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HomeMy WebLinkAbout FULL PACKET_2011-07-18MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 20, 2011 CLOSED SESSION MEETING CALLED TO ORDER POLICE CHIEF'S CONFERENCE ROOM 60 CIVIC CENTER PLAZA, 4TH FLOOR SANTA ANA, CA 5:16 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim 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) Daniel Armendarez vs City of Santa Ana, WCAB Case Nos. Unassigned; Unassigned; ADJ7343384; 89ANA225193 Charles Saale vs City of Santa Ana, WCAB Case Nos. Unassigned; ADJ3723964; ADJ152445 Carlos Contreras v. City of Santa Ana, United States District Court Case No. SACV10 -1131 CITY COUNCIL MINUTES 1 0A -1 JUNE 20, 2011 Kim, Steve, Nancy and Yung v. City of Santa Ana, City of Buena Park United States District Court Case No. SACV09 -01153 CJC (ANx)* *Councilmember Sarmiento noted a conflict of interest and left the room during consideration of matter (5:48 p.m. to 5:53 p.m.) 1 B CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) - Three matters ** * *Councilmember Benavides noted a conflict of interest and left the room during consideration of one of the items (5:18 p.m. to 5:43 p.m.) 1C CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION pursuant to Government Code Section 54956.9(c) - One matter. 1 D LIABILITY CLAIMS pursuant to Government Code Section 54956.95 - Claimant: Jose Ochoa Claim No. 2011 -063 1 E CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent 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) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) CITY COUNCIL MINUTES 2 G r�7. JUNE 20, 2011 1F 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 6:10 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES i NMI JUNE 20, 2011 REGULAR OPEN SESSION CALLED TO ORDER POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 6:13 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PLEDGE OF ALLEGIANCE MAYOR PULIDO CLOSED SESSION REPORT — Refer to Agenda Item 19A for Report. PUBLIC COMMENTS • Robert Lauten, commented on Financial Crisis Inquiry Commission and HR1489. • Ralph Allen, opposed to PBID tax. • Mayra Mejia, (Item 55B) representing Latino Health Access, thanked City and Council on support of Prop 84 grant funds for Roosevelt/Walker improvements. CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 31B with the following modifications: • Mayor Pulido noted a conflict of Interest due to a campaign contribution and abstained on Item 3113; • Mayor Pro Tern Alvarez pulled item 31A for separate action; • Councilmember Bustamante pulled item 22D for separate action; and • Mayor Pulido pulled item 25B to amend recommended action. CITY COUNCIL MINUTES 4 1 0A -4 JUNE 20, 2011 MOTION: Bustamante SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE REGULAR OPEN MEETING OF JUNE 6, 2011 MEETING - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF JUNE 10, 2011 MEETING - Clerk of the Council Office MOTION: Approve Minutes. 10C MINUTES FROM THE SPECIAL CLOSED SESSION MEETING OF JUNE 13, 2011 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 - FISCAL YEAR 2011 -2012 — CITY BUDGET - Finance & Management Services Placed on first reading at the June 6, 2011 City Council meeting and approved by a vote of 6 -0 ( Tinajero absent). CITY COUNCIL MINUTES 5 JUNE 20, 2011 1 0A -5 Published in the Orange County Reporter on June 10, 2011. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2820 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 11B SECOND READING ORDINANCE - AMENDMENT APPLICATION NO. 2011 -01 FOR A NEW MEDICAL OFFICE BUILDING LOCATED IN THE GENERAL COMMERCIAL (C2), SINGLE FAMILY RESIDENTIAL (R1), AND BRISTOL STREET SPECIFIC PLAN (SP -1) ZONING DISTRICTS AT 1306 -1312 WEST SANTA ANA BLVD - FILED BY KEVIN COLEMAN - Planning and Building Agency Placed on first reading at the June 6, 2011 City Council meeting and approved by a vote of 6 -0 (Tinajero absent). Published in the Orange County Reporter on June 10, 2011. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2821 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ZONING THE PROPERTIES LOCATED AT 1306 -1312 WEST SANTA ANA BOULEVARD FROM SINGLE - FAMILY RESIDENCE (R1) AND BRISTOL STREET SPECIFIC PLAN (SP -1) TO GENERAL COMMERCIAL (GC) (AA NO. 2011 -01) BOARDS / COMMISSIONS / COMMITTEES 13A APPOINTMENT - COMMUNITY COMMISSION - NOMINATED BY THE WARD 6 REPRESENTATIVE 14, 2014 - Clerk of the Council Office MOTION: Appoint. REDEVELOPMENT & HOUSING COUNCILMEMBER TINAJERO AS FOR TERM EXPIRING DECEMBER Name Board /Commission Susan Tuchler Community Redevelopment & *(Replaces, M. Walters) Housing Commission Residing Ward 6 CITY COUNCIL MINUTES 6 JUNE 20, 2011 iil�l�� 13B RE- APPOINTMENT TO THE PERSONNEL BOARD - NOMINATED BY COUNCILMEMBER BENAVIDES AS THE WARD 4 REPRESENTATIVE FOR A FULL TERM EXPIRING DECEMBER 9, 2014 - Clerk of the Council Office MOTION: Re- appoint. Residing Name Board /Commission Ward Enrique Adame Personnel Board 4 13C PRIVATE SECTOR APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT BOARD - Community Development Agency MOTION: Appoint Beatriz Gonzalez, Manager for Home Depot, as a private sector member to the Santa Ana Workforce Investment Board. 13D PUBLIC SECTOR APPOINTMENT TO THE SANTA ANA WORKFORCE INVESTMENT BOARD - Community Development Agency MOTION: Appoint Willia Edmonds, Job Developer for Goodwill Industries, fulfilling a required public sector membership on the Santa Ana Workforce Investment Board. 13E COUNCIL COMMITTEE REPORTS - Parks, Recreation & Community Services Agency MOTION: Receive and file Parks, Recreation, Education and Youth Minutes for March 31, 2011. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve. 1. Full release and compromise agreements. Daniel Armendarez vs City of Santa Ana, WCAB Case Nos. Unassigned; Unassigned; ADJ7343384; 89ANA225193 in the amount of $130,000. Charles Saale vs City of Santa Ana, WCAB Case Nos. Unassigned; ADJ3723964; ADJ152445 in the amount of $15,000. CITY COUNCIL MINUTES 7 JUNE 20, 2011 1 0A -7 2. Settlement agreement. Claimant: Jose Ochoa Claim No. 2011 -063 in the amount of $6,430.98. 19B EXCUSED ABSENCES — None 19C QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES - Community Development Agency MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A CAL -EPA CERTIFIED UNIFIED PROGRAM AGENCY ELECTRONIC REPORTING GRANT 2010 - Fire Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -226 — Approving for the CAL -EPA Certified Unified Program Agency Electronic Reporting Grant 2010 expenditure account. 20B AGREEMENT AND APPROPRIATION ADJUSTMENT WITH SOUTHERN CALIFORNIA EDISON TO FUND ENERGY EFFICIENCY STRATEGIC PLAN ACTIVITIES - Public Works Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute an agreement subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011 -163 - With Southern California Edison to receive an amount not to exceed $729,928 in funding to implement specific energy efficiency strategic plan activities, consistent with the California Energy Efficiency Strategic Plan. 2. Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 8 JUNE 20, 2011 illyx;� APPROPRIATION ADJUSTMENT NO. 2011 -212 - Accepting Energy Efficiency Strategic Plan funds in revenue account and appropriate the funds to the consulting services expenditure account. 20C APPROPRIATION ADJUSTMENT ACCEPTING FY 2010/11 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND — Police Department MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -228 — Recognizing the FY 2010/11 Supplemental Law Enforcement Services Fund in an amount of $88,700 into the revenue account and appropriate same into the expenditure accounts. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22C) 22A SPEC NO.11 -032 - SEWER MANHOLE REHABILITATION AND LINING - Award a contract to Zebron Contracting, Inc. in an amount not to exceed $75,000 (Public Works Agency) — Finance & Management Services 22B SPEC NO. 11 -012 - MAINTENANCE AND SERVICE OF CHILLERS, COMPRESSORS AND HVACS - Award contracts for a one -year period, with provisions for two one -year renewals, in an annual aggregate amount not to exceed $140,000 with the vendors listed below (Finance & Management Services): Vendor Location ACCO Engineered Systems Costa Mesa Johnson Controls Whittier 22C SPEC NO. 11 -035 - ELEVATOR MAINTENANCE AND REPAIR SERVICES - Award a contract to Pacific Coast Elevator dba Amtech Elevator Services for a one -year period, with provisions for two one -year renewals, in an annual amount not to exceed $45,000 - Finance & Management Services CITY COUNCIL MINUTES 9 JUNE 20, 2011 LL1 A , w ; I .STREET, SWEEPERS; Public tll� rks Agency Councilmember Bustamante motioned to continue matter for 6 months. Motion seconded by Councilmember Benavides. Council discussion ensued. AMENDED MOTION: Continue matter for 30 days (July 18, 2011) to allow staff time to review alternatives to purchasing new sweepers. MOTION: Bustamante SECOND: Benavides VOTE: AYES: Benavides, Bustamante, Pulido, Sarmiento (4) NOES: Alvarez, Martinez, Tinajero (3) ABSTAIN: None (0) ABSENT: None (0) 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 actions as noted on the Request for Council Action report. (Item 25A, and 25C through 25F) 25A AGMT NO. 2011 -164 - TELEPHONE SYSTEM MAINTENANCE - Execute a three -year agreement with NEC Corporation of America, Inc. in an annual amount not to exceed $190,000 per year with provisions for three one -year renewals - Finance & Management Services MOTION: Continue matter for 30 days (July 18, 2011) to allow staff to review tree trimming policy and amend contract if needed. MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) CITY COUNCIL MINUTES 10 ii[1l_dlC JUNE 20, 2011 ABSTAIN: None (0) ABSENT: None (0) 25C ALLOCATION OF WORKFORCE INVESTMENT ACT FORMULA YOUTH FUNDS FOR PROGRAM YEAR 2011 -12 AND YOUTH SERVICE PROVIDER NAVIGATOR MEMORANDUM OF UNDERSTANDING TERM EXTENSION - Community Development Agency MOTION: Approve and authorize the City Manager and Clerk of the Council to execute contracts for Workforce Investment Act Formula Youth funding of the following Youth Program Operators for Program Year (PY) 2011 -2012, for a total of $668,000, for the period of July 1, 2011 through June 30, 2012: • AGMT NO. 2011 -165 — With Taller San Jose to provide work experience, occupational skills training, supportive services, counseling, job preparation, and placement to 25 Out -of- School Youth in the amount of $150,000; • AGMT NO. 2011 -166 — With Santa Ana Public Library to provide post secondary occupational skills training, work experience, leadership development, and supportive services for 12 In- School Youth and 8 Out -of- School youth in the amount of $150,000; • AGMT NO. 2011 -167 — With Orange County Conservation Corps to provide work experience, alternative secondary education, post- secondary education resources, and supportive services for 23 Out -of- School Youth in the amount of $218,000; • AGMT NO. 2011 -168 — With Orange County Children's Therapeutic Arts Center to provide tutoring, work experience, occupational skills training, job preparation, supportive services, mentoring, and counseling for 25 Out -of- School Youth in the amount of $150,000 2. AGMT NO. 2011 -169 - Extend the term of the Memorandum of Understanding with the Santa Ana WORK Center for the Youth Service Provider Navigator service to June 30, 2012 and allocate funding in the amount of $317,745 from Program Year 2011 -12 funds. CITY COUNCIL MINUTES 11 JUNE 20, 2011 1 0A -11 25D AGMT NO. 2011 -170 - FUND ALLOCATION FOR THE IMPLEMENTATION OF NEIGHBORHOOD STABILIZATION PROGRAM 3 TO ASSIST NEIGHBORHOODS IMPACTED BY FORECLOSED OR ABANDONED PROPERTIES - With ANR Homes, Inc. in an amount not to exceed $1,317,703 plus program income - Community Development Agency 25E COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FY 2011/12 ALLOCATION AMENDMENTS - Community Development Agency MOTION: Approve the allocation amendments to the Fiscal Year 2011 -2012 Community Development Block Grant Program. 2. Authorize the City Manager to submit the approved program to the United States Department of Housing and Urban Development for the City's Fiscal Year 2011 -2012 allocation of Community Development Block Grant funds and execute a grant agreement. AGMT NO. 2011 -171 - With the United States Department of Housing and Urban Development (HUD). 3. Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute memorandums of understanding. AGMT NOS. 2011 -172 - With city departments and agreements with nonprofit agencies awarded funds as part of the approved program. 25F AGMT NO. 2011 -173 - LAW ENFORCEMENT HELICOPTER SERVICES — With Orange County Sheriff's Department in an annual amount not to exceed $345,633 - Police Department and Community Development Agency LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES CITY COUNCIL MINUTES 12 JUNE 20, 2011 1 0A -12 Recommended action approved by the Planning Commission on May 23, 2011, by a vote of 7 -0. MOTION: Refer matter to the Public Safety Committee for review. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Recommended action approved by the Planning Commission on May 23, 2011, by a vote of 7 -0. MOTION: Receive and file the staff report approving Variance No. 2011 -05 as conditioned. * Mayor Pulido abstained on item 31 B due to a campaign contribution. * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A ADOPT THE CITY'S ANNUAL STATEMENT OF INVESTMENT POLICY - Finance & Management Services MOTION: 1. Adopt a resolution. CITY COUNCIL MINUTES 13 JUNE 20, 2011 1 0A -13 RESOLUTION NO. 2011 -037 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY 2. Receive and file the Annual Statement of Investment Policy. MOTION: Alvarez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B AUTHORIZE THE SUBMITTAL OF PROPOSITION 84 STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION GRANT APPLICATION IN AN AMOUNT OF $5,000,000 FOR ROOSEVELT/WALKER JOINT USE SITE IMPROVEMENTS - Parks, Recreation & Community Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011 -038 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS UNDER THE SAFE DRINKING WATER BOND ACT OF 2006 MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 14 JUNE 20, 2011 1 0A -14 REPORTS 65A OPPOSITION TO THE CITIZENS REDISTRICTING COMMISSION'S PROPOSED REDISTRICTING IN SANTA ANA — City Manager's Office Mayor Pro Tern Alvarez commented on the matter; summarized process performed by the State after U.S. Census information released. Councilmember Sarmiento indicated that City represented at last hearing before draft maps to be released in August, 2011. Councilmember Benavides noted that written testimony accepted through June 24, 2011. MOTION: Authorize the City Manager to prepare a letter on behalf of the City Council and the City of Santa Ana to the Citizens Redistricting Commission in opposition to the proposed redistricting of the City's State Assembly, State Senate, and Congressional Districts. MOTION: Alvarez SECOND: Sarmiento VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) JOINT SESSIONS OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY CONVENED AT 6:39 P.M. 80A JOINT SESSION - AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR 415 and 423 S. RAITT STREET - Community Development Agency MOTION: Authorize the City Manager, or designee, to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney AGMT NO. 2011 -174 — For the sale of real property to the Community Redevelopment Agency for the property located at 415 and 423 S. Raitt Street (APN 007 - 213 -12 and APN 007 - 213 -14). MOTION: Alvarez SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 15 1 0A -15 JUNE 20, 2011 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 80B JOINT PUBLIC HEARING — ACQUISITION AND SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR 335 E. McFADDEN AVENUE — Parks, Recreation & Community Services and Community Development Agency Legal Notice published in the O.C. Reporter on June 6, 2011 and June 13, 2011. The public hearing opened at 6:40 p.m. No correspondence was received. There were no public speakers and the hearing closed. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011 -039 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE SALE OF AGENCY OWNED PROPERTY LOCATED AT 335 EAST McFADDEN AVENUE; AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS AS NECESSARY; AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO, ON BEHALF OF THE CITY 2. Authorize the City Manager, or designee, to execute an agreement subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2011 -175 - For the acquisition of real property from the Community Redevelopment Agency located at 335 East McFadden Avenue (APN 011 - 065 -19) in an amount of $272,860, plus normal closing costs and escrow fees. 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2011 -219 — Recognizing $280,000 in the Residential Development — District 3 revenue account MOTION: Benavides SECOND: Alvarez CITY COUNCIL MINUTES 16 iillym � JUNE 20, 2011 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL RECESSED AT 6:44 P.M. AND CONVENED TO THE COMMUNITY REDEVELOPMENT AGENCY MEETING; THE CITY COUNCIL RECONVENED AT 6:45 WITH SAME MEMBERS PRESENT. *Mayor Pro Tern Alvarez and Councilmember Sarmiento left the meeting at 6:45 p.m. and did not return. WORK STUDY SESSION WSA CITYWIDE JOINT USE UPDATE - Parks, Recreation & Community Services Agency JOINT USE AGREEMENTS WITH SANTA ANA UNIFIED SCHOOL DISTRICT The Parks, Recreation and Community Services Agency has 7 Joint Use agreements with SAUSD. The most recent and comprehensive Joint Use Agreements approved were: • Centennial Park/Godinez High School Joint Use Agreement • Willard Intermediate School Joint Use (25 year) Agreement — PRCSA is working with the SAUSD to establish new Joint Use Agreements for: • SA High School (Neal Machander Tennis Courts) • Willard Intermediate School (Park Site) • Garfield Elementary School (Community Center) • Monte Vista Elementary School (Fence /Security Lighting) • Roosevelt/Walker Park (Community Center /Park) Neal Machander Tennis Courts — SA High School (Neal Machander Tennis Courts) • District/City entered into a cooperative 25 year lease agreement for use of First/Flower Reservoir (for school tennis courts) and McKinley Elementary School site (Angel Park) on October 4, 1971. CITY COUNCIL MINUTES 17 JUNE 20, 2011 1 0A -17 • Both agencies benefited and lease was executed at no cost to both agencies. • Lease expired in 1996 and City /District continued use on a month to month bases. — City /District staff recommends a lease /joint use agreement with the following terms: • 10 year lease with option for (2) additional 10 years • No money exchange is required and lease is contingent on the execution of the Angel Park lease being in effect. — District constructed 11 courts and City paid for lighting on 4 courts. — Joint Use of Tennis Courts • District Use: • District schedules use during regular school hours. • District will enter into an MOU to permit Orange County High School of the Arts ( OCHSA) use of the tennis courts. • After school hours, District and OCHSA shall reserve courts through City Reservation system to avoid conflicts. • City Use: City schedules use after school hours and weekends. — Supervision • Each entity shall be responsible for supervision during its time of use. — Maintenance and Repair • All maintenance and repair is the responsibility of the District. — Utilities • City is responsible to pay for all electricity and water service. Willard Intermediate School — Willard Intermediate Park • District/City entered into a 25 year Joint Use Agreement for use of Willard Intermediate School on Nov. 17, 2008. • City recently was awarded a Prop 84 grant in the amount of $4.4 million of improvements requiring a 30 year Joint Use Agreement. — Joint Use Agreement • Terms: ° 30 years with option for extension ° City to provide $4.4 million grant funding for park improvements including synthetic turf field, sports lighting, running track, fencing, restroom, play equipment area and landscaping. • District Use • District schedules use during regular school hours. • After school hours, District shall reserve fields through City Reservation system to avoid conflicts. • City Use: ° City schedules use after school hours and weekends. CITY COUNCIL MINUTES 18 JUNE 20, 2011 ii[ll_d_E:� ° Only the playground (Tot Lot) and restroom will be accessible to public during school hours. — Supervision • Each entity shall be responsible for supervision during its time of use. — Maintenance and Repair • All maintenance and repair is the responsibility of the District. — Utilities • City is responsible to pay for electrical use of sports lighting. Garfield Elementary School — Garfield Community Center — Community request for parks & programs — Community priority • Teen programs • Health Classes • Continued education • Dance • Senior Programs — Funding • CDBG funding ($2.5 million) — Joint Use • Terms ° Community Center constructed on Garfield Elementary School ° 2 story building (Total 10,000 sq. ft.) 1St floor district multi - purpose room ✓ Used by district during school hours ✓ Available for city program after - school and weekends ° 2nd floor community center ✓ open to community during and after school hours Monte Vista Elementary School — The community request for access on school basketball courts and security lighting for after school hours and on weekends. — City and District staff recommends : • Fence (8 ft high) south of the portable classrooms to the flood control channel and along ball field fence to the flood control channel. • Gates at various locations to provide access during school hours and after school hours. • Security lighting around courts — Joint Use Agreement • Terms: ° 30 years with option for extension ° City to construct fencing and security lighting with CDBG funding identified in FY2011/12 budget. CITY COUNCIL MINUTES 19 JUNE 20, 2011 • District Use • District schedules use during regular school hours. • After school hours, District can reserve fields and /or basketball courts through City Reservation system to avoid conflicts. • City Use: ° City schedules use of ball field and identifies basketball courts for open play (first come basis) after school hours and weekends. — Supervision • Each entity shall be responsible for security during its time of use. — Maintenance and Repair • All maintenance and repair is the responsibility of the District. — Utilities • City is responsible to pay for electrical use of security lighting. Roosevelt/Walker Elementary School — Roosevelt/Walker Elementary Schools located in area void of park open space. — Latino Health Access and SAUSD entered into a one year Memorandum of Understanding (MOU) for public access onto Roosevelt/Walker Elementary Schools. — PRCSA has an opportunity to apply for grant funding to develop a community center and park site onto the school site and continue public access on the school site. — Prop 84 -Park Development and Community Revitalization Program (Second round) • Application due: July 1, 2011 • $184 million available • Maximum grant request: $5 million • No Match Requirement Prop 84 Purpose • Construct new recreational feature or park site. • Property must be owned by applicant or under a 30 year term requirement. — Prop 84 Selection Criteria (State Fact Finder) • Critical Lack of Park space (no park space within Y2 mile radius) • In a Significant Poverty area ($47,173 median household level with 4,474 below the poverty line) • Type of Project (new community center /park site) • Community base planning (min. 5 community planning meetings) • Sustainable Techniques (water efficiency; drought tolerant planting, etc.) • Site open /accessible to the public (Fees /Hours of Operation) • Youth outdoor learning employment or volunteer opportunities • Community challenges and project benefit CITY COUNCIL MINUTES 20 JUNE 20, 2011 COMMENTS 90A CITY MANAGER'S COMMENTS — None 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Attended last Youth Commission meeting; impressed with enthusiasm; • Invited all to attend the "Defenders of Liberty" video presentation on Friday, July 1St at 7 p.m. at the Main Library; Youth Commission and Library Teen Space hosting VIP reception prior to video presentation. Councilmember Benavides: Invited all to attend the special video presentation at the Main Library; and Wished all a Happy 4th of July and encouraged all to attend the 3`d of July event at Centennial Park, Councilmember Martinez: • Congratulated all graduating high school seniors and college students; • Requested assistance in finding new location for El Centro Cultural de Mexico; • City to conduct tour of City trees and bike tour of trails; and • Will be attending NALEO Conference with Mayor Pro Tem Alvarez and Councilmember Sarmiento; topic of redistricting. Mayor Pulido: • Thanked Councilmembers Bustamante and Benavides for personal monetary contribution towards 3rd of July event; • Attended U.S. Conference of Mayors; cities throughout country financially distressed — consequence is creative approach to re- engineering, effective use of funds, how to deliver services, and efficient use of technology; City and others have reopened negotiations with labor groups; and • Upcoming Work Study would tour City trees and bike trails; and • Announced that the Regular Meeting of the City Council scheduled for July 5, 2011 was cancelled; the next regularly scheduled meeting will be July 18th ADJOURNED - 7:22 P.M. - The next meeting of the City Council is scheduled for Monday, July 18, 2011 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 21 JUNE 20, 2011 1 OA -21 1 OA -22 MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER JUNE 22, 2011 COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 7:40 A.M. ATTENDANCE AGENCY MEMBERS Present: MIGUEL PULIDO, Chair CLAUDIA C. ALVAREZ, Chair Pro Tern CARLOS BUSTAMANTE MICHELE MARTINEZ AGENCY MEMBERS Absent: P. DAVID BENAVIDES VINCENT F. SARMIENTO SAL TINAJERO STAFF Present: NANCY EDWARDS, Interim Executive Director JOSEPH STRAKA, Interim Agency Counsel MARIA D. HUIZAR, Recording Secretary PUBLIC COMMENTS • Roy Alvarado, inquired as to need for Special Meeting and noticing provided. *Council explained need for action before next regularly scheduled meeting and proper noticing as legally required. JOINT ITEM AMENDED DISPOSITION AND DEVELOPMENT AGREEMENT AND ASSIGNMENT AND ASSUMPTION AGREEMENTS FOR CREVIER BMW AND MINI AT THE SANTA ANA AUTO MALL RECOMMENDED ACTIONS: Adopt a resolution approving an Amended Disposition and Development Agreement for Crevier BMW and Mini at the Santa Ana Auto Mall. CRA RESOLUTION NO. 2011 -009 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA CONSENTING TO ASSIGNMENT OF A PRIVATE DISPOSITION AND MINUTES OF SPECIAL MEETING 1 0 B A JUNE 22, 2011 DEVELOPMENT AGREEMENT AND APPROVING AN AMENDMENT TO THE PRIVATE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND PAG SANTA ANA B1, INC. AND THE AGENCY MAKING CERTAIN OTHER FINDINGS IN CONNECTION THEREWITH 2. Authorize the Executive Director and Agency Secretary to execute the attached Assignment and Assumption Agreement by and among PAG Santa Ana B1, Inc., a Delaware corporation ( "Assignee "), and Santa Ana Properties, LLC, a California limited liability company ( "Assignor ") for property located at 1500 Auto Mall Drive, including Agency consent and estoppel, subject to non - substantive changes approved by the Executive Director and Agency General Counsel. 3. Authorize the Executive Director and Agency Secretary to execute the attached Assignment and Assumption Agreement by and among PAG Santa Ana B1, Inc., a Delaware corporation ( "Assignee "), and Santa Ana Properties II, LLC, a California limited liability company ( "Assignor ") for property located at 1455 Auto Mall Drive, including Agency consent and estoppel, subject to non - substantive changes approved by the Executive Director and Agency General Counsel. MOTION: Bustamante VOTE: AYES: NOES: ABSTAIN: ABSENT: ADJOURNED — 7:46 A.M. Maria D. Huizar, Recording Secretary SECOND: Alvarez Alvarez, Bustamante, Martinez, Pulido (4) None (0) None (0)* Benavides, Sarmiento, Tinajero (3) MINUTES OF SPECIAL MEETING 1 OB_22 JUNE 22, 2011 MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 13, 2011 CALLED TO ORDER CITY HALL, 8T" FLOOR, ROOM 831 20 CIVIC CENTER PLAZA SANTA ANA, CA 2:24 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None 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 EMPLOYEE APPOINTMENT /INTERVIEW pursuant to Government Code Section 54957 Title: City Attorney CLOSED SESSION REPORT — Nothing to report. ADJOURNED — 5:31 P.M. Maria D. Huizar, Clerk of the Council MINUTES OF SPECIAL MEETING 1 OC -i JULY 13, 2011 1 0C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: RESOLUTION OF INTENTION TO MODIFY THE MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGE "E VT DISTRIC CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ugan� ❑ 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 of Intention to modify the Management District Plan to adjust the boundaries and Engineer's Report for the Downtown Santa Ana Community Management District, and establish a time and place for a public hearing to be held by the City Council on August 1, 2011. DISCUSSION On December 15, 2008, the City Council adopted a resolution establishing the Downtown Santa Ana Community Management District (CMD) and the levy of an assessment of the property owners within the district to fund various activities in the Downtown. As part of the establishment process, the Management District Plan was also adopted which includes a description of the boundaries of the district and an Engineer's Report, among other requirements. Downtown, Inc., a non - profit organization, serves as the CMD property owners association and is responsible for the day -to -day management and administration of the CMD. Downtown, Inc. has submitted a written request for City Council to modify the boundaries of the CMD. The proposed modification is to decrease the boundaries of the CMD, which will reduce the number of parcels included within the district. If the modification to the boundaries is approved at a public hearing, the Management District Plan and the Engineer's Report will also need to be amended in conformity with the revised boundaries. Section 13 -212 of the Santa Ana Municipal Code requires the City Council to adopt of resolution of intent stating the proposed modifications, and then a public hearing must be held not more than ninety days after the adoption of the resolution of intent. The public hearing for City Council to consider Downtown Inc.'s request is scheduled for August 1, 2011. The property owners were notified of this pending action before the City Council, and the appropriate public notice of the meeting was published in the newspaper as required by Section 13 -212. 