mitigation measures will be developed, where applicable, to address any significant air
quality impacts.
Noise Impact Study
ICF will conduct a noise analysis for the proposed project in accordance with CEQA requirements. Our local noise
engineer is certified by the Institute of Noise Control Engineers and has conducted numerous analyses for projects
involving residential uses. The Noise Impact Study will:
• Identify relevant noise regulations (City, State and federal) and determine significance thresholds by which to
compare potential project impacts.
• Identify existing land uses in the project area along with existing sources of noise, including the nearby
roadways.
• Quantify existing noise conditions in the project area based on noise measurements. Five short-term noise
measurements (10 -15 minutes in duration) and one long -term measurement (24 hour) are included within this
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scope of work. The short-term noise measurements will be conducted at potentially sensitive noise receivers
and the long -term measurement will be conducted on the project site.
• Evaluate construction noise based on construction equipment data to be provided by the City and noise
modeling methods recommended by the U.S. Department of Transportation.
• Model conditions using traffic data provided by LLG, traffic noise along project- adjacent roadways and noise
generated by the neighboring land uses, using the most recent version of the FHWA- approved traffic noise
prediction model. Key roadway segments will be assessed, to adequately determine existing and future
conditions.
• Predict noise from the on -site operations (i.e., traffic, parking lot, and project equipment) at the nearest noise -
sensitive land uses using data from similar, prior projects and available published data.
• Give special consideration to nearby sensitive receptors, including existing residences and hotel.
The significance of noise impacts will be assessed based on relevant thresholds (City of Santa Ana, State and
federal). If significant noise impacts are identified, mitigation measures to reduce impacts to a less -than-
significant level (where feasible) will be recommended. The findings of the noise analysis will be included in a
technical report provided as an Appendix to the EIR and summarized in the noise section of the EIR.
Cultural Resource Evaluation
ICF recommends that a records search, locality search, site visit, and assessment report be prepared to evaluate
the potential for archeological and paleontological resources to be found on the project site. This evaluation will:
• Conduct research records at the South Central Coastal Information Center of the California Historical
Resources Information System (CHRIS).
• Survey the site in accordance with professional standards and methodologies. For costing, we assume no
resources will be identified in the field requiring evaluation.
• Will follow the Society of Vertebrate Paleontology's guidelines related to paleontological resources, which are
widely accepted as an industry standard.
• Assess the project - related risks to paleontological resources by utilizing published geologic and
paleontological literature and museum databases, likely including the databases of the Los Angeles County
Museum of Natural History, San Bernardino County Museum, University of California Riverside, California
Academy of Sciences, and University of California Museum of Paleontology in Berkeley.
The findings of the cultural resource evaluation will be included in a technical report provided as an Appendix to
the EIR and summarized in the Cultural Resource section of the EIR.
Task 5. Prepare Administrative Draft EIR
To utilize time most efficiently, preparation of the technical studies would occur concurrently with preparation of
the Administrative Draft EIR.
ICF will prepare a fully edited Administrative Draft EIR for the City's review and comment. The Administrative Draft
EIR will include all of the required components as outlined in the CEQA Statutes and Guidelines and will
incorporate relevant case law and recent legislation. ICF will also consult with responsible agencies, review
available information, and prepare the appropriate analysis for the respective issues.
The EIR will focus on the potentially significant environmental impacts identified in the IS /NOP. The EIR will
synthesize the previously identified technical studies and provide a qualitative analysis of the other environmental
resource areas. The EIR will include a discussion of the existing conditions /affected environment, environmental
impacts, levels of significance of the impacts, and appropriate mitigation measures for each environmental
Use or disclosure of data contained on this sheet is subject
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Environmental Consulting Services (200 East First American Way) I City of Santa Ana
discipline, as needed. As required, the documents will include a discussion of direct, indirect, growth - inducing, and
cumulative impacts.
Following the City's review and approval of the administrative draft documents, ICF will incorporate the City's
comments and will revise the document accordingly. For scoping and costing purposes, we have assumed one
round of administrative draft submittals.
Cumulative Impacts
The cumulative impacts analysis will focus on the potential for environmental impacts from this project, along with
other proposed and reasonably foreseeable projects in the area. We will develop the list of cumulative projects in
coordination with City staff, and reach out to surrounding jurisdictions. We will evaluate and discuss the project's
contribution to the overall cumulative baseline to identify "cumulatively considerable" impacts. Mitigation
measures will be developed for any cumulatively considerable impacts, if applicable.
Alternatives Analysts
ICF will work closely with the City to identify and screen a reasonable range of alternatives for analysis in the EIR.
In accordance with CEQA, we will qualitatively analyze the alternatives at a reduced level of detail in comparison to
the proposed project, and we will compare the impacts of each of the alternatives with those of the proposed
project, which will be presented in a narrative and a matrix format. CEQA requires that the FIR identify an
environmentally superior alternative, and this summary matrix format will support that determination. We assume
that the alternatives analysis will involve the No Project Alternative, a Reduced Project Alternative, and up to two
other potential build -out scenarios.
Growth - Inducing Impacts
ICF will evaluate whether the proposed project would have the potential to directly or indirectly foster economic
or population growth. This will include an assessment of whether the project or its components would directly
contribute to growth or remove obstacles to population growth, such as through the extension of infrastructure.
We will evaluate whether the project would result in additional impacts to existing community resources or would
encourage and facilitate other activities that could significantly affect the environment.
Significant Irreversible Environmental Changes
ICF will summarize the significant unavoidable impacts resulting from the project and will identify any significant
irreversible changes and irretrievable commitments of the environment. This will include a discussion of the use of
nonrenewable resources, permanent conversion of land uses, improvements to areas previously inaccessible, and
other factors that would commit future generations to similar environmental effects.
Effects Found Not To Be Significant
ICF will provide a qualitative explanation of issues found not to be significant during the IS process, as well as
effects that were studied in the EIR that were determined to be less than significant.
Deliverables
■ Screencheck Draft EIR including all Technical Studies— 5 hardcopies and one round of review is assumed in
the budget
■ Electronic files and CD of the Screencheck Draft EIR
Use or disclosure of data contained on this shml is subject
to theresoictlon on the title page ofthis proposal
25G -28
Page 16
Environmental Consulting Services (200 East First American Way) I City of Santa Ana
Task 6. Prepare Screencheck Draft EIR and Distribute Public Review Draft EIR
Following the City's review of the Administrative Draft EIR, we will revise the document and prepare a Screencheck
Draft incorporating the City's comments prior to distribution of the public Draft EIR. The budget and schedule
assumes two rounds of review and revision of the Public Review Draft EIR. We will finalize the Draft EIR and
submit up to 20 hardcopies and 20 CDs to the City for distribution during the 45 -day public review period. We will
draft the Notice of Availability (NOA), NOC, and assist with media notices. ICF will submit the NOC to the State
Clearinghouse along with the requisite number of copies of the document. If requested by the City, ICF will assist
with distribution and mailing of the Draft EIR to agencies or persons on a mailing list provided by the City. It is
assumed that posting the NOA at the County Clerk and any mailings to local residents or newspaper notices
would be prepared and distributed by the City and is outside of this scope of work.
Deliverables
■ NOC and Draft EIR submittal to State Clearinghouse
■ Posting of NOA at County Clerk
■ 20 printed and bound copies of Draft EIR
0 20 CDs containing Adobe Acrobat files of the Draft EIR
S NOA
Task 7. Prepare Administrative Final EIR
Prepare Response to Comments
ICF will work closely with City staff to prepare responses to comments for comment letters received during the
public review period. Traffic related comments will be coordinated with, and responded by LLG. These responses
to comments, along with any changes to the draft environmental document, will be submitted to the City first as
an Administrative Final EIR. ICF will prepare the Administrative Final EIR according to the City- approved format,
which may include either a separate document that includes only the changed text or a reproduction of the Draft
EIR with redline and strikeout text. We assume 60 hours of ICF technical staffs time to respond to comments.
Additionally, 12 hours of Senior Transportation Engineer support and 4 hours of Principal Engineer support is
allocated for response to comments within the TIA budget.
Prepare Mitigation, Monitoring, and Reporting Program
ICF will prepare a Mitigation Monitoring and Reporting Program (MMRP) that will identify mitigation measures,
timing, responsibility for implementation, and monitoring methods. We will work with City staff to identify
appropriate responsible parties, methods, and timing. ICF will provide the MMRP in conjunction with the Screen-
check Final EIR.
Prepare Findings of Fact and Statement of Overriding Considerations
ICF will draft a findings of fact, and, if necessary, a statement of overriding considerations for the decision makers
prior to certification of the Final EIR.
Deliverables
A Admin Final EIR-5 hardcopies and 1 CD
Task 8. Distribution of Final EIR
Following the City's review and approval of the Administrative Final EIR, we will provide a Screencheck Final EIR to
the City prior to distributing the Final EIR to commenting agencies. The budget assumes two rounds of review and
revision of the Final EIR. For budgeting purposes, we have assumed 20 hard copies of the Final EIR will be
Use Of disclosure otdala contained on flits sheet is subject
to the restriction on the 6& page olthis proposal.
25G -29
Page 17
Environmental Consulting Services (200 East First American Way) I City of Santa Ana
provided. After certification of the EIR by the City Council, ICF will prepare the Notice of Determination (NOD) and
post it with the County Clerk.
Dellverables
• Final EIR— 20 hardcopies and 1 CD
• Electronic files containing MS Word and Adobe Acrobat files of the Final EIR
• Posting of NOD at County Clerk
Task 9. Attend Meetings and Project Administration
Project Coordination Meetings with City Staff and Applicant
ICF and LLG staff will be available to attend project meetings with City staff. These may include meetings with the
applicant to understand the project, administrative draft document review meetings, focused issue discussion
meetings, or preparation for public hearings. For budgeting purposes, we propose to attend up to 3 project
coordination meetings.
Planning Commission and City Council Public Hearing(s)
ICF and LLG will be available to attend Planning Commission and City Council Hearings related to the proposed
project. We will produce presentation materials as necessary, and be available to discuss the environmental review
process and results of the Draft and Final EIRs. We will assist City staff, at their direction, through the public
comment and certification processes, briefings to commissioners and City Council members, and other means of
support as may be appropriate. For budgeting purposes, we propose to attend one Planning Commission Hearing
and one City Council Hearing.
Deliverables:
■ Three project coordination meetings
■ One meeting before the Planning Commission
• One meetings before the City Council
• Additional meetings as necessary (to be billed separately on a time and materials basis)
EIR Schedule
The ICF proposed EIR work schedule shown below outlines the timeframes for the tasks described in Scope of
Services and includes time for City review, comment, and redraft of the documents, discussion, and deliberation
throughout the project. This schedule represents our best estimate based on what we currently know of the
project, and assumes that all project description information will be available at the kick -off meeting. We will
refine the schedule as part of Task 1, and will work with the City to develop a mutually agreeable schedule should
adjustments be needed.
use ordisctosure o /data contained on this sheet is subject
to theresbicdon on the We page of this proposat.
25G -30
Page 18
Environmental Consulting Services (200 East First American Way) I City of Santa Ana
'*
P.M cMeofM
Cost Estimate
Our cost estimate is organized by the tasks described in the Scope of Services, and is based on our proposed rates
identified in the fee schedule submitted with our SOQ. A detailed breakdown of labor and direct expenses is
shown on the cost spreadsheet that follows. We propose to complete the EIR scope of work identified in this
proposal for an estimated fee of $204,122, We recognize that cost can be an important factor in the ultimate
decision for selection of a consultant. While the cost presented represents our best estimate based on our current
knowledge of the project, we are willing to work with the City to refine the scope and budget should it be
necessary.
Use or disclosure oldato contabtedon this sheet is subject
to the restriction on theGde page ofAspmposat
25G -31
Page 19
25G -32
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
( "additional insureds ") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the 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
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
E
25G -33
25G -34
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE
AMENDMENT TO THE AGREEMENT
WITH CINDY KREBS CONSULTING,
INC. FOR GO LOCAL PROGRAM
TRANSIT MANAGEMENT (PROJECT
NO. 092505)
i
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a second amendment to the
agreement with Cindy Krebs Consulting, Inc. to exercise the one -year option to extend the
contract in the amount of $162,000 for a total contract amount of $480,000 subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On May 12, 2008, the OCTA Board allocated $5.9 million in Step 2 funding to Santa Ana for the
modern streetcar transit concept for detailed planning, conceptual engineering, alternatives
analysis, financial planning, and environmental work. On March 23, 2009, the OCTA Board
approved the City's funding request for $1.5 million to develop a concept Master Site Plan for the
Santa Ana Regional Transportation Center (SARTC). On June 8, 2009, Council executed an
agreement with Cindy Krebs Consulting, Inc. (CKC) in the amount of $288,000 to function as the
City of Santa Ana's Program Transit Management Consultant (PTMC) to continue to bring the Go
Local Transit Vision to fruition.