12A -1 Resolution of Intention to Modify the Management District Plan to Adjust CMD Boundaries July 18, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. UJ a --e -�Q Nancy T. Ed ards Interim Exec ive Director Community Development Agency NTE /sg Exhibit: 1. Resolution 12A -2 ROH (07/18/11) RESOLUTION NO. 2011 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO MODIFY THE MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES AND ENGINEER'S REPORT FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. 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. Pursuant to Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law "), the City Council established the Downtown Santa Ana Community Management District (the "CMD "). B. Pursuant to Section 13 -204 of the Law, a Management District Plan was adopted for the CMD. The Management District Plan includes a description of the boundaries of the district, as well as an engineer's report, prepared by a registered professional engineer, which complies with the requirements of Sections 4(a), (b), and (c) of Article XIIID of the California Constitution. C. Section 13 -212 of the Law permits the Management District Plan for the CMD to be modified by notice of a resolution of intention being sent to all owners affected by the proposed modifications, and published. D. A written request has been submitted by Downtown, Inc. requesting the City Council to initiate proceedings pursuant to the Law to modify the Management District Plan for the CMD. The written request from Downtown, Inc. is incorporated herein by this reference. E. The proposed modification is to decrease the boundaries of the CMD, which will reduce the number of parcels included within the district. F. The City proposes to have all maps, notices, and descriptions of the boundaries in the Management District Plan and required by the Law amended to reflect the revised boundaries. 12A -3 Resolution No. 2011 -XXX Page 1 of 3 G. The proposed modification to decrease the boundaries of the CMD also requires an amendment of the Engineer's Report in order to analyze the special benefits conferred within the proposed amended boundaries of the CMD. H. The City proposes to have the Engineer's Report amended in conformity with the revised boundaries of the CMD. Notice of this Resolution of Intention has been mailed and published as required by the Law. Section 2. Pursuant to Sections 13 -212 of the Law, the City Council declares its intention to modify the Management District Plan of the CMD, including the boundaries and the Engineer's Report, as proposed by Downtown, Inc. to decrease the number of parcels included within the CMD. Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the modification of the CMD Boundaries, Management District Plan, and Engineer's Report on August 1, 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 18th day of July, 2011. APPROVED AS TO FORM: 0 Joseph A. Straka Interim City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2011 -XXX Page 2 of 3 12A -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 12A -5 Resolution No. 2011 -XXX Page 3 of 3 12A -6 Cl) U-) 0 00 S yJ IS 3ldVW oLho w JOti _� AV SS3UdAO is Hsna is Hsne Ott. ■ , IS NlVV4 IS NIVW Is 380wvo11s IS 3HOWVOks F gsovivo)'s AVMGVOHS lkvmcvoue Cl) is HDWS IS HZ)Ule is Houll C: cu Q) CL ca 0 I—Z S_ 0 0 70 m 2>2 cu 0 can 70 C C: :3.0 0 C)_ o 2) 0- 0-0 2 m 0 E oe� MEMORANDUM City Council Meeting Date: July 18, 2011 Paul M. Walters To: Interim City Manager Date: June 16, 2011 Raul GodineV11,cutive Director From: Public Works Agency Subject: Notification that City Engineer is Reviewing Final Parcel Map No. 2006 -115 for Approval Pursuant to Section 34 -183 of the Santa Ana Municipal Code, this memo provides notice that the City Engineer has received Final Parcel Map No. 2006 -115 (City Parcel Map No. 2006 -01), for 1316 -1320 North King Street (Exhibit 1), from the owner, Chandrakant Patel, and is in the process of reviewing the map for final approval. The parcels of this map are zoned for residential use. The Tentative Parcel Map No. 2006 -01 was approved by the City Council on February 20, 2007. The City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of July 18, 2011. cc: Mayor and City Council City Manager Deputy City Manager for Development Services Clerk of the Council TADevelopment Services\ Subdivision\M emos \FinalParcelMap2D06- 115_Review Notice_07_05_11_AC.doc 17A -1 17A -2 17A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: July 1, 2011 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 19C -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2011 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence July 1, 2009 and prior Correspondence/ July 1. 2009 and prior Chronological Files Councilmember Self- explanatory Council Requests Mayor Inquiries processed for Mayor July 1.. 2009 and prior Wards 1 through 6 Inquiries processed for Councilmembers July 1. 2009 and prior Correspondence General Correspondence Self- explanatory July 1. 2009 and prior Staff Inquiries processed for Staff July 1. 2009 and prior Monthly Status City Manager Self- explanatory July 1. 2009 Reports and prior Payroll Records Council /Staff Self- explanatory July 1, 2009 and prior July 1; 2009 Travel Folders Council /Staff Self- explanatory and prior APPROVE: Paul M. Walters Date City Manager RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds 19C -4 CONSENT: C C Joseph Straka ate Interim City Attorn Mark Lawrence Date Assistant to the City Manager MEMORANDUM To: Laura Sheedy, Assistant City Attorney Date: May 24, 2011 City Attorney's Office From: Executive Director of Finance & Management Services Subject: REQUEST FOR DESTRUCTION OF RECORDS The Finance & Management Services Agency requests your consent to destroy city records relating to the Treasury Division on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. Francisco Gutierrez Attachments C: Christine C. Duarte, Treasury Division 19C -5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE FINANCE & MANAGEMENT SERVICES AGENCY — TREASURY DIVISION 2011 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES BANKS Daily Bank Balance Reports of daily banking activity. June 2008 Report and Prior Deposit Slips Treasury's copy of all City deposit slips sent to bank June 2008 and Prior Returned Checks Copies of customer checks returned by bank, letters sent to customers and other miscellaneous documents June 2008 and Prior Statements Statements relating o investment banking. g g� June 2008 and Prior Transfer Activity Records Documents pertaining to the wiring of funds to /from bank accounts June 2008 and Prior BUSINESS LICENSE TAX Monthly Register Reports Miscellaneous Business License Account Summary Information reports. June 2008 and Prior Deletion Records Deleted and /or cancelled accounts. June 2008 and Prior Gross Receipts & Business License Tax statements filed by business June 2008 Variable Assessments Statements operators. and Prior Miscellaneous Receipts Receipts for miscellaneous payments. June 2008 and Prior Original Applications Original business license tax applications. June 2008 and Prior Payment Records Statements relating to calculation and payment of June 2008 business license tax. and Prior Renewal Registration Records Statements relating to business owner information June 2008 and Prior Payments / Daily Cash Receipts Business License Tax payments received and processed via Treasury cashiers. June 2008 and Prior CHECKS Voided / Canceled Checks & Related Reports Checks voided /canceled; issued b the City; ty; includes Housing Authority, Workers Compensation, Payroll and Vendor; includes checks voided as a result of printer June 2006 and Prior Misalignment. 19C -6 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES CHECKS (cont.) Paid Paid checks issued by the City includes Housing Authority, Workers Compensafion, Payroll and Vendor checks. June 2006 and Prior Transmission of all checks issued by City to List of all City checks issued to allow bank to clear checks through account for Positive Pay purposes. June 2008 and Prior Bank. DOG LICENSES Original Applications Application for Dog License; Including Rabies Vaccination records. June 2008 and Prior Reports Daily payment information; unpostables; renewals; noncompliance; tag list; penalties June 2008 and Prior Payments / Daily Cash Receipts Dog License payments received and processed via Treasury Cashiers. June 2008 and Prior Cancellations Dog Licenses cancelled June 2008 and Prior HOTEL VISITORS TAX Filing Records Original Registration June 2008 and Prior Payment Records Monthly filings and remittances June 2008 and Prior WATER ACCOUNTS Applications for Service Original copies of applications for installation of new water service originated by Public Works June 2008 and Prior MUNICIPAL UTILITY ACCOUNTS Billing Register Reports Computerized reports detailing accounts billed & respective charges June 2008 and Prior Work Orders Investigations of water meter notices and meter exchanges June 2008 and Prior Customer files Miscellaneous information / correspondence regarding customer accounts June 2008 and Prior Deposit Reports List of Municipal Utility Service accounts that have a deposit June 2008 and Prior Payment Report Lists daily receipts processed via Treasury Cashiers to Municipal Utility Service accounts by account number June 2008 and Prior Payments Daily receipts processed to Municipal Utility accounts by Services account number June 2008 and Prior Municipal Utility Services Municipal Utility service Refunds requests and backup information June 2008 and Prior Aging Report Lists balances of all Municipal Utility Service accounts June 2008 and Prior PARAMEDIC Billing Payments Paramedic Billing payments received by Treasury June 2008 and Prior PARKING CITATIONS Collections Itemization of citation payments collected by contract service agency June 2008 and Prior 19C -7 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES PARKING CITATIONS Register Parking Citation Payments process by Treasury Staff June 2008 and Prior (cont.) Amounts Written -off Report List of parking citations written -off by DMV June 2008 and Prior Citations Referred to DMV Itemization of citations referred to DMV for collection June 2008 and Prior DMV Collections DMV parking citation Collections June 2008 and Prior REFUND REQUESTS Business Tax Office- Utility Users Tax; & Misc. Refund requests to Treasury Division; includes supporting documentation June 2008 and Prior Refunds TREASURY Daily Treasurer's Reports Report of daily revenues received with detail payment information and related working papers June 2008 and Prior Treasury Investment Activity Records All documents pertaining to Investment Activity June 2008 and Prior UTILITY USERS TAX (UUT) Exemption Applications Homeowners low income exemptions applications June 2008 and Prior Filing Records Original registrations June 2008 and Prior Maximum Tax Filings Annual registration and maximum tax payment records June 2008 and Prior Payment Records Monthly filings and remittances June 2008 and Prior PREPARED BY: Minerva H. Mancha Date Treasury Services Supervisor RECORDS DESTROYED: 45 Number of Boxes 19C -8 CONSENT BY: A Francisco Gutierrez Date Executive Director Finance & Management Services APPROVED BY: ��. —�`f ?_ate Joseph Straka /" Date Interim City Attorney REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: QUARTERLY REPORT OF CONTRACTS ENTERED INTO BY THE CITY MANAGER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Quarterly Report of Contracts entered into between October 1, 2010 and December 31, 2010 valued at $25,000 and less. DISCUSSION On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the Charter requires the City Manager to report to the City Council quarterly on the contracts entered into under his authority for informational purposes. The report is required to include the names of contractors and the amounts of each contract. Exhibit A is a listing of all purchase orders, agreements, and change notices entered into between October 1, 2010 and December 31, 2010 valued at amounts between $500 and $25,000. Unless included under a blanket contract, the City as a general rule does not purchase goods or services valued at under $500 through either a purchase order or an agreement. Purchase orders and service agreements valued at greater than $25,000 require approval by City Council. FISCAL IMPACT There is no fiscal impact associated with this action. 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U' } O w z H _J o J w U z m d Q 0 Q H 0 0 0 0 0 w N N N N N Q a) m O O O N N M M M N N N N N N Cl) 't Lo U') U') Lo to N N N 04 N 0 z O aw U) U 0 U Q 0 O CO W Z p LU p �� -OzU z O H Q ~ Q (L Z w C) z wm0g Z a Uc�Q� w � z > Y z J 0 Z M 0 L) co � OOO V I- O LO O I- Cl) N I- � O V Z —1 Cl) h O N (3 N O V W O N N31 f0 N O � r' Q c\I O b9 69 fA fR fA O ii } a ZUUu) aU V) M- L Q LL CL CL w 0 U ° o O N N N N - w Q G a z 21 L a00 U00 M Or �aamaa U O J U J (n 25 0 Q w F- z F- Q w } U 0 U J a co Z U` Z) W a > Q J �J a. U' } O w z H _J o J w U z m d Q 0 Q H 0 0 0 0 0 w N N N N N Q a) m O O O N N M M M N N N N N N Cl) 't Lo U') U') Lo to N N N 04 N 0 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: APPROPRIATION ADJUSTMENT FOR WORKFORCE INVESTMENT ACT CALIFORNIA NEW START GRANT 1 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 Approve an appropriation adjustment recognizing additional revenues in the amount of $45,566 from the State of California for Prison -to- Employment Program activities. DISCUSSION In 2007, the Public Safety and Offender Rehabilitation Services Act of 2007 (Act) was enacted to reform California's prison system by reducing prison overcrowding and improving the reintegration of parolees into local communities. Among its provisions, the Act required the California Department of Corrections and Rehabilitation (CDCR) to develop an Inmate Treatment and Prison -to- Employment Plan. CDCR developed a partnership with the California Workforce Investment Board and the Employment Development Department to utilize California's One -Stop system to enhance the employability of parolees. In December of 2010, the City of Santa Ana WORK Center was awarded $68,419 to provide job search activities and supportive services to parolees through December 31, 2011. In January of 2011, Council approved an appropriation adjustment recognizing the funds to serve approximately 25 participants. On May 24, 2011, the California Employment Development Department allocated an additional $45,566 to the Santa Ana WORK Center. This funding will serve approximately ten additional participants with job search activities and supportive services, and extend program operations through March 31, 2012. 20A -1 WIA California New Start Grant July 18, 2011 Page 2 FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the California New Start account (no. 12318759 - various). ulha'f I (�f' C'4 t jo � Nancy T. Eovards Interim Executive Director Community Development Agency NTE /LAO /cd /sv APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: CONTRACT AWARD TO G &K SERVICES FOR UNIFORM, MAT AND TOWEL SERVICE (SPEC. NO, 1 -1, 019) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to G &K Services, Inc. for uniform, mat and towel service for a three -year period with provision for one three -year renewal, in an annual amount not to exceed $43,000. DISCUSSION In accordance with the City's general employee Memorandum of Understanding, clean uniforms are provided to all employees who are required by the City to wear uniforms. Rented floor mats are provided at various locations, bath towels supplied in shower areas and dish towels at all fire stations. The rental service includes weekly laundering of uniforms, towels and dishtowels. The notice inviting proposals was advertised on April 8, 2011, and proposals were solicited. A summary of the Request for Proposals and proposals received is as follows: 6 Request for Proposals mailed 1 Request for Proposals mailed to Santa Ana vendor 4 Proposals received Proposals were solicited and opened on April 28, 2011 and evaluated. Nine key points were reviewed covering samples of shirts and pants provided for review, references, compliance or deviation from specification, cost and explanation of garment tracking process. The offer from G &K Services, Inc. is responsive to the specification and meets the City's requirements. To allow for unanticipated charges, an additional five percent contingency has been included in the award amount. 22B -1 Contract Award for Uniform, Mat and Towel Service July 5, 2011 Page two FISCAL IMPACT Funds are available in the various departments under Uniforms and Tools account (no. 63100). , Francisco Gutierrez Executive Director Finance and Management Services Agency KM G I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: CONTRACT RENEWALS FOR JANITORIAL SUPPLIES (SPEC. NO.08 -014) rt CITY MANAGER 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 RECOMMENDED ACTION Renew the contract with Kathco Products for janitorial supplies for a one -year period in a total annual amount not to exceed $45,000. DISCUSSION The Central Stores section located at the Corporate Yard provides janitorial supplies such as brooms and brushes, trashcans, cleansers, polishes, soaps and disinfectants as necessary to maintain the various City facilities. Currently, janitorial supplies are provided out of Central Stores for the Police Department and the Fire Stations. The contracted janitorial service for City Hall, the Corporate Yard, Parks & Recreation facilities, the Regional Transportation Center includes full service along with providing all cleaning supplies. The contracts for janitorial supplies are designed to provide quality products at a significant savings based on quantity pricing. On April 7, 2008, the City Council awarded contracts to three vendors for a two -year period, with provisions for two one -year renewals. The vendors have performed satisfactorily during the past contract period with Kathco Products the only vendor with a contract volume requiring Council approval. Kathco Products has requested an average five percent increase due to manufactures raw material adjustments and the rising cost of fuel. Staff verified the increase is consistent with the market for chemicals and petroleum based products and the vendor continues to offer a competitive price. Staff recommends the final renewal of the contract. The annual amount is based upon past usage. The contract for Kathco Products also is extended to their full line of products covering landscaping and tool supplies. FISCAL IMPACT Funds are available in the various departmental Operating Materials and Supplies accounts (63001). Francisco Gutierrez Executive Director Finance and Management Services Agency km 22C -1 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: CONTRACT RENEWAL WITH ISCO INDUSTRIES FOR HDPE FUSIBLE PIPE (SPEC. NO. 09-004) CITY WANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Renew the contract with ISCO Industries, LLC for HDPE fusible pipe for a one -year period in an annual amount not to exceed $35,000. DISCUSSION The Public Works Agency's Water Resources Division maintains a sanitary sewer system consisting of approximately 390 miles of pipelines and 8,500 manholes with approximately 45,000 sewer laterals in the sewer system. In 2001, a Sewer Service Fee was established to create a Sewer Lateral Replacement Program. The program allows City maintenance crews to replace deteriorated private sanitary sewer laterals that are within the public right of way with City owned main sewer lines. High Density Polyethylene (HDPE) fusible pipe is used to replace deteriorated sewer laterals to prevents future root intrusions, the primary reason for sewer lateral replacement On April 1, 2009, the City Council awarded a contract to ISCO Industries, LLC for a one -year period, with provisions for four one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract without an increase in pricing. Staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the Sanitary Sewer Service Improvements account (no. 05617640- 66220). Raul Godinez II Executive Director Public Works Agency KM APPROVED AS TO FUNDS AND ACCOUNTS: -,r Francisco Gutierrez Executive Director Finance & Management Services Agency 22D -1 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: CONTRACT RENEWALTO VULCAN MATERIALS CO. FOR ASPHALT CONCRETE MATERIALS (SPEC. NO.09 -029) CITY MANAGER 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 RECOMMENDED ACTION Renew the contract with Vulcan Materials Co. for the purchase of asphalt concrete materials for a one -year period in an annual amount not to exceed $45,000. DISCUSSION The Public Works Agency Water Resources Division performs a variety of maintenance and repairs on the City's water and sewer systems. Tasks include mainline leak repairs to the water main system, repairs or replacement of water services and sewer laterals. Trench cuts are required in order to perform repairs and temporary asphalt concrete mix is used to repair the trench cuts in asphalt concrete streets. Permanent asphalt concrete trench resurfacing is provided under a separate contract administered by the Public Works Agency Maintenance Services Division. On July 6, 2009, the City Council awarded a contract to Vulcan Materials Co., for a one -year period, with provisions for four one -year renewals. The vendor has performed satisfactorily during the past contract period and has agreed to renew the contract; however the vendor has requested a 13 percent increase for a firm 12 -month quote to cover the volatile pricing of petroleum product in the asphalt cold mix. Discussion has led to a new price structure based on three month periods for a fixed price quote with the option to requote per quarter with a price ceiling mark of 13 percent. Even with the requested rate increase, Vulcan Materials, a Santa Ana vendor, remains very competitive in their pricing. Staff recommends the second renewal of the contract. FISCAL IMPACT Funds are available in the various Public Work Agency departmental accounts (63001). The amount of the contract is estimated, as the actual expenditures will depend upon the requirements throughout the annual period. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II ` `- Francisco Gutierrez y Executive Director Executive Director Public Works Agency Finance & Management Services Agency km 22E -1 22E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: CONTRACT RENEWAL TO JFK TRANSPORTATION FOR TRANSPORTATION SERVICES FOR THE SENIOR CENTERS (SPEC. NO.-09-036) CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Renew the contract with JFK Transportation Company to provide transportation services for the Senior Centers for a one -year period in an annual amount not to exceed $40,000. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) provides a full scope of senior services, including health and fitness classes, volunteer opportunities, medical and legal consultations, and home delivered and on -site meal programs. Additionally, PRCSA arranges daily transportation services between Senior's homes and the City's Senior Centers including daily shopping trips and monthly excursions to local venues. The vehicles make approximately 2,000 round trips a month and are specially designed to accommodate individuals with disabilities. On July 6, 2009, the City Council awarded a contract to JFK Transportation Company for a one -year period, with provisions for four one -year renewals. JFK Transportation Company, a Santa Ana vendor, has performed satisfactorily during the past contract period; however the vendor has requested a five percent increase to cover the higher cost of fuel after holding their pricing for two years. Staff recommends the second renewal of the contract. The annual amount is based upon past usage and staff's projection for the next year. FISCAL IMPACT Funds are available in the Parks, Recreation & Community Services Recreation account (no. 01113230- 62300). All-e� L Gerardo Mouet Executive Director Parks, Rec. & Comm. Svcs. Agency km APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agencyjlr- 22F -1 22F -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: AGREEMENT WITH 911 VEHICLE FOR EMERGENCY LIGHTING AND COMMUNICATION EQUIPMENT l CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with 911 Vehicle for installation of emergency lighting and communications equipment for emergency vehicles in the amount of $30,000 annually. DISCUSSION 911 Vehicle provides installation and repair work for emergency response lighting and mobile communications equipment for fire department apparatus. The services are provided on an as needed basis. 911 Vehicle is an existing vendor with the City through a purchase order process. At the request of Purchasing, an agreement will better manage the services rendered and the payment process. FISCAL IMPACT Funds are available in the Fire Department's Fire Maintenance, Contract Services - Professional account (account no. 01115360- 62300), in the amount of $30,000. David Thomas Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: C` Francisco Gutierrez Executive Director Finance & Management Services Agency 25B -1 G I CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 1 st day of July, 2011 by and between 911 Vehicle, a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the installation and service of emergency lighting and communications equipment for emergency vehicles. B. Contractor has previously installed electronic and communications equipment in the City -owned emergency vehicles and represents that it is able and willing to continue to provide such service to City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional in the field of mobile communications installation. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide installation and removal of emergency lighting and communications equipment as set forth in Exhibit A to this agreement. Said installation and/or removal shall be provided on an as- needed basis, pursuant to a written quote, accepted by the Fire Chief or his designated representative. 1 25B -3 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in each accepted quote. The total sum to be expended under this Agreement shall not exceed $30,000 during the term of this agreement. b. Payment by City shall be made within thirty (30) days following receipt of a proper invoice evidencing work performed and accepted, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless earlier terminated in accordance with section 12, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 2 25B -4 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 3 25B -5 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 4 25B -6 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Fire Chief City of Santa Ana 1439 S. Broadway Santa Ana, California 92707 telefacsimile (714) 647 -5779 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Contractor: 911 Vehicle 2130 E. Winston Road Anaheim, California 92806 Teleacsimile (714)808 -0916 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. 5 25B -7 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 6 25B -8 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. 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. 25B -9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: MELISSA M. CROSTHWAITE Deputy City Attorney RECOMMENDED FOR APPROVAL DAVID THOMAS Fire Chief CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager 911 Vehicle Dan Walters President Tax ID# s 25B -10 25B -11 Exhibit "A" Santa Ana Fire 2011 -12 Shop Rate: $85.00 an Hour Material Cost Discount Rates Code 3: 20% off of list prices Whelen: 20% off of list prices Federal Signal: 20% off of list prices Kussmaul Electronics: 80/o off of list 911Vehicle Headset Products: SIG -5 Headset Coil Cord: $39.75 OTH -1011 Red Over the Head Headset: $255.00 Lqjtvehlcle 2130 E. Winston Road Anaheim, Ca. 92806 714- 808 -0911 FAX 714 - 808 -0916 www.911vehicle.com 9 25B -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: AGREEMENT WITH ECOMPLIANCE FOR INFORMATION TECHNOLOGY SERVICES FOR HAZARDOUS MATERIALS ELECTRONIC REPORTING PROJECT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an amendment to an agreement with eCompliance Incorporated, subject to non - substantive changes approved by the City Manager and City Attorney, in an amount not to exceed $30,000. DISCUSSION Assembly Bill 2286 requires that all Certified Unified Program Agencies (CUPAS) report hazardous materials business emergency plans electronically by January 1, 2013 to the State. Therefore, Santa Ana Fire Department as a Participating Agency (PA) must in turn report to the CUPA in the same manner. In an effort to comply the fire department requires informational technology services to interface electronic hazardous materials data collection to the County database. FISCAL IMPACT Funds are available in the Fire Department, Fire Prevention, Contract Services- Professional account (account no. 01115310 - 62300) for $10,000 and in Cal -EPA Certified Unified Program Agency Electronic Reporting Grant 2010 expenditure account (account no. 14615365-62300) for $20,000. APPROVED AS TO FUNDS AND ACCOUNTS: David Thomas Francisco Gutierrez Fire Chief Executive Director Fire Department Finance & Management Services Agency 25C -1 25C -2 eCompliance Services Agreement The following agreement was entered into this day, August 1, 2011 ( "Effective Date "), between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "Client ") and eCompliance, Inc., a California corporation ( "eCompliance "). RECITALS A. The parties entered into Agreement N- 2003 -051, dated May 9, 2003, (hereafter said "Agreement ") by which eCompliance has provided computer database services for the submittal of forms and data related to hazardous materials disclosures and Business Emergency Plans ( "BEP ") and Underground Storage Tanks ( "UST "), via the Internet. B. Client also uses eCompliance products and services for the management and maintenance of three (3) emergency response laptops that are synced with online databases via the Internet. These laptops provide emergency responders accurate and timely hazardous materials inventory information. C. Client now wishes to integrate its online application with that of the Orange County healthcare Agency ( "OCHCA "), to develop data synchrony routines between its online database and that of OCHCA, to continue to ad digital signature capability to its online submissions. D. eCompliance possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TECHNICAL, OPERATIONAL AND TRAINING SERVICES In consideration of the Fees for Services set forth in Attachment A and payable hereunder, eCompliance agrees to provide technical, operational and training services needed to implement the enhancements to the product, including but not limited to remote technical assistance and consultation to the Client staff and regulated facilities in Client's jurisdiction via telephone or email during the hours of 9:00 a.m. to 5:00 p.m. PST Monday through Friday excluding holidays. eCompliance shall.. • Migrate Clients existing online database to OCHCA • Develop Data Synchrony routines between OCHCA and Client databases • Implement digital signature capabilities to Client online application • Enhance existing UST and BEP Inspection management module 1 25C -3 • Manage and maintain three (3) emergency response laptops containing data synchronized with the online databases. 