Additionally, on July 19, 2010, Council executed an amendment to the agreement with CKC to
increase the minimum hours committed to the project from 20 to 25 hours per week and to
increase the rate from $12,000 to $15,000 per month, bringing the total compensation for the two -
year contract to $318,000.
Further, on March 7, 2011, Council authorized staff to execute a cooperative agreement with the
OCTA in an amount not to exceed $5,541,700 for Pre - Preliminary Engineering (Pre -PE) and
Preliminary Engineering (PE) activities for the streetcar project. It is anticipated that a consultant
contract for this work will be awarded on July 5, 2011.
25H -1
Amendment to Agreement with
Cindy Krebs Consulting, Inc. for
Go Local Program Transit Management
May 16, 2011
Page 2 of 2
The PTMC has been working closely with City staff and other agencies, including the Community
Development and Planning & Building Agencies, OCTA, County of Orange and team of
consultants assigned to develop the Go Local Program. The PTMC's initial two -year contract is
due to expire on May 31, 2011. However, due to the additional work being generated by the Go
Local Step 2 technical analysis, Pre -PE and PE project development activities, SARTC Master
Plan Study, and public outreach campaign promoting the City's Go Local Transit Vision, staff is
recommending that the PTMC's contract be extended for one year. Staff has closely looked at the
remaining task of the Step 2 Go Local Program and other related studies. Based on staff's
analysis, PTMC's remaining work load will vary from 20 and 25 hours per week, so we are
budgeting six months at 25 hours per week, and the remaining six months at 20 hours per week,
for a total one -year compensation not to exceed $162,000.
Cindy Krebs has done an outstanding job as PTMC for the City in her first two years on the job.
Staff is very pleased with her work product and recommends retaining her professional services
for another year.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The Program Transit Management Consultant's compensation will be a maximum of $162,000
per year. This position would be funded from the $5.9 million and $5.54 million that the City
received from OCTA for the Go Local Step 2 technical analysis and Pre -PE and PE activities,
respectively. Funds are available in the OCTA Transitway Project (account unit 03217661- 66220,
project no. 092505).
r
Raul odinez II
Executive Direct
Public Works Agency
RG /DB
Exhibit 1: Amendment
APPROVED AS TO FUNDS AND ACCOUNTS:
,;�- �� M_�' 1�,.r -A '� � \� 7�__ 4 � - ;
Francisco Gutierrez fi'6
Executive Director/
Finance & Management Services Agency
25H -2
SECOND AMENDMENT TO AGREEMENT
BETWEEN CITY OF SANTA ANA AND
CINDY KREBS CONSULTING, INC.
THIS SECOND AMENDMENT, made and entered into this 16th day of May,
2011 by and between Cindy Krebs Consulting, 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 parties entered into a two -year Agreement on June 8, 2009, for Consultant
to function as the City's Program Transit Management Consultant (PTMC) to
continue to bring the Go Local Transit Vision to fruition (the "Agreement ").
The Agreement was amended on July 19, 2010, to increase the hours and
compensation for Consultant.
B. The parties hereto now would like to exercise the one -year option to extend the
contract for an additional year and to add additional compensation for
Consultant.
WHEREFORE, in consideration of the covenants contained in the Agreement, and
subject to all the terms and conditions of the Agreement, except those amended in this
Second Amendment to Agreement, the parties agree as follows:
1. Section 1, SCOPE OF SERVICES, shall be amended to define the minimum hours
committed to the Project as either twenty (20) hours per week or twenty -five (25)
hours per week on a monthly basis. The parties intend that the number of hours
committed on a monthly basis may change from month to month.
2. Section 2, COMPENSATION, shall be amended to increase compensation by
$162,000, to pay for the additional services at the rate of $138.60 per hour, to equal
$12,000 for months during which Consultant commits twenty (20) hours of service
per week, or $15,000 per month for those months during which Consultant commits
twenty -five (25) hours of service per week. The total not to exceed amount shall be
increased to $486,000.
3. Section 3, Term, shall be extended one additional year through June 30, 2012.
4. All other terms and conditions of the Agreement shall remain in effect and
unchanged.
//
25H -3
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By: Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director
Public Works Agency
25H -4
CITY OF SANTA ANA:
DAVID N. REAM
City Manager
CINDY KREBS CONSULTING, INC.
CINDY KREBS
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
SETTLEMENT AGREEMENT FOR
BRISTOL STREET CORRIDOR
(PROJECT NO. 081700)
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 Manager and Clerk of the Council to execute the attached agreement subject to
nonsubstantive changes approved by the City Manager and City Attorney with Xavier Rodriguez,
dba Centro Natural de Salud, tenant of the property located at 828 North Bristol Street, Suite 101
in the amount of $17,992.50.
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)
was completed in April 2011. The Public Works Agency is acquiring property for the second
phase of the project (between Third Street and Civic Center Drive).
To accommodate the widening of the second phase, acquisition of the entire property at 828 North
Bristol for is required (Exhibit 1). This acquisition also necessitates the relocation of all the tenants
in the building. Xavier Rodriguez, the tenant in Suite 101, operates his business in this building. He
has agreed to the settlement amount for the relocation of his business (Exhibit 2).
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.
251 -1
Settlement Agreement For
Bristol Street Corridor
May 16, 2011
Page 2
FISCAL IMPACT
Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661 - 66100).
APPROVED AS TO FUNDS AND ACCOUNTS:
r
I A v, l
Raul Godinez II Francisco Gutierrez
Executive Direct r Executive Director
Public Works Agency Finance & Management Services Agency
RG /SA
Exhibit 1: Location map
Exhibit 2: Agreement
251 -2
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EXHIBIT 1
SANTA ANA
Cmr COUNCIL TITLE: SETTLEMENT AGREEMENT FOR
VP� W q ■ AGENDA DATE BRISTOL STREET CORRIDOR
PIALIC VOWS RGENC� MAY 16, eon (PROJECT NO. 081700)
251 -3
,OJ�pTtON -n��`
251 -4
EXHIBIT 2
ALL INCLUSIVE SETTLEMENT AGREEMENT
This Agreement ( "Agreement") is made by and between the City of Santa Ana, a charter
city and municipal corporation duly organized and existing under the Constitution and laws of
the State of California ( "City ") and Xavier Rodriguez dba Centro Natural de Salud ( "Tenant ").
The City and Tenant are hereinafter sometimes referred collectively as the "Parties." The
Effective Date of this Agreement shall be , 2011, the date on which the
Agreement has been fully executed by the City and Tenant.
RECITALS
A. Tenant operates a business, commonly known as Centro Natural de Salud, located
at 828 N. Bristol Street, Suite 101, Santa Ana, CA 92703 (the "Property ").
B. The City has purchased the Property for the Bristol Street Widening Project. As a
result of the City's acquisition, the Tenant will be displaced from the Property.
C. The Parties desire to resolve all issues relating to the City's acquisition of the
Property in accordance with the terms and conditions set forth below.
D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other
consideration given in connection with this Agreement are the result of a compromise
and settlement of disputed claims, and shall never, at any time or for any purpose,
be considered an admission of liability or responsibility on the part of any of the
parties herein released.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
covenants hereinafter set forth, it is hereby agreed by and among the Parties that:
1. Consideration
(a) The City shall pay to Tenant the sum of $17,992.50 (Seventeen Thousand Nine
Hundred Ninety -Two Dollars and Fifty Cents) (Tenant Settlement Payment) as
total compensation for relocation assistance and any and all related expenses
and claims as more fully described in paragraph 1(b) below. Upon full execution
of this Agreement, the City will begin processing an initial payment, payable to
Tenant, in the amount of $10,000.00. The City will make the final payment to
Tenant in the amount of $7,992.50 after Tenant vacates the Property, signs a
Certificate of Abandonment, provides all keys to the Property to the City or to the
City's relocation consultant, and provides written verification that all hazardous
materials have been legally and properly moved.
(b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above
constitutes full satisfaction of any and all obligations of the City to Tenant,
including, without limitation, any obligations for relocation assistance, relocation
benefits, moving expenses, interest of any kind in the real estate and leasehold,
loss of business goodwill, compensation for personal property (loss of inventory),
furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or
damages of any nature.
1 of 7
251 -5
(c) Tenant agrees to vacate the Property on or before June 1, 2011 ( "Vacate Date ").
(d) Tenant hereby agrees that City may remove and dispose of any personal
property or trash that has not been moved upon the Vacate Date, as it elects and
desires, without any notice to Tenant.
(e) Payment will be made for Relocation Expenses in the amount of $13,137.50.
(f) Payment will be made for leasehold, loss of business goodwill and immovable
furniture, fixtures and equipment in the amount of $4,855.
2. Release
(a) Nothing contained herein shall constitute a release or discharge by either party
for any of the undertakings of the other party to this Settlement Agreement. This
Agreement shall serve as a full release and discharge by the Parties, on behalf of
themselves, their agents, representatives, assigns, trustees, administrators,
attorneys, heirs, relatives, spouses, ex- spouses, beneficiaries, and successors in
interest, in consideration of the mutual covenants and promises contained herein,
of the Tenant, the City of Santa Ana, the City of Santa Ana Public Works Agency,
and those parties' accountants, other professionals, agents, representatives,
assigns, employees, administrators, trustees, insurers, attorneys, heirs,
beneficiaries, and successors in interest (collectively the "Released Parties "),
from all rights, claims or cross - claims, demands, actions, or causes of action,
including those for damages, compensation, relocation assistance, relocation
benefits, loss of goodwill, property interest, compensation for personal property
(loss of inventory), furniture, fixtures and equipment, punitive damages, interest,
costs, attorney's and appraisal fees, injunctive or declaratory relief, or for relief by
way of writ of mandate, or for demands, damages, refunds, debts, liabilities,
reckonings, accounts, obligations, costs, expenses, liens, actions, causes, and
causes of action of whatever kind, at law or in equity, that the Parties have now
or may have against any of the Released Parties arising from the facts and
circumstances described in this Agreement including but not limited to (1) the
acquisition of the Property by the City, (2) Tenant's leasehold interest, if any, in
the Property (or any portion thereof) or (3) any other right or interest Tenant may
have, assert, or claim by reason of City's actions or failure to act, including, but
not limited to, any claim to relocation assistance, relocation benefits or
compensation for property or loss of goodwill from the City.
(b) In making this release, the Parties intend to and do release, acquit and discharge
the Released Parties, and each of them, from any liability of any nature
whatsoever for any claim, injury, damages, or equitable or declaratory relief of
any kind, whether the claim, or any facts on which such claim might be based, is
known or unknown to the party possessing the claim. Each party expressly
acknowledges and waives any and all rights under Section 1542 of the California
Civil Code, which the Parties understand provides as follows:
A general release does not extend to claims which the creditor does not know or
suspect to exist In his/her favor at the time of executing the release, which if
known by him/her must have materially affected his/her settlement with the
debtor.
2of7
251 -6
Each party acknowledges the foregoing waiver of the provisions of California
Civil Code Section 1542 was separately bargained for and expressly consents
that this Agreement shall be given full force and effect in accordance with each
and all of its express terms and provisions, including those terms and provisions
relating to unknown or unsuspected claims, demands and causes of action, if
any, to the same effect as those terms and provisions relating to any other
claims, demands and causes of action herein above specified.
(c) Each party acknowledges that it may hereafter discover facts or law different
from or in addition to those which it now believes to be true with respect to the
release of claims. Each party agrees that the foregoing release shall be and
remain effective in all respects notwithstanding such different or additional facts
or law or any party's discovery thereof. The Parties shall not be entitled to any
relief in connection therewith, including, but not limited to, any damages or any
right or claim to set aside or rescind this Agreement.
(d) None of the Parties or their respective agents nor any related entities have made
any statement or presentation to the other regarding any fact relied upon in
entering into this Agreement and the Parties, and each of them, expressly do not
rely upon any statement, representation or promise of any other party or any
party's agent or related entities in executing this Agreement, except as is
expressly set forth herein. Each of the Parties has made such investigation of
the facts and law pertaining to the subject matter of this Agreement as it deems
necessary, and has consulted with legal counsel of its own choosing concerning
these matters.
(e) Tenant hereby represents and warrants as of the Effective Date of this
Agreement that (1) to its actual knowledge, no other entity or person has any
right, title, or interest whatsoever in the released claims, and (2) that there has
been no assignment, transfer, conveyance or other disposition by Tenant of any
of the released claims, and that Tenant will not make any such assignment,
transfer, conveyance or other disposition subsequent to the Effective Date of this
Agreement. Tenant acknowledges that the Authority has relied and is relying
upon such representations and warranties in entering into this Agreement.
(f) Tenant will Hold Harmless and defend City, its employees, agents, contractors or
representatives from any claims that may arise from Tenant's nondisclosure of
any other interests in the Property or personal property referenced by this
agreement.
(g) This Agreement represents a settlement of doubtful and disputed claims between
the Parties and does not constitute any admission of liability by either party to the
other party to this Agreement. City has delivered to Owner an offer to purchase
the Property under threat of eminent domain pursuant to Government Code
Section 7267.2. Tenant and City now wish to enter into this Agreement in lieu of
eminent domain proceedings.
3. Third Party Beneficiaries
Except as explicitly set forth herein, nothing in this Agreement is intended to create any
third party beneficiaries under this Agreement, and no person or entity other than
Authority and Tenant shall be authorized to enforce the provisions of this Agreement.
3of7
251 -7
4. Attorney's Fees
In the event of litigation relating to or arising out of this Agreement, the prevailing party
shall be entitled to be reimbursed by the non - prevailing party for all reasonable costs
and expenses incurred thereby, including, but not limited to reasonable attorney's fees
and costs for services rendered to such prevailing party.
5. Indemnitv
Each party shall indemnify, defend and hold the other party and the Released Parties
harmless from and against any claims, damages, demands, liabilities, losses,
judgments, expenses and attorney's fees and /or costs resulting from the breach by such
indemnifying party of any provision of this Agreement, the falsity of any representation or
warranty made by the indemnifying party contained in this Agreement.
6. Entire Agreement
This Agreement together contains the entire Agreement of the Parties, and supersedes
any prior written or oral agreements between them, concerning the subject matter of this
Agreement.
7. Partial Invalidity
In the event that any term, covenant, condition or provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or against public policy, the
remaining provisions shall continue in full force and effect.
8. Waiver and /or Modification
The provisions of this Agreement may not be waived, altered, amended or repealed, in
whole or in part, except upon a written agreement signed by each of the Parties. The
waiver by one party of the performance of any provisions of this Agreement shall not
invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof.
8. Headings
The headings, subheadings and numbering of the different paragraphs of this
Agreement are inserted for convenience and for reference only and shall not be
considered for any purpose in construing this Agreement.
9. Governing Law
The rights and obligations of the Parties under this Agreement shall be construed and
enforced in accordance with, and governed by, the laws of the State of California.
10. Successors In Interest
Subject to any restrictions against assignment contained herein, this Agreement shall
inure to the benefit of, and shall be binding upon, the assigns, successors in interest,
4of7
251 -8
personal representatives, executors, estates, heirs, legatees, agents and related entities
of each of the Parties.
11, Necessary Acts
Each of the Parties agrees to perform such further acts, and execute and deliver such
further documents, as may be reasonably necessary to carry out the provisions of this
Agreement.
12. Advise of Counsel
The Parties, and each of the, acknowledge that in connection with the negotiations and
execution of this Agreement, they have each been represented by independent counsel
of their own choosing and the Parties executed the Agreement after review by such
independent counsel; or, if they were not so represented, said non - representation is and
was the voluntary, intelligent and informed decision and election of the party not so
represented; and, prior to executing the Agreement, each party has had an adequate
opportunity to conduct an independent investigation of all the facts and circumstances
with respect to the matters which are the subject of this Agreement including but not
limited to the advisability of entering into this Agreement and the meaning of California
Civil Code Section 1542.
13. Authority to Execute This Agreement
Each person executing this Agreement on behalf of an entity represents that he or she is
authorized to execute this Agreement on behalf of that entity and to bind that entity to
the terms of this Agreement.
14. Construction
Each party has cooperated in the drafting and preparation of this Agreement. In any
construction to be made of this Agreement, or of any of its terms and provisions, the
same shall not be construed against any party.
15. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an
original and, when taken together with other signed counterparts, shall constitute one
Agreement, which shall be binding upon and effective as to all Parties.
16. Voluntary Agreement
The Parties, and each of them, further represent and declare that they have carefully
read this Agreement and know the contents thereof, and that they sign the same freely
and voluntarily.
17. Notices
All notices, requests, demands and other communications required or permitted to be
given under this Agreement shall be in writing and shall either be delivered personally or
be sent by telegram or by regular or certified first class mail, postage prepaid, deposited
in the United States mail, and properly addressed to the party at its address set forth
5 of 7
251 -9
below, or at any other address that such party may designate by written notice to the
other party:
To City: Souri Amirani
Deputy City Engineer
City of Santa Ana Public Works Agency
20 Civic Center Plaza, M -36
Santa Ana, California 92701
To Tenant: Centro Natural de Salud
Attn: Xavier Rodriguez
828 N. Bristol #101
Santa Ana, CA 92703
18. Jurisdiction and Venue
Any action or proceeding concerning this Agreement shall be filed and prosecuted in the
appropriate California court in the County of Orange, California. Each party hereto
irrevocably consents to the personal jurisdiction of the court. The Parties each hereby
expressly waive the benefit of any provision of law providing for a change of venue to
any other court, including, without limitation, federal court, due to any diversity of
citizenship between the Parties or due to the fact that either the Authority is a party to
such action or proceeding. Without limiting the generality of the foregoing, the Parties
specifically waive any rights provided to it pursuant to California Code of Civil Procedure
Section 394 or other state or federal statutes or judicial decisions of similar effect.
6of7
251 -10
IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the
date first written above.
TENANT:
BY:
Xavier
CITY OF SANTA ANA
BY:
David N. Ream
City Manager
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY:
Jose Sandoval
Managing Senior Assistant City Attorney
7of7
251 -11
Dated '1-2-8 It
Dated
Dated
Dated
251 -12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
AGREEMENTS WITH ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR
SENIOR MOBILITY PROGRAMS
1), U�"
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
1. Authorize the City Manager and Clerk of the Council to execute the attached agreement with
the Orange County Transportation Authority in the annual amount of $167,850 to provide the
Senior Mobility Program for a five year period, subject to non - substantive changes approved
by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with
the Orange County Transportation Authority in the annual amount of $71,848 to provide the
Senior Mobility Program at the Vietnamese Community of Orange County for a five year
period, subject to non - substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Orange County Transportation Authority (OCTA) developed the Senior Mobility Program for the
purpose of improving transportation services for seniors in the region. Through the program, the
Parks, Recreation and Community Services Agency provides transportation services to Santa Ana
seniors to and from our two senior centers and various City events. For FY 2011 -2012, the City of
Santa Ana will receive $167,850 to continue the operation of two vehicles used for local senior
transportation services. As part of the agreement the City of Santa Ana will provide a 20 percent
local match, which may consist of in -kind staff resources or other contractual transportation
services. Funds for the match are included in the Parks, Recreation and Community Services
Agency FY 2011 -12 budget.
In addition, the City will receive $71,848 from OCTA to support the Vietnamese Community of
Orange County's ( VNCOC) Senior Mobility Program. The VNCOC will receive $71,848 and provide
the 20 percent local match required under the agreement. In turn, VNCOC will provide
transportation services for the Vietnamese senior community in Santa Ana.
25J -1
Agreements with Orange County
Transportation Authority
May 16, 2011
Page 2
FISCAL IMPACT
Funds will be appropriated in the 2011 -2012 OCTA Senior Mobility grant fiscal year budget.
Gerardo Mouet,
Executive Director ;
Parks, Recreation and
Community Services Agency
Approved as to Funds and Account:
Francisco Gutierrez,
Executive Director
Finance & Management Services Agency
25J -2
OCTA
BOARD Or DIRECTORS April 18, 2011
Patricia Bates
Chair
Paul Glaab Ms. Pearl Raya
Vice chair City of Santa Ana
JerryAmante 424 West Third Street
Director Santa Ana, CA 92702
Don Bankhead
Director
Peter 8utta SUBJECT: AGREEMENT NO. C -1 -2486
Director
Silt Campbell Dear Ms. Raya:
Director
CarolynCavecche Enclosed is the original document for Agreement No. C -1 -2486 for your review and
Director signature.
Larry Crandall
Director Please execute the document in blue ink where indicated and return the signed
William „tDalton original to Pia Veesapen by May 3, 2011. The first page of the document will be
Director
Don Hansen completed by the Authority upon final execution.
Director
Peter Herzog Should you have any questions, please contact Ms. Veesapen at (714) 560 -5619.
Director
John Moorlach Sincerely,
Director
Shawn Nelson
Director
Janet Nguyen
Director Cathy f=oreman
Miguel Pulido Office Specialist
Director
Tom Tart Contracts Administration and Materials Management
Director
GregWinlerbottorn Enclosure
Drreclor
Cindy Ouon
Governor's
Ex Officio Member
CHIEF EXECUTIVE OFFICE
Wilt Kernpton
Chief Executive Officer
Orange County Transportation Authority
550 South Main Street /PO - B2 93-01 ge / California 92863 -1584 / (714) 560 -OCTA (6282)
COOPERATIVE AGREEMENT C -1 -2486
BETWEEN
THE ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SANTA ANA
FOR
SENIOR MOBILITY PROGRAM
THIS AGREEMENT is made and entered into this day of 12011
by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184,
Orange, California 92863 -1584, a public corporation of the state of California (hereinafter referred to as
"AUTHORITY "), and the City of Santa Ana, 424 West Third Street, Santa Ana, California 92702
(hereinafter referred to as "CITY "). Herein, AUTHORITY and CITY are sometimes individually referred
to as the "PARTY" and collectively as the "PARTIES."
RECITALS
WHEREAS, CITY is desirous of obtaining transportation services for seniors of the City of Santa
Ana; and
WHEREAS, AUTHORITY and CITY agree to enter into the Senior Mobility Program (SMP)
concerning senior transportation services; and
WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY
and CITY in executing a Senior Mobility Program for senior transportation; and
WHEREAS, AUTHORITY and CITY agree to comply with all relevant elements of Orange
County Local Transportation Authority Ordinance No. 3; and
WHEREAS, AUTHORITY's Board of Directors approved this Cooperative Agreement on
February 14, 2011;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as
follows:
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AGREEMENT NO. C -1 -2486
1 ARTICLE 1. COMPLETE AGREEMENT
2 A. This Agreement, including all exhibits and documents incorporated herein and made
3 applicable by reference, constitutes the complete and exclusive statement of the term(s) and
4 condition(s) of the agreement between AUTHORITY and CITY and it supersedes all prior
5 representations, understandings and communications. The invalidity in whole or in part of any term or
6 condition of this Agreement shall not affect the validity of other term(s) or condition(s).
7 B. AUTHORITY's failure to insist in any one or more instances upon CITY's performance of
8 any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of
9 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s) and
10 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this
11 Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an
12 authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued
13 in accordance with the provisions of this Agreement.
14 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
15 A. AUTHORITY agrees to provide funds per the following guidelines:
16 1. Services provided under the Senior Mobility Program are available to individuals
17 60 years of age and older.
18 2. Funds for the program are identified as 1 % of Renewed Measure M (M2) net
19 sales tax revenue and will be allocated to all local jurisdictions based upon the participating entity's
20 respective percentage of the senior population for the entire county.
21 3. Senior population will be determined by using the most current official
22 decennial Census information provided by the U.S. Census Bureau.
23 4. All active participants will receive their portion of funding on a bi- monthly
24 basis.
25 B. In the event that the amount of M2 funding provided for this program is less than the
26 amount allocated for this program in Fiscal Year 2010 -11 as illustrated in Exhibit B, "Senior Mobility
Page 2 of 9
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AGREEMENT NO. C -1 -2486
1 Program Allocation," AUTHORITY will allocate Transportation Development Act (TDA) Article 4.5 funds
2 to CITY in an amount no greater than FY2010 -11 funding levels less M2 SMP revenues for up to three
3 (3) years. Disbursement of TDA funds will occur with the last bi- monthly distribution of M2 funds during
4 the fiscal year.