2. COMPENSATION TO ECOMPLIANCE Client shall pay eCompliance for services upon mutually agreed completion of the data synchronization project in the amount of $20,000. Maintenance costs thereafter shall be in the amount of $10,000 annually and shall include services in accordance with Attachment A and incorporated herein by reference. Prices will not increase for the first three years of service, ending July1, 2015, and, thereafter, price increases require thirty (30) days written notice. The total price increases for these services for the Product during the course of any year shall not exceed 5% of the prior year's price. 3. TERM The initial term ( "Initial Term ") of the Agreement shall be for four (4) years from Effective Date, August 1, 2011 through July 30, 2015 and may be extended thereafter for successive one (1) year terms. 4. TERMINIATION This Agreement may be terminated by Client at the end of the Initial Term or any successive Term by written notice no later than 30 days prior to the end of the term. S. CONFIDENTIALITY It is understood that during the course of the Agreement, eCompliance and its employees may be exposed to data and information which is confidential and proprietary to the Client. All such data and information (hereinafter "Client Confidential Information "), written or verbal, tangible or intangible, made available, discloses or otherwise made known to eCompliance and its employees as a result of Services under this Agreement shall be treated as confidential by eCompliance and shall be the sole property of Client. 6. WARRANTY and LIABILITY DISCLAIMER eCompliance makes no other representations or warranties of any kind, except as provided herein, nor are any such warranties to be implied with respect to the services furnished hereunder. eCompliance and /or its respective suppliers make no representations about suitability, reliability, availability, timeliness and accuracy of the information, software, and services contained in the Product for any purpose. eCompliance and /or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, and services, including all implied warranties and conditions of merchantability or fitness for a particular purpose. In no event shall eCompliance and /or its suppliers be liable for any indirect, punitive, 2 25C -4 incidental, special, consequential damages whatsoever Including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Product, with the delay or inability to use Product or related services, the provision of or failure to provide services, or for any information, software, and services obtained through the Product, or otherwise arising out of the use of the Product, whether bases on contract, tort, negligence, strict liability or otherwise, even if eCompliance or any of its suppliers has been advised of the possibility of damages. 7. MISCELLANEUOS This Agreement shall be governed by, and construed in accordance, with the laws of the State of California. This Agreement, together with any exhibits and /or appendices, attached hereto, contains the complete and exclusive understanding and agreement of the parties with respect to its subject matter and supersedes, merges and replaces prior writings, discussions, and understandings relating to such subject matter. This Agreement may only be amended by a written agreement duly executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date indicated below. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: Melissa Crosthwaite Deputy City Attorney APPROVED AS TO CONTENT: David Thomas Fire Chief 3 25C -5 CITY OF SANTA ANA Paul Walters Interim City Manager CONSULTANT: Bijan Fouladi President, eCompliance 25C -6 ATTACHMENT "A" eCompliance Service Agreement One time set up fee for the data synchronization project, due upon agreed upon completion $20,000 On- going Fees for Service Annual rate guaranteed through July 30, 2015 Includes: • Maintenance of Laptop configuration (3) • Support for all software components, third party to include Google Earth layers, Haztrakr, eCompliance.NET, PEAC and the Replicator. • Technical and operational support to the Fire Department for all hardware and software issues related to HAZMAP. $10,000 COMMERCIAL GENERAL LIABILITY INSURANCE SHALL REMAIN CURRENT AND PROVIDED TO THE CITY OF SANTA ANA UPON RENEWAL. CGL Insurance is requires when the Consultant will be performing services on City Property or receiving City grant funds. A $1,000,000.00 per occurrence policy is required. 4 25C -7 25C -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: AGREEMENT AMENDMENT WITH HYDROBLAST EXTERIOR CLEANING COMPANY FOR PAVEMENT CLEANING SERVICES AT THE CIVIC CENTER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Hydroblast Exterior Cleaning Company, LLC for the provision of pavement cleaning services in the Civic Center in the amount of $78,140 for a one -year term, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for pavement cleaning in the Civic Center. On May 7, 2007, the City Council approved a two -year agreement with Hydroblast, with provision for three one -year extensions. Hydroblast will maintain the high traffic hardscape areas within the Civic Center Authority boundaries, including but not limited to sidewalks, building entranceways, and the East Mall area. Hydroblast will remove stains, spills and other debris to provide a clean well maintained hardscape appearance in the Civic Center. The Parks, Recreation and Community Services Agency is satisfied with the quality of services being provided by Hydroblast and is requesting approval of the third and final one -year extension of this agreement. FISCAL IMPACT Funds are available in the Civic Center M &R Buildings and Grounds account (no. 07413250- 62320). ,,f& 4R,3;cta-,e Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25D -1 25D -2 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT TO AGREEMENT is entered into this 18`h day of July, 2011, by and between Hydroblast Exterior Cleaning Company, LLC ( "Contractor ") and the City of Santa Ana ( "City "). RECITALS: A. The parties entered into Agreement #A- 2007 -111 dated May 7, 2007, (hereinafter "said Agreement ") by which Contractor has provided pavement cleaning services for an initial two - year term, as amended, B. The City wishes to exercise its final option to extend the term for an additional one -year period upon the terms set forth below and to expand the scope of work. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except as previously amended, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, is amended to delete Exhibit A and replace it with a new Exhibit A, attached hereto and incorporated by reference. Should additional services be required, the Executive Director may authorize such services in writing. 2. Section 2, COMPENSATION, is amended to increase compensation by $67,010, to pay for services at the rates and charges set forth in Exhibit B, attached hereto, plus a contingency for unanticipated services. The total amount expended pursuant to this Fourth Amendment shall not exceed $78,140, during the 2011 -12 fiscal year. 3. Section 3, TERM, is amended to provide that the agreement shall be extended for an additional one -year period through June 30, 2012. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney 25D -3 CITY OF SANTA ANA PAUL M. WALTERS Acting City Manager HYDROBLAST EXTERIOR CLEANING COMPANY RODNEY WARD President 25D -4 EXHIBIT A CITY OF SANTA ANA CIVIC CENTER PAVEMENT CLEANING SERVICES SPECIFICATIONS 1. Scope of Work. The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation and supervision, except as specified herein, to manage and perform the pavement cleaning services as set forth herein. Completion Criteria: 1.1 All hardscape areas shall be cleaned (which may include high pressure washing), including but not limited to sidewalks, walkways, patios, boardwalks, quads, esplanades, terrazzo reflection pool north of the Orange County Courthouse, concrete drive entrance to the Main Library, Plaza of the Sun. 1.2 Hardscape areas shall be cleaned 100% free of all dirt, stains, gum, oil, tar, and residue to present a high quality appearance following each scheduled visit. 1.3 Accumulated water remaining after the cleaning shall be removed completely so no puddling exists. 1.4 Until dry, the areas, where practical, shall be barricaded, locked or otherwise isolated. 1.5 The Contractor shall clean all areas up to the entrance doors of each building. This includes, but is not limited to, steps, handicap ramps, side entrances, etc. 1.6 The Contractor shall also meet the criteria for cleaning as specified below. 2. Contaminated Water: 2.1 Only uncontaminated portable water may flow into surface drains. No cleaning agents or water contaminated from petroleum waste or any other hazardous waste may be allowed to flow into the surface drains. Contractor shall comply with all NPDES requirements regarding the containment of discharge into the storm drain system. 3. Frequency of Service 3.1 All areas covered by this contract shall be thoroughly cleaned a minimum of one (1) time per month. Exceptions to this are noted below: ;.1.1 Orange County Courthouse and Civil Courthouse grounds shall be cleaned one (1) time per week. 3.1.2 Orange County Hall of Administration grounds and the East Mall shall be cleaned one (1) time per week. 25D -5 3.1.3 Santa Ana City Hall grounds and patios shall be cleaned one (1) time every two weeks. 3.1.4 Civic Center Authority Area Mall East of Ross Street shall be cleaned one (1) time per week. 3.1.5 City Hall entrance from Ross Street and Santa Ana Library Entrance shall be cleaned every two weeks. 3.2 Specified hardscapes shall be thoroughly cleaned between the hours of 6:00 PM and 7:00 AM 4. Operating Criteria 4.1 All trash, debris, tar, freestanding oil, grease, liquids, "green waste," food, cigarette butts, stains, liquids, graffiti, blood, bird defecation, feces, vomit, broken glass, and other materials, substances, and contaminants shall be removed from hardscapes (i.e. sidewalks, walkways, patio, boardwalks, quads, esplanades) prior to cleaning operations. 4.2 The removal of materials, substances, and contaminants prior to cleaning operations may require the use of scrub brushes, sponges, mops, or other tools or utensils. All cleaning agents or residuals thereof, used in this process must be completely removed prior to beginning cleaning operations. 4.3 During regular cleaning operations, the contractor may use high pressure, low - volume washers, and steam cleaners as necessary to thoroughly clean surfaces. Contractor is not expected to steam clean all surfaces during regular cleaning operations, but shall use a steam cleaner to clean sections of hardscapes when pressure washers are not sufficient to thoroughly wash surface. 4.4 Hardscapes shall receive a thorough cleaning according to approved Contractor's schedule. 4.5 At the beginning of cleaning operations, the Contractor shall strategically place approved signage at appropriate locations to identify to patrons that cleaning is taking place and that the walkways may be slippery. At all times Contractor shall safe guard the public from conditions made unsafe by the Contractor's operations. 4.6 During cleaning operations should the Contractor notice a hazardous condition he shall make the area safe by barricading the area and notifying the Executive Director's representative immediately. It shall be the City's responsibility to remedy the unsafe condition unless the Contractor created the condition. 4.7 In the event of hazards originating after or between cleaning frequencies, the Contractor may be requested to respond to the site and remove the hazard. Such requests shall be paid under Additional Work. 4.8 The nozzle pressure of equipment shall not be so great so as to dislodge tile /paver grout or cause damage to hardscapes. 4.9 If the nozzle pressure of equipment used to loosen and clean hardscapes is insufficient to thoroughly wash the surface, scrub brushes and cleaners may be require to remove the materials and produce a thoroughly clean surface. 4.10 All cleaned surfaces shall be rinsed clean and no fine grit or grime shall be Allowed to remain. 4.11 Glass surfaces, which may get wet as a result of cleaning operations, shall be hand -dried immediately after the conclusion of the operation in the immediate area. 4.12 Immediately following the cleaning of the hardscape areas, all materials generated by the operation shall be collected and placed in Contractor's trash containers or otherwise removed from the site. 4.13 All areas barricaded while drying shall be opened by Contractor and made available for use when the area(s) are completely dry. Personnel 5.1 Project Foreman. Unless the Contractor is available as required herein, the Contractor shall provide a Project Foreman to be available during the normal hours of operation to act with full authority for the Contractor. This individual shall be responsible for the supervision, overall administration, and coordination of all required services. The Contractor shall provide the name(s) and telephone(s) of the Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of the Project Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. The Project Foreman shall return all calls from the Director within two hours. 5.2 Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act for the Project Foreman with the same authority during absences of the Project Foreman (e.g., vacation and sick leave). The Contractor shall provide the name(s) and telephone number(s) of the Alternate Project Foreman(s) within two weeks after contract award date. The Contractor shall provide written notice to the Director in advance of any change of Alternate Project Foreman. The Alternate Project Foreman shall be able to understand, speak, read, and write the English language as is necessary for the fulfillment of the terms of the Agreement. 5.3 Other Personnel Requirements 5.3.1 Legal Residents. The Contractor shall provide only those personnel who are legally entitled to work in the United States to accomplish work and services specified herein. 5.3.2 English Comprehension. All Contractor personnel working on the project shall read and understand the English language to the extent necessary to read and 25D -7 understand operation, safety, health, and security regulations relating to the performance of this Agreement, including the following: a. Any necessary instructions concerning equipment to the extent that performing the employee's duties requires the employee to operate, maintain, repair, or in some way interact with the equipment. b. Any regulations, directives, or policies that he must know in order to accomplish the work on the project as a Contractor employee. 5.4 Contractor Employee Skills Required. The Contractor's employees performing the services required by this Agreement shall have specialized training, prior work experience, or the demonstrated technical skills to fulfill the specific requirements of these Specifications and the Agreement. 5.5 Employee Physical Capabilities. There shall be no discrimination against employees on the basis of handicap or other physically disabling conditions. Contractor shall obey all State and Federal laws concerning the disabled. 5.6 Standards of Conduct for Contractor Personnel. The Contractor shall be responsible for maintaining satisfactory standards of employee competency and conduct and for taking disciplinary action against his employees as necessary. No Contractor employee under the influence of alcohol, drugs, or any other incapacitating agent shall be allowed on the jobsite. The removal from the job site of a Contractor employee shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the work specified in the contract. 5.7 Uniforms. All Contractor personnel shall wear uniforms that are clean and neat and free of wrinkles, tears, holes, frayed edges, spots, stains, body odor, and logos or graphics other than company identification patches. All uniforms should identify the name of the Contractor. Uniforms shall be clearly distinguishable from City employee uniforms. 5.8 Director's Authority. The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule, not involving extra cost. When the performance of the work or completion per schedule is determined to be sub - standard, he may (1) recommend that all or a portion of payment be withheld, and /or forfeiture for delay be assessed; and /or (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 5.9 Vehicle Passes. The Contractor personnel shall obtain vehicle passes from the County of Orange Parking Administrator, Public Facilities & Resources Department. 5.10 Security of Contractor Owned Property. The Contractor shall be responsible for the security of Contractor Owned Property. U, 25D -10 oil 0 77, YX N:�r I I O'NOOMM, I I 07-072011 726 W. Angus .Ave. Unit G Orange, CA 92868 HydroBlast The Exterior Cleaning Co. Tel. (714)639 -8518 Fax (714)639 -8595 To: Kevin Fax: 714 -571 -4209 07 -11 thru 07 -12 agreement usage Area Times per year Front & rear court house 52 Mall Ross to Broadway 52 Entrance to city hall & Ross 26 Entrance library 26 Building 36 court house 12 City counsel & pit area 26 Reflection pond 12 Yearly total Thank you, Steve Cell (714) 381 -1922 Fax Iron 25D -12 2 pages total j Yearly amount 21,320.00 20,020.00 8,450.00 4,810.00 1,980.00 8,450.00 1,980.00 67,010.00 07i8IIi11 12:62 py: 1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT AMENDMENT WITH ❑ As Recommended DECKSIDE POOL SERVICE FOR El Amended El O Or rdinance on 1St Reading FOUNTAIN MAINTENANCE SERVICES IN ❑ Ordinance on 2nd Reading THE CIVIC CENTER ❑ Implementing Resolution ❑ Set Public Hearing For_ i CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Deckside Pool Service to provide fountain maintenance services, in an amount not to exceed $19,620 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) is responsible for the maintenance of five fountains in the downtown Civic Center, including the Plaza of the Sun, Plaza of the Fountains, and Sasscer Park fountains. The Community Development Agency is responsible for the maintenance of the downtown 2nd Street Mall fountain. Maintenance includes vacuuming and cleaning of aquatic facilities, checking pump motors and sand filters to assure they are properly operating, and monitoring aquatic chemical levels to assure safe and healthy water conditions. This agreement amendment is for a four month period in an amount not to exceed $19,620. During this four months, PRCSA will be preparing and issuing a request for proposals for a pool and fountain maintenance company. The new specification will require the pool maintenance company to operate the automated chemical control systems that are in place in the Civic Center. This maintenance service is part of the Civic Center authority budget. FISCAL IMPACT Funds are available in the Civic Center Other Contract Services account (no. 07413250 62320), and the Community Development Agency's Downtown Maintenance account (no. 40718842 62300). 25E -1 Deckside Agreement July 18, 2011 Page 2 -C4- Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Nancy Edy4rds Interim Exbibutive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25E -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 18, 2011, by and between Deckside Pool Service, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS: A. The parties entered into that certain Agreement A- 2010 -131, dated July 19, 2010, (hereinafter "said Agreement ") by which Contractor has provided fountain cleaning and maintenance services. B. In accordance with the terms and conditions of said Agreement, the parties wish extend the term for an additional four month 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. Contractor shall continue to provide pool /fountain cleaning and maintenance services in compliance with Exhibit A, attached to said Agreement. 2. Section 2.a., COMPENSATION, shall be amended to increase compensation by $19,620, to provide service during the extended term of said Agreement. 3. Section 3, TERM, shall be amended to extend the term for an additional four month period, through October 31, 2011. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: By: Laura Sheedy Assistant City Attorney PAUL M. WALTERS Acting City Manager DECKSIDE POOL SERVICE, INC. (NAME) (Title) 25E -3 25E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE AMENDMENT TO AGREEMENT WITH VERIZON WIRELESS DATA SERVICES FOR WIRELESS DATA SERVICES AND EQUIPMENT 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 the Clerk of the Council to execute an amendment to the Participating Addendum with Verizon Wireless Data Services under the California Wireless Contract Master Agreement for Wireless Data Communications Services and Equipment, extending the term up to an additional 18 months, through March 30, 2013, and increasing compensation by $115,000, for a total not to exceed amount of $265,000. DISCUSSION The Police Department and other technology supporting units currently employ wireless data communications to link officers in the field with computerized systems. These systems allow officers to obtain critical information faster and in visual format which greatly assists them in the performance of their duties. The wireless links also enable field -based officers to submit reports and other administrative documentation without leaving the field. This is an officer safety tool and facilitates the productivity of patrol /policing activities. The Fire Department has requested a change from another vendor to the use of Verizon Wireless Data Services to support wireless data communications for its vehicles in direct support of emergency services. Additional requests for wireless data communications have been made or are in the planning stages for support of mobile computing systems for the City Council, City Manager's Office, Executive Directors and select managers and field personnel. In order to support the additional requests for wireless data communication services, the current participating addendum with Verizon Wireless Data Services under a Master Agreement with the California Wireless Contract (CWC) and its replacement agreement through the Western States Contracting Alliance (WSCA) must be amended. The State is currently negotiating with Verizon to extend the term of the Master Agreement. Staff recommends that the term of the City's Participating Agreement be modified to match the agreed term of the California Wireless Contract 25F -1 Amendment to Agreement with Verizon Wireless Data Services July 18, 2011 Page 2 and /or the WSCA contract for Wireless Communication & Equipment. In addition to the extension of the term, the increased usage of services necessitates the total compensation be increased by $115,000, bringing the maximum total not to exceed compensation to $265,000. The City may terminate at any time, without penalty, with 30 days notice. FISCAL IMPACT Funds are budgeted and are available in the FY11 -12 Communication Services account for contractual services (account no. 10210140- 62010). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F -2 Amendment to Agreement between Verizon Wireless and the City of Santa Ana for Wireless Services THIS AMENDMENT TO AGREEMENT, made and entered into this 18th day of July, 2011, by and between Cellco Partnership dba Verizon Wireless, a Delaware general partnership (hereinafter "Verizon "), 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 ") Reference: The State of California Wireless Contract, hereafter referred to as CWC, contract number: 1S- 05-58-02. The City of Santa Ana, California, hereafter referred to as the City. RECITALS A. Verizon and the State of California entered into that Wireless Services Contract 1 S -05- 58-02, (Link: http:// www. bidsync .com /DPX ?ac= agencycontview &contid= 3699), referred to as the California Wireless Contract (hereinafter "CWC') by which Verizon has offered wireless data services for the State and for participating local agencies; and B. The initial term of the CWC expired and the State of California entered into a Western States Contracting Alliance (WSCA) Participating Addendum to replace the CWC which permits state and local agencies to engage in cooperative purchasing, similar to what they did under the CWC; and C. Verizon and the State are currently negotiating an extension of the Master Agreement under either CWC or WSCA; and D. Verizon has provided wireless data services to the City, on the terms and conditions set forth in the CWC; and E. Additional City departments have requested wireless data communications accounts to support mobile computing systems within the City. F. City has determined that Verizon continues to be the provider that best meets its wireless data requirements and the rates set forth in the CWC/WSCA are the most competitive rates available to the City. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. Scope of Services Verizon Wireless will provide to the City wireless data communications services and equipment, including broadband wireless access and wireless voice with text and data services. 25F -3 Said services shall be provided on the terms and conditions of the CWC including the scope, equipment, services, and pricing, subject to the following clarification. The CWC was not extended by the State, but the State did execute a new WSCA Participating Addendum to replace it, which allows local agencies, such the City, to continue to place orders for new lines of service under CWC pricing. If the State and Verizon Wireless enter into any extensions of the dates in the CWC, the City will be able to take advantage of such extensions. In the absence of such extension, the City must transition to another eligible contract vehicle, such as WSCA, as of September 30, 2011. 2. Term The term of this Agreement shall continue through March 30, 2013. The parties may mutually agree to an extension of this Agreement, provided such extension is in a writing signed by both parties. 3. Compensation Pricing plans will continue as established by Verizon Wireless under the CWC and as subscribed to by the City. Total payments by the City shall not exceed $265,000 during the term of this Agreement; provided, however, City agrees that it is obligated to pay for any goods and services it orders and receives, and if City desires to order goods and services in excess of the amount authorized by this Agreement, the parties shall enter into an amendment to this Agreement to cover such additional expenditure. 4. Contact H H H H The contact for the City of Santa Ana is: Tom Gergen Finance and Management Services Information Services Division 20 Civic Center Plaza (M -12) Santa Ana, CA 92701 Fax 714 - 647 -5406 e -mail: tgergen(a)-santa- ana.orq 25F -4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Acting City Manager CELLCO PARTNERSHIP DBA VERIZON WIRELESS Todd Loccisano Executive Director, Contracts Tax ID # 25F -5 Enterprise & Govt 25F -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: AMENDMENT TO AGREEMENT WITH HOUSTON - HARRIS PCS, INC. FOR VIDEO SEWER INSPECTION SERVICES / J t CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council t o the agreement with Houston - Harris PCS Inc., subject City Manager and City Attorney, to provide television amount not to exceed $300,000. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended El As Amended • Ordinance on 1s' Reading • Ordinance on 2nd Reading El implementing Resolution El Set Public Hearing For CONTINUED TO FILE NUMBER execute the attached second amendment to to nonsubstantive changes approved by the inspection of sanitary sewers services, in an The City of Santa Ana owns and maintains a sanitary sewer collection system consisting of 390 miles of pipelines and 7,600 manholes. Closed circuit television (CCTV) technology is utilized to assess the condition of sewer mains and identify system deficiencies. The City has historically utilized consulting firms to provide CCTV inspection services. The proposed contract for sewer CCTV inspection will provide for inspection of approximately 71 miles of pipeline (18 percent of the system). The project budget is set at $300,000. In 2009 Requests for Proposals for CCTV inspection services were sent and five proposals were received and evaluated. Houston - Harris PCS, Inc. was selected as the top -rated firm. On September 7, 2009, the Council awarded an agreement to Houston - Harris PCS, Inc. for a one -year term, with provision for three one -year renewals. Houston Harris PCS, Inc. has performed all contractual services satisfactorily and has agreed to renew the agreement without increasing prices. Staff recommends that the current agreement with Houston - Harris PCS, Inc. be extended for an additional one -year term. This is the second of three possible one -year renewals. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25G -1 Amendment to Agreement with Houston - Harris PCS, Inc. for Video Sewer Inspection Services July 18, 2011 Page 2 FISCAL IMPACT Funds are available in the Sanitary Sewer Service Fund (account no. 05617640- 62300). Raul Godinez II Executive Director' Public Works Agency RG /RB Exhibit: Second Amendment to Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 18, 2011, by and between Houston - Harris PCS, Inc., a California 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 A- 2009 -141, dated September 8, 2009, (hereinafter "said Agreement ") by which Consultant has provided sanitary sewer inspection and cleaning services. B. The parties executed an Amendment to said Agreement, dated July 5, 2010, to extend the term and add compensation for the extended term. C. In accordance with the terms and conditions of said Agreement, the parties wish to again extend the term for an additional one -year period and provide compensation to pay for services during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 3, COMPENSATION, shall be amended to increase compensation $300,000 to pay for sanitary sewer inspection and cleaning services, at the rates set forth in Exhibit A to said Agreement, during FY 2011 -12. 2. Section 4, TERM, shall be amended to extend the term for an additional one -year period, through June 30, 2012. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager HOUSTON - HARRIS PCS, INC. PAMELA D. HOUSTON President 25G -3 25G -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: AGREEMENT FOR ANIMAL SHELTER SERVICES WITH THE COUNTY OF ORANGE 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 Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the County of Orange to provide animal care shelter services. DISCUSSION On January 6, 2003, the Council approved actions for the City's transition of operating its own shelter to the County of Orange Animal Shelter as a contracted service. At that time, City staff evaluated several options to provide animal care shelter services. It was determined that contracting with the Orange County Shelter was the most cost effective means of providing quality service to the City. The provisional contract amount for FY 2011 -2012 is $903,470, which is a %34 increase in estimated cost. The %34 increase is a projection based on the counties estimate of our utilization of their services for the next physical year and not actual cost. The total actual payments to the County of Orange will be based on actual usage of the services. We have evaluated other shelters throughout the county and the county is the only one that can provide the service based on our utilization capacity The County of Orange Animal Shelter has performed satisfactorily and staff recommends approval of the agreement. FISCAL IMPACT Funds are available in the Police Department's Animal Services, Other Contractual Services account (account no. 01114420 62300). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: ANC,Mr,% `Z-1 ?I . 11 Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency %f 25H -1 25H -2 1�XHIBIT B TO AGREF- Ml�N 'I' 1'OR PROVISION OF OC ANIti1.1L. CARL; SIRVICIS AVk V HII CITY 01: SAN"I A ANA OA July 1, 2011 I'1IROUGH June 30, 2012 ANIMAL CARE, NOTICE OF INTENT This Animal Care Notice of' Intent spccllies .Anima( Care Services to be provided to CITY by COUNTY" fur the Period: July I, 2011 till ,ugh June 10. 2012, COON I Y aLices to provide to the City of SANTA ANA the tollowing Animal (',,re Services beginning Jule 1, 2011: Animal Care Shelter Services Artimal Impound Services The total estimated cost for Animal Care 5enices specified above is 5903,470. %J This is a new Animal Care Notice of Intent fur the Period indicated above. U This is an Amendment to an eyisting .Animal Care Notice of Intent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice of, Intent: I o the best of rrty knowledge, this notice specifies the \nimal Cart Services to be provided by COUNTY Citv of SAN "l A ANA ReprVsentative and 'I�itle Date AS To pMM TERESA. L, b OC Animal Care Director 25H -3 Date 25H -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: RENEW AGREEMENT WITH CIVIC COLLECTIONS, INC. FOR ANIMAL LICENSE FEE COLLECTION PROGRAM CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended El Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Civic Collections, Inc. not to exceed the amount of $100,000 for an additional one year term. DISCUSSION Civic Collections, Inc.(CCI) is the city's collection agency for delinquent dog license fees, penalties, and new dog license fees. Under the terms of the agreement, CCI is compensated in the amount of fifty percent for each dog license fee collected, fifty cents for each new dog license sold, and fifty cents for each rabies vaccination certificate issued. CCI is projected to generate $120,000 for the city during the fiscal year based on current estimates. Staff recommends the renewal of this agreement as CCI has performed satisfactorily during the previous agreement period. FISCAL IMPACT Approval of the recommended action will enhance the Dog License revenue account (account no. 01114002- 51003) as funds are received. Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 251 -1 251 -2 FOURTH AMENDMENT TO AGREEMENT THIS FOURTH AMENDMENT "f0 AGREEMENT is entered into on this ;9j day of Eby by and between Civic Collections, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation of the State of California (`'City'). Recitals: A. The parties entered into Agreement #N -2008 -141, dated October 15, 2008, (hereinafter "said Agreement") by which Contractor has provided dog license fee collection services. f3. i he parties entered into uae 1-irst Amendment to Agreement, #A -2008 -292, dated November 17. 2008, in order to adjust the compensation of said Agreement. C. The parties entered into the Second Amendment to Agreement, #A- 2000 -963, dated June 1. 2009, in order to adjust the compensation and extend the term of said Agr •enaent. D. The parties entered in the 'fliird Amendment to Agreement, #A2010-117, dated July 6, 2010, in order to extend the term of said Agreement. E. In accordance with the terns and conditions of said Agreement, the parties wish to extend the term of said Agreement and adjust the compensation to pay for services during the extended term. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement. except those amended in this Fourth r%niendinent to Agreement, the parties agree as follows: !!J Section 3. `('ER19, shall be amended to extend the term for an additio•ial one -year period. from July 1, 2011, through June 30. 2012. Section ?_ C{1�11'I- NS��`11��V' ai�,lt h� ;1111 "•Il ed to reflect "11-it tlae maxinatnn compensation shall not exceed $100,000.00 to pay for dog license fee collection seiTices durinL, the extended term. Except as hereinabove amended. all terms and conditions of said Agreement shall remain in full force and effect. 251 -3 0044 )00 IN \N'I'I'NESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. IIIJIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLI TCHER, City Attorney SA L. JU Assistant Cite Althlimy 251 -4 CITY OF SANTA ANA DAVID N. REAM City Manager CIVIC COLLECTIONS, INC. DOUG; SI Owner f` EXHIBIT A Scope of Services Program Description Consultant shall collect delinquent dog license fees and penalties, and license fees for new dogs. Consultant will canvass the City of Santa Ana and will collect dog license fees at the dog owner's door. Consultant will encourage the dog owners to pay by check. All checks will be made out to the City of Santa Ana. Consultant will collect dog license fees at rabies clinics if requested by the City. Consultant will verify rabies certificates. Consultant shall hire, train and supervise its employees who will perform services pursuant to this Agreerent. Consultant shall provide uniforms and I.D. cards for its employees working on the dog license fee collection project. • Consultant shall submit daily remittance reports to the City. • Consultant will account for receipt books utilized by its collection employees. At the end of each day, Consultant will receive all fees collected by its employees. "These fees will be deposited each day in an assigned City deposit drop box. • Consultant's employees will keep a daily log sheet to monitor fees collected. City's Responsibilities • City will provide a listing of homes that have delinquent dog licenses. • Monthly, City's Finance department will prepare a collections report. This report will include money collected and number of licenses purchased, as reported by Consultant, and will be utilized to determine amount of compensation to be paid to Contractor as described in Section 2 of the Consultant Agreement 251 -5 251 -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: AGREEMENT WITH FATPOT TECHNOLOGIES FOR REGIONAL INTEROPERABILITY �Lk 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 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Fatpot Technologies, subject to non - substantive changes approved by the City Manager and City Attorney, in a fiscal year amount not to exceed $192,000. DISCUSSION In August 2009, through Resolution 2009 -042, City Council accepted the 2009 Urban Area Security Initiative grant. Projects within the grant have been identified to enhance Interoperable Communications. The Fatpot project is a regional effort to provide bi- directional interfaces between the six fire communications centers in Orange County. This will allow for Computer Aided Dispatch (CAD) to CAD communications rather than land line inquiries and requests for mutual and automatic aid. The Santa Ana Fire Department is the project lead agency. FISCAL IMPACT Funding is identified and budgeted through the 2009 Urban Area Security Initiative grant (acct no. 12514407- 62300 - 10426901182- 3495). �f �J l David Thomas Fire Chief Fire Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25J -1 25J -2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 1 st day of August, 2011 by and between FATPOT Technologies, LLC a Utah corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Information technologies, to build bi- directional interfaces between countywide communication centers thereby completing the regional interoperability project. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide bi- directional interfaces for Computer Aided Dispatch (CAD) data between Santa Ana, Brea, Costa Mesa, Laguna Beach, Metronet (Anaheim), Orange County Fire Authority (OCFA) Communication Centers and link these into existing Peer- IntelligenceTM installations in place from the regional Automatic Vehicle Locator (AVL) project. The overall scope of work and installation schedule is set forth in Exhibit A. In the case that each jurisdiction stated above incurs additional costs related to the FATPOT migration as it relates to interface design, hardware, or additional software that are in excess to Exhibit A Tentative Schedule, each jurisdiction will incur those costs separately and under separate agreement. I 25J -3 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for each completed milestone, the rates and charges as identified Exhibit A. The total sum to be expended under this Agreement shall not exceed $192,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of a proper invoice evidencing work performed and accepted, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 13, 2012 unless terminated earlier in accordance with Section 13, below. 4. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work products arising from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City and Consultant. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 2 25J -4 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 insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. 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. 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. d. 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. 3 25J -5 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 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. 4 25J -6 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Fire Chief and City of Santa Ana 1439 S. Broadway Santa Ana, California 92707 telefacsimile (714) 647 -5779 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: FATPOT Technologies Brian Taylor Chief Executive Officer 655 E. Medical Drive, Suite 100 Bountiful, Utah 84010 Teleacsimile (801) 397 -3973 5 25J -7 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 6 25J -8 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 City 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. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 7 25J -9 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 STRAKA Interim City Attorney By: MELISSA M. CROSTHWAITE Deputy City Attorney Additional signatures below. CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager FATPOT TECHNOLOGIES Erik B. Cooley Chief Operating Officer 8 25J -10 Tax ID# 26- 0224200 RECOMMENDED FOR APPROVAL DAVID THOMAS Fire Chief City of Santa Ana WOLFGANG KNABE Fire Chief City of Brea KEITH RICHTER Fire Chief Orange County Fire Authority KRIS HEAD Fire Chief City of Laguna Beach 9 25J -11 RANDY R. BRUEGMAN Fire Chief City of Anaheim KIRK DOMINIC Fire Chief City of Costa Mesa 25J -12 C,E Co O Exhibit A FATPOT TECHNOLOGIES Orange County Regional CAD Interoperability Project Statement of Work May 25, 2011 FATPOT k �' TECHNOLOGIES 25J -13 GE c() G 6 . =•t -.a ���C y �i Project Scope: O' F FATPOT TECHNOLOGIES This project is a migration from the Keystone CAD2CAD message switch to the FATPOT CADfusion product. This migration will allow for a central interface for all current and future county wide projects as well as allow all participating agencies to operate in the CAD2CAD environment. The project addresses several gaps in the Keystone message switch. These gaps were identified in the county wide AVL project. During the AVL implementation process, it was discovered that the FATPOT CADfusion product does not require a custom or one -off interface for each CAD implementation in the county. The Keystone message switch forces each CAD to write a custom interface to the message switch. This forces each agency to utilize a non standard CAD interface. The project addresses the Costa Mesa CAD issue where the Motorola CAD is written to version 1.0 of the message switch. This version of the switch only supports a single or direct connection to MetroNet. Costa Mesa is currently not part of the overall CAD2CAD infrastructure since they can only communicate to MetroNet and not any other agencies via the message switch. The issue of custom or one off interfaces for each agency is addressed and subsequently corrects the Costa Mesa issue, allowing the entire county to participate in the CAD2CAD infrastructure. The project will have a regional impact by creating a single central interface for not just CAD2CAD, but for other projects, such as the ePCR project hosted by OC Health as well as a possible county wide MUM project. The FATPOT product will also support future projects such as a county wide RMS2RMS project. Scope of Work: FATPOT Technologies will provide Bi- Directional interfaces for CAD data to Brea, Costa Mesa, Laguna Beach, Metronet, Orange County Fire (OCFA), and Santa Ana Fire and link these into existing CADfusion TM installations already in place from the Regional AVL Project. The interfaces to Brea, Laguna Beach, Metronet, and Santa Ana are already in place from existing work. FATPOT will migrate these interfaces to a CADfusion TM Server at the Metronet dispatch center and then build out interfaces to Costa Mesa and OCFA. In addition to software licensing, FATPOT will provide professional services in the form of: • Project Management • On -Site Meeting and Coordination • Installation and Configuration of Software • Testing and Documentation of the overall system K 25J -14 GE Co Op mow' y FATPOT TECIINOLOGIES This work can be broken down into the following finite steps: 1. Project Kickoff 2. Schedule Intergraph InterCAD deployment for Brea 3. Confirm final system design with County agencies 4. Confirm that Brea T -1 to Metronet is ready and provisioned 5. Prep Metronet FATPOT Server 6. Migrate Laguna Beach CADfusion Server to Metronet (Currently at OCFA) 7. Bring up Brea test environment 8. System tests between Brea and Metronet 9. Migrate Brea Live 10. Establish SOP for common code set maintenance 11. Convert to model where Metronet codes are Metronet specific and now mapped to new COMMON code set 12. Migrate Santa Ana CADfusion to Metronet 13. Migrate Laguna Beach from Keystone Interface back to standard InterCAD on CADfusion 14. Establish Test link to Orange County Fire Authority 15. Migrate Orange County Fire Authority to CADfusion 16. Establish Test link to Costa Mesa 17. Migrate Costa Mesa to CADfusion Based on this breakdown, the project can be broken down into 8 milestones: 1. Project Kick Off / Approved Statement of Work 2. Integrate Brea into the Regional CAD2CAD (price point $4,000) 3. Establish basic project structure and documentation (price point $10,000) 4. Migrate Laguna Beach and SA onto the Metronet Server (price point $1,000) 5. Migrate OCFA onto the Metronet Server (price point $33,000) 6. Migrate Costa Mesa onto the Metronet Server (price point $33,000) 7. Convert central management of CAD Sharing from Keystone to CADfusion TM 8. Final Acceptance and Maintenance activation (price point $32,000) Maintenance included in this SOW: Annual maintenance fee Calendar year 2011 —12 included in first year Annual maintenance fee Calendar year 2012 —13 prepaid Annual maintenance fee Calendar year 2013 —14 prepaid Maintenance not included in this SOW: Annual maintenance fee fiscal year 2014- 2015 and beyond. 3 25J -15 ryE CO FATPOT TECIINOLOGIES This fee will be the responsibility of each agency at a cost sharing price of 2,667.00 per the six participating agency per annual renewal. The cost sharing strategy is predicated on six participating agencies. In the event that any one agency discontinues participation, the remaining agencies shall be responsible for the cost share balance. FATPOT Technologies reserves the right to increase maintenance costs after fiscal year 2014 -15 at a rate of 5% annually. 4 25J -16 GE BOG O :`•v �p Tentative Schedule FATPOT .�' TECHNOLOGIES What Who Start End Coordinate with Brea, Metronet, and Metronet 5/2/2011 5/3/2011 Intergraph Brea Intergraph Configure and Test Brea InterCAD Metronet 5/4/2011 5/10/2011 Brea Intergraph Establish SOP for Code Management ALL 5/11/2011 6/17/2011 Establish full project roll out Migrate Santa Ana CADfusion to Santa Ana 6/18/2011 6/22/2011 MetroNet Server Metronet Convert Laguna to standard Intergraph Laguna Beach 6/23/2011 6/27/2011 CAD Interface Metronet Migrate OCFA from Keystone to OCFA 6/28/2011 7/8/2011 CADfusion Metronet Migrate Costa Mesa from Keystone to Costa Mesa 7/9/2011 7/22/2011 CADfusion Metronet Migrate Keystone to NIEM Interface ALL 7/23/2011 8/5/2011 Transition central message handling from Keystone to CADfusion Final Acceptance Testin ALL 8/6/2011 8/12/2011 25J -17 25J -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: AMENDMENT TO AGREEMENT FOR JANITORIAL SERVICE 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 the Clerk of the Council to execute the attached amendment to the agreement with Pacific Building Care, Inc. for janitorial services at the Depot at Santa Ana in an annual amount not to exceed $160,000 for a one -year term. Additionally, include janitorial services at the Santa Ana Main Library, Newhope Learning Center, Santa Ana PAAL (Police Athletic & Activity League) program facility and 13 park centers in an annual amount not to exceed $200,000 for a one -year term. Action subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the CityManager and the Clerk of the Council to execute the attached amendment to the agreement with Bell Building Maintenance Company for janitorial services at Santa Ana City Hall, Ross Annex, and Corporate Yard in an amount not to exceed $248,000 for a one - year term. Action subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance & Management Services Agency Building Maintenance Division oversees City facilities in order to maintain clean, safe, and properly functioning buildings utilized by City employees and the public. Currently, janitorial service for the Depot, the libraries and park centers is provided through a janitorial service contract. City Hall, the Ross Annex and the Corporate Yard are serviced through a combination of City staff and a janitorial service contract. Specifically, the City provides one full -time custodian and five part -time janitors to compliment the contracted service. On August 3, 2009, the City Council authorized agreements to Pacific Building Care and Bell Building Maintenance Company for a two -year period, with provisions for three one -year renewals. Pacific Building Care has provided janitorial service at the Depot for the past contract period and has continued to perform at a level of attentiveness that meets or exceeds our requirements. The amendment to the agreement will provide service from July 1, 2011 through June 30, 2012, in an amount not to exceed $160,000. The amendment to the agreement includes all supplies. 25K -1 Amendment to Agreement for Janitorial Services July 18, 2011 Page 2 In addition, Pacific Building Care offers janitorial service on two library buildings, the Santa Ana PAAL program facility and 13 park centers as a continuation of their quality service, skilled staffing and strong supervision for an amendment to the agreement to provide service from July 1, 2011 through June 30, 2012. Annual contract not to exceed $200,000, including an eight percent contingency. Bell Building Maintenance Company's offers janitorial service for City Hall, Ross Annex and the Corporate Yard reflecting the quality and high standards the City requires for the buildings and surrounding areas. The amendment to the agreement provides service from July 1, 2011 through June 30, 2012 for an annual amount not to exceed of $248,000, including an annual eight percent contingency to cover additional tasks as requested. The contract includes all supplies including cleaning and paper products. Both Pacific Building Care and Bell Building Maintenance Company have been attentive to their janitorial assignments, and responded quickly to requested adjustments in service and agreed to amend the agreements without an increase in pricing. FISCAL IMPACT Funds are available in the SA Depot Operations account (no.06717650- 62310) for $160,000 and Building Maintenance Fin /Mgmt Custodial account (no.07310100- 62310) for $448,000. Raul Go Inez II Executive Director Public Works Agency km APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director -13 Finance & Management Services Agency 25K -2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 18, 2011, by and between Pacific Building Care, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2009 -112, dated August 3, 2009, (hereinafter "said Agreement ") by which Contractor has provided janitorial maintenance services at the Santa Ana Regional Transportation Center and various City park centers. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for the first of three optional extension periods, and add compensation to pay for services during the extended 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 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services: 1. At the Santa Ana Regional Transportation Center, the rates and charges identified in Exhibit A, Attachment H to said Agreement. The total sum to be expended for janitorial services and supplies at SARTC shall not exceed $160,000.00 during the extended one -year term of said Agreement. 2. At the Park Centers, the rates and charges identified in Exhibit B to said Agreement. The amount expended for janitorial services and supplies at the Park Centers shall not exceed $184,000, plus an eight percent (8 %) contingency for unanticipated services. The total amount to be expended during the extended one -year term of said Agreement shall not exceed $200,000." Section 3, TERM, shall be amended to reflect the parties' option to exercise the first one -year extension of the term. Said section shall be deleted in its entirety and replaced with the following: "The term of this Agreement shall commence on September 1, 2009, and terminate on June 30, 2012, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for two (2) additional one -year periods, upon the mutual agreement of the parties." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // 25K -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Acting City Manager PACIFIC BUILDING CARE, INC. (NAME) (Title) 25K -4 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 18, 2011, by and between Bell Building Maintenance, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into that certain Agreement A- 2009 -113, dated August 3, 2009, (hereinafter "said Agreement ") by which Contractor has provided janitorial maintenance services at Santa Ana City Hall, Ross Annex and Corporate Yard. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for the first of three optional extension periods, and add compensation to pay for services during the extended 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 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A to said Agreement. The total sum to be expended for janitorial services and supplies pursuant to this Amendment shall not exceed $228,160,000, plus an eight percent (8 %) contingency for unanticipated services. The total amount to be expended during the extended one -year term of said Agreement shall not exceed $248,000." 2. Section 3, TERM, shall be amended to reflect the parties' option to exercise the first one -year extension of the term. Said section shall be deleted in its entirety and replaced with the following: "The term of this Agreement shall commence on September 1, 2009, and terminate on June 30, 2012, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for two (2) additional one -year periods, upon the mutual agreement of the parties." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25K -5 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Acting City Manager BELL BUILDING MAINTENANCE, INC. (NAME) (Title) e REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: AGREEMENT FOR FEDERAL GOVERNMENT LIAISON SERVICES WITH THE FERGUSON GROUP OF WASHINGTON, D.C. f 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 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement for government liaison services with the Ferguson Group for a six month period in an amount not to exceed $37,500. DISCUSSION The Ferguson Group has served as the City's representative in Washington, D.C. since 1987. The service includes the review and monitoring of federal executive proposals and legislation, as well as administrative rules and regulations that may affect the City. The Ferguson Group also assists the City in identifying funding opportunities and grant applications and other special programs for which the City may qualify. In the current fiscal year, the Ferguson Group assisted in advocating for the City's Go Local Transit Project, COPS grants, water well rehabilitation projects, and CDBG and Workforce Development monies. This past year the Ferguson Group was also instrumental in tracking energy grant, healthy city initiatives, TIGER II monies for transportation and any remaining federal stimulus dollars. 25L -1 Ferguson Agreement July 18, 2011 Page 2 FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 10117601- 62300) and General Fund Legislative Affairs (no. 01104012 - 62300). Raul Godinez Executive Direct Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25L -2 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 18`h day of July, 2011 by and between The Ferguson Group, L.L.C. (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing government liaison services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide government liaison and lobbying services to the City, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept, compensation at the rate of Six - Thousand, Two - hundred, Fifty dollars ($6,250.00) per month for time spent by Consultant in the performance of this Agreement. The total amount payable under this Agreement shall not exceed Thirty-Seven Thousand, Five - Hundred Dollars ($37,500.00) during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 3. TERM This Agreement shall commence on July 1, 2011 and terminate on December 31, 2011, unless terminated earlier in accordance with Section 11, below. 4. 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 1 25L -3 provided in a manner consistent with all applicable standards and regulations governing such services. Any and all of Consultant's personnel shall be employees or subcontractors of Consultant and not employees of City. 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. 5. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims resulting from or arising out of the negligent or wrongful acts, errors or omissions of Consultant, its employees or subcontractors. 6. 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. 8. CONFLICT OF INTEREST CLAUSE City acknowledges that Consultant may represent other clients in Washington D. C. during the term of this Agreement. If a potential conflict of interest arises due to this representation, Consultant shall notify the City, in writing, immediately and provide the name and address of each client under contract. 