5 C. Agree that Net Revenues allocated shall be expended or encumbered within three years
6 of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions shall not be
7 granted beyond a total of five years from the date of the initial funding allocation.
8 D. In the event the time limits for use of Net Revenues are not satisfied, then any retained
9 Net Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be
10 returned to AUTHORITY and these Net Revenues and interest earned thereon shall be available for
11 allocation to any project within the same source program at the discretion of AUTHORITY.
12 E. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
13 paratransit vehicle, at no cost to CITY and no further responsibility to AUTHORITY after vehicle
14 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost of Five
15 Thousand Dollars ($5,000) per vehicle, subject to vehicle availability.
16 ARTICLE 3. RESPONSIBILITIES OF CITY
17 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A
18 above will be used exclusively for providing accessible senior transportation services that do not
19 duplicate AUTHORITY's services as specified in Exhibit A entitled "Scope of Work."
20 B. CITY must satisfy all M2 eligibility criteria in order to receive their formula allocation for
21 this program.
22 C. CITY agrees that Net Revenues allocated shall be expended or encumbered within
23 three (3) years of receipt. AUTHORITY may grant an extension to the three -year limit, but extensions
24 shall not be granted beyond a total of five (5) years from the date of the initial funding allocation.
25 D. In the event the time limits for use of Net Revenues are not satisfied, any retained Net
26 Revenues that were allocated to an Eligible Jurisdiction and interest earned thereon shall be returned to
Page 3 of 9
L:1 Camm1 CLERICAUWORDPROC WGREE\AG12486.docx25J-6
AGREEMENT NO. C -1 -2486
1 AUTHORITY and these Net Revenues and interest earned thereon shall be available for allocation to
2 any project within the same source program at the discretion of AUTHORITY.
3 E. CITY agrees to match twenty percent (20 %) of the total annual formula allocation.
4 Local match may be made up of cash - subsidies, fare revenues, or in -kind contributions.
5 F. CITY may contract with a third -party service provider to provide senior transportation
6 services provided that:
7 1. Contractor is selected using a competitive procurement process; and
8 2. Wheelchair accessible vehicles are available and used when requested.
9 G. CITY shall procure and maintain insurance coverage during the entire term of this
10 Agreement. Coverage shall be full coverage or subject to self - insurance provisions. CITY shall
11 provide the following insurance coverage:
12 1. Commercial General Liability, to include Products /Completed Operations,
13 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum limit of
14 $1,000,000.00 per occurrence and $2,000,000.00 general aggregate.
15 2. Automobile Liability Insurance to include owned, hired and non -owned autos with a
16 combined single limit of $1,000,000.00 each accident;
17 3. Workers' Compensation with limits as required by the State of California including a
18 waiver of subrogation in favor of AUTHORITY, its officers, directors, employees or
19 agents;
20 4. Employers' Liability with minimum limits of $1,000,000.00; and
21 5. Professional Liability with minimum limits of $1,000,000.00 per claim.
22 H. Proof of such coverage, in the form of an insurance company issued policy
23 endorsement and a broker - issued insurance certificate, must be received by AUTHORITY prior to
24 commencement of any work. Proof of insurance coverage must be received by AUTHORITY within ten
25 (10) calendar days from the effective date of this Agreement with AUTHORITY, its officers, directors,
26 employees and agents designated as additional insured on the general and automobile liability. Such
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AGREEMENT NO. C -1 -2486
1 insurance shall be primary and non - contributive to any insurance or self - insurance maintained by
2 AUTHORITY.
3 I. CITY shall include on the face of the Certificate of Insurance the Cooperative Agreement
4 Number C -1 -2486; and, the Senior Contract Administrator's Name, Pia Veesapen.
5 J. CITY agrees to provide AUTHORITY with monthly summary reports of CITY's Senior
6 Mobility Program. CITY shall submit monthly summary report within fifteen (15) calendar days as
7 specified in Exhibit C "Senior Mobility Program Monthly Reporting Form," included in this
8 Agreement, which is incorporated into and made part of this Agreement.
9 K. CITY shall adopt an annual Expenditure Report to account for Net Revenues and
10 funds expended by the Eligible Jurisdiction, which satisfy the Maintenance of Effort requirements.
11 The Expenditure Report shall be submitted by the end of six (6) months following the end of the
12 jurisdiction's fiscal year and include the following:
13 1. All Net Revenue fund balances and interest earned.
14 2. Expenditures identified by type (i.e, capital, operations, administration, etc.) and
15 program or project.
16 L. In the event CITY obtains a retired AUTHORITY vehicle for Senior Mobility Program
17 services, CITY agrees to transfer vehicle title and registration within fourteen (14) days from taking
18 possession of the vehicle. CITY also agrees to provide documentation to AUTHORITY confirming
19 transfer of vehicle title and registration from AUTHORITY to CITY within thirty (30) days from taking
20 possession of the vehicle.
21 ARTICLE 4. TERM OF AGREEMENT
22 This Agreement shall commence on July 1, 2011 and shall continue in full force and effect
23 through June 30, 2016, unless earlier terminated or extended as provided in this Agreement.
24 AUTHORTITY, at its sole discretion, retains the right to extend this Agreement through June 30, 2021.
25 /
26 /
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AGREEMENT NO. C -1 -2486
1 ARTICLES. NOTICES
2 All Notices pertaining to this Agreement and any communications from the PARTIES may be
3 made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered
4 or certified mail, return receipt requested, postage prepaid and addressed as follows:
5 To CITY: To AUTHORITY:
6 City of Santa Ana Orange County Transportation Authority
7 424 West Third Street 550 South Main Street
8 P.O. Box 14184
9 Santa Ana, California 92702 Orange, California 92863 -1584
10 ATTENTION: Pearl Raya ATTENTION: Pia Veesapen
11 (714) 571 - 4230 (714) 560 - 5619
12 ARTICLE 6. FEDERAL, STATE AND LOCAL LAWS
13 AUTHORITY and CITY agree that in performance of their obligations under this Agreement,
14 they shall comply with all applicable federal, California State and local laws, statutes and ordinances
15 and all lawful orders, rules and regulations promulgated thereunder.
16 ARTICLE 7. ORDER OF PRECEDENCE
17 Conflicting provisions hereof, if any, shall prevail in the following descending order of
18 precedence: (1) the provisions of this Agreement, including all exhibits; (2) all other documents, if any,
19 cited herein or incorporated by reference.
20 ARTICLE 8. AUDIT AND INSPECTION OF RECORDS
21 CITY shall provide AUTHORITY, or other agents of AUTHORITY, such access to CITY's
22 accounting books, records, payroll documents and facilities as AUTHORITY deems necessary. CITY
23 shall maintain such books, records, data and documents in accordance with generally accepted
24 accounting principles and shall clearly identify and make such items readily accessible to such parties
25 during CITY's performance hereunder and for a period of four (4) years from the date of final payment
26 by CITY. AUTHORITY's right to audit books and records directly related to this Agreement shall also
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L:1Camm\ CLERICAL 1wORDPROC\AGREEWG12486.docx 25J-9
AGREEMENT NO. C -1 -2486
1 extend to all first -tier subcontractors. CITY shall permit any of the foregoing parties to reproduce
2 documents by any means whatsoever or to copy excerpts and transcriptions as reasonably necessary.
3 ARTICLE 9. TERMINATION
4 AUTHORITY or CITY may, for its own convenience, terminate this Agreement at any time in
5 whole or in part by giving the other PARTY written notice thereof of not less than ninety (90) days in
6 advance of the specified date of termination.
7 ARTICLE 10. INDEMNIFICATION
8 A. CITY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors,
9 employees and agents from and against any and all claims (including attorney's fees and
10 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
11 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful
12 misconduct by CITY, its officers, directors, employees, agents, subcontractors or suppliers in
13 connection with or arising out of the performance of this Cooperative Agreement .
14 B. CITY shall maintain adequate levels of Insurance, or self- insurance to assure full
15 indemnification of AUTHORITY.
16 ARTICLE 11. ALCOHOL AND DRUG POLICY
17 A. CITY agrees to establish and implement an alcohol and drug program that complies with
18 41 U.S,C. sections 701 -707, (the Drug Free Workplace Act of 1988), which is attached to this
19 Agreement as Exhibit D. CITY agrees to produce any documentation necessary to establish its
20 compliance with sections 701 -707.
21 B. Failure to comply with this Article may result in nonpayment or termination of this
22 Agreement.
23 ARTICLE 11. CONFLICT OF INTEREST
24 CITY agrees to avoid organizational conflicts of interest. An organizational conflict of interest
25 means that due to other activities, relationships or contracts, CITY is unable, or potentially unable to
26 render impartial assistance or advice to AUTHORITY; CITY's objectivity in performing the work
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AGREEMENT NO. C -1 -2486
identified in the Scope of Work is or might be otherwise impaired; or CITY has an unfair competitive
advantage. CITY is obligated to fully disclose to AUTHORITY in writing Conflict of Interest issues as
soon as they are known to CITY. All disclosures must be submitted in writing to AUTHORITY
pursuant to the Notice provision herein. This disclosure requirement is for the entire term of this
Agreement.
ARTICLE 12. CODE OF CONDUCT
CITY agrees to comply with the AUTHORITY's Code of Conduct as it relates to Third -Party
contracts, which is hereby referenced and by this reference is incorporated herein. CITY agrees to
include these requirements in all of its subcontracts.
ARTICLE 13. FORCE MAJEURE
Either PARTY shall be excused from performing its obligations under this Agreement during
the time and extent that it is prevented from performing by a cause beyond its control, including, but
not limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants
or facilities by the federal state or local government; national fuel shortage; or a material act of
omission by the other PARTY; when satisfactory evidence of such cause is presented to the other
PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is
not due to the fault or negligence of the PARTY not performing.
I
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AGREEMENT NO. C -1 -2486
Upon execution by both PARTIES, this Cooperative Agreement shall be made effective on
July 1, 2011.
IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No.
C -1 -2486 to be executed on the date first above written.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By By
David Ream Will Kempton
City Manager Chief Executive Officer
APP R VEDAS TO FORM:
By 9 '(�W
Kennard R. Smart, Jr.
General Counsel (i
A V
By
Beth McCormick
General Manager, Transit
Page 9 of 9
L:X Camm1 CLERICALIWORDPROCIAGREE \AG12486.docx25J-1 2
AGREEMENT NO. C -1 -2486
EXHIBIT A
SCOPE OF WORK
Senior Mobility Program
1. The City of Santa Ana (City) shall utilize funding provided by the Orange County
Transportation Authority (OCTA) and its local match to provide the following
services:
• Door to door service to Santa Ana fragile senior residents to and from the two
Senior Centers, Southwest and Santa Ana Senior Centers.
• Fragile, elderly seniors in need of service will be accommodated in the Senior
Mobility Transportation Program upon calling or visiting either one of the
Senior Centers.
• The service is provided daily; morning pick -ups begin at 7:30 a.m. and end at
approximately 3:00 p.m. Seniors will be at each center in time to enjoy a hot
lunch, exercise, workshops and social activities.
2. The City shall follow competitive procurement practices in selection of vendors
for all services which it does not provide using its own workforce. Any Request
for Proposals (RFP) for services shall specify the use of vehicles meeting
Americans with Disabilities Act (ADA) accessibility standards.
3. The City wishes to utilize retirement eligible OCTA ACCESS vehicles for
provision of SMP services. The City is aware that additional vehicles may be
purchased from OCTA at a cost of $5,000 per vehicle. The cost of any additional
vehicles shall be deducted from the next fiscal year allocation. City must register
the vehicle and maintain title for at least one year after transfer of title from
OCTA.
4. The City shall perform, or ensure that a contracted vendor performs,
maintenance of all vehicles used in the Senior Mobility program, including, at a
minimum:
• Daily Pre -Trip Inspections that meets or exceeds the guidelines provided in
the attached Pre - Operation Inspection & Defect Report (Attachment 1).
• Scheduled preventive maintenance that meets or exceeds the guidelines
provided in the attached Senior Mobility P.M. Checklist, including the
maintenance of all accessibility features of the vehicles (Attachment 2).
The City shall maintain maintenance records for each vehicle for 5 years and
shall cooperate fully in annual Motor coach carrier terminal inspections
conducted by the California Highway Patrol.
5. The City shall ensure that its operators, or its contracted vendor's operators, are
properly licensed and trained to proficiency to perform their duties safely, and in
a manner which treats its riders with respect and dignity. Disability awareness
and passenger assistance shall be included in this training.
25J -13
AGREEMENT NO. C -1 -2486
EXHIBIT A
6. The City shall submit a monthly report to OCTA's Community Transportation
Services which includes, at a minimum, a monthly and fiscal year -to -date
summary of service and expenditures.
7. The City shall participate in OCTA marketing and outreach efforts to encourage
use of fixed -route transit service by older adults.
8. The City shall note OCTA sponsorship in any promotional material for service
funded under this agreement and shall display the OCTA Senior Wheels program
logo on vehicles use in this program (excluding taxis).
9. The City shall ensure that it maintains adequate oversight and control over all
aspects of service that are provided by a contracted vendor.
od
25J -14
Attachment 1
Pre- Operation Inspection & Defect Report
BusNan No. Date:
Fedoral Regvletions state that no motor vehicle carrying passengers for two
shad be driven urrtess the driver has determined that the Wowing pans and
accessories are in good working order- Each driver is required to submit a
s4nad written report daffy for each coach driven.
Is( Driver.,
Miles Finish: Mks Start:
_ Light On:
Mites Elapsed:
No Defects: O Defects: O
Signature.
- Low OWDY Leaks
2nd Drhw
_ Light On:
_ Starts Hard
Miles Finnish: Mdea Start:
8rakes Applied,
Mika Elapsed:
No Defects: D Defects: O
Signature:
_ Smokes
3rd Driver
Light Not On:
_ tdtes RoughVibration
Miles Finish: Miles Start
Brakes Applied,
Miles Elapsed'
No Defects. O Defects: O
Signature-
_ Fuel Leaks/LPGIGas
PREOPERATIONS INSPECTIONS
Indicate witty an (x) that each Rem has been checked.'
AWPM
AMIPM
Tires/Lug Nuts (wheels & rams) _I_
Emergency Reflectors
Motor -Guard
_J—
Turn Signal Switch/Horn
Air System
/_
First Aid lQ
_]_ Lighta/Reflectons
_ Excessive Nonce
Radio
!_ Wheelchair Lifts
I-
Drivers SeaVS0
_j_ Whe fthair Lift Cover
_!_
Door Interlock
i Mirrors
1-
W/C Tie Down Straps
Windshield WrpersWashers
Manual Litt Bar
_i_ Fire Exbr gtlWw
_!_
_!_
Conduct Wak Aratnd
_t_ Steering Mechanism
-I-
ParkatpfBrakeWService
_ Leaks Air
Brakes
DEFECTS: Indicate with an (x) defecdve items 0*: (ExpWn in Detalg
Stake Fluid Leaks
_ Light On:
_ Hot Engine/Water Leaks
Soft/Hard
Brakes Not Applied
- Low OWDY Leaks
Puff to L/R
_ Light On:
_ Starts Hard
_ Dragging
8rakes Applied,
_ No PowerfEng. Ck. Light
_ Smoking
Bus Stopped
_ Smokes
_ Emergency Brake
Light Not On:
_ tdtes RoughVibration
_ Cow - wpwn
Brakes Applied,
_ Exhaust. Vacuum Leaks
TIuSM -MS
Bus Moving
_ Fuel Leaks/LPGIGas
Fiat
A NSA
— Other -
_+ Embedded Oblecl
_ Off
T"NSM ISSfdv
_ Cut
_ Too CokvHot
_ Wont Go into Gear
_ Smooth/Cord
_ Defroster Defect
_ Slips/Grinds lurches
_ Lr RF RRr RRO LRr LRG
_ Ventdatiori (Blowers)
_ Excessive Nonce
_ Loose Missing Lugs
_ Francs
_ Leaks
_ cow - applairt
_ C)OW• expku
_ Dnve Line Vustion
L .Nrz
ExTRANC& rtrDOORSr
Rear End Noise
_ Interior
WWOOyS
STEEt4ING
_ Exterior
_ slow
_ Hard/Binds
- LOOauon
_ Inoperattve
_ Shimmy
_ Leaks Air
_ Excessive Play
t Nf2 CLEANLMPESS
- Excessive Play
- OQW -
=K
Intenor
- 0'a' min
_
Exterior
- Emergency Rell aces
_ Generator /Starter
_ Floor
WWEEL Mom L FT
_ Turn Signsts/Fiashers
- Wrvlows
_ Will Not Fow Out
Hom
Seat Condition
_ Will Not Lower/Raise
_- Fare Bo,
:xplain
_ No Restrart DwxVllp
_ InsWVmen WGattges
_ Lift Will Not Fold Into
- Fuel. OR, Amp X%ter
Bus
zaDro _ Seats _ Nandraits
_ Mooesty Panels
tJUUY DAMACit:
Circle and describe any damage to a bus on d,agrarr
of frontirear and two side views
mini 1010
Description.
Description:
Description
..r
Description:
OPERATOR(S):
IMPORTANT! Help expedite repairs by providing necessary
information regarding defects' Please print.
REPAIRS MADE:
ALL ITEMS COMPLETED - BUS SERVICED AND RELEASED:
Supervisor's Signature Date
25J -15
Attachment 2
Senior Mobilitv P.M. Check List
Date Bus# TERMINAL. workorder# Current Mileage
Last inspection miles
A. Employee must check off all boxes/ Note all discrepancies on reverse side Miles between
B. Check files and open workorders
Inspection
C. Interior Y E. Under hood x a
1
Entry door operation and seals
2
Temperature and oil warning devices
3
Neutral safety system
4
Horn, gauges and dash lights
5
Heater, defroster and fan
6
IWIndshield wipers and washer
7
lindicator lights
8
Throttle operation
9
Steering free play In.
10
Applied and unapplied brake test for vacum loss
11
Interior lights
12
Windshield and window glass condition
13
Window mechanism and seals
14
Seat condition
15
Interior body, floor and stantions
16
Fire extinguisher date and bracket
17
Road warning devices
18
First aid kits
19
Emergency exits operation, warning devices and signs
20
Interior clean
21
Back up alarm
D. Exterior
9
Y n
1
All exterior lights and signals
2
Mirror condition and mounting
3
Record body damage
4
Bumper bolts
5
Paint lettering and appearance
6
Emergency exits
7
Axle flange and lug nuts, oil hubs
8
Tire side wall condition, cracked wheels, valve stem
9
Valve stem cap, alignment of rear duels
9
Tread depth
11
LF RF LRO
12
LRI RRO RRI
10
Tire inflation: Record and inflate
14
LF RF LRO
15
LRI RRO RRI
1
Check for visible leakage
2
Engine oil level
3
Transmission Fluid level and condition
4
Brake fluid
5
Power steering fluid
6
lCheck all belts
7
Component and accessory mounting
8
Check all hoses and routing
9
Coolant level and protection Of ph
10
Pressure test cooling system
11
Water pump and fan clutch play
12
jAIr filter condition - check restriction gauge
13
Check exhaust system
14
Battery fluid level and mounting
15
Clean battery and connections
16
Drain fuelfwater separator
F. Under Bus Y
1
Kingpin and wheel bearing play
2
Tire wear, condition and matching
3
Leakage at backing plates and wheel seals
4
Steering box, mounting, leakage, looseness and leaks
5
Front shocks and mounting
6
Front springs, bushings
7
Engine leaks, lines, filters, hoses and engine mounts
8
Starter and connections
9
Exhaust system and mounting
10
Transmission mounted parking brake
11
Transmission leaks
12
Output shaft play
13
Driveshaft guard, U joints and retarder
14
Body hold downs and insulators
15
Wiring along frame
16
Differential leaks, fluid level
17
Pinion play
18
Breather vent
19
Rear shocks and mounting
20
Rear springs, bushings and U bolts
21
Leakage at backing plates and wheel seals
22 jFueI
tank straps and lines
23
Tail pipe hangers
24
Lube entire chassis
25
Check drag link, tie rods and idler arms
25J -16
Attachment 2
Inspection
Senior Mobility P.M. Check List
u
1 IVisible and audible leaks
2 Check all lines along chassis
3 Check brake booster and hoses
4 Hvdraulic lines
Remove wheels and check the following items
5 Pads and rotors
6 Check pins and caliber's
H. Roadtest
I. Note repairs needed
Signature of Inspecting Mechanic
6,000 miles- inspection /oil change
30,000 Transmission service
60,000 Differential service
D. Lift Inspection
a
1
Check lift for proper operations
2
Inspect for stress, cracks, mounting and alignment
3
Check pins
4
Check the complete hydraulic system
5
Check micro switches and electrical wiring
6
Check all system covers and warning signs
7
Check safety barrier
8
Lube complete lift
9
Check wheelchair securements, proper amount and operation
10
Lift door warning device
11
Lift cover in place
25J -17
Signature of Supervisor
AGREEMENT NO. C -1 -2486
EXHIBIT B
Senior Mobility Program Allocation
OCTA FY 2090 -11 Transportation Development Act Article 4.5 Funds
FY 2010-11
Local Jurisdictions
OCTA Contribution
Anaheim
$
194,204
Brea
$
37,766
Buena Park
$
49,457
Costa Mesa
$
83,053
Garden Grove
$
183,225
Huntington Beach
$
164,622
Irvine
$
93,151
La Habra
$
52,413
Laguna Hills
$
34,226
Laguna Niguel
$
46,533
Laguna Woods
$
128,998
Lake Forest
$
45,677
Newport Beach
$
111,163
Placentia
$
38,104
Rancho Santa Margarita
$
14,403
San Clemente
$
50,698
Santa Ana
$
167,850
Seal Beach
$
69,114
Westminster
$
66,902
Yorba Linda
$
40,913
Total Current Participants)
$
1,672,472
25J -18
AGREEMENT NO. C -1 -2486
Senior Mobility Program Monthly Reporting Form EXHIBIT C
Monthly Reporting E -Form
OCTA
Pr ram Information
Service for the Month/Years of:
Program Name:
City or Organization:
Contact Person:
Contact Number:
Details
Trip Category One -Way Vehicle Service Vehicle Service
Passenger Trip Hours Miles
Nutrition Trips:
Medical trips:
Shopping trips:
Other trips:
(Please specify trip type below")
Totals: 0 0 0
Summary
OCTA Monthly Contribution Amount:
City Monthly Contribution Amount:
Total Operation Cost for Month:
Source of City Contributions:
"Pleasespecify other trip es being rovided to seniors in this s ace:
Please provide the requested information and submit the completed form to OCTA.
Attention, Jessica OeakynelCommunity Transportation Coordinator. by email to jdeakynecacta.net or by FAX to (714)560 -5927.
—By the 16th day of the month following the reporting month—
Please contact Jessica Deakyne at (714) 560 -5802 if you have any questions or require assistance with the completion of this form.
Comments:
TR- BO- 086.doc (09118108) Page 1 of 1
25J -19
AGREEMENT NO. C -1 -2486
EXHIBIT D
National Drug -Free
Workplace Alliance
DRUG -FREE WORKPLACE ACT OF 1988
THE FEDERAL LAW
This law, enacted November 1988, with subsequent modification in 1994 by the
Federal Acquisition Streamlining Act, (raising the contractor amount from
$25,000 to $900,000), requires compliance by all organizations contracting with
any U. S. Federal agency in the amount of $100,000 or more that does not
involve the acquisition of commercial goods via a procurement contract or
purchase order, and is performed in whole in the United States. It also requires
that all organizations receiving federal grants, regardless of amount granted,
maintain a drug -free workplace in compliance with the Drug -Free Workplace Act
of 1988. The Law further requires that all individual contractors and grant
recipients, regardless of dollar amount/value of the contract or grant, comply with
the Law.
Certification that this requirement is being met must be done in the following
manner:
By publishing a statement informing all covered employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the covered workplace, and what actions will be taken
against employees in the event of violations of such statement.
By providing ALL covered employees with a copy of the above - described
statement, including the information that as a condition of employment on the
Federal contract or grant, the employee must abide by the terms and conditions
of the policy statement.
For Federal contractors this encompasses employees involved in the
performance of the contract. For Federal grantees all employees must come
under this requirement as the act includes all "direct charge" employees (those
whose services are directly & explicitly paid for by grant funds), and "indirect
charge" employees (members of grantee's organization who perform support or
overhead functions related to the grant and for which the Federal Government
pays its share of expenses under the grant program).