8. REPRESENTATIVES AND NOTICE The City Manager shall be the representative of City for purposes of this Agreement and may execute all consents, approvals, directives, or agreements on behalf of City called for by this Agreement except as otherwise expressly provided in this Agreement. Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. mail, postage prepaid, to the following addresses: To City: City Manager /Council Support Office 20 Civic Center Plaza (M -30) P.O. Box 1988 2 25L -4 Santa Ana, CA 92702 -1988 Telefacsimile 714- 647 -6954 To Consultant: The Ferguson Group, L.L.C. 1130 Connecticut Avenue, N.W., Suite 300 Washington, D.C. 20036 Telefacsimile 202 - 331 -1598 9. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 10. ASSIGNMENT Consultant shall not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City; provided, however, that claims for money due or to become due from City under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of such assignment or transfer shall be promptly furnished to City. 11. TERMINATION This Agreement may be terminated at any time by mutual agreement of the parties hereto or by thirty (30) days written notice by either party to the other. 12. 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. 3 25L -5 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: By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Acting City Manager THE FERGUSON GROUP, L.L.C. WILLIAM FERGUSON, JR. Chief Executive Officer 4 25L -6 EXHIBIT A OBLIGATIONS OF THE FERGUSON GROUP L.L.C. A. The Ferguson Group will act as a Washington Representative to the City in Washington, D. C. B. The Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager and the Consultant on all organizational planning and program activity which has a bearing on the ability of the City to make the best use of federal programs. C. Consultant shall serve as lead advocate on City issues if the City contracts for the services of other Washington representatives and The Ferguson Group shall coordinate such other services. D. Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City on those items which may have a bearing on City policy or programs. E. Consultant will secure and furnish such detailed information as may be available on federal issues in which the City indicates an interest. F. Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the Administrator. G. Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance. H. Consultant will counsel with the City regarding appearance by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. [. Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications. f. In fulfilling responsibilities under this Agreement, the Consultant will act in the name of the City of Santa Ana and with the title Washington Representative to the City Manager. 5 25L -7 25L -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: AGREEMENT FOR STATE GOVERNMENT LIAISON SERVICES WITH TOWNSEND PUBLIC AFFAIRS 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 Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to amend the agreement for government liaison services with Townsend Public Affairs for a six month period in an amount not to exceed $25,000. DISCUSSION Townsend Public Affairs has served as the City's representative in Sacramento for 11 years. Services in the scope of work include the review and monitoring of state legislation that could affect the City, identifying funding opportunities such as grants and earmarks, and working with state agencies regarding regulations and policies that could affect Santa Ana. Townsend Public Affairs represented Santa Ana's interests in Sacramento this past year on issues regarding the protection of local government revenues, the state budget, state enterprise zone program, redevelopment agencies, water related issues, etc. In addition, they worked to pursue grant opportunities such securing monies for the Diamond Park Water District and Prop. 84 monies for the Willard School Joint Use Project. In past years, Townsend Public Affairs has secured funding for the Discovery Science Center, synthetic turf for Eddie West Stadium, and youth intervention and crime prevention grants. 25M -1 Townsend Agreement July 18, 2011 Page 2 FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 10117601- 62300) and General Fund Legislative Affairs (no. 01104012 - 62300). Raul Godinez r Executive Director',' Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Not Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25M -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 18`h day of July, 2011 by and between Townsend Public Affairs, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of government lobbying. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform lobbying services on behalf of the City, as set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $4,166 per month, including expenses. The total sum to be expended under this Agreement shall not exceed $25,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2011, unless terminated earlier in accordance with Section 12, below. Services provided since July 1, 2011 shall be included within the Scope of Services of this Agreement. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. 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 1 25M -3 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. 5. 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. 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. b. 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. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the 2 25M -4 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. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile 714- 647 -6956 With courtesy copy to: 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: Townsend Public Affairs, Inc. 2699 White Road, Suite 251 Irvine, CA 92614 Telefacsimile 949 - 476 -8215 Attn: Christopher Townsend 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 3 25M -5 as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party 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. 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. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding -that may be brought or arise out of, in connection with or by reason of this Agreement. 4 25M -6 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. 14UIZAR Clerk of the Council APPROVED AS TO FORM: Laura Sheedy Assistant City Attorney PAUL M. WALTERS Acting City Manager TOWNSEND PUBLIC AFFAIRS, INC. CHRISTOPHER TOWNSEND President Tax ID# 5 25M -7 WiTme EXHIBIT A OBLIGATIONS OF TOWNSEND PUBLIC AFFAIRS INC. A. Townsend Public Affairs will represent the City of Santa Ana in Sacramento. B. The Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at times and places mutually agreed to by the City Manager and Sacramento Representative on all organizational planning and program activity which has a bearing on the ability of the City to make the best use of state programs. C. Consultant will review state proposals, legislation, under consideration, proposed and adopted administrative rules and regulations and other Sacramento developments for the purpose of advising the City of those items which may have a bearing on City policy or programs. D. Consultant will secure and furnish such detailed information as may be available on state issues in which the City indicates an interest. E. Consultant will review and comment on legislative proposals and grant applications of the City which are being prepared for submission to state agencies when requested to do so by the City. F. Consultant will maintain liaison with the City's state legislative delegation and other appropriate state legislators, including the Governor and legislative leadership, and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance. G. Consultant will counsel with the City regarding appearance by City personnel before legislative committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary. H. Consultant will contact state agencies on the City's behalf when City applications are under consideration by such agencies, facilitate provision of additional information from the City, resolve potential concerns, provide guidance to the City, and otherwise take whatever steps appear to be necessary to obtain the most favorable consideration of such applications. L Consultant will support City efforts related to federal appropriations and other initiatives requiring outreach to local and regional agencies. 6 25M -9 25M -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE INSURANCE RENEWALS 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. Approve the City's continued membership in the Big Independent Cities Excess Pool from July 1, 2011 to July 1, 2012 at an estimated premium cost not to exceed $1,250,000. 2. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2011 to July 1, 2012 at an estimated premium cost not to exceed $360,500. 3. Approve the City's continued participation in the California State Association of Counties — Excess Insurance Authority's Crime Bond Program from July 1, 2011 to July 1, 2013 for an estimated two year pre -paid premium not to exceed $17,500. DISCUSSION In September 1988, the Big Independent Cities Excess Pool ( BICEP) Joint Powers Authority was formed with five cities. The current cities include Santa Ana, Huntington Beach, San Bernardino, Oxnard, and West Covina. The purpose of BICEP is to provide insurance coverage for its members, shielding them from financial debt due to large liability claims, judgments, and settlements. Additionally, participation in a pool provides rate stability and can offer broader coverage. The current excess liability and workers' compensation insurance policies will expire on July 1, 2011. The total BICEP insurance premium for the July 1, 2011 to July 1, 2012 period will not exceed $1,250,000; an estimated $1,015,000 of which covers liability claims from $1,000,000 to $50,000,000 per occurrence with a $1,000,000 self insured retention (SIR) which functions like a deductible. The balance of $235,000 purchases statutory excess workers' compensation insurance coverage with a $1,000,000 SIR. 29A -1 Insurance Renewals July 18, 2011 Page 2 The Public Entity Property Insurance Program ( PEPIP) was established in May 1993 with seventeen public agencies including the City of Santa Ana. The purpose of PEPIP is to provide public agencies with group purchasing strength. Since 1993, PEPIP has grown to include over 6,400 members in 45 states, which has allowed the group to purchase property insurance at affordable premiums. The estimated $360,500 premium will provide $1,000,000,000 of coverage for insured City properties. PEPIP will provide the City with $100,000,000 for boiler and machinery damage and $82,500,000 in coverage for flood damage (coverage is in limited to $50,000,000 in Flood Zone A.) Due to the excessive premium cost of earthquake insurance, the City will not seek this coverage. Insurance deductibles will be as follows: Coverage Deductible Flood $100,000 except $250,000 for Flood Zone A locations Vehicles Fire Fighting $50,000 Vehicles All other $25,000 All other occurrences $10,000 Boiler & Machinery $2,500 to $350,000, depending on the pieces of equipment involved The City joined the California State Association of Counties — Excess Insurance Authority (CSAC- EIA) Crime Bond Program on April 1, 2004. The estimated two year pre -paid renewal premium from July 1, 2011 to July 1, 2013 is $17,500. The Crime Bond Program limit is $10,000,000 with a $25,000 per occurrence deductible and covers the following: 1. Employee dishonesty with faithful performance coverage 2. Forgery and alteration 3. Theft, disappearance and destruction 4. Robbery and safe burglary 5. Computer fraud including funds transfer coverage 6. Money orders and counterfeit paper currency The City Manager will review the quotations and make the final decision to secure the coverages. Insurance Renewals July 18, 2011 Page 3 FISCAL IMPACT Funds are budgeted in the proposed 2011 -12 Liability & Property Insurance account (account no. 08009051 - 64010) and Workers' Compensation account (account no. 08209054 - 64010). f Kathie Gonzalez Executive Director Personnel Services KG /CR /BM APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency if- We "MA REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: QUITCLAIM 1101 E. CHESTNUT AVENUE TO OCTA FOR THE AT- GRADE RAIL SAFETY ENHANCEMENT PROJECT (PROJECT 091745) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a quitclaim deed relinquishing the City's fee interest in 1101 E. Chestnut Avenue. DISCUSSION On October 20, 2008, the City Council approved a cooperative agreement with Orange County Transportation Authority (OCTA) for the At -Grade Crossing Enhancement Program at ten crossings in the city. The City provides the 12 percent match and is responsible for acquiring the right -of -way on OCTA's behalf. The purpose of this program is to enhance pedestrian, bicycle and driver safety for at -grade railroad crossings in the City. Improvements include medians, roadway signing and striping, pedestrian gates and other vehicular gate enhancements. Additionally, the City intends to implement a quiet zone for the crossings at Seventeenth Street, Santa Clara Avenue and Fairhaven Avenue, after the project is implemented. One of the railroad crossings to be enhanced is on Chestnut Avenue, west of Grand Avenue. To complete this work, OCTA determined that acquisition of the entire parcel at 1101 E. Chestnut Avenue was required (Exhibit 1). On July 6, 2010, City Council approved a purchase agreement for this site. This deed serves to convey the property to OCTA as required in the cooperative agreement. 107M Quitclaim 1101 E. Chestnut Avenue to OCTA for the At- Grade Rail Safety Enhancement Project (Project 091745) July 18, 2011 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed request is not considered to be a project. No further action is required. FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez II Executive Directo Public Works Agency RG /JG Exhibit: Project Location 10 U LL U Q IL z O z 1 1 1 1 1 1 1 1 1 0 1 Q 11 � 1 J 1 1 � 1 1 U 1 O 1 CHESTNUT AVE c w U- 0 z \ Q \ co EXHIBIT 1 SUBJECT PROPERTY SANTA ANA iiCity Council Title: OUITCLAIM 1101 E. CHESTNUT AVENUE TO Agenda Date OCTA FOR THE AT- GRADE RAIL SAFETY PV JULY 18, 2011 ENHANCEMENT PROJECT PUBLIC WORKS AGENCY (PROJECT 091745) 107M] �3� . , REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: CONDITIONAL USE PERMIT NO. 2011-14 TO ALLOW A 60 -FOOT HIGH MONOPINE WIRELESS FACILITY FOR METRO PCS AT 601 SOUTH SANTA FE STREET - ROYAL STREET CQ 41� UNICATIONS, APPLICANT l�- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2 "0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2011 -14 as conditioned. PLANNING COMMISSION ACTION On June 27, 2011, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2011 -14 as conditioned by a vote of 5:0 (Nalle and Turner absent) to allow the installation of a 60 -foot high wireless communications facility camouflaged as a pine tree for Metro PCS at 601 South Santa Fe Street located in the Heavy Industrial (M2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. J". Trevino Executive Director Planning & Building Agency VF:rb vtlreports \CUP \CUP11 -14 Metro PCS.cc Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 27, 2011 TITLE: PUBLIC HEARING - FILED BY ROYAL STREET COMMUNICATIONS FOR CONDITIONAL USE PERMIT NO. 2011 -14 TO ALLOW A 60 -FOOT HIGH MONOPINE WIRELESS FACILITY FOR METRO PCS AT 601 SOUTH SANTA FE STREET Prepared by Vince Fregoso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Imo- �lt_Q,I,L Planning Manage Adopt a resolution approving Conditional Use Permit No. 2011 -14 as conditioned. DISCUSSION Request of Applicant Royal Street Communications California LLC, representing Metro PCS, is requesting approval of a conditional use permit to allow the construction of a 60 -foot high wireless facility stealthed as a monopine at 601 South Santa Fe Street. Project Location and Site Description The project is proposed to be constructed on a 16,200 square foot parcel of land located on South Santa Fe Street, just south of Chestnut Avenue. The site currently contains an 8,500 square foot industrial building that is currently vacant, as well as an existing 58 -foot tall monopalm. Land uses surrounding the site include industrial and warehouse uses to the north, south, east and west (Exhibits 1 and 2). Project Description Metro PCS is proposing to construct a 60 -foot high wireless facility stealthed as a monopine. This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the monopine the appearance of a natural tree, the facility has been designed to have branches that will extend five feet above the antennas to a maximum height of 65 feet. Equipment for the wireless facility will be installed within an 11 -foot by 21 -foot yard area at the rear (northeast) section of the site. Further, two 36 -inch box Canary Island Pine trees will be installed west of the facility to assist with the stealthing of the monopine (Exhibits 3, 4 and 5). 1 lki CUP No. 2011 -14 June 27, 2011 Page 2 The proposed wireless facility will contain three arrays with two panel antennas on each side, for a total of six panel antennas. A GPS and parabolic antenna will also be located on the monopine, which will be camouflaged as a Canary Island Pine Tree. Additionally, a new trash enclosure, built to City standards, will be installed. Project Backaround The building on the property is currently vacant, but was previously occupied by Blue Bird Towing, who used the site as a storage lot for vehicles until December 2009. In 2004, Conditional Use Permit No. 2004 -34 was approved that allowed Sprint to install a 58 -foot high cellular facility stealthed as a monopalm. The property owner will be leasing approximately 320 square feet of area on the site to Metro PCS for the installation of the cell tower and related equipment. General Plan and Zoning Consistenc The General Plan land use designation for the site is Industrial (IND), which allows for manufacturing and industrial uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Heavy Industrial (M -2). The Heavy Industrial zoning district is a zone that also allows for manufacturing, industrial and warehouse uses. The proposed use is also consistent with the zoning designation. Project Analvsis In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless facilities, which are ground mounted facilities such as the one proposed, or roof mounted and higher than 10 feet above the roof of a building, are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit. Also, Section 41 -198.4 of the Santa Ana Municipal Code (SAMC) identifies several site improvements that may be required at sites with major wireless facilities. These improvements include: 1. Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility; 3. A six -foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on -site parking is not available; 5. Repairing, repaving and restriping of a parking lot which is in poor condition; 6. The repainting of buildings on a site; and 7. The construction of a new trash enclosure. 31A-4 CUP No. 2011 -14 June 27, 2011 Page 3 Conditional Use Permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. Section 41- 198.5(b) of the SAMC establishes site selection order of preference criteria for wireless facilities. These provisions require the exploration of various options before proposing a new monopole. The applicant has explored alternatives to this monopine, including providing a roof mounted facility on an existing building in the area and co- locating on another facility. The heights of the buildings (predominantly one story) in the immediate area do not provide the necessary height to provide adequate service. Also, although there is another wireless facility on the subject site, the monopalm is an inferior design for the collocation of another wireless carrier. In fact, the majority of the cellular facilities that have been approved by the City in the past few years have been designed as a monopine, which can easily stealth multiple wireless facilities. Site improvements are proposed for the site that will bring the site into compliance with the wireless communications facility ordinance. First, two 36 -inch box Canary Island Pine tree will be planted near the facility to assist in the stealthing of the monopine. Second, decorative wrought iron fencing will be used to secure the wireless facility and ancillary equipment. Third, additional bougainvillea will be planted within the existing planter at the rear of the site, which is adjacent to the proposed wireless facility. Fourth, conditions of approval that require graffiti removal, landscape maintenance and fence repairs have been incorporated into the project. Finally, a new trash enclosure will be installed that complies with the City standards. The remaining items were found to be in compliance with the requirements of the wireless facilities ordinance. 31A-5 CUP No. 2011 -14 June 27, 2011 Page 4 • The project will provide a service or facility which will contribute to the community. The proposed monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Metro PCS's services by reducing the gaps in cellular service and providing additional calling capacity for its users in the central sector of Santa Ana. • The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). • The proposed monopine, in conjunction with the new live pine trees and site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for this commercial corridor. • The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. • The proposed monopine will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan land use designation. Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. A facility designed as a monopine would provide the best stealth possible for this location. The facility is located within an industrial district and will be installed on the northeast side of the building, away from other industrial buildings and Santa Fe Street. Within the corridor, there is a mixture of trees, including palm and broad leaf trees. The pine tree design will easily blend into the area and will be designed to allow for future co- location by another provider. Of the various tree designs, the pine tree has been found to be the solution that best stealth's the equipment needed by additional wireless providers. All associated wiring and conduit for the facility will be underground or hidden within the interior of the monopine. This location is also optimum to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Metro PCS by closing service gaps in the area. Equipment for the facility will be located in an existing enclosure at the rear of the building and will be screened by wrought iron fencing. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan, including Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for services. lkl_I�Q� CUP No. 2011 -14 June 27, 2011 Page 5 Public Notification The project site is not located within the boundaries of a neighborhood association but is adjacent to the Cornerstone Village and Lyon Street Neighborhood Associations. The presidents of these Associations were notified by mail 10 days prior to this public hearing. In addition, staff contacted the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Associations, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2010 -123 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2011 -14 as conditioned. Vince Fregoso, ICP Principal Planner VF:jm AreportslCURCUP11 -14 Metro PCS.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Elevations Exhibit 5 — Photo Simulation 31A-7 FIRST irs riot no. .a sa saI V O Ra q= �� R2 y M1 r-V ] 88 EM== R3 R3 � Rp3 Ml j 1C- "' = R3 RS R3 L_J R3 R3 SM ° R2 RA R R1 R1 RI P1 $ sm R2 R2 R1 O iia 11 �. R1 R1 R1 R HH EHj R1 R1 R1 0 b R1 R1 ° R1 P1 JHR RI 1 R1 R1 J� � R3 Rt Rl R1 R1 R1 R1 Ri R1 PRI R1 w l R1 R1 P J sM a2 P2 RI R1 R1 R1 R1 R1 R1 R ° MR R2 R1 +o.00w w. SM Rj? I R2 R1 pH Rl 1 I HOBART ST. wa wr ?. s �unmr ST. 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PFD RAANED RSDENTALDEYHDFMBJT 9183RCRAN 0 Z CUP 2011 -14 METRO PCS MONOPINE 601 SOUTH SANTA FE STREET _ _ _SW � 1' = 1 000 F$T P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 Lks CUP 2011 -14 METRO PCS MONOPINE n 601 SOUTH SANTA FE STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 INDUSTRIAL STORAGE 9 MANUFACTURING 2 v z � C y n %p c STORAGE A j1 �X% y y INDUSTRIAL Lu Lu O MANUFA URING o h�' 41 z �G PLUMBING � 9CTG O 9��C MANUFACTURING MANUFACTURIN u Q CAR Z IMPOUND M A N U AC TURING OQC l� INDUSTRIAL = HUNTER AVENUE CUP 2011 -14 METRO PCS MONOPINE n 601 SOUTH SANTA FE STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 VAN mm ft ",AgL hit --ivwn Ago— hill WML� . M — - ---------------- ------- -- - - - ---- - N o )all IL S--j �u t�� zC \ it I BHA :0 J �s� I � I � I � i � Ili PI z --Ignls 33 vjxvs EXHIBIT 3 -- 31AA 0 r"ug3 Gy�t �qqe fill lipR E I.. Ic, 11 11 y ft g EXHIBIT 4 31 A -11 EXHIBIT 5 31 A -12 ROH - 06/27/11 RESOLUTION NO. 2011 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011 -14 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 601 SOUTH SANTA FE STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2011 -14 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 27, 2011. B. Conditional Use Permit No. 2011 -14 has been filed with the City of Santa Ana seeking to allow a 60 -foot high wireless facility stealthed as a monopine on the property located at 601 South Santa Fe Street. C. Pursuant to Santa Ana Municipal Code Section 41- 198.10, a Conditional Use Permit is required for major wireless communication facilities established in the City of Santa Ana. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed 60 -foot tall cellular monopine will provide a service to Santa Ana residents, businesses and motorists who subscribe to Metro PCS's services by reducing the gaps in digital cellular service and providing additional calling capacity for its users, especially for those users traveling within the central sector of Santa Ana. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Resolution No. 2011 -12 Page 1 of 6 31 A -13 Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopine, in conjunction with the new live pine trees and required site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site upgrades will be the major solution to maintaining and increasing the economic stability for this industrial corridor. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to comply with the regulations and conditions identified in Chapter 41 of the Santa Ana Municipal Code for a major wireless facility. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopine facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Industrial (IND) General Plan land use designation. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for services. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2010 -123 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Conditional Use Permit No. 2011 -14 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated June 27, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2011 -12 Page 2 of 6 31A -14 ADOPTED this 27th day of June, 2011 by the following vote AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Nalle, Turner (2) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Joseph A. Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2011 -12 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 27, 2011. Date: Planning Commission Secretary City of Santa Ana 31 A -15 Resolution No. 2011 -12 Page 3 of 6 iks F.AI5114011�, Conditions for Approval for Conditional Use Permit No 2011-14 Conditional Use Permit No. 2011 -14 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP 2010 -41). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopine shall be constructed as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot monopine facility. 4. Prior to issuance of an electrical meter, the following improvements shall be completed: a. Construction of a new trash enclosure for the building. b. Removal of all graffiti on the premises. c. Maintenance of all on -site landscaping, including the removal of weeds. d. Repairing of the wrought iron fence located at the front of the property. 5. The proposed monopine shall be constructed per the following specifications: a. The monopine should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. Resolution No. 2011 -12 Page 4 of 6 Exhibit A Page 1 of 3 31 A -17 b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. f. Branches should have an upward sweep similar to that of actual Canary Island Pines. g. Branch foliage color should be an olive green with some brown "needles" to match an actual Canary Island Pine. A sample should be submitted for approval prior to fabrication. h. Full bark cladding with a custom color should be submitted for approval prior to fabrication. i. All antennas shall be covered with "pine antenna socks" that match the approved foliage color. j. All "stand -off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I. Show the location of the GPS antenna on all elevations. m. Provide a "unistrut" detail for the utility cabinet; an "H- frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure ". Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 6. At all times, the permit applicant shall not prevent the City of Santa Ana from having adequate spectrum capacity on the City's 800 MHz radio frequency. Exhibit A Page 2 of 3 Resolution No. 2011 -12 Page 5 of 6 ikii_ LAW _E:� 7. The permit applicant shall provide a 24 -hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 8. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 9. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. 10. The permit applicant shall provide a coverage and cell site location map for each existing and proposed facility in Santa Ana. 11. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source shown on the approved site plan. 12. Conditional Use Permit No. 2011 -14 expires 10 years from the date of City Council approval. Resolution No. 2011 -12 Page 6 of 6 Exhibit A Page 3 of 3 iks F.AIMB-11] REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: VARIANCE NO. 2011 -08 TO ALLOW A REDUCTION IN PARKING FOR A NEW RESTAURANT /RETAIL BUILDING WITHIN THE METRO TOWN SQUARE SHOPPING CENTER AT 3600 THROUGH 3796 SOUTH BRISTOL STREET — JAMES CARTER, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2011 -08 as conditioned. PLANNING COMMISSION ACTION On June 13, 2011, the Planning Commission adopted a resolution approving Variance No. 2011- 08 as conditioned by a vote of 6:0 (Alderete absent) to allow a reduction in parking for a new restaurant/retail building within the Metro Town Square Shopping Center at 3600 through 3796 South Bristol Street located in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Ja . Trevino Executive Director Planning & Building Agency VC: rb v6repo rtsWa 11 -08. M etroTownSq ua re. cc Exhibit: A. Planning Commission Staff Report 31 B -1 ' I REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 13, 2011 TITLE: PUBLIC HEARING — VARIANCE NO. 2011 -08 TO ALLOW A REDUCTION IN PARKING FOR A NEW RESTAURANT /RETAIL BUILDING WITHIN THE METRO TOWN SQUARE SHOPPING CENTER AT 3600 THROUGH 3796 SOUTH BRISTOL STREET Prepared by Verny Carvajal Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning anager Adopt a resolution approving Variance No. 2011 -08 as conditioned. DISCUSSION Request of the Applicant Mr. James A. Carter, representing Metro Town Square LLC, is requesting approval in order to construct a new 10,000 square foot restaurant and retail building within the Metro Town Square shopping center located at 3600 through 3796 South Bristol Street. Specifically, the applicant is requesting a variance from Section 41 -1341 for a reduction in required parking to allow for the construction of a new building and to accommodate additional restaurant and medical office uses within the existing commercial center. Project Location and Site Description The Metro Town Square development is a 22 -acre parcel of land located at 3600 through 3798 South Bristol Street and 3701 through 3795 South Plaza Drive. The complex is situated at the southwest corner of Bristol Street and MacArthur Boulevard and also bordered by Plaza Drive to the west. The site currently contains a total of 232,160 square feet of leasable retail, office, restaurant, bank, and health club space located within 10 structures. These structures, which do not include the square footages for the new restaurant/retail building and additional uses proposed by Variance No. 2011 -08, include: 1. Approximately 112,420 square feet of retail uses; 2. 29,420 square feet of medical office; 3. 30,540 square feet of restaurant space; 1 31 B -3 Variance No. 2011 -08 June 13, 2011 Page 2 4. 15,100 square feet of bank and savings & loan uses; 5. 35,570 square feet of health club area; and 6. 9,100 square feet of administrative office space. The proposed 10,000 square foot restaurant and retail building will serve to replace a smaller structure currently located along Bristol Street that is currently occupied by a Casual Male retail store at 3638 South Bristol Street. The site is surrounded by commercial uses to the north, south, and east; and multi- family residential to the west (Exhibits 1 and 2). Project Description The proposed project consists of the demolition of the existing 2,790 square foot retail building and construction of a new 10,000 square foot restaurant and retail multi- tenant building at its previous location. The building will feature a contemporary architectural theme with courtyard style entrances along each elevation and will include pedestrian links to both Bristol Street and the interior of the existing center. Key architectural elements to complement the existing center will include exposed wood trellis features, smooth stucco finish, fired stone slate, and a decorative mission tile roof. In addition to the proposed building, the applicant intends to expand the amount of restaurant and medical office square footage allowed within the center in order to accommodate for future market demands and allow for a varied tenant mix. The center's ownership wishes to convert 18,125 square feet of existing vacant retail floor area to medical office and 2,319 square feet of existing vacant retail space to restaurant uses. These changes represent an intensification of use from a parking perspective, as both medical office and restaurant uses require additional parking per the municipal code. For example, retail uses require 5 parking spaces per 1,000 square feet of floor area, while medical office uses and restaurant uses are parked at 6 per 1,000 square feet and 10 per 1,000 square feet, respectively. Application of city code requirements treat each tenant as a "stand alone" use therefore increasing the parking requirement for the center as a whole. Since the number of parking spaces required by the code exceeds the number present at the center, the applicant is requesting a variance from the parking requirements (Exhibits 3 through 6). Project Background The Metro Town Square development was originally constructed in 1972 and underwent a series of additions, facade improvements and building renovations in 1998 which included additions to the existing Vons supermarket and the center as a whole. In 2000, a zone change and variance were approved to allow the construction of a Bally's Health Club and Jack -In- The -Box restaurant. The previous entitlements allowed for a 12.8 percent reduction in required parking and allowed the existing nonconforming landscaped setbacks to remain. Since 2000, the Metro Town Square has attracted additional interest from medical office operators and prospective restaurant tenants. Variance No. 2011 -08 June 13, 2011 Page 3 General Plan and Zonina Analvsis The General Plan land use designation for the site is District Center (DC), which allows for commercial and office uses. District Centers are designed to serve as anchors to the City's commercial corridors, and to accommodate major development activity. These areas serve as major employment centers locally and regionally and include development which promotes the City as a regional activity center. The project is consistent with this General Plan land use designation. The zoning for the site is General Commercial (C2). The C2 zoning district allows for retail, restaurant and office uses making the proposed uses consistent with the zoning code. Proiect Analysis Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. The applicant is requesting approval of a variance to allow a reduction in required parking. The entire shopping center currently contains 1,226 parking spaces to serve all of the buildings. The proposed retail and restaurant building is parked at a rate of five spaces per 1,000 square feet, pursuant to the City's retail parking standards, and 10 spaces per 1,000 square feet, pursuant to the City's restaurant parking standard. Additionally, the applicant is proposing to convert 18,125 square feet of vacant space from retail to medical office uses and convert 2,319 square feet of vacant retail space to restaurant space. Based on code requirements, a total of 1,408 parking spaces would be required for this site, while 1,227 spaces will be provided at completion of the proposed expansion. This is a net difference of 181 spaces or a 12% reduction. To analyze whether the existing parking on the site could accommodate the new building as well as the conversion of vacant space to more intense uses, and therefore substantiate the variance request, the applicant hired the traffic engineering firm of Linscott, Law and Greenspan to prepare 31 B -5 Variance No. 2011 -08 June 13, 2011 Page 4 a shared parking analysis for the site. The parking study, using procedures developed by the Urban Land Institute for shared parking (ULI), analyzed impacts on large shopping center parking lots that are shared by multiple land uses such as those found at Metro Town Square. The parking study was intended to provide an analysis of the demand for parking based on the different activity patterns of the center. The study analyzed the current parking demand for the existing tenants in the center based on City code requirements, application of shared parking usage patterns by time -of day based on the ULI methodology, and existing parking demand surveys for current tenants combined with shared parking methods for all vacant and proposed areas of the center. By using additional field verification of the existing utilization of the parking currently provided, combined with a future demand calculation based on a shared parking model for the full occupancy of the existing vacant space with the proposed new uses, the study concluded that a surplus of 392 spaces will be available even at peak times (Exhibit 7). In analyzing the variance request staff believes that the following findings of fact warrant approval of the variance. The project site has a special circumstance related to its location and surroundings. The proposed use will be located within a built out development site on South Bristol Street that is surrounded by commercial and residential uses. Due to its location, there is no feasible option for providing additional parking for the new uses. In addition, the shared parking analysis prepared by Linscott, Law and Greenspan has determined that sufficient parking will be provided for the project by utilizing multiple methods. The study concluded that even under peak demand, a minimum of 392 parking spaces will be available within the shopping center. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the parking variance will preserve the property owner's ability to lease the buildings with uses that will identify the site as an economically viable development. Further, the reduction in parking will provide flexibility of leasing options that would support Policy 2.7 and policy 5.7 of the Land Use Element of the General Plan which promotes rehabilitation of commercial properties and encourages increased levels of investment while anticipating that intensity of new development does not exceed available capacity. The granting of the variance will not be detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses during the peak parking hours. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial or residential neighborhoods. Further, the site is in compliance with all other development standards applicable to the property. 41: Variance No. 2011 -08 June 13, 2011 Page 5 Finally, the project will not adversely affect the general plan as the proposed commercial uses are consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as retail, office and eating establishments that promote a balance of land uses to address basic community needs and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 1.9 which encourages new development along arterial intersections in commercial district such as South Bristol Street and Policy 5.4 in support of land uses which are compatible with surrounding uses. Public Notification The project site is located near the boundaries of the South Coast Neighborhood Association. The president of this Neighborhood Association, Connie Hamilton, was contacted by phone and by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to property owners within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2011 -10 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance No. 2011 -08 as conditioned. Verny Carvajal Senior Planner VC:jm WreportsWa 11 -08. MetroTownSq ua re. pc. d oc Vince Fregoso, AICP Principal Planner Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Metro Town Center Site Plan Exhibit 4 — Proposed Building Partial Site Plan /Floor Plan Exhibit 5 — Sample Building Elevations Exhibit 6 — Landscape Plan Exhibit 7 — Summary of Parking Study Findings 31 B -7 �C - •� - •� Rl U Al Al istil I Cl 12__ v Ml J Rf o w' n�MU Rt 1 ! 84 t R1 R1 Ni- R1- Ri• �• t R1�IIID Ri C1 R Fm "D Pro � I _ r4l O �Rl Ml wy Rt Rl O � Rt I Rl R1 R1 f0-5 C4 1 R1 5064 I I C1_ R1 RZ-M i / R4 RI Rl fj�- WCANT" ILVCI - ' i C2 ,i; e i R1 P� i I T--- - - - - -� RI t SD-7 r t �� _ t 1� t _'t I R4 �! �♦ _iii j i i t R4 r tt t t PA mom cpj 1 S0-" CR 40 R1 Rt F-li It. F C I 1 r • f C a e / a M e i • Al CAGWACMC4LVWt G COMIMOKAILL i11M1 R1 SSRi694AVAYRfl109dCE i PMA"AtODWCAWN GC GOV3"ApffCN9 m a rAWAMRYR8510540 C-SM 00MMtlICKSOMN MAIN Ml LIGW*ioL wm Rt AKLI U4AfN0.t!FAMMa Cl COAAURIYCpMMYOAL Mq tRiMNXIS AL M SUSMNAFAMEM C140 4MMWIC0MMGFAVL-VAAGWVKT KT Mo MRAWOPIPATM a Rt3KBN1VNLKVm C] G04RALCOM MOCK 0 OPN9 sma SD SPEOFICOTODPM00 G CFIITAALPJID SS P PROFUSNOW SP WamPWI Gal CilfAK4L%PV=-AMrVtt.tAW PCD hAt"Dco MRARRtTpMVBaMY1r G RAU04 IMOPPM16Coffn PAD KAlOROIlSDY711AlCevOLOPMEI►T G ARAMALCOMMMRCIML VAR 11 -08 METRO TOWN SQUARE 3638 SOUTH BRISTOL STREET _ _ �300FUT V- /000 FffT / L A N N 1 N 6 A N D 4 U I L D 1 N 6 A 6 E N C Y VK"w MAP EXHW I L 1-i [i� VAR 11-08 METRO TOWN SQUARE - 3638 SOUTH BRISTOL STREET R L A N N 1 N G A N D 8 W I t D I N G A G E N C Y LAND USE M" EXHOff 2 31 B -11 MEW RE MEOKL AMIRTM6MT3 W� �� � COMMERCNL MAC ARTHUR BLVD. ws STAMN S COMMERCIAL O 'r 0 j V O � r W O ¢ V O C O M M E R C I k t V COMMERCAt VAR 11-08 METRO TOWN SQUARE - 3638 SOUTH BRISTOL STREET R L A N N 1 N G A N D 8 W I t D I N G A G E N C Y LAND USE M" EXHOff 2 31 B -11 LLkSw = I :a .. ( ■ m 111�lpp!11■,n�I�� �����p�p{{� - 1���T_ -- m 8 � to v ��I�� ■tt ■ ■t�1c III @I�� �W Ilf+l'1 -._ '� is in E i tills y m m ■ MRS mr r vu nil f � omits I I ��z■ - � , ■r � •� I ■ o-1 �� !• ■ � �m t■ t s710 'L' �OI1 0 ° ��■ � _� �ilH 31 B -14 uncc ou+v �tiup ows+r•,anw....�x+v.m,... =uws 81d391Y0� 11111WdO11A38��8f nruwrm�vxr�.. am�wt -ru�ve 9set- ao-r�e3wa�a 3 " °Y2YMN YS" a31N30 SNlddOHS lit a.. � I f � � a ._..... 1 m i I� l EXHIBIT 5 31 B -17 4.. am MHlr WXN30 SNWdOHB SMVAM NOWAIM EXHIBIT 5 31 B -17 4.. Iv- MAW VNWcKM EXHISrr 5 31 B -19 � �wt�rrr tnar e� o �o o ;:o OO °� IMP 4 CAL IBM deaa aai�� sa: aaaw�a n a �aa•an• /"IVat 7 Remove /� ►t /r -: "t����2�'2: ■nN tlrr�rC��a: � =s■c�cU a� iar/r ■ al.i oWAN*n mlnucmrruao r P r ,Y i � � I CC yHV h�1 � G' CC La O H O EXHIBIT 7 31 B -23 a O vi Q ., cd cd C cc y y LL ca T O O O U y O � N 3 0 co o � a N .O cTd cd N N T 0� cr L L R 0. O cLd Ld yl� �-0 d u n u 0 z L w � C a, o oo °� � � U U v cd U fn H C6 ` fn u cd Cd O. M U w y M ti h N N O M eq r1 Cc,), U O h n N u O O v r- 0 C N T U U cd C w U � rn a U CD 00 w M w rr h o0 'O T u Cd nN. U ca a. C U N 00 N W N c ?. U '. O y V u T U U C N C Nr u U � G bo .0 Cd F{ L 60 tu 0 Q u, a a S b v T T V cd -j i w o ti Cd U 47 A GO U a ri cn U, EXHIBIT 7 31 B -23 a O vi Q ., cd cd C cc y y LL ca T O O O U y O � N 3 0 co o � a N .O cTd cd N N T 0� cr L L R 0. O cLd Ld yl� �-0 d u n u 0 z IMarch 23 2011 ' Mrs. Lawna Munholland, Property Manager Metro Town Square 3719 South Plaza Drive Santa Ana, CA 92704 LLG Reference No. 2.10.3182.1 ' Subject: Updated Parking Analysis for Metro Town Square Santa Ana, California ' Dear Mrs. Munholland: 1 As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this updated Parking Analysis for Metro Town Square, an existing 232,158 square foot (sf) mixed -use center supported by an inventoried parking supply of 1,226 spaces, located in Santa Ana, California. The update was prompted by recent refinements in your expected tenancy mix. At the time of our recent parking demand field study, the existing center had a current vacancy of 35,039 sf. Ownership proposes to convert 18,125 sf of its vacant retail floor area to medical office and 2,319 sf of vacant retail floor area to restaurant use. Additionally, an existing Casual Male building is expected to be demolished and replaced with a new structure providing space for three suites including a replacement Casual Male store. The replacement building would add 7,206 sf of floor area to the site, resulting in 239,364 sf, and the loss of three parking spaces. Based on planned restriping west of Tiffany 2000 and north of Bally's Total Fitness, 4 parking spaces will also be added, resulting in a net new space count of 1,227. A parking study has been required by the City of Santa Ana to evaluate the parking requirements and operational needs of the center at future full occupancy with conversion of some of its vacant retail to medical office and restaurant use (18,125 sf and 2,319 sf), respectively along with the 7,206 sf floor area expansion in place. This report evaluates those needs based on actual field study of existing peak parking demands at the site, application of City code, and further application of the Urban Land Institute's (ULI) Shared Parking methodology. Engineers & Planners Traffic Transportation Parking Linscott, Law & Greenspan, Engineers 1580 Corporate Drive Suite 122 Costa Mesa, CA 92626 714.641.1587 T 714.641.0139 r wymIlgengineers.com Pasadena Costa Mesa San Diego Las Vegas Philip M. Linscott, PE os24m) Jack M. Greenspan, PE ineLl Wilbam A Law, PE met) Paul W. Wilkinson, PE John P. Keating, PE David S. Shender, PE John A. Boarman, PE Clare M. Look - Jaeger, PE Richard E. Barretto, PE Keel D. Maberry, PE 31 B -24 An LB2VVB rweaay rounded 19e5 ' Mrs. Lawna Munholland March 23, 2011 1 Page 2 t Our method of analysis, findings, and recommendations are detailed in the following Y � 8, g sections of this report. Briefly, we find the following: ■ Inventoried existing parking supply on the site totals 1,226 spaces. ■ Existing (November/December 2010) peak parking demands at the site total roughly 600 spaces. A "code" calculation for existing (November/December 2010) occupancy levels and tenancy types requires 1,147 spaces, and a similar "shared parking" calculation (code parking ratios and ULI time -of -day profiles) indicates a "design level" requirement of 900 spaces for that same occupancy condition, thus illustrating the conservative nature of the shared parking approach. ■ Looking to the future fully occupied condition, with all of the floor area in the modified Casual Male building devoted to retail tenancies, code would require 1,466 spaces, and the shared parking "design level" need calculates to 1,143 ' spaces, versus an anticipated supply of 1,227 spaces. A "blended" calculation using actual demands for existing uses and shared parking for full occupancy of any otherwise vacant space puts the expected peak utilization at 835 spaces, resulting in a minimum functional surplus of 392 spaces. ■ The mix of site uses (existing or future full occupancy) clearly support the basis for application of the shared parking methodology, and actual field study confirms that technique to be very conservative in determining the site's parking needs. PROJECT LOCATION AND DESCRIPTION RIP ION The Metro Town Square is located north of Callens Common, south of MacArthur Boulevard, east of Plaza Drive and west of Bristol Street in the City of Santa Ana, California. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the Project site in the context of the surrounding street system. Figure 2 presents the existing site plan for Metro Town Square, and illustrates the existing buildings and parking areas. ' Metro Town Square is an existing mixed -use 232,158 sf mixed -use center, with 1,226 parking spaces, and has a current vacancy totaling 35,039 sf. Table 1, located at the end of this letter report, following the figures, summarizes the existing and proposed land uses /tenants and associated floor areas for Metro Town Square. Pending modifications include conversion of a portion of its vacant retail to medical office and restaurant use (18,125 sf and 2,319 sf), respectively, and a further modification in the 1 area of the existing Casual Male store (see Figures 3 and 4) to add 7,206 sf in a new 31 B -25 I n 1 LJ Mrs. Lawna Munholland March 23, 2011 Page 3 building for replacement of that store plus two added retail spaces. The resulting center floor area would become 239,364 sf. Beyond those changes, this parking study accounts for re- occupancy of the remaining portion of vacant center space with 2,357 sf of retail, 8,500 sf of restaurant, and 3,738 sf of medical office. The proposed Project includes modifications to the existing surface lot in the Casual Male building area, which will result in a net reduction of 3 spaces. Based on planned restriping west of Tiffany 2000 and north of Bally's Total Fitness, 4 parking spaces will also be added, thus restoring the future space count to the existing total of 1,227. PARKING SUPPLY - DEMAND ANALYSIS This parking analysis for the Metro Town Square involves determining the expected parking needs, based on full occupancy for the size and type of the future tenant mix and square footage tabulation, versus the planned parking supply. In general, there are three methods that can be used to estimate the site's peak parking needs. These methods have been used in this analysis and include: • Application of City code requirements (which typically treat each tenancy type as a "stand alone" use at maximum demand). • Application of shared parking usage patterns by time -of -day (which recognize that the parking demand for each tenancy type varies by time of day and day of week). The shared parking analysis starts with a code calculation for each tenancy type. • Existing parking demand surveys to determine the aggregate parking demand of current tenants, combined with application of shared parking evaluation methodologies for all proposed or existing vacant floor areas in the center. The shared parking methodology is concluded to be applicable to a development such as the Metro Town Square because the individual land use types (i.e., retail, restaurant/food uses, office, health club, etc) experience peak demands at different times of the day. CODE PARKING REQUIREMENTS The code parking calculation for Metro Town Square is based on the City's requirements as outlined in Chapter 41 — Zoning, Article XiW, Off - Street Parking of the 31 B -26 Mrs. Lawna Munholland March 23, 2011 Page 4 City of Santa Ana Municipal Code. The City's Municipal Code specifies the following parking requirements: ■ Retail stores and service uses: five (5) spaces per 1,000 sf of Gross Floor Area ' (GFA). ■ Restaurants, cafes, etc.: ten (10) spaces per 1,000 sf of GFA. t■ Office, business and professional: three (3) spaces per 1,000 sf of GFA. ■ Medical, dental, psychiatric and chiropractic offices and clinics: six (6) spaces ' per 1,000 sf of GFA. ■ Banks and financial institutions uses: four (4) spaces per 1,000 sf of GFA plus two (2) spaces per each walk -up automatic teller machine. • Exercise gyms, spas, health clubs, etc: Per Variance No. 00 -002, the parking requirement for Bally's at Metro Town Center is 6.3 spaces per 1,000 sf of GFA. ' Table 2 presents the existing code parking requirements for only occupied floor areas at the center, then for the total of existing vacancies, and then combined for the total center (prior to the proposed changes). Existing occupied buildings /suites in the center require 1,147 spaces, a number that is directly comparable to the field studied peak parking demands established in this study. Accounting for current vacancies (based on their historical tenancy type) adds a requirement of 221 spaces. Combining these results in a calculated code requirement of 1,368 spaces. The existing site has a supply of 1,226 spaces, which translates to a theoretical shortfall of 142 spaces when compared to city code requirements. Table 3 calculates the code parking requirements for the proposed future condition assuming a fully occupied center with anticipated project site modifications. The city code parking requirement for the fully occupied future condition is 1,466 spaces. Contrasting with an expected supply of 1,227 spaces reveals a theoretical shortfall of 239 spaces when compared to city code requirements. However, the specific tenancy mix of Metro Town Square provides an opportunity to share parking spaces based on the utilization profile of each included land use ' component. The following section calculates the parking requirements for Metro Town Square based on the shared parking methodology approach. P,rk t:: t n 2 €: sa. :rl a.cis. 31 B -27 Mrs. Lawna Munholland March 23, 2011 ' Page 5 ' SHARED PARKING A NALYSIS ' Shared Parking Methodology Accumulated experience in parking demand characteristics indicates that a mixing of ' land uses results in an overall parking need that is less than the sum of the individual peak requirements for each land use. Due to the existing and proposed mixed -use ' characteristics of Metro Town Square, opportunities to share parking now occur and can be expected to continue with the pending center modifications and full center floor area occupancy. The objective of this shared parking analysis is to forecast the M peak parking requirements for the project based on the combined demand patterns of different tenancy types at the site. Shared parking calculations recognize that different uses often experience individual peak parking demands at different times of day, or days of the week. When uses share common parking footprints, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day for weekdays versus weekend days), rather than individual peak ratios as represented in ' the City of Santa Ana Zoning Code. In that way, the shared parking approach starts from the City's own code ratios and results in the "design level" parking supply needs ' of a site. It should be noted that the "demand" results of the shared parking calculation are ' intended to be used directly for comparison to site supply. No further adjustments or contingency additions are needed because such contingencies are already built into the peak parking ratios and time of day profiles used in the calculation. There is an important common element between the traditional "code" and the shared parking calculation methodologies; the peak parking ratios or "highpoint" for each land use's parking profile typically equals the "code" parking ratio for that use. The analytical procedures for shared parking analyses are well documented in the Shared Parking, 2"d Edition publication by the Urban Land Institute (ULI). ' Shared parking calculations for Metro Town Square utilize hourly parking accumulations developed from field studies of single developments in free - standing settings, where travel by private auto is maximized. These characteristics permit the ' means for calculating peak parking needs when land use types are combined. Further, the shared parking approach illustrates how, at other than peak parking demand times, an increasing surplus of spaces will service the overall needs of the center. 31 B -28 ' Mrs. Lawna Munholland March 23, 2011 ' Page 6 IShared Parkin g Ratios and Profiles The hourly parking demand profiles (expressed in percent of peak demand) utilized in this analysis and applied to the Metro Town Square are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking, 2"d Edition. The ULI publication presents hourly parking demand profiles for nine (9) general land use categories: retail, fine & casual dining, family restaurant, fast -food restaurant, office, ' medical- dental office, bank and health club. These profiles of parking demand have been used directly, by land use type, in the analysis of this site. 1 Application of Shared Parking Methodology Tables 4 and 5 present the weekday and weekend (typically Saturday) parking demand profiles for Metro Town Square based on the shared parking methodology, assuming full occupancy of the center including pending changes. Those include addition of 7,206 sf to the existing Casual Male Big and Tall store, conversion of a portion of its vacant site retail to medical office and restaurant use (18,125 sf and 2,319 sf), respectively, and re- occupancy of the existing residual vacant space (2,357 sf of retail, 8,500 sf of restaurant, 3,738 sf of medical office). Review of Tables 4 and 5 indicates that the future full occupancy weekday and weekend peak parking demands will occur at 1:00PM and 11:00 AM with peak "design level" demands of 1,227 and 1,072 spaces, respectively. Based on the proposed parking supply of 1,227 spaces, the peak demand hours on a weekday will exactly balance "design level" demand and supply. On a weekend day (typically Saturday), the minimum surplus is projected to total 155 spaces. ACTUAL FIELD STUDY COMBINED WITH SHARED PARKING METHODOLOGY Key Parking Demand Field Study Findings The code calculations of Table 2 for existing (December 2010) tenancies at the site (1,147 spaces), contrast with the peak shared parking requirement for only those existing occupancies presented at the center of Tables 4 and 5 (948 spaces at 1:00 PM and 5:00 PM on a weekday and 780 spaces at 11 :00 AM on a weekend day), can further be compared to actual field- studied existing peak demands at Metro Town Square. 31 B -29 n Mrs. Lawna Munholland March 23, 2011 Page 7 Observed parking demand surveys were conducted hourly at the site (from 8:00 AM through 8:00 PM) by National Data and Surveying Services (NDS) on a Thursday, Friday and Saturday (November 18, 19 and December 4, 2010). It should be noted that on December 4, 2010, a Christmas Tree Lot was in operation within the parking lot in the vicinity of Baja Fish Tacos, near Bristol Street. To best depict typical (and in this case holiday) weekend conditions at the center, the existing Saturday counts utilized in this study tracked separately and have excluded all parked vehicles related to the Christmas Tree Lot sales. Appendix A contains the weekday and weekend survey data. The left portions of Tables 6, 7 and 8, present the actual site -wide parking demands observed throughout the center on the three field- studies days. As shown, actual Thursday demand peaked at noon with 605 spaces. The Friday peak was at Noon with 592 spaces. The code requirement of 1,147 spaces for existing tenancies at the site are roughly double the actual field- studied peak demand for those same tenancies. That field- studied demand also very comfortably fits the shared parking "design level" envelope of 948 spaces (from the center of Table 4 at 1:00 PM and 5:00 PM) for those same existing occupancies. So while the shared parking results represent a reduction from "pure code ", the conservancy of the shared parking approach is validated for predicting actual site parking needs. A similar comparison of actual demand on even a Christmas season Saturday (peak at 11:00 AM with 521 spaces) to the shared parking "design" peak of 797 spaces (actually one hour later at noon; see the center portion of Table S) is also very favorable. Actual Demands "Blended" with Shared Parking Application to Vacant Floor Area In order to illustrate likely actual future peak parking demands at Metro Town Square, utilization of the actual survey data for the existing tenancies has been combined with the parking demand within the ULI shared parking model for the proposed modification/expansion and vacant floor areas. Tables 6, 7 and 8 also present this approach. These add, to actual field- studied demands, the City code parking ratios and ULI time -of -day parking profiles for the expanded and vacant floor areas. Tables 6 and 7 consider a weekday (Thursday and Friday, respectively). In addition, Table 8 presents a similar evaluation for the weekend day (Saturday). Among the three scenarios, the minimum functional surplus is 392 spaces. S 1 i ! IWI t .u:_ 1.i. ,r. , ,t..ti „< . dr.' 