Among "indirect charge" employees, those whose impact or involvement is
insignificant to the performance of the grant are exempted from coverage. Any
other person, who is on the grantee's payroll and works in any activity under the
grant, even if not paid from grant funds, is also considered to be an employee.
Page 1 of 2
Revised: 0310312010
25J -20
AGREEMENT NO. C -1 -2486
EXHIBIT D
Temporary personnel and consultants who are on the grantee's payroll are
covered. Similar workers, who are not on the grantee's payroll, but on the payroll
of contractors working for the grantee, are not covered even if physical place of
employment is in the grantee's workplace.
By establishing a continuing, drug -free awareness program to inform employees
of the dangers of drug abuse; the company's drug -free workplace policy; the
penalties for drug abuse violations occurring in the workplace; the availability of
any drug counseling, rehabilitation, and /or employee assistance plans offered
through the employer.
By requiring each employee directly involved in the work of the contract or grant
to notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not less than five (5) calendar days after such
conviction.
By notifying the Federal agency with which the employer has the contract or
grant of any such conviction within ten (10) days after being notified by an
employee or any other person with knowledge of a conviction.
By requiring the imposition of sanctions or remedial measures, including
termination, for an employee convicted of a drug abuse violation in the
workplace. These sanctions may be participation in a drug rehabilitation program
if so stated in the company policy.
By continuing to make a "good- faith" effort to comply with all of the requirements
as set forth in the Drug -Free Workplace Act.
All employers covered by the law are subject to suspension of payments,
termination of the contract or grant, suspension or debarment if the head of the
contracting or granting organization determines that the employer has made any
type of false certification to the contracting or grant office, has not fulfilled the
requirements of the law, or has excessive drug violation convictions in the
workplace. Penalties may also be imposed upon those employing a number of
individuals convicted of criminal drug offenses as this demonstrates a lack of
good faith effort to provide a drug -free workplace. The contract or grant officer
may determine the number on a case -by -case basis. Employers who are
debarred are ineligible for other Federal contracts or grants for up to five (5)
years. Compliance may be audited by the Federal agency administering the
contract or grant.
The Drug -free Workplace Act does not require employers to establish an
employee assistance program (EAP) or to implement drug testing as a part
of the program.
Source: Federal Registers April 11, 1988 & May 25, 1990 & the Federal Acquisition Streamlining
Act of 1994 (FASA).
Page 2 of 2
Revised: 0310312010
25J -21
25J -22
OCTA
BOARD OF DIRECTORS April 27, 2011
Patricia Bates
Chair
Paul G)aab
Ch
Vice Chair Ms. Pearl Raya
JerryAmante City of Santa Ana
Director 424 West Third Street
Don Bankhead Santa Ana, CA 92702
Director
Peter Buffa SUBJECT: AGREEMENT NO. C -1 -2492
Director
Bill Campbell Dear Ms. Raya:
Director
Carolyn Cavecche
Director Enclosed is the original document for Agreement No. C -1 -2492 for your review and
Larry Crandall signature.
Director
William J. Dalton Please execute the document in blue ink where indicated and return the signed
Director original to Pia Veesapen by June 10, 2011. The first page of the document will be
Don Hansen completed by the Authority upon final execution.
Director
Peter Herzog Should you have any questions, please contact Ms. Veesapen at (714) 560 -5619.
Director
John Mooriach Sincerely '
Director
Shawn Nelson
Director
Janet Nguyen
Director
Miguel Pulido Cathy Forema
Director Office Specialist
Tom Tait Contracts Administration and Materials Management
Director
Greg Wnterbottom Enclosure
Director
Cindy Quon
Governor's
Ex -Officio Member
CHIEF EXECUTIVE OFFICE
Will Kempton
Chief Executive Officer
Orange County Transportation Authority
550 South Main Street/ P.O. $;yc 1$(l-Qraage /California 92863 -1584 /(714) 560.00TA (6282)
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COOPERATIVE AGREEMENT NO. C -1 -2492
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF SANTA ANA
AND
VIETNAMESE COMMUNITY OF ORANGE COUNTY
FOR
SENIOR MOBILITY PROGRAM
THIS AGREEMENT is made and entered into this day of ,
2011 by and between the Orange County Transportation Authority, a public corporation of the State of
California (hereinafter referred to as "AUTHORITY "), the City of Santa Ana (hereinafter referred to as
"CITY ") and Vietnamese Community of Orange County (hereinafter referred to as "CONTRACTOR ").
RECITALS
WHEREAS, AUTHORITY, CITY and CONTRACTOR are desirous of obtaining transportation
services for seniors receiving services through CONTRACTOR; and
WHEREAS, AUTHORITY, CITY and CONTRACTOR agree to enter into the Senior Mobility
Program (SMP) concerning senior transportation services; and
WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY,
CITY, and CONTRACTOR in executing the Senior Mobility Program for senior transportation; and
WHEREAS, AUTHORITY's Board of Directors approved this Agreement on February 14, 2011;
NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY, CITY and
CONTRACTOR as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including all exhibits and documents incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the term(s) and
Page 1 of 8
L:1 Camm1 CLERICALIWORDPROCWGREE1AG12492 .docX2, ■ _24
AGREEMENT NO. C -1 -2492
1 condition(s) of the agreement between AUTHORITY, CITY and CONTRACTOR and it supersedes all
2 prior representations, understandings and communications. The invalidity in whole or in part of any
3 term or condition of this Agreement shall not affect the validity of other term(s) or condition($).
4 B. AUTHORITY's failure to insist in any one or more instances upon CITY's or
5 CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed
6 as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of
7 such term(s) or condition(s) and CITY's and /or CONTRACTOR's obligation in respect thereto shall
8 continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon
9 AUTHORITY except when specifically confirmed in writing by an authorized representative of
10 AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the
11 provisions of this Agreement.
12 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY
13 A. AUTHORITY agrees to provide funds in the initial year in the amount specified in the
14 attached Exhibit B, "Projected Funding Level," in accordance with Article 5 ( "Term of Agreement "), for
15 the Senior Mobility Program using funds obtained from Article 4.5 of the State of California
16 Transportation Development Act. Funding levels are determined annually and are calculated using
17 the annual percentage change of AUTHORITY's budget for Transportation Development Act sales tax
18 revenues.
19 B. AUTHORITY will pay to CITY the AUTHORITY's annual contribution for the first fiscal
20 year within thirty (30) days of receipt of a request to draw down Senior Mobility Program funds or the
21 start of service, whichever is later. Subsequent annual contributions will be paid to CITY by August 31St
22 of the following year.
23 C. All unused or unmatched AUTHORITY funds shall be deducted from the following fiscal
24 year allocations.
25 D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus
26 paratransit vehicle, at no cost to CONTRACTOR and no further responsibility to AUTHORITY after
Page 2 of 8
L:\ Camm1CLERICAL \WORDPROC\AGREE\AG12492.dmx25J-25
AGREEMENT NO. C -1 -2492
1 donation. CITY may purchase additional vehicle(s) in excess of their vehicle allocation at a cost to
2 CITY of Five Thousand Dollars ($5,000) per vehicle, subject to vehicle availability.
3 ARTICLE 3. RESPONSIBILITIES OF CONTRACTOR
4 A. CONTRACTOR agrees that all funds received through CITY as specified in Article 2A
5 above will be used exclusively for providing accessible senior transportation services that do not
6 duplicate AUTHORITY's services as specified in Exhibit A entitled, "Scope of Work."
7 B. CONTRACTOR agrees to match twenty percent (20 %) of the total SMP allocation.
8 Local match may be made up of cash - subsidies, fare revenues, or in -kind contributions.
9 C. CONTRACTOR may contract with a third party service provider to provide senior
10 transportation services provided that:
11 1. Contractor is selected using a competitive procurement process; and
12 2. Wheelchair accessible vehicles are available and used when requested.
13 D. CONTRACTOR agrees to provide AUTHORITY with monthly summary reports of
14 CONTRACTOR's Senior Mobility Program. CONTRACTOR shall submit a monthly summary report
15 within fifteen (15) calendar days as specified in Exhibit C, "Senior Mobility Program Monthly Reporting
16 Form," included in this Agreement, which is incorporated into and made part of this Agreement.
17 E. CONTRACTOR shall procure and maintain primary insurance coverage during the entire
18 tern of this Agreement. Coverage shall be full coverage or subject to self- insurance provisions with
19 approval by AUTHORITY. CONTRACTOR shall provide the following insurance coverage:
20 1. Commercial General Liability, to include Products /Completed Operations,
21 Independent Contractors', Contractual Liability, and Personal Injury Liability with a minimum of
22 $1,000,000 of coverage.
23 2. Automobile Liability Insurance with a minimum of $1,000,000 combined single limits;
24 for Bodily Injury and Property Damage;
25 3. Workers' Compensation with limits as required by the State of California;
26 4. Employers' Liability with limits of a minimum of $100,000; and
Page 3 of 8
L:1Camm1 CLERICAL \WORDPROC\AGREEWG12492.docx25 J_ww
AGREEMENT NO. C -1 -2492
1 5. Proof of such coverage, in the form of an insurance company issued policy
2 endorsement and a broker issued insurance certificate, must be received by AUTHORITY prior to
3 commencement of any work. Proof of insurance coverage must be received by AUTHORITY and CITY
4 within seven (7) calendar days from the date of execution of the Agreement. AUTHORITY and CITY
5 must be named as an additional insured on the certificate and endorsement. CONTRACTOR shall
6 include on the face of the Certificate of Insurance the Agreement Number C -1 -2492; and the Senior
7 Contract Administrator's Name, Pia Veesapen.
8 F. In the event CONTRACTOR obtains a retired AUTHORITY vehicle for Senior Mobility
9 Program services, CONTRACTOR agrees to transfer vehicle title and registration within fourteen
10 (14) days from taking possession of the vehicle. CONTRACTOR also agrees to provide
11 documentation to AUTHORITY confirming transfer of vehicle title and registration from AUTHORITY
12 to CONTRACTOR within thirty (30) days from taking possession of the vehicle.
13 ARTICLE 4. RESPONSIBILITIES OF CITY
14 A. CITY agrees that all funds received from AUTHORITY as specified in Article 2A
15 above, will be transferred to CONTRACTOR to provide accessible senior transportation services
16 that do not duplicate AUTHORITY's services as specified in Exhibit A entitled, "Scope of Work."
17 B. CITY agrees that all funds which AUTHORITY provides will be transferred to
18 CONTRACTOR within 30 days of receipt.
19 C. CITY shall have no obligation to provide funding to CONTRACTOR if AUTHORITY
20 reduces or eliminates funding of the Senior Mobility Program.
21 D. CITY shall have no obligation or responsibility to provide oversight of the
22 transportation program operated by CONTRACTOR and its subcontractors as specified in this
23 Agreement.
24 ARTICLES. TERM OF AGREEMENT
25 This Agreement shall commence July 1, 2011, and shall continue in full force and effect and
26 shall extend through June 30, 2016, unless earlier terminated as provided in this agreement.
Page 4 of 8
L:1 Camm1CLERICAL \WORDPROCWGREEWG12492.dxx,25 ■_27
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AGREEMENT NO. C -1 -2492
ARTICLE 6. NOTICES
All Notices pertaining to this Agreement and any communications from the parties may be
made by delivery of said notices in person or by depositing said notices in the U.S. Mail, registered
or certified mail, return receipt requested, postage prepaid and addressed as follows:
TO CITY: TO AUTHORITY:
City of Santa Ana
424 West Third Street
Santa Ana, California 92702
ATTENTION: Pearl Raya
(714) 571 - 4230
TO CONTRACTOR:
Vietnamese Community of Orange County
1618 West First Street
Santa Ana, California 92703
ATTENTION: Christopher Nguyen
(714) 640 -3417
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, California 92863 -1584
ATTENTION: Pia Veesapen
(714) 560 -5619
ARTICLE 7. FEDERAL, STATE AND LOCAL LAWS
AUTHORITY, CONTRACTOR and CITY agree that in performance of their obligations under
this Agreement, they shall comply with all applicable federal, California State and local laws, statutes
and ordinances and all lawful orders, rules and regulations promulgated thereunder.
ARTICLE 8. AUDIT AND INSPECTION OF RECORDS
CITY and CONTRACTOR shall provide AUTHORITY, or other agents of AUTHORITY, such
access to accounting books, records, payroll documents and facilities, as AUTHORITY deems
necessary. CITY and CONTRACTOR shall maintain such books, records, data and documents in
accordance with generally accepted accounting principles and shall clearly identify and make such
Page 5 of 8
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AGREEMENT NO. C -1 -2492
1 items readily accessible to such parties during CITY's and CONTRACTOR's performance hereunder
2 and for a period of four (4) years. AUTHORITY's right to audit books and records directly related to this
3 Agreement shall also extend to all first -tier subcontractors.
4 ARTICLE 9. TERMINATION
5 A. AUTHORITY, CITY or CONTRACTOR may, for its own convenience, terminate this
6 Agreement at any time in whole or in part by giving the other parties written notice thereof of not less
7 than ninety (90) days in advance of the specified date of termination.
8 B. If Agreement is terminated prior to July 1" of any year within the term, CITY and /or
9 CONTRACTOR shall return funds received to AUTHORITY on a prorated basis for that annual
10 allocation.
11 ARTICLE 10. INDEMNIFICATION
12 A. CONTRACTOR shall indemnify, defend and hold harmless AUTHORITY and CITY,
13 their officers, directors, employees and agents from and against any and all claims (including
14 attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily
15 injuries, including death, damage to or loss of use of property caused by the negligent acts,
16 omissions, or willful misconduct by CONTRACTOR, their officers, directors, employees, agents,
17 subcontractors or suppliers in connection with or arising out of the performance of this Cooperative
18 Agreement.
19 B. CITY shall indemnify, defend and hold harmless AUTHORITY, their officers, directors,
20 employees and agents from and against any and all claims (including attorney's fees and
21 reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including
22 death, damage to or loss of use of property caused by the negligent acts, omissions, or willful
23 misconduct by CITY, their officers, directors, employees, agents, subcontractors or suppliers in
24 connection with or arising out of the performance of this Cooperative Agreement.
25 ARTICLE 11. ALCOHOL AND DRUG POLICY
26 A. CITY and CONTRACTOR agree to establish and implement an alcohol and drug
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AGREEMENT NO. C -1 -2492
1 program that complies with 41 U.S.C. sections 701 -707, (the Drug Free Workplace Act of 1988), which
2 is attached to this Agreement as Exhibit D. CITY and CONTRACTOR agree to produce any
3 documentation necessary to establish its compliance with sections 701 -707.
4 B. Failure to comply with this Article may result in nonpayment or termination of this
5 Agreement.
6 ARTICLE 12. CONFLICT OF INTEREST
7 CITY and CONTRACTOR agree to avoid organizational conflicts of interest. An
8 organizational conflict of interest means that due to other activities, relationships or contracts, CITY
9 and /or CONTRACTOR is unable, or potentially unable to render impartial assistance or advice to
10 AUTHORITY; CITY's and /or CONTRACTOR's objectivity in performing the work identified in the
11 Scope of Work is or might be otherwise impaired; or CITY and /or CONTRACTOR has an unfair
12 competitive advantage. CITY and /or CONTRACTOR is obligated to fully disclose to AUTHORITY in
13 writing Conflict of Interest issues as soon as they are known to CITY and /or CONTRACTOR. All
14 disclosures must be submitted in writing to AUTHORITY pursuant to the Notice provision herein.
15 This disclosure requirement is for the entire term of this Agreement.
16 ARTICLE 13. CODE OF CONDUCT
17 All parties agree to comply with AUTHORITY's Code of Conduct as it relates to Third -Party
18 contracts, which is hereby referenced and by this reference is incorporated herein. All parties agree
19 to include these requirements in all of its subcontracts
20 ARTICLE 14. FORCE MAJEURE
21 Either party shall be excused from performing its obligations under this Agreement during the
22 time and extent that it is prevented from performing by a cause beyond its control, including, but not
23 limited to: any incidence of fire, flood; acts of God; commandeering of material products, plants or
24 facilities by the federal state or local government; national fuel shortage; or a material act of
25 omission by the other party; when satisfactory evidence of such cause is presented to the other
26 party, and provided further that such nonperformance is unforeseeable, beyond the control and is
Page 7 of 8
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AGREEMENT NO. C -1 -2492
not due to the fault or negligence of the party not performing.
Upon execution by all parties, this Cooperative Agreement shall be made effective on July 1,
2011.
IN WITNESS THEREOF, the parties hereto have caused this Agreement No. C -1 -2492 to be
executed on the date first written above.
CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY
By By
David Ream Will Kempton
City Manager Chief Executive Officer
VIETNAMESE COUMMUNITY OF
ORANGE COUNTY
By
Tricia Nguyen
Chief Executive Officer
APPROVED AS TO FORM:
By-
KenrYard R. Smart, Jr.
General Counsel
APPROVED:
By
eth McCormi
General Manager, Transit -
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AGREEMENT NO. C -1 -2492
EXHIBIT A
SCOPE OF WORK
Senior Mobility Program
Vietnamese Community of Orange County
1. The Vietnamese Community of Orange County ( VNCOC) shall utilize funding
provided by OCTA and its local match to provide the following services to the
senior members of the Asian Senior Center of the VNCOC:
• Type of Service(s): Transportation for seniors to nutrition site, the Asian
Senior Center, and to supermarkets, medical and dental offices and
pharmacies when there is a need during business hours.
• Service Level: 40 hours /week, door -to -door service.
• Who is served: VNCOC senior members of 60 years old and over.
• Days /Hours of Service: Monday — Friday, 7:00 a.m. - 4:00 p.m.
• Area of Service: Orange County, emphasized in the cities with a high number
of VNCOC senior members.
2. VNCOC shall follow competitive procurement practices in selection of vendors for
all services which it does not provide using its own workforce. Any Request for
Proposals (RFP) for services shall specify the use of vehicles meeting Americans
with Disabilities Act (ADA) accessibility standards.
3. VNCOC wishes to utilize retirement eligible OCTA ACCESS vehicles for the
provision of SMP service. VNCOC is aware that additional vehicles may be
purchased from OCTA at a cost of $5,000 per vehicle. The cost shall be
deducted from the fiscal year allocation. VNCOC must register the vehicle and
maintain title for at least one year after transfer of title from OCTA.
4. VNCOC shall perform, or ensure that a contracted vendor performs,
maintenance of all vehicles used in the Senior Mobility program, including, at a
minimum:
• Daily Pre -Trip Inspections that meets or exceeds the guidelines provided in
the attached Pre- Operation Inspection & Defect Report (Attachment 1).
• Scheduled preventive maintenance that meets or exceeds the guidelines
provided in the attached Senior Mobility P.M. Checklist, including the
maintenance of all accessibility features of the vehicles (Attachment 2).
VNCOC shall maintain maintenance records for each vehicle for 5 years and
shall cooperate fully in annual Motor coach carrier terminal inspections
conducted by the California Highway Patrol.
5. VNCOC shall ensure that its operators, or its contracted vendor's operators, are
properly licensed and trained to proficiency to perform their duties safely, and in
25J -32
AGREEMENT NO. C -1 -2492
EXHIBIT A
a manner which treats its riders with respect and dignity. Disability awareness
and passenger assistance shall be included in this training.
6. VNCOC shall submit a monthly report to OCTA's Community Transportation
Services which includes, at a minimum, a monthly and fiscal year -to -date
summary of service and expenditures.
7. VNCOC shall participate in OCTA marketing and outreach efforts to encourage
use of fixed -route transit service by older adults.
8. VNCOC shall note OCTA sponsorship in any promotional material for service
funded under this agreement and shall display the OCTA Senior Wheels program
logo on vehicles use in this program (excluding taxis).
9. VNCOC shall ensure that it maintains adequate oversight and control over all
aspects of service that are provided by a contracted vendor.
2
25J -33
Attachment 1
Pre- Operation Inspection & Defect Report
Bus:'Van No. Date:
Federal Regulations state (her no motor vehicle carrying passengers for hire
shat be dnven unless the driver has determined that the /plowing parts and
accessories are in good working order. Each driver is required to sutirt a
signed written report daay for each coach driven.
fst Driver:
AM/PM
Miles Finsh:
Miles Start.
No Defects. O
Defects: 0 Signature:
2nd Driver:
!_
�!
Miles Finish
PAles Start:
No Defects. O
Defects: C Signature:
3rd Dever
Miles Finish: Miles Start:
No Defects. O Deleets: 0 Signature.
Miles Elapsed.
Miles Elapsed:
Miles Elapsed
PREOPERATIONS INSPECTIONS
indreare with an (x) that each Rem has been checked:
AM/PM
AMlPM
_ Tires/Lug Nuts (wheels d rims) _/_
Emergency Reflectors
Motor -Guard
!_
�!
Turn Signal SvAch/Hom
_ ! _ Air System
—1—
First Aid KA
Lights/Ref actors
^_/_
Radio
Wheelchair Lifts
Omves SeaUBelt
Wheelchair Lift Cover _/_
Door Interlock
—1— Mirrors
/
W/C Tie Down Straps
windshield WipersMashers
1
Manua( Lin Bar
Fire Extinguisher
Conduct Conduct Walk Around
Steering Mechanism _r_
Parkir4Brakes/Servtce
Brakes
DEFECTS: Indcate with
an (x) detective items or#: (Explain in Detalo
Raw
RETARQER
ENGINE
_ Brake Fluid Leaks
_ Light On:
_ Hot Engine/Water Leaks
_ Soft/Kard
Brakes Not Appled — Low 011100 Leaks
_ Pug to L/R
_ Light On_
_ Starts Hard
_ Dragging
Brakes Appled.
_ No Power /Eng, Ck. Light
_ Smoking
Bus Stopped
_ Smokes
Emergency Brake
_ Light Not On:
_ idles Rough/Vibration
_ Other - expian
Brakes Appied.
_ Exhaust, Vacuum Leaks
TtRES/WNEELS
Bus Moving
_ Fuel Leaks/LPG/Gas
_ Flat
ArC s 14CA C
— Onw-expief1
_ Embedded Object
_ Oft
_TRAN£� UISrON
_ Cut
_ Too Cold/Ho(
_ Won't Go into Gear
_ Smooth/Cord
_ Defroster Defect
_ SlipsrGrinds/Lurches
_ LF RF W1 RRO LRI LRO
_ Ventilation (Bklwers)
_ Excesaw Norse
_ Loose Missing Lugs
_ Fumes
_ Leaks
_ Other - explain
— Other- elan
_ Onve Lune Vibration
LJO l
MTPQQR Sr
atmMyl;r
_Rear End Noise
_ Interior
)a4N_DO
STEERING
_ Exterior
— Slow
_ Hard/Birds
_ Location
lrq -ative
_ Shimmy
_ leaks Air
_ Excessive Play
VEHICLE CLFANCINES S
— Excessive Play
_ Other . vow
inlerOr
�w - wow
— Exte-nor
Emergency Releases
_ Generatoostaner
Floor
WHEELCHAIR LOT
_ Turn SignatsrFiasfws
_ Windows
Will Not Fold Out
Horn
Seal Condition
Will Not Lower /Ratse
_— Fare Bok
:rpiatn:
No ReWaint t?-rA*
_ Instruments/Gauges
Lift Will Not Fold Into
_ Fuel. Oct. Arnp Meter
Bus
_ Seats _ Handrails
_ Modesty Panels
l3UUY UAMAUt:
Circle and describe any damage to a bus on d +agram
of fronUrear and two sloe views
ODescription
0
L100 Pq Description
it= Description
•
ti.
Description
OPERATOR(S):
IMPORTANT! Help expedite repairs by providing necessary
Information regarding defects' Please print
REPAIRS MADE:
ALL ITEMS COMPLETED - BUS SERVICED ANO RELEASED:
Supervisor's Signature Date
25J -34
Attachment 2
Senior Mobility P.M. Check List
Inspection
Date
Bus#
TERMINAL
workorder#
Current Mileage
Last inspection miles
A. Employee must check off all boxes/ Note all discrepancies on reverse side
Miles between
B. Check files and open workorders
C. Interior E. Under hood Y
1
jEntry door operation and seals
2
Temperature and oil warning devices
3
Neutral safety system
4
Horn, gauges and dash lights
5
Heater, defroster and fan
6
Windshield wipers and washer
7
1 Indicator lights
8
IThrottle operation
9
ISteering free play In.
10
jApplied and unapplied brake test for vacum loss
11
Interior lights
12
Windshield and window glass condition
13
Window mechanism and seals
14
Seat condition
15
Interior body, floor and stantions
16
Fire extinguisher date and bracket
17
Road warning devices
18
First aid kits
19
Emergency exits operation, warning devices and signs
20
Interior clean
21
Back up alarm
D. Exterior
S
Y
1
All exterior lights and signals
2
Mirror condition and mounting
3
Record body damage
4
Bumper bolts
5
Paint lettering and appearance
6
Emergency exits
7
jAxle flange and lug nuts, oil hubs
8
1 Tire side wall condition, cracked wheels, valve stem
9
Valve stem cap, alignment of rear duels
9
Tread depth
11
LF RF LRO
12
LRI RRO RRI
10
Tire inflation: Record and inflate
14
LF RF LRO
15
LRI RRO RRI
1
Check for visible leakage
2
Engine oil level
3
Transmission fluid level and condition
4
Brake fluid
5
Power steering fluld
6
Check all belts
7
Component and accessory mounting
8
Check all hoses and routing
9
Coolant level and protection c1f ph
10
Pressure test cooling system
11
Water pump and fan clutch play
12
Air filter condition - check restriction gauge
13
Check exhaust system
14
Battery fluid level and mounting
15
Clean battery and connections
16
Drain fuel /water separator
F, Under Bus
F
a
e
1
I Kingpin and wheel bearing play
2
Tire wear, condition and matching
3
Leakage at backing plates and wheel seals
4
Steering box, mounting, leakage, looseness and leaks
5
Front shocks and mounting
6
Front springs, bushings
7
Engine leaks, lines, filters, hoses and engine mounts
8
Istarter and connections
9
Exhaust system and mounting
10
Transmission mounted parking brake
11
Transmission teaks
12
Output shaft play
13
Driveshafl guard, U joints and retarder
14
18ody hold downs and insulators
15
Wiring along frame
16
Differential leaks, fluid level
17
Pinion play
18
Breather vent
19
Rear shocks and mounting
20
Rear springs, bushings and U bolts
21
Leakage at backing plates and wheel seals
22
Fuel tank straps and lines
23
Tail pipe hangers
24
Lube entire chassis
25 ICheck
drag link, tie rods and idler arms
25J -35
Attachment 2
Senior Mobility P.M. Check List
D. Brakes Y v
1 Visible and audible leaks
2 Check all lines along chassis
3 Check brake booster and hoses
4 Hydraulic lines
Remove wheels and check the following Items
5 Pads and rotors
6 Check pins and caliber's 4fl
H. Roadtest
I. Note repairs needed
Signature of Inspecting Mechanic
6,000 miles- inspectionloil change
30,000 Transmission service
60,000 Differential service
D. Lift Inspection
Inspection
9
Y W
1
Check lift for proper operations
2
Inspect for stress, cracks, mounting and alignment
3
Check pins
4
Check the complete hydraulic system
5
ICheck micro switches and electrical wiring
6
Check all system covers and warning signs
7
Check safety barrier
8
Lube complete lift
9
Check wheelchair securements, proper amount and operation
10
Lift door warning device
11
I Lift cover in place
25J -36
Signature of Supervisor
AGREEMENT NO. C -1 -2492
EXHIBIT B
Projected Funding Level
OCTA FY 12 - FY 16 Transportation Development Act Article 4.5 Funds
Vietnamese Community
of Orange County $ 71,848 $ 76,298 $ 80,329 $ 84,092 $ 87,771
Sales Tax Growth Rate 6.54% 6.19% 5.28% 4.68% 4.37%
Annual allocations are based on projected TDA funding and subject to change based on
annual percentage change of Authority's budget for TDA sales tax revenues.
25J -37
AGREEMENT NO. C -1 -2492
Senior Mobility Program Monthly Reporting Form EXHIBIT C
Monthly Reporting E -Form
OCTA
Service for the MonthfYears of:
Program Name:
City or Organization:
Contact Person:
Contact Number:
Trip Category II One -Way II Vehicle Service (! Vehicle Service
Passenger Trip Hours 1 Miles
Nutrition Trips:
Medical trips:
Shopping trips:
Other trips:
(Please specify trip type below' ")
Totals: 0 0 0
OCTA Monthly Contribution Amount:
City Monthly Contribution Amount:
Total Operation Cost for Month:
Source of City Contributions:
"Pleases eci other trip s being provided to seniors in this space;
Please provide the requested information and submit the completed form to OCTA.
Attention: Jessica DeakynelCommunityTransportation Coordinator, by email to jdeekynenocta.net or by FAX to (714)560 -5927.
—By the pith day of the month following the reporting month "'
Please contact Jessica Deakyne at (714) 560 -5802 if you have any questions or require assistance with the completion of this form.
Comments:
TR- BO-086 doc (0911MB) Page 1 of 1
25J -38
AGREEMENT NO. C -1 -2492
EXHIBIT D
A&-.
National Drug-Free
Workplace Alliance
DRUG -FREE WORKPLACE ACT OF 1988
THE FEDERAL LAW
This law, enacted November 1988, with subsequent modification in 1994 by the
Federal Acquisition Streamlining Act, (raising the contractor amount from
$25,000 to $900,000), requires compliance by all organizations contracting with
any U. S. Federal agency in the amount of $100,000 or more that does not
involve the acquisition of commercial goods via a procurement contract or
purchase order, and is performed in whole in the United States. It also requires
that all organizations receiving federal grants, regardless of amount granted,
maintain a drug -free workplace in compliance with the Drug -Free Workplace Act
of 1988. The Law further requires that all individual contractors and grant
recipients, regardless of dollar amount/value of the contract or grant, comply with
the Law.
Certification that this requirement is being met must be done in the following
manner:
By publishing a statement informing all covered employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the covered workplace, and what actions will be taken
against employees in the event of violations of such statement.
By providing ALL covered employees with a copy of the above - described
statement, including the information that as a condition of employment on the
Federal contract or grant, the employee must abide by the terms and conditions
of the policy statement.
For Federal contractors this encompasses employees involved in the
performance of the contract. For Federal grantees all employees must come
under this requirement as the act includes all "direct charge" employees (those
whose services are directly & explicitly paid for by grant funds), and 'indirect
charge" employees (members of grantee's organization who perform support or
overhead functions related to the grant and for which the Federal Government
pays its share of expenses under the grant program).
Among "indirect charge" employees, those whose impact or involvement is
insignificant to the performance of the grant are exempted from coverage. Any
other person, who is on the grantee's payroll and works in any activity under the
grant, even if not paid from grant funds, is also considered to be an employee.
Page 1 of 2
Revised: 0310312010
25J -39
AGREEMENT NO. C -1 -2492
EXHIBIT D
Temporary personnel and consultants who are on the grantee's payroll are
covered. Similar workers, who are not on the grantee's payroll, but on the payroll
of contractors working for the grantee, are not covered even if physical place of
employment is in the grantee's workplace.
By establishing a continuing, drug -free awareness program to inform employees
of the dangers of drug abuse; the company's drug -free workplace policy; the
penalties for drug abuse violations occurring in the workplace; the availability of
any drug counseling, rehabilitation, and /or employee assistance plans offered
through the employer.
By requiring each employee directly involved in the work of the contract or grant
to notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace not less than five (5) calendar days after such
conviction.
By notifying the Federal agency with which the employer has the contract or
grant of any such conviction within ten (10) days after being notified by an
employee or any other person with knowledge of a conviction.
By requiring the imposition of sanctions or remedial measures, including
termination, for an employee convicted of a drug abuse violation in the
workplace. These sanctions may be participation in a drug rehabilitation program
if so stated in the company policy.
By continuing to make a "good- faith" effort to comply with all of the requirements
as set forth in the Drug -Free Workplace Act.
All employers covered by the law are subject to suspension of payments,
termination of the contract or grant, suspension or debarment if the head of the
contracting or granting organization determines that the employer has made any
type of false certification to the contracting or grant office, has not fulfilled the
requirements of the law, or has excessive drug violation convictions in the
workplace. Penalties may also be imposed upon those employing a number of
individuals convicted of criminal drug offenses as this demonstrates a lack of
good faith effort to provide a drug -free workplace. The contract or grant officer
may determine the number on a case -by -case basis. Employers who are
debarred are ineligible for other Federal contracts or grants for up to five (5)
years. Compliance may be audited by the Federal agency administering the
contract or grant.
The Drug -free Workplace Act does not require employers to establish an
employee assistance program (EAP) or to implement drug testing as a part
of the program.
Source: Federal Registers April 11, 1988 & May 25, 1990 & the Federal Acquisition Streamlining
Act of 1994 (FASA).
Page 2 of 2
Revised: 0310312010
25J -40
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 16, 2011
TITLE:
RESOLUTION AFFIRMING
CONSISTENCY BETWEEN THE
CITY'S CIRCULATION ELEMENT
AND THE MASTER PLAN OF
ARTERIAL HIGHWAYS
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 a resolution affirming consistency between the City's Circulation Element and the Orange
County Master Plan of Arterial Highways to maintain eligibility to continue receiving Measure M
Program funding.
DISCUSSION
Each year local agencies are required to submit documentation to the Orange County
Transportation Authority to obtain and remain eligible to receive Measure M Comprehensive
Transportation Funding Programs (CTFP) Funds. Additionally, the City is required to adopt a
resolution affirming consistency between the City's Circulation Element and the Orange County
Master Plan of Arterial Highways (MPAH) every year.
This resolution attests that the City's adopted General Plan Circulation Element does not preclude
implementation of the MPAH within Santa Ana. Furthermore, it declares that no unilateral reduction
in through -lanes has been made on MPAH arterials during fiscal years 2008/2009 and 2009/2010,
that a uniform setback ordinance is in effect, and that provisions are in place to limit access to
arterial highways in order to protect the integrity of the system.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
55A -1
Resolution Affirming Consistency
Between the City's Circulation Element and the
Master Plan of Arterial Highways
May 16, 2011
Page 2
FISCAL IMPACT
Adoption of the resolution will enable the City to continue to receive approximately $3.8 million
Measure M Turnback funds each year and to be eligible for CTFP funding administered by the
OCTA.
l --
Raul Godinez II
Executive Directo
Public Works Agency
RG /JG
Exhibit: Resolution
APPROVED AS TO FUNDS AND ACCOUNTS:
(% :;,. I . 1
Francisco Gutierrez G6
Executive Director 9
Finance & Management Services Agency
55A -2
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AFFIRMING CONSISTENCY BETWEEN THE
CIRCULATION ELEMENT OF THE CITY OF SANTA ANA
AND THE MASTER PLAN OF ARTERIAL HIGHWAYS
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 maintain and improve the streets
within its jurisdiction, including those arterials contained in the
Master Plan of Arterial Highways (MPAH).
B. The City of Santa Ana has endorsed a definition of, and a process
for determining, consistency of the City's Traffic Circulation Plan
with the MPAH.
C. The City has adopted a General Plan Circulation Element which
does not preclude implementation of the MPAH within its
jurisdiction.
D. The City is required to adopt a resolution annually informing the
Orange County Transportation Authority (OCTA) that the City's
Circulation Element is in conformance with the MPAH and whether
any changes to any arterial highways of said Circulation Element
have been adopted by the City during Fiscal Years 2009/2010 and
2010/2011.
E. The City is required to send every year to the OCTA all
recommended changes to the City Circulation Element and the
MPAH for the purposes of re- qualifying for participation in the
Combined Transportation Funding Programs.
Section 2. The City of Santa Ana does hereby inform OCTA of the following:
A. The arterial highway portion of the Circulation Element of
Santa Ana is in conformance with the latest Master Plan of Arterial
Highways.
55A -3
B. The City attests that no unilateral reduction in through lanes has
been made on any MPAH arterials during Fiscal Years 2009/2010
and 2010/2011.
C. The City has adopted a uniform setback ordinance providing for the
preservation of rights -of- way- consistent with the MPAH arterial
highway classification.
D. The City has adopted provisions for the limitation of access to
arterial highways in order to protect the integrity of the system.
Section 3. This Resolution shall take effect immediately upon its
adoption by the City Council, and the Clerk of the Council shall attest to and
certify the vote adopting this Resolution.
ADOPTED this day of , 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph Straka, Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
55A -4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2011 -XXX to be the original resolution adopted by the
City Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
55A -5
LAWMM-O,