'C a:k iii,< n 31 B -30 Mrs. Lawna Munholland March 23, 2011 1 Page 8 ' In considering and presenting actual existing parking demands our field study results ' ignore parking "poachers" at the site. Residents and visitors to the Versailles Apartment Homes were observed to use site parking lots near Plaza Drive for overflow residential parking. It is estimated that during the peak hours on Thursday, Friday and Saturday, the Versailles Apartment Homes represented approximately 29, 32 and 47 parked vehicles, respectively, within the field - studied existing demands at the center as reported in this study. Appendix B contains the weekday and weekend day shared parking analysis calculation ' worksheets. Based on LLG's experience, the results presented in Tables 6, 7 and 8 represent the ' most pragmatic approach to likely future parking conditions, and suggest that the future absolute peak parking "design level" needs of the site, at a calculated 1,227 spaces, and corresponding to a minimum 0 -space surplus (see Table 4) using the ' shared parking approach, provide an appropriate "code- like" basis to determine the site's future parking requirements. ' SUMMARY OF FINDINGS AND CONCLUSIONS ' 1. Metro Town Square is generally located at the southwest comer of Bristol Street and MacArthur Boulevard in the City of Santa Ana, California. The Metro Town ' Square is an existing mixed -use center of 232,158 sf, with a current vacancy of 35,039 sf, and an existing parking supply of 1,226 parking spaces. ' 2. This parking demand analysis evaluates a proposed future development and occupancy scenario, which includes the addition of 7,206 sf to the existing ' Casual Male Big and Tall store location, conversion of a portion of its vacant retail to medical office and restaurant use (18,125 sf and 2,319 sf), respectively and re- occupancy of the remaining existing vacancieswith 2,357 sf of retail, ' 8,500 sf of restaurant and 3,738 sf of medical office. A total of 1,227 parking spaces will be provided at completion of the proposed expansion. ' 3. Direct application of City parking codes to the existing and proposed mix of uses of Metro Town Square results in a total parking requirement of 1,466 parking ' spaces. With a proposed parking supply of 1,227 spaces, a code shortfall of 239 spaces is indicated. 31B -31 ' Mrs. Lawna Munholland March 23, 2011 ' Page 9 ' 4. Given the mix of center tenancies a shared parking analysis has been prepared and ' indicates that the proposed parking supply for Metro Town Square will be sufficient to meet the projected peak parking demands of existing and proposed uses. For the proposed condition, the weekday scenario will exactly balance ' "design level" demand and supply at the peak of the day. The weekend conditions is forecast to have a minimum surplus of 155 spaces. The shared parking template ' developed in this study is a recommended basis for evaluating any further tenancy or floor area adjustments to the on -going operations of Metro Town Square. ' 5. A "blended" analysis of actual parking demand for existing occupancies and a shared parking approach for vacant floor areas indicates that the future minimum functional surplus at Metro Town Square will be much greater. For the proposed ' tenancy mix, the weekday (Thursday and Friday) conditions are forecast to have a surplus of at least 392 spaces. The weekend (Saturday) condition is forecast to have ' a functional minimum surplus of 414 spaces. * * * * * * * * * * ' We appreciate the opportunity to prepare this analysis for Metro Town Square. Should you have any questions or need additional assistance, please do not hesitate to ' call me at (714) 641 -1587. ' Very truly yours, Linscott, Law & Greenspan, Engineers ' Attachments cc: ' file �I 3; ' Paul W. ilkinson, P.E. Principal ' Attachments cc: ' file �I 3; t tfttli —fl —Zl t +:K�tt •01 •N't- 1Ettlf� � NrN '��� � e+Mw+ — �140tt:1A6Hf \'� � m!n�wi ■ o w K!'� "4 �.�. 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Glut. 4"i Y TIMM =I 'a ' { "ri 3 y LE y Jj !wtea c �...� < Z N < W ~ N w 5< H O at N m V) u U J EXISTING DEVELOPMENT TOTALS PARKING RATE CODE REQUIRED PARKING RETAIL = 112,426 S.F. 5/1000 562 SPACES (89,625 S F. OCCUPIED. 22,8C1 S f VACANT) MEDICAL. z 29,4220 S.F. 6/1000 176 SPACES (25,692 S.F. OCCUPIED, 3,738 SF. VACANT) RES'AURANI _ 30,542 S.F. 10 / %O0C 30 SPACES (22.042 S.F. OCCUPIED, 8,500 S.F, VACANT) HANK = 15.100 SF OCCUPIED (7 WALK -UP TELLERS] 4/1000 ♦ 2 FOR 74 SPACES EACH WALT( -UP AUTOMAT,C TELLER HEALTH CLOEk � 35,57C S.F_ OCCUPIED 6 3/1000 224 SPACES OFF -CE - 9,100 S.F. OCCUP+ED 3 /I0CC 27 SPACES TtitA1 -. 232,155 S.F. 1,368 SPACES :3ils'r v j • :� for `' i�rflfl � a �I1 WGImm SLID >_ c �E i x } i _ -... '.ate AIE KEY FIGURE 2 - IDENTIFY RECENT MOGIF7CAT10NS TO EXISTING SITE PLAN BASED ON FIELD VERIFICATION 'T CONDUCTED BY LLD STAFF IN DECEMBER 2010 1� NO 5CAt c. EXISTING SITE PLAN MCTRO TOWN SQUARE, SANTA ANA 31 B -34 PROPOSED DEVELOPMENT TOTALS RETAIL - 92,888 S.F. MEDICAL - 47,545 S.F. RESTAURANT - 39,161 S.F. BANK - 15.100 S.F. (7 WALK--UP TELLERS) HEALTH CLUB - 35.570 S.F. OFFICE - 9,100 S.F. TOTAL - 239.364 S.F. flu 2 SPACES ADDED DUE TO PROPOSED RESTRIP I NO w4ww &V DUE TO PROPOSED RESTRIPING PROVIDED PARKING = 1.227 SPACES (1.181 REGULAR. 46 HANDICAP) U,=ITtMrT_T Tl:Til =Tm 7M - T 111ll 11; n �INf �IN�4��f1�-h � ' � mE 113UIL ANG MODIFICATION RESULTS IN THE LOSS OF 3 SPACES KEY �-PRCPCSED SITE MODIFICATION AREA FIGURE 3 (t. SCALE. MODIFICATIONS TO ExjSnNG SITE PLAN EXISTING SITE LAYOUT WITH NO PROPOSED MODIFICATION AREA METRO TOWN SQUARE, SANTA ANA 31 B-35 SHARED PARKING CODE REQUIRED REOPW A l PM PARKING RATE PARKING KDA� 5/IDOo 464 SPACES 419 SPACES 6/1000 285 SPACES 267 SPACES 10/1000 392 SPACES 309 SPACES 4/I000 + 2 FOR 74 SPACES 50 SPACES EACH WALK -UP AUTOMATIC TELLER 63/1000 224 SPACES 158 SPACES 3/1000 27 SPACES 24 SPACES 2 SPACES ADDED DUE TO PROPOSED RESTRIP I NO w4ww &V DUE TO PROPOSED RESTRIPING PROVIDED PARKING = 1.227 SPACES (1.181 REGULAR. 46 HANDICAP) U,=ITtMrT_T Tl:Til =Tm 7M - T 111ll 11; n �INf �IN�4��f1�-h � ' � mE 113UIL ANG MODIFICATION RESULTS IN THE LOSS OF 3 SPACES KEY �-PRCPCSED SITE MODIFICATION AREA FIGURE 3 (t. SCALE. MODIFICATIONS TO ExjSnNG SITE PLAN EXISTING SITE LAYOUT WITH NO PROPOSED MODIFICATION AREA METRO TOWN SQUARE, SANTA ANA 31 B-35 ' jolm6o 1102 -91 -fo 1111411 dol u.oy wyaw - Z61fo1Z \oo" \:u LU m . � r �JNI�kIVd �JNIISIX3 � � ` OIil)IUVd MU54 O NVIAIJ 3M�T�� 61, ZU- cc ectl v. Z a a W d Q H z z � oN Hw U Q w AU) O Q'i ~ QO w a E w F, a a N U O C) U w D O to W J Q U) O Z z rl TABLE 1 EXISTING LAND USE SUMMARY (NOVEMBER /DECEMBER 2010), METRO TOWN SQUARE, SANTA ANA Address Business Name Land Use Building Size (st) 3694 S. Bristol St VACANT Retail 1,164 sf 3696 S. Bristol St DVD Zone Retail 1,286 sf 3698 S. Bristol St VACANT Retail 1,450 sf 3640 S. Bristol St Han's Ice Cream and Deli Restaurant 1,154 sf 3642S. Bristol St Designer Closet Retail 1,125 sf 3644 S. Bristol St Western Federal Credit Union Retail 2,652 sf 3646S. Bristol St Citi Financial Services Retail 2,250 sf 3650 S. Bristol St Vons Retail 47,208 sf 3664 S. Bristol St Baja Fish Tacos Restaurant 2,546 sf 3666 S. Bristol St Kut N Beauty Retail 2,319 sf 3668 S. Bristol St Bonjour Nails Retail 1,220 sf 3672 S. Bristol St Jasper's Restaurant 3,383 sf 3674 S. Bristol St Imax Realty Retail 765 sf 3676 S. Bristol St Insurance Retail 725 sf 3680 S. Bristol St Storage Retail 5,018 sf 3686 S. Bristol St VACANT Retail 3,422 sf 3688A S. Bristol St VACANT Retail 1,428 sf 3688 S. Bristol St VACANT Retail 1,428 sf 3744 S. Bristol St VACANT Retail 1.428 sf 3742 S. Bristol St VACANT Retail 1,368 sf 3740A S. Bristol St Romantic Nails Retail 576 sf 3740 S. Bristol St VACANT Retail 1,413 sf 3738 S. Bristol St Newport Tailor Retail 1,043 sf 3736 S. Bristol St Dentistry Dental Office 2,028 sf 3734 S. Bristol St Cigar Shop Retail 1,272 sf 3732 S. Bristol St George's Thai Bistro Restaurant 3,830 sf 3752 S. Bristol St Storage Retail 850 sf 3719 S. Plaza Dr Leasing and Management Office Retail 1,300 sf 3719 S. Plaza Dr Spruce Grove Inc. Retail 1,625 sf 3731 S. Plaza Dr Plaza Medical Imaging Retail 4,267 sf 3735 S. Plaza Dr Jim's Shoe Repair Retail 582 sf 3739 S. Plaza Dr VACANT Retail 1,067 sf 3743 S. Plaza Dr VACANT Retail 2,343 sf 3747 S. Plaza Dr Chanteh Design Retail 667 sf 3751 S. Plaza Dr VACANT Retail 1,250 sf 3755 S. Plaza Dr VACANT Retail 1,500 sf Source: Metro Town Square Property Management (12- 10 -10). 31 B -37 1 L L i TABLE 1 (CONTINUED) EXISTING LAND USE SUMMARY(NOVEMBER /DECEMBER 2010r METRO TOWN SQUARE, SANTA ANA Address Business Name Land Use Building Size (sf) 3759 S. Plaza Dr Tiffany 2000 Retail 1,513 sf 3763 S. Plaza Dr VACANT Retail 700 sf 3767 S. Plaza Dr Accent Cleaners Retail 1,768 sf 3771 S. Plaza Dr VACANT Retail 2,112 sf 3775 S. Plaza Dr Maly's West Retail 2,746 sf 3780 S. Plaza Dr VACANT Retail 728 sf 3785 S. Plaza Dr I" Team Retail 4,054 sf 3600 S. Bristol St Chase Bank 9,100 sf 3600 S. Bristol St Chase Office 9,100 sf 3608 S. Bristol St South Coast Winery Restaurant 8,493 sf 3638 S. Bristol St Casual Male Big and Tall Retail 2,794 sf 3701 S. Plaza Dr Bally's Total Fitness Health Club 35,570 sf 3710S. Bristol St Jack in the Box Restaurant 2,636 sf 3730 S. Bristol St Bank of America Bank 6,000 sf 3620 S. Bristol St 3 Story MOB MOB 23,654 sf 3620 S. Bristol St VACANT MOB 3,738 sf 1500 W MacArthur Blvd VACANT Restaurant 8,500 sf Summary: Total Occupied Retail Square Footage 83,757 sf Total Occupied Restaurant Square Footage 22,042 sf Total Occupied Office Square Footage 9,100 sf Total Occupied Medical Office Building Square Footage 25,682 sf Total Occupied Bank Square Footage 15,100 sf Total Occupied Health Club Square Footage, 35,570 sf Total Occupied Permanent Storage Square Footage 5,868 sf Vacant Retail Square Footage 22,801 sf Vacant Restaurant Square Footage 8,500 sf Vacant Medical Office Building Square Footage, 3,738 sf TOTAL OCCUPIED EXISTING SITE SQUARE FOOTAGE 197,119 sf TOTAL VACANT EXISTING SITE SQUARE FOOTAGE 35,039 sf TOTAL EXISTING SITE SQUARE FOOTAGE 232,158 sf ' z Source: Metro Town Square Property Management (12- 10 -10). 31 B -38 ' TABLE 2 t EXISTING (NOVEMBER /DECEMBER 2010) CRY CODE PARKING REQUIREMENT METRO TOWN SQUARE, SANTA ANA �I 3 Source: City of Santa Ana Municipal Code, Chapter 41 — Zoning, Article Xi' Off - Street Parking. ' ° Seven (7) walk -up automatic tellers are currently located on -site. 31 B -39 City of Santa Ana Spaces Land Use Size Code Parking RatiO3 Required Retail stores and service 83,757 sf 5 spaces per 1,000 sf of GFA. 419 Restaurant, cafes, etc. 22,042 sf 10 spaces per 1,000 sf of GFA. 220 Offices, business and professional 9,100 sf 3 spaces per 1,000 sf of GFA. 27 Medical, dental, psychiatric and chiropractic offices and clinics 25,682 sf 6 spaces per 1,000 sf of GFA. 154 Bank and financial institutions' 15,100 sf 4 spaces per 1,000 sf of GFA plus 2 spaces for each 74 walk -up automatic teller machine. Exercise gyms, spas, health clubs, 35,570 sf 6.3 spaces per 1000 sf of GFA based on Variance etc. No. 00 -02 224 Permanent Storage Area 5,868 sf 5 spaces per 1,000 sf of GFA. 29 Vacant (Retail) 22,801 sf 5 spaces per 1,000 sf of GFA. 114 Vacant (Restaurant) 8,500 sf 10 spaces per 1,000 sf of GFA. 85 Vacant (MOB) 3,738 sf 6 spaces per 1,000 sf of GFA. 22 TOTAL: 232,158 sf TOTAL: 1,368 A. TOTAL OCCUPIED PARKING CODE REQUIREMENT 1,147 B. TOTAL VACANT PARKING CODE REQUIREMENT 221 C. TOTAL PARKING CODE REQUIREMENT BASED ON FULL OCCUPANCY 1,368 D. TOTAL EXISTING PARKING SUPPLY 1,226 E. PARKING SURPLUS/DEFICIENCY ( + / -) BASED ON FULL OCCUPANCY (D — C) -142 3 Source: City of Santa Ana Municipal Code, Chapter 41 — Zoning, Article Xi' Off - Street Parking. ' ° Seven (7) walk -up automatic tellers are currently located on -site. 31 B -39 J TABLE 3 CITY CODE PARKING REQUIREMENT BASED ON PROPOSED FLOOR AREA AND TENANCY ADJUSTMENTS METRO TOWN SQUARE, SANTA ANA Land Use Size Retail stores and service 83,757 sf Restaurant, cafes, etc. 22,042 sf Offices, business and professional 9,100 sf Medical, dental, psychiatric and 25,682 sf chiropractic offices and clinics Bank and financial institutions6 15,100 sf Exercise gyms, spas, health clubs, 35,570 sf etc. Permanent Storage Area 5,868 sf Vacant (Retail) 2,357 sf Vacant (Retail) Converted to MOB 18,125 sf Vacant (Restaurant) 8,500 sf Vacant (Retail) Converted to 2,319 sf Restaurant Vacant (MOB) 3,738 sf Casual Male Building Modification (Net Added Retail) 906 sf Casual Male Building Modification 6,300 sf (Net Added Restaurant) City of Santa Ana Code Parking Ratios 5 spaces per 1,000 sf of GFA. 10 spaces per 1,000 sf of GFA 3 spaces per 1,000 sf of GFA. 6 spaces per 1,000 sf of GFA. 4 spaces per 1,000 sf of GFA plus 2 spaces for each walk -up automatic teller machine. 6.3 spaces per 1000 sf of GFA based on Variance No. 00 -02 5 spaces per 1,000 sf of GFA. 5 spaces per 1,000 sf of GFA. 6 spaces per 1,000 sf of GFA. 10 spaces per 1,000 sf of GFA. Spaces Required 419 220 27 154 74 224 29 12 109 85 10 spaces per 1,000 sf of GFA. 1 23 6 spaces per 1,000 sf of GFA. 5 spaces per 1,000 sf of GFA. 10 spaces per 1,000 sf of GFA. TOTAL: 1239,364 sf I TOTAL: A. TOTAL PARKING CODE REQUIREMENT BASED ON FULL OCCUPANCY INCLUDING ADJUSTMENTS B. TOTAL PROPOSED PARKING SUPPLY C. PARKING SURPLUS/DEFICIENCY ( + / -) BASED ON FULL OCCUPANCY INCLUDING ADJUSTMENTS (B — A) t S Source: City of Santa Ana Municipal Code, Chapter 41 — Zoning, Article XV Off - Street Parking. 6 Seven (7) walk -up automatic tellers are currently located on -site. 31 B -40 22 5 63 1,466 1,466 1,227 -239 O 3: "i A Ic E E 3L 1 i - s� n 6 o z 8 o CL C) 13 W Pi x is iE u 4 V j qL - ----- — ----- ----- ----- -- E L Ei L 4-1 CL ca s gie' Q `' h i ig• Nv vii to oo h d EhC vhf w aq �p r e- �b G F L '7 SO N M v1 M ifi M N h N M PA it h cn in 3 — N M et et N V v v v v `t v 0 >ga y N a 00 — N N N lN4 N ^ N — h M N Allit >wCie ° a z� in ND 0 M O � r„ C y� O E E N th •O O .. .-- O' z ,D IN O N N N V w 'fl � cl 1 31 B-43 e 3 C i q w 1 4 i 1 y 1 1 1 � 1 1 1 1 ' t I a v v 4 4 N 31 B -44 'O s c �E c d v a„ IS. 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N M sr h �O t� 00 i :MA i APPENDIX A EXISTING PARKING COUNT WORKSHEETS 31 B -47 ' W r m N uS -d d N A{p m M to H i i m 7 m 7 d 7 '7 U x T U_ r N � x C Y = L a � L N U CCl6 ca U N m LL U S W U x O U x U U x m U x Q Nom. -bMNMN N M M N m �--0 N N N A m m m m d m M m A O O O d Q m A N m m T LLi O O O O N O O O N CO 0 O 01_+__ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1+1+1 0 0 0 0 0 0 00 - O N 0 0 0 0 0 O.-0 00- 000000 0 0 N W N M N A M m M m A N N M N N M N O M N 0 0 0 0 0 0 0 0 0 0 0 0 N M N N vv M N N W N M M m m m d N O O N m N O W d M d M W d d Yf M m h a0 NO a0n�n m m 00 min TT 0 0 0 0 0 0 0 0 0 0 0 0 0o m 0 N d W N d n O W m m m 0 r n t[1 m r r m N W r m Q m Y'I W Q m d M N M d M .- W Nd �SadYN�'rQNm N 000� 0 .- MOOO�oo 0 0 0 0 0 m N M Q N� O< h tm0 d M M 0 0 0 0 0 -1-1- 0 0 0 0 0 Q N M d O m 0 m A d m m oM QM�pnm O Q�na IA N N E N Q M LL) m 6f W m T m m A S 0000. 0 O - 00000000 cy 0 - 0 0 0 0 W N d S< m Q d Q Q N N O _N O _m Q Qp z- i � i p 2 i m CL CL O S O S O S S O S O OD 7 .o 7 7 d N U 2 x V x U x LL U x W U 2 O U i U U x m U x Q Q m W M N m m m LL9 m d r M d d m LL'1 N Q d m 4'i m d M 0 0 •- � N M M N � d M N N d m m m m r m r r m O O O d Q m A N m m T LLi O O O O Q N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O.-0 00- 000000 0 0 O O n N Q m N m m r m O O�'- OOOO OOOOO h S r r 7 mM M nN N N M m m m d N O O N m N O W d M d M W d d Yf M m h N M m min TT 0 0 0 0 0 0 0 0 0 0 0 0 0o m N M h O O m r m m r m 0 � r r N m m m m Mw m h M m Y'I W Q m d M N M d M .- '- N N N N 0 0 0 0 0 0 0 0 0 0 0 0 N N Q d M 0 m m m N m N m 0 o o o 0 0 0 0 0 0 0 o 0 mmc°�mr�mQ�nmm�m 0 0 N 0 0 0 0 0 0 0 oM QM�pnm O Q�na IA N N E M Q mM m aA0 m 6f W m T m m A S 0000y 0 O .- o{op000000 cy 0 - 0 0 0 0 W N d S< m Q d Q Q N N O c c Z S S Q Z �C 'QQQOQQQOg$$gSOSSSooS m W - �N MQ hm rm 1 31 B -48 0 O r m iff O Q m N M � m m E x oo p O W r M O� m N N O OMf b N m N M d -Id d m N d d M M M N m "1 7 m d 7 U� i U S x x U 2 U S LL U x W U x U 2 U U 2 m U x Q O 2 N CSS Q n QQp Za-mf O O Q o N S S O S O S S S d m m m m r m r r m O O O d Q m A N m m T LLi O O O O Q N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N Q h N LLN5 � m N Y a N N N d M d M W d d Yf M m h min TT 0 O W m M VI o r W h pp M m Y'I W Q m d M N M d M .- '- N N N N 0 0 0 0 0 0 0 0 0 0 0 0 �MmU7 M d Q dYJ QM MN 0 0 0 0 N 0 0 0 0 0 0 0 m d m m O N r IA N N E N M M M M r 0 0 0 O N cy 0 - 0 0 0 0 O p p 0 0 0 0 0 0 0 0 0 0 d N N tm'1 fW7 id ti V l`W] U) V Y N M n m d O A m m A m m 0 0 1010110101- 0 0 0 0 M m o m M d N n N M Q M u1 d M N r O 2 N CSS Q n QQp Za-mf O O Q o N S S O S O S S S u APPENDIX B ULI PARKING CALCULATION WORKSHEETS 1 t 1 1 31 B -49 t I I Appendix Table B -1 SHOPPING CENTER (TYPICAL DAYS) WEEKDAY SHARED PARKING DEMAND ANALYSIS 11] Metro Town Square, Santa Ana Land Use Occupied Shopping Center (Typical Days) Size Pkg Rate[2] 83.757 KSF 5 /KSF Shared Parking Demand Gross Spaces 419 Spaces 338 Guest Spc. 81 Em p. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 14% 47 36% 29 76 9:00 AM 32% 108 68% 55 163 10:00 AM 59% 199 77% 62 261 11:00 AM 77% 260 86% 70 330 12:00 PM 86% 291 90% 73 364 1:00 PM 90% 304 90% 73 377 2:00 PM 86% 291 90% 73 364 3:00 PM 81% 274 90% 73 347 4:00 PM 81% 274 90% 73 347 5:00 PM 86% 291 86% 70 361 6:00 PM 86% 291 86% 70 361 7:00 PM 86% 291 86% 70 361 8:00 PM 72% 243 81% 1 66 309 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. 1 31 B -50 F1 Appendix Table B -2 SHOPPING CENTER (TYPICAL DAYS) WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Occupied Shopping Center (Typical Days) Size Pkg Rate[2] 83.757 KSF 5 /KSF Shared Parking Demand Gross Spaces 419 Spaces 335 Guest Spc. 84 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8 :00 AM 10% 34 40% 34 68 9:00 AM 30% 101 75% 63 164 10:00 AM 50% 168 85% 71 239 11:00 AM 65% 218 95% 80 298 12:00 PM 80% 268 100% 84 352 1:00 PM 90% 302 100% 84 386 2:00 PM 100% 335 100% 84 419 3:00 PM 100% 335 100% 84 419 4:00 PM 95% 318 100% 84 402 5:00 PM 90% 302 95% 80 382 6:00 PM 80% 268 85% 71 339 7:00 PM 75% 251 80% 67 318 8:00 PM 65% 218 75% 63 281 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express ' percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. 31 B -51 ri 17 t Appendix Table B -3 FINEXASUAL DINING WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Fine /Casual Dining Size Pkg Rate[2] 8.493 KSF 10 /KSF Shared Parking Demand Gross Spaces 85 Spaces 72 Guest Spc. 13 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 0% 0 45% 6 6 9:00 AM 0% 0 68% 9 9 10:00 AM 14% 10 81% 11 21 11:00 AM 36% 26 81% 11 37 12:00 PM 68% 49 81% 11 60 1:00 PM 68% 49 81% 11 60 2:00 PM 59% 42 81% 11 53 3:00 PM 36% 26 68% 9 35 4:00 PM 45% 32 68% 9 41 5:00 PM 68% 49 90% 12 61 6:00 PM 86% 62 90% 12 74 7:00 PM 90% 65 90% 12 77 8:00 PM 900/0 65 90% 12 77 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. I 1 F1 t Appendix Table B-4 FINEXASUAL DINING WEEKEND SHARED PARKING DEMAND ANALYSIS [11 Metro Town Square, Santa Ana Land Use Fine /Casual Dining Size Pkg Rate [21 8.493 KSF - 10 /KSF Shared Parking Demand Gross Spaces 85 Spaces 72 Guest Spc. 13 Emp. Spc. Time of Day % Of Peak 131 # Of Spaces % Of Peak [31 # Of Spaces 8:00 AM 0% 0 30% 4 4 9:00 AM 0% 0 60% 8 8 10:00 AM 0% 0 75% 10 10 11:00 AM 15% 11 75% 10 21 12:00 PM 50% 36 75% 10 46 1:00 PM 55% 40 75% 10 50 2:00 PM 45% 32 75% 10 42 3:00 PM 45% 32 75% 10 42 4:00 PM 45% 32 75% 10 42 5:00 PM 60% 43 100% 13 56 6:00 PM 90% 65 100% 13 78 7:00 PM 95% 68 100% 13 81 8:00 PM 100% 72 100% 13 85 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express ' percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [31 Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. 1 31 B -53 1 t J Appendix Table B -5 FAMILY RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Occupied Family Restaurant Size Pkg Rate[2] 7.213 KSF 10 /KSF Shared Parking Demand Gross Spaces 72 Spaces 62 Guest Spc. 10 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 42% 26 63% 6 32 9:00 AM 53% 33 63% 6 39 10:00 AM 60% 37 70% 7 44 11:00 AM 63% 39 70% 7 46 12:00 PM 70% 43 70% 7 50 1:00 PM 63% 39 70% 7 46 2:00 PM 35% 22 70% 7 29 3:00 PM 32% 20 53% 5 25 4:00 PM 32% 20 53% 5 25 5:00 PM 53% 33 67% 7 40 6:00 PM 56% 35 67% 7 42 7:00 PM 56% 35 67% 7 42 8:00 PM 56% 35 67% 7 42 Notes: ' [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express 1 percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. 31 B -54 I� t t 1 J Appendix Table B -6 FAMILY RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [11 Metro Town Square, Santa Ana Land Use Occupied Family Restaurant Size Pkg Rate[21 7.213 KSF 10 /KSF Shared Parking Demand Gross Spaces 72 Spaces 61 Guest Spc. 11 Emp. Spc. Time of Day % Of Peak [31 # Of Spaces % Of Peak [31 # Of Spaces 8:00 AM 45% 27 90% 10 37 9:00 AM 70% 43 90% 10 53 10 :00 AM 90% 55 100% 11 66 11:00 AM 90% 55 100% 11 66 12:00 PM 100% 61 100% 11 72 1:00 PM 85% 52 100% 11 63 2:00 PM 65% 40 100% 11 51 3:00 PM 40% 24 75% 8 32 4:00 PM 45% 27 75% 8 35 5:00 PM 60% 37 95% LO 47 6:00 PM 70% 43 95% 10 53 7:00 PM 70% 43 95% 10 53 8:00 PM 65% 40 95% 10 50 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. 31 B -55 F1 t J Appendix Table B -7 FAST -FOOD RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Fast -Food Restaurant Size Pkg Rate[2] 6.336 KSF 10 /KSF Shared Parking Demand Gross Spaces 63 Spaces 54 Guest Spc. 9 Emp. Spc, Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 20% 11 30% 3 14 9:00 AM 30% 16 40% 4 20 10:00 AM 55% 30 75% 7 37 11:00 AM 85% 46 100% 9 55 12:00 PM 100% 54 100% 9 63 1:00 PM 100% 54 100% 9 63 2:00 PM 90% 49 95% 9 58 3:00 PM 60% 32 70% 6 38 4:00 PM 55% 30 60% 5 35 5:00 PM 60% 32 70% 6 38 6:00 PM 85% 46 90% 8 54 7:00 PM 80% 43 90% 8 51 8:00 PM 11 50% 27 60% 5 32 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express ' percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. IM161, �1 J Appendix Table B -8 FAST -FOOD RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Fast -Food Restaurant Size Pkg Rate[2] 6.336 KSF 10 /KSF Shared Parking Demand Gross Spaces 63 Spaces 54 Guest Spc. 9 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3[ # Of Spaces 8:00 AM 19% 10 28% 3 13 9:00 AM 28% 15 37% 3 18 10:00 AM 51% 28 70% 6 34 11:00 AM 79% 43 93% 8 51 12:00 PM 93% 50 93% 8 58 1:00 PM 93% 50 93% 8 58 2:00 PM 84% 45 89% 8 53 3:00 PM 56% 30 65% 6 36 4:00 PM 51% 28 56% 5 33 5:00 PM 56% 30 65% 6 36 6:00 PM 79% 43 84% 8 51 7:00 PM 75% 41 84% 8 49 8:00 PM 47% 25 56% 5 30 Notes: ' [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. I 31 B -57 F� Appendix Table B -9 OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Office Size Pkg Rate[2] 9.100 KSF 3 /KSF Shared Parking Demand Gross Spaces 27 Spaces 2 Visitor Spc. 25 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 20% 0 75% 19 19 9:00 AM 60% 1 95% 24 25 10:00 AM 100% 2 100% 25 27 11:00 AM 45% 1 100% 25 26 12:00 PM 15% 0 90% 23 23 1:00 PM 45% 1 90% 23 24 2:00 PM 100% 2 100% 25 27 3:00 PM 45% 1 100% 25 26 4:00 PM 15% 0 90% 23 23 5:00 PM 10% 0 50% 13 13 6:00 PM 5% 0 25% 6 6 7:00 PM 2% 0 10% 3 3 8:00 PM 1% 0 7% 2 2 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express ' percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. 'l I Appendix Table B -10 OFFICE WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Office Size Pkg Rate[21 9.100 KSF 3 /KSF Shared Parking Demand Gross Spaces 27 Spaces 2 Visitor Spc. 25 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 6% 0 6% 2 2 9:00 AM 8% 0 8% 2 2 10:00 AM 9% 0 9% 2 2 11:00 AM 10% 0 10% 3 3 12:00 PM 9% 0 9% 2 2 1:00 PM 8% 0 8% 2 2 2:00 PM 6% 0 6% 2 2 3:00 PM 4% 0 4% 1 1 4:00 PM 2% 0 2% 1 1 5:00 PM 1% 0 1% 0 0 6:00 PM 1% 0 1% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 1 0 0 Notes: ' [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. J F� u Appendix Table B -11 MEDICALIDENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Occupied Medical/Dentai Office Size Pkg Rate[2] 25.682 KSF 6 /KSF Shared Parking Demand Gross Spaces 154 Spaces 103 Visitor Spc. 51 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 90% 93 60% 31 124 9:00 AM 90% 93 100% 51 144 10:00 AM 100% 103 100% 51 154 11:00 AM 100% 103 100% 51 154 12:00 PM 30% 31 100% 51 82 1:00 PM 90% 93 100% 51 144 2:00 PM 100% 103 100% 51 154 3:00 PM 100% 103 100% 51 154 4:00 PM 90% 93 100% 51 144 5:00 PM 80% 82 100% 51 133 6:00 PM 67% 69 67% 34 103 7:00 PM 30% 31 30% 15 46 8:00 PM 15% 15 15% 8 23 Notes: ' [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express ' percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. LI t 1 t t Appendix Table B -12 MEDICAUDENTAL OFFICE WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Occupied Medical/Dental Office Size Pkg Rate[2] 25.682 KSF 6 /KSF Shared Parking Demand Gross Spaces 154 Spaces 103 Visitor Spc. 51 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 90% 93 60% 31 124 9:00 AM 90% 93 100% 51 144 10:00 AM 100% 103 100% 51 154 11:00 AM 100% 103 100% 51 154 12:00 PM 30% 31 100% 51 82 1:00 PM 0% 0 0% 0 0 2:00 PM 0% 0 0% 0 0 3:00 PM 0% 0 0% 0 0 4:00 PM 0% 0 0% 0 0 5:00 PM 0% 0 0% 0 0 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 Notes: ' [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [21 Parking rates for all land uses based on ULI procedure normalized to express ' percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. t :s C I ri Appendix Table B -13 BANK WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Bank Size Pkg Rate[2] 15.100 KSF 4 /KSF Shared Parking Demand Gross Spaces 74 Spaces 48 Visitor Spc. 26 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 50% 24 60% 16 40 9:00 AM 90% 43 100% 26 69 10:00 AM 100% 48 100% 26 74 11:00 AM 50% 24 100% 26 50 12:00 PM 50% 24 100% 26 50 1:00 PM 50% 24 100% 26 50 2:00 PM 70% 34 100% 26 60 3:00 PM 50% 24 100% 26 50 4:00 PM 80% 38 100% 26 64 5:00 PM 100% 48 100% 26 74 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% j 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. 1 C Cl Appendix Table B -14 BANK WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Bank Size Pkg Rate[21 15.100 KSF 4 /KSF Shared Parking Demand Gross Spaces 74 Spaces 48 Visitor Spc. 26 Emp. Spc. Time of Day % Of Peak 131 # Of Spaces % Of Peak [3I # Of Spaces 8:00 AM 25% 12 90% 23 35 9:00 AM 40% 19 100% 26 45 10:00 AM 75% 36 100% 26 62 11:00 AM 100% 48 100% 26 74 12:00 PM 90% 43 100% 26 69 1:00 PM 0% 0 0% 0 0 2:00 PM 0% 0 0% 0 0 3:00 PM 0% 0 0% 0 0 4:00 PM 0% 0 0% 0 0 5:00 PM 0% 0 0% 0 0 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 Notes: ' [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee ' [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. L IT• Appendix Table B -15 HEALTH CLUB WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Health Club Size Pkg Rate[2] 35.570 KSF 6 /KSF Shared Gross Spaces 224 Spaces 211 Guest Spc. 13 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces Parking Demand 8:00 AM 40% 84 75% 10 94 9:00 AM 70% 148 75% 10 158 10:00 AM 70% 148 75% 10 158 11:00 AM 80% 169 75% 10 179 12:00 PM 60% 127 75% 10 137 1:00 PM 70% 148 75% 10 158 2:00 PM 70% 148 75% 10 158 3:00 PM 70% 148 75% 10 158 4:00 PM 80% 169 75% 10 179 5:00 PM 90% 190 100% 13 203 6:00 PM 100% 211 100% 13 224 7:00 PM 90% 190 75% 10 200 8:00 PM 80% 169 50% 7 176 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. jil•� s Appendix Table B -16 HEALTH CLUB WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Health Club Size Pkg Rate[2] 35.570 KSF 6 /KSF Shared Parking Demand Gross Spaces 224 Spaces 214 Guest Spc. 10 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 29% 62 41% 4 66 9:00 AM 41% 88 41% 4 92 10:00 AM 29% 62 41% 4 66 11:00 AM 41% 88 41% 4 92 12:00 PM 41% 88 41% 4 92 1:00 PM 25% 54 41% 4 58 2:00 PM 21% 45 41% 4 49 3:00 PM 25% 54 41% 4 58 4 :00 PM 45% 96 62% 6 102 5:00 PM 82% 175 82% 8 183 OP 78% 167 82% 8 175 7:00 PM 49% 105 62% 6 111 8:00 PM 25% 1 54 j 41% 4 58 Notes: [ 1 ] Source: ULI -Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. t I Appendix Table s -17 SHOPPING CENTER (TYPICAL DAYS) WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town .Square, Santa Ana Land Use Occupied Storage Shopping Center (Typical Days) Size Pkg Rate[2] 5.868 KSF 1 5 /KSF Shared Parking Demand Gross Spaces 29 Spaces 23 Guest Spc. 6 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 14% 3 36% 2 5 9:00 AM 32% 7 68% 4 11 10:00 AM 59% 14 77% 5 19 11:00 AM 77% 18 86% 5 23 12:00 PM 86% 20 90% 5 25 1:00 PM 90% 21 90% 5 26 2:00 PM 86% 20 90% 5 25 3:00 PM 81% 19 90% 5 24 4:00 PM 81% 19 90% 5 24 5:00 PM 86% 20 86% 5 25 6:00 PM 86% 20 86% 5 25 7:00 PM 86% 20 86% 5 25 8:00 PM 72% 17 81% 5 22 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. IT• •� t F7 Ll I I Appendix Table 1348 SHOPPING CENTER (TYPICAL DAYS) WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Occupied Storage Shopping Center (Typical Days) Size Pkg Rate[2] 5.868 KSF 5 /KSF Shared Parking Demand Gross Spaces 29 Spaces 23 Guest Spc. 6 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 10% 2 40% 2 4 9:00 AM 30% 7 75% 5 12 10:00 AM 50% 12 85% 5 17 11:00 AM 65% 15 95% 6 21 12:00 PM 80% 18 100% 6 24 1:00 PM 90% 21 100% 6 27 2:00 PM 100% 23 100% 6 29 3:00 PM 100% 23 100% 6 29 4:00 PM 95% 22 100% 6 28 5:00 PM 90% 21 95% 6 27 6:00 PM 80% 18 85% 5 23 7:00 PM 75% 1 17 80% 1 5 22 8:00 PM 65% 15 75% 5 20 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. :� II r n u I Fi I Appendix Table B -19 SHOPPING CENTER (TYPICAL DAYS) WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Vacant Shopping Center (Typical Days) Size Pkg Rate[2] 2.357 KSF 5 /KSF Shared Parking Demand Gross Spaces 12 Spaces 10 Guest Spc. 2 Em p. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 14% 1 36% 1 2 9:00 AM 32% 3 68% 1 4 10:00 AM 59% 6 77% 2 8 11:00 AM 77% 8 86% 2 10 12:00 PM 86% 9 90% 2 11 1:00 PM 90% 9 90% 2 11 2:00 PM 86% 9 90% 2 11 3:00 PM 81% 8 90% 2 10 4:00 PM 81% 8 90% 2 10 5:00 PM 86% 9 86% 2 11 6:00 PM 86% 9 86% 2 11 7:00 PM 86% 9 86% 2 11 8:00 PM 72% 7 81% 2 9 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. IT • 1� 1 i Appendix Table B -20 SHOPPING CENTER (TYPICAL DAYS) WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Vacant Shopping Center (Typical Days) Size Pkg Rate[21 2.357 KSF 5 /KSF Shared Parking Demand Gross Spaces 12 Spaces 10 Guest Spc. 2 Emp. Spc. Time of Day % Of Peak [31 # Of Spaces % Of Peak [31 # Of Spaces 8:00 AM 10% 1 40% 1 2 9:00 AM 30% 3 75% 2 5 10:00 AM 50% 5 85% 2 7 11:00 AM 65% 7 95% 2 9 12:00 PM 80% 8 100% 2 10 1:00 PM 90% 9 100% 2 11 2:00 PM 100% 10 100% 2 12 3:00 PM 100% 10 100% 2 12 4:00 PM 95% 10 100% 2 12 5:00 PM 90% 9 95% 2 11 6:00 PM 80% 8 85% 2 10 7:00 PM 75% 8 80% 2 10 8:00 PM 65% 7 75% 2 9 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. Lo I Appendix Table B -21 MEDICAUDENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Medical/Dental Office Size Pkg Rate[2] 18.125 KSF 6 /KSF Shared Parking Demand Gross Spaces 109 Spaces 73 Visitor Spc. 36 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [31 # Of Spaces 8:00 AM 90% 66 60% 22 88 9:00 AM 90% 66 100% 36 102 10:00 AM 100% 73 100% 36 109 11 :00 AM 100% 73 100% 36 109 12:00 PM 30% 22 100% 36 58 1:00 PM 90% 66 100% 36 102 2:00 PM 100% 73 100% 36 109 3:00 PM 100% 73 100% 36 109 4:00 PM 90% 66 100% 36 102 5:00 PM 80% 58 100% 36 94 6:00 PM 67% 49 67% 24 73 7:00 PM 30% 1 22 30% 11 33 8:00 PM 15% 11 15% 5 16 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. Ji LI r I - I Appendix Table B -22 MEDICAUDENTAL OFFICE WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Medical/Dental Office Size Pkg Rate[2] 18.125 KSF 6 /KSF Shared Parking Demand Gross Spaces 109 Spaces 73 Visitor Spc. 36 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 90% 66 60% 22 88 9:00 AM 90% 66 100% 36 102 10:00 AM 100% 73 100% 36 109 11:00 AM 100% 73 100% 36 109 12:00 PM 30% 22 100% 36 58 1:00 PM 0% 0 0% 0 0 2 :00 PM 0% 0 0% 0 0 3:00 PM 0% 0 0% 0 0 4:00 PM 0% 0 0% 0 0 5:00 PM 0% 0 0% 0 0 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express 1 percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. 31B -71 t 1 11 Appendix Table B -23 FAMILY RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Vacant Family Restaurant Size Pkg Rate[2] 8.500 KSF 10 /KSF Shared Parking Demand Gross Spaces 85 Spaces 73 Guest Spc. 12 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 42% 31 63% 8 39 9:00 AM 53% 39 63% 8 47 10:00 AM 60% 44 70% 8 52 11:00 AM 63% 46 70% 8 54 12:00 PM 70% 51 70% 8 59 1:00 PM 63% 46 70% 8 54 2:00 PM 35% 26 70% 8 34 3:00 PM 32% 23 53% 6 29 4:00 PM 32% 23 53% 6 29 5:00 PM 53% 39 67% 8 47 6:00 PM 56% 41 67% 8 49 7:00 PM 56% 41 67% 8 49 8:00 PM 56% 41 67% 8 49 Notes: [ 1] Source: ULI -Urban Land institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. 1 31 B -72 t t t i Appendix Table B -24 FAMILY RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [1) Metro Town Square, Santa Ana Land Use Vacant Family Restaurant Size Pkg Rate[21 8.500 KSF 10 /KSF Shared Parking Demand Gross Spaces 85 Spaces 72 Guest Spc. 13 Emp. Spc. Time of Day % Of Peak [31 # Of Spaces % Of Peak [31 # Of Spaces 8:00 AM 45% 32 90% 12 44 9:00 AM 70% 50 90% 12 62 10:00 AM 90% 65 100% 13 78 11:00 AM 90% 65 100% 13 78 12:00 PM 100% 72 100% 13 85 1:00 PM 85% 61 100% 13 74 2:00 PM 65% 47 100% 13 60 3:00 PM 40% 29 75% 10 39 4:00 PM 45% 32 75% 10 42 5:00 PM 60% 43 95% 12 55 6:00 PM 70% 50 95% 12 62 7:00 PM 70% 50 95% 12 62 8:00 PM 65% 47 95% 12 59 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. 31 B -73 t LJ n Appendix Table B -25 FAST -FOOD RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Fast -Food Restaurant Size Pkg Rate[2] 2.319 KSF 10 /KSF Shared Parking Demand Gross Spaces 23 Spaces 20 Guest Spc. 3 Em p. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 20% 4 30% 1 5 9:00 AM 30% 6 40% 1 7 10:00 AM 55% 11 75% 2 13 11:00 AM 85% 17 100% 3 20 12:00 PM 100% 20 100% 3 23 1:00 PM 100% 20 100% 3 23 2:00 PM 90% 18 95% 3 21 3:00 PM 60% 12 70% 2 14 4:00 PM 55% 11 60% 2 13 5:00 PM 60% 12 70% 2 14 6:00 PM 85% 17 90% 3 20 7:00 PM 80% 16 90% 3 19 8:00 PM 50% 10 60% 2 12 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. 1 31 B -74 I n C J t Appendix Table B -26 FAST -FOOD RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Fast -Food Restaurant Size Pkg Rate [21 2.319 KSF 10 /KSF Shared Parking Demand Gross Spaces 23 Spaces 20 Guest Spc. 3 Emp. Spc. Time of Day % Of Peak [31 # Of Spaces % Of Peak [31 # Of Spaces 8:00 AM 19% 4 28% 1 5 9:00 AM 28% 6 37% 1 7 10:00 AM 51% 10 70% 2 12 11:00 AM 79% 16 93% 3 19 12:00 PM 93% 19 93% 3 22 1:00 PM 93% 19 93% 3 22 2:00 PM 84% 17 89% 3 20 3:00 PM 56% 11 65% 2 13 4:00 PM 51% 10 56% 2 12 5:00 PM 56% 11 65% 2 13 6:00 PM 79% 16 84% 3 19 7:00 PM 75% 15 84% 3 18 8:00 PM 47% 9 56% 2 11 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. 31 B -75 t t Appendix Table B -27 MEDICAUDENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Vacant Medical/Dental Office Size Pkg Rate[2] 3.738 KSF 6 /KSF Shared Parking Demand Gross Spaces 22 Spaces 15 Visitor Spc. 7 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 90% 14 60% 4 18 9:00 AM 90% 14 100% 7 21 10:00 AM 100% 15 100% 7 22 11:00 AM 100% 15 100% 7 22 12:00 PM 30% 5 100% 7 12 1:00 PM 90% _ 14 100% 7 21 2:00 PM 100% 15 100% 7 22 3:00 PM 100% 15 100% 7 22 4:00 PM 90% 14 100% 7 21 5:00 PM 80% 12 100% 7 19 6:00 PM 67% 10 67% 5 15 7:00 PM 30% 5 30% 1 2 7 8:00 PM 15% 2 15% 1 3 Notes: I[ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the 1 "Shared Parking" manual. 1i t •� F1 I Appendix Table B -28 MEDICAUDENTAL OFFICE WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Vacant Medical/Dental Office Size Pkg Rate [21 3.738 KSF 6 /KSF Shared Parking Demand Gross Spaces 22 Spaces 15 Visitor Spc. 7 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 90% 14 60% 4 18 9:00 AM 90% 14 100% 7 21 10:00 AM 100% 15 100% 7 22 11:00 AM 100% 15 100% 7 22 12:00 PM 30% 5 100% 7 12 1:00 PM 0% 0 0% 0 0 2:00 PM 0% 0 0% 0 0 3:00 PM 0% 0 0% 0 0 4:00 PM 0% 0 0% 0 0 5:00 PM 0% 0 0% 0 0 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee ' [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. 31 B -77 l 7 II' r n Appendix Table B -29 SHOPPING CENTER (TYPICAL DAYS) WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Shopping Center (Typical Days) - Casual Male Size Pkg Rate[2] 0.906 KSF 5 /KSF Shared Parking Demand Gross Spaces 5 Spaces 4 Guest Spc. 1 Emp. Spc. 1 Time of Day % Of Peak [3] Hof Spaces % Of Peak [3] # Of Spaces 8:00 AM 14% 1 36% 0 1 9:00 AM 32% 1 68% 1 2 10:00 AM 59% 2 77% 1 3 11:00 AM 77% 3 86% 1 4 12:00 PM 86% 3 90% 1 4 1:00 PM 90% 4 90% 1 5 2:00 PM 86% 3 90% 1 4 3:00 PM 81% 3 90% 1 4 4:00 PM 81% 3 90% 1 4 5:00 PM 86% 3 86% 1 4 6:00 PM 86% 3 86% 1 4 7:00 PM 86% 3 86% 1 4 8:00 PM 72% 3 81% 1 11 4 Notes: [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee ' [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. k 001 Appendix Table B -30 SHOPPING CENTER (TYPICAL DAYS) WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Shopping Center (Typical Days) - Casual Male Size Pkg Rate[2] 0.906 KSF 5 /KSF Shared Gross Spaces 5 Spaces 4 Guest Spc. 1 Em P. S c. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces Parking Demand 8:00 AM 10% 0 '40% 0 0 9:00 AM 30% 1 75% 1 2 10:00 AM 50% 2 85% 1 3 11:00 AM 65% 3 95% 1 4 12:00 PM 80% 3 100% 1 4 1:00 PM 90% 4 100% 1 5 2:00 PM 100% 4 100% 1 5 3:00 PM 100% 4 100% 1 5 4:00 PM 95% 4 100% 1 5 5:00 PM 90% 4 95% 1 5 6:00 PM 80% 3 85% I 4 7:00 PM 75% 3 80% 1 4 8:00 PM 65% 3 75% 1 4 Notes: [ I] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee ' [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in "fable 2 -2 of the ' "Shared Parking" manual. .� u 7 n Appendix Table B -31 FAST -FOOD RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Fast -Food Restaurant Size Pkg Rate[2] 6.300 KSF 10 /KSF Shared Parking Demand Gross Spaces 63 Spaces 54 Guest Spc. 9 Emp. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 20% 11 30% 3 14 9:00 AM 30% 16 40% 4 20 10:00 AM 55% 30 75% 7 37 11:00 AM 85% 46 100% 9 55 12:00 PM 100% 54 100% 9 63 1:00 PM 100% 54 100% 9 63 2:00 PM 90% 49 95% 9 58 3:00 PM 60% 32 70% 6 38 4:00 PM 55% 30 60% 5 35 5:00 PM 60% 32 70% 6 38 6:00 PM 85% 46 90% 8 54 7:00 PM 80% 43 90% 8 51 8:00 PM 50% 27 60% 5 32 Notes: ' [ 1 ] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the ' "Shared Parking" manual. Appendix Table B -32 FAST -FOOD RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Metro Town Square, Santa Ana Land Use Fast -Food Restaurant Size Pkg Rate[2] 6.300 KSF 10 /KSF Shared Parking Demand Gross Spaces 63 Spaces 54 Guest Spc. 9 Em p. Spc. Time of Day % Of Peak [3] # Of Spaces % Of Peak [3] # Of Spaces 8:00 AM 19% 10 28% 3 13 9:00 AM 28% 15 37% 3 18 10:00 AM 51% 28 70% 6 34 11:00 AM 79% 43 93% 8 51 12:00 PM 93% 50 93% 8 58 1:00 PM 93% 50 93% 8 58 2:00 PM 84% 45 89% 8 53 3:00 PM 56% 30 65% 6 36 4:00 PM 51% 28 56% 5 33 5:00 PM 56% 30 65% 6 36 6:00 PM 79% 43 84% 8 51 7:00 PM 75% 41 84% 8 49 8:00 PM 47% 25 56% 5 30 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. Breakdown of guest vs. employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2 -2 of the "Shared Parking" manual. � � • I ROH — 06/13/11 RESOLUTION NO. 2011 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2011 -08 AS CONDITIONED TO REDUCE THE REQUIRED PARKING FOR THE PROPERTY LOCATED AT 3600 THROUGH 3796 SOUTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2011 -08 to reduce the required parking standards for a new restaurant / retail building within the Metro Town Square Shopping Center at 3600 through 3796 South Bristol Street. B. Variance No. 2011 -08 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 13, 2011, to consider all testimony, written and oral. C. Variance No. 2011 -08 has been filed with the City of Santa Ana seeking to reduce the required parking standards set by Santa Ana Municipal Code section 41 -1341. D. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project site has a special circumstance related to its location and surroundings. The proposed use will be located within a built out development site on South Bristol Street that is surrounded by commercial and residential uses. Due to its location, there is no feasible option for providing additional parking for the new uses. In addition, the shared parking analysis prepared by Linscott, Law and Greenspan has determined that sufficient parking will be provided for the Resolution No. 2011 -11 Page 1 of 5 • I project by utilizing multiple methods. The study concluded that even under peak demand, a minimum of 392 parking spaces will be available within the shopping center. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the parking variance will preserve the property owner's ability to lease the buildings with uses that will identify the site as an economically viable development. Further, the reduction in parking will provide flexibility of leasing options that would support Policy 2.7 and policy 5.7 of the Land Use Element of the General Plan which promotes rehabilitation of commercial properties and encourages increased levels of investment while anticipating that intensity of new development does not exceed available capacity. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses during the peak parking hours. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial or residential neighborhoods. Further, the site is in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the City. Finally, the project will not adversely affect the general plan as the proposed commercial uses are consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as retail, office and eating establishments that promote a balance of land uses to address basic community needs and which enhance the City's economic and fiscal viability. In addition, the project is Resolution No. 2011 -11 Page 2 of 5 4 • consistent with Policy 1.9 which encourages new development along arterial intersections in commercial district such as South Bristol Street and Policy 5.4 in support of land uses which are compatible with surrounding uses. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2011 -10 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Variance No. 2011 -08 as conditioned in Exhibit "A" attached hereto and incorporated herein, to reduce the required parking standards for a restaurant / retail building within the Metro Town Square Shopping Center at 3600 through 3796 South Bristol Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 13, 2011, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of June, 2011. AYES: Commissioners: Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph A. Straka, City Attorney By: Ryan O. Hodge Assistant City Attorney James Gartner Vice Chairman w • Resolution No. 2011 -11 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011 -11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 13, 2011 . Date: Secretary of the Planning Commission City of Santa Ana • 4 • •� Resolution No. 2011 -11 Page 4 of 5 Conditions for Approval for Variance No. 2011 -08 Should the Planning Commission approve Variance No. 2011 -08, the approval is subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2011 -01 and the staff report exhibits. 2. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. Resolution No. 2011 -11 Page 5 of 5 4 • W. • •� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2011 -12 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 establishing the appropriation limit for the fiscal year 2011 -12. DISCUSSION The State of California Constitution includes provisions, which impose a limit ( "the Gann Limit ") on tax proceeds that may be appropriated for expenditures by a local government in any given fiscal year and requires the cities establish this limit by resolution. Adoption of the subject resolution is necessary for compliance with these provisions for the fiscal year ending June 30, 2012. As detailed in the exhibits to the subject resolution, the City's spending limitations from "Proceeds of Taxes" is calculated to be $799,646,976 (Exhibit A) for FY 2011 -12. This represents the permitted growth rate factor of 23.7704 times the adjusted base year (1978 -1978) appropriation limit of $33,640,451. Exhibit B identifies the factors used to determine the allowable increase; Exhibit C categorizes FY 2011 -12 anticipated revenues from "Proceeds of Taxes" and "Non - Proceeds of Taxes "; and Exhibit D computes the fiscal year 2011 -2012 appropriations subject to this limitation and identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit D the City's anticipated FY 2011 -12 "Proceeds of Taxes" revenue will be $676,289,202 below the allowable limit. FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency 55A -1 55A -2 EXHIBIT A COMPUTATION OF APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2012 Appropriation Limit: 1978 -79 Base Year Permitted Growth Rate in appropriation (Exhibit B) Appropriation Limit for the Fiscal Year Ending June 30, 2012 55A -3 33,640,451 23.7704 $ 799,646,976 55A -4 EXHIBIT B CALCULATION OF PERMITTED GROWTH RATE IN APPROPRIATIONS FOR FISCAL YEAR ENDING JUNE 30, 2012 Factor 2010 -11: California CPI: 2.51% Converted into a Factor 1.0251 Population Growth: 0.70% Converted into a Factor: 1.0070 Rates of Change: 1.0251x 1.0070 1.0323 Multiplied by 2010 -11 Combined Index 23.0266 Combined Index 1979 -80 through 2011 -2012 23.7704 55A -5 LAWMM-O, EXHIBIT C SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAL YEAR ENDING JUNE 30, 2012 REVENUE TAXES: Property Tax Sales Tax Hotel Visitors' Tax Business Tax Documentary Stamp Tax Utility Users'Tax Total Taxes FROM STATE: State Motor Vehicle State Gas Tax Prop 1 B State Cost Reimbs State Grants AQMD AB 2766 Total State OTHER GOVERNMENT: Community Development (CDBG) Homeowner Prop Tax Subvention UASI Grant Housing (Section 8) WIA Measure M, Street Grants, Gas Tax Exch ARRA 2010 Civic Center and Park Program Income Other Federal Grants: HOME, HOPWA Total Other Government PROCEEDS OF TAXES $ 52,908,066 $ 37,505,269 6,600,000 10,050,000 506,220 25,090,000 132,659,555 1,290,472 1,290,472 234,611 234,611 55A -7 NON - PROCEEDS OF TAXES 9,550,315 400,000 351,500 4,751,566 476,500 15,529,881 7,100,000 9,257, 092 30,397,605 3,513,205 6,483,170 5,922,960 3,528,278 4,040,000 4,181,230 74,423, 540 TOTALS $ 52,908,066 37,505,269 6,600,000 10, 050, 000 506,220 25,090,000 132,659, 555 1,290,472 9,550,315 400,000 351,500 4,751,566 476,500 16,820,353 7,100, 000 234,611 9,257, 092 30,397,605 3,513,205 6,483,170 5,922,960 3,528,278 4,040,000 4,181,230 74,658,151 Exhibit C Continued REVENUE LOCALLY RAISED: Licenses and Permits Franchise Fees Development Fees Fines and Forfeitures Charges for Services Parks and Recreations From Use of Property Others Others - Inter - Agency Total Locally Raised OTHER MISCELLANEOUS: Donation Sale of Junk and Property Attorney Reimbursements Expense Reimbursements Indirect Cost Recovery From Prior Year Fund Balances Refuse Program Saving Refuse Contract Program Surcharge Interfund Transfers Total Other Miscellaneous FROM USE OF MONEY: Earnings on Investment TOTALREVENUES PROCEEDS NON- PROCEEDS OF TAXES OF TAXES TOTALS 3,562,776 3,562,776 7,493,115 7,493,115 3,550,000 3,550,000 7,682,485 7,682,485 10,445, 367 10,445, 367 522,250 522,250 14,666,190 14,666,190 57,854 57,854 9,257,180 9,257,180 57,237,217 57,237,217 46,502 46,502 8,502 8,502 1,176, 339 1,176, 339 2,437,967 2,437,967 2,382,599 2,382,599 9,998,741 9,998,741 1,239,325 1,239,325 0 20,903,055 20,903,055 0 38,193, 030 38,193, 030 174,186 277,658 451,844 $ 134, 358, 824 $ 185, 661, 326 $ 320, 020,150 e61 EXHIBIT D APPROPRIATION SUBJECT TO LIMITATION FOR FISCAL YEAR ENDING JUNE 30, 2012 Proceeds from taxes Less: Exclusions: Capital outlay Appropriation subject to limitation Current year limit Over(under) limit e-1 $ 134,358,824 11,001,050 123,357,774 799,646,976 $ (676,289,202) 55A -10 Iss:6/21/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2011 -2012 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. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in November 1978, imposes upon State and local government the obligation to limit each fiscal year's appropriations to those established in fiscal year 1978 -79 as adjusted for inflation and population, together with other specified changes required or permitted. B. In June of 1990, the voters of the State of California approved Proposition 111 which amended Article XIII B to establish the limit originally calculated for fiscal year 1986 -87 as a new adjustment base and to change the definition of the cost of living to be either the percentage change in California per capita personal income from the preceding year, or the percentage change in the jurisdiction's local assessment roll from the preceding year due to the addition of local non - residential new construction. C. Proposition 111 further modified Article XIII B requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit and by allowing expenditures in excess of one year's limit to be offset by under expenditures in an immediately following year. D. The City of Santa Ana has opted to use as the inflation adjustment factor, the percentage change in the California per capita personal income from the preceding year. E. The City of Santa Ana has opted to use as the population adjustment factor, the County's percentage change in population from the preceding year. Resolution No. 2011 -XXX 55A -1 1 Page 1 of 3 F. Division 9 of Title I of the Government Code of the State of California (commencing with section 7900), directs the governing body of each local jurisdiction to annually establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIIB of the California Constitution, by resolution, at a regularly scheduled meeting or noticed special meeting. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public. G. This matter was considered by the City Council at its regularly scheduled meeting of July 18, 2011. H. The Executive Director, Finance and Management Services of the City of Santa Ana has determined the City's appropriation limit for fiscal year 2011 -2012 in accordance with the said provisions of the Constitution and laws of the State of California and the documentation used in said determination has been available to the public since not later than July 1, 2011 in the office of the Executive Director, Finance & Management Services. Section 2. Based upon the above referenced facts and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2011 -2012 is hereby found and determined to be $774,646,976.00. 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 55A -12 Resolution No. 2011 -XXX Page 2 of 3 APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy 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 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 -13 Resolution No. 2011 -XXX Page 3 of 3 55A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED RESOLUTION TO PROVIDE WATER ❑ As Recommended SERVICE TO FORMER CUSTOMERS OF El El Ar Amended Ordinance on 15f Reading CATALINA STREET PUMP OWNERS ❑ Ordinance on 2 "d Reading ASSOCIATION [] Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution to accept Proposition 84 grant funding, construct public water system improvements and provide service to former customers of the Catalina Street Pump Owners Association. DISCUSSION The Catalina Street Pump Owners Association ( CSPOA) is a small private water system that serves 54 properties located on Roosevelt Street, west of Euclid Avenue. In recent years, the CSPOA system has failed to meet Title 22 drinking water standards. The well serving CSPOA is contaminated with uranium and the CSPOA does not have consistent access to a certified operator and cannot afford to purchase a water treatment system. The State Department of Public Health (DPH) and the Treasurer for CSPOA are requesting water service to be provided by the City. A City water main is currently located in Roosevelt Street fronting all 54 properties. To provide this service, public water system service lines and meters must be constructed at each parcel. The cost to construct these improvements is approximately $120,000. A resolution was adopted by the City on May 3, 2010 allowing the City to accept a State Revolving Fund (SRF) grant to cover construction costs for the public water system improvements. Since then the DPH has been made aware that Proposition 84 grant funding is available. DPH has filed a grant application on behalf of CSPOA for this funding and if successful, the grant will pay for up to 100% of construction costs of the public water system improvements. This funding will either be in lieu of, or in addition to, the funding provided by the SRF grant. 55B -1 Resolution to Provide Water Service to Former Customers of CSPOA July 18, 2011 Page 2 ENVIRONMENTAL IMPACT A Notice of Exemption and Categorical Exemption (ER# 2009 -190) has been prepared for this project. FISCAL IMPACT Funds for construction of the water system improvements are available in the Water Capital Construction Account (accounting unit 06617647). The City's construction costs will be reimbursed from the State grant, the Proposition 84 grant and connection fees charged to property owners. Raul Godinez II Executive Direct Public Works Agency RG /BI/Ic Exhibit: Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez y Executive Director Finance & Management Services Agency 55B -2 As (07/11 /11) RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ACCEPT STATE GRANT FUNDING, CONSTRUCT PUBLIC WATER SYSTEM IMPROVEMENTS AND PROVIDE SERVICE TO FORMER CUSTOMERS OF CATALINA STREET PUMP OWNERS ASSOCIATION 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 finds, determines and declares as follows: A. The Catalina Street Pump Owners Association ( CSPOA) is a privately owned water system that provides domestic water service to approximately 54 residences in the City of Santa Ana. B. The well serving CSPOA is contaminated with uranium and does not meet Title 22 drinking water standards. The CSPOA does not have a regular certified operator and cannot afford to purchase a water treatment system. C. The Treasurer for CSPOA, Mr. Jim Stice, has declared his intent to cease operations and direct CSPOA customers to connect to the City's water system. D. The cost to construct the public water system improvements required to serve CSPOA is estimated at approximately $120,000. E. The State of California Department of Public Health has filed an application on behalf of CSPOA for a Proposition 84 grant that will cover up to 100% of the construction costs. Section 2. Should CSPOA be successful, the City of Santa Ana agrees to accept the Proposition 84 grant and use the funds to cover the construction costs of public water system improvements. The State has also applied for a State Revolving Fund (SRF) grant for these improvements. The combined funds of these two grants will cover 100% of the construction cost of the public water system improvements. Resolution No. 2011 -XXX Page 1 of 3 l : J Section 3. Upon completion of the public water system improvements, the City of Santa Ana will make available water service to CSPOA customers, contingent upon each customer paying all required fees and complying with city codes and regulations for service. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Joseph Straka, Interim City Attorney Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011 -XXX Page 2 of 3 2011. Miguel A. Pulido Mayor 55B -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk Resolution No. 2011 -XXX City of Santa Ana on Date: As (07/11 /11) of the Council, do hereby attest to and certify that the attached to be the original resolution adopted by the City Council of the Clerk of the Council City of Santa Ana 55B -5 Resolution No. 2011 -XXX Page 3 of 3 6, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: RESOLUTION TO PROVIDE WATER SERVICE TO FORMER CUSTOMERS OF DIAMOND PARK MUTUAL WATER COMPANY CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution to accept Proposition 84 grant funding, construct public water system improvements and provide service to former customers of the Diamond Park Mutual Water Company. DISCUSSION The Diamond Park Mutual Water Company ( DPMWC) is a small private water system that serves 90 properties in the Valley Adams Neighborhood. The water company was founded in 1930. In recent years, the DPMWC system has suffered from severe deficiencies, including water that is high in nitrates and unsafe to drink. The company is non - functional in all areas, including financial, technical, operational and managerial. Also, frequent water system leaks and equipment failures cause the water service to be unreliable. The State Department of Public Health (DPH) and the residents served by the DPMWC are requesting that water service be provided by the City. To provide these services, water mains, fire hydrants and meters must be constructed. The cost to construct these improvements is approximately $1,000,000. A resolution was adopted by the City on May 3, 2010 allowing the City to accept a State Revolving Fund (SRF) grant to cover 80 percent of the construction costs for the public water system improvements (Attachment 1). A survey was completed which showed the median household income to be below $28,000 for this area. Given the results of this survey, the probability of receiving a grant is high. The DPH has recently learned that Proposition 84 grant funding is available. They have filed another application on behalf of DPMWC for this funding, and thus another resolution is needed. If successful, a Proposition 84 grant will pay for up to 100% of construction costs of the public water system improvements. This funding will either be in lieu of, or in addition to, the funding provided by the SRF grant. 55C -1 Resolution to Provide Water Service to Former Customers of DPMWC July 18, 2011 Page 2 ENVIRONMENTAL IMPACT A Notice of Exemption and Statutory Exemption (ER# 2010 -065) has been prepared for this project. FISCAL IMPACT Funds for construction of the water system improvements are available in the Water Capital Construction Account (accounting unit 06617647 66301). The cost of construction will be reimbursed to the City from the State grant, Proposition 84 grant and connection fees charged to property owners. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Management Services Agency RG /BI /Ic Exhibit: Resolution 55C -2 Jxs (07/11 /11) RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ACCEPT STATE GRANT FUNDING, CONSTRUCT PUBLIC WATER SYSTEM IMPROVEMENTS AND PROVIDE SERVICE TO FORMER CUSTOMERS OF DIAMOND PARK MUTUAL WATER COMPANY 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 finds, determines and declares as follows: A. The Diamond Park Mutual Water Company ( DPMWC) is a privately owned water system that provides domestic water service to approximately 90 residences in the City of Santa Ana. B. The well serving DPMWC is contaminated with nitrates and does not meet Title 22 drinking water standards. The water system infrastructure (pipelines, well, and tank) is obsolete and fails frequently, resulting in water outages to DPMWC customers. C. The Board of Directors of DPMWC has by resolution declared their intent to cease operations and direct their customers to connect to the City's water system. D. The cost to construct the public water system improvements required to serve DPMWC is estimated at approximately $1,000,000. E. The State of California Department of Public Health has filed an application on behalf of DPMWC for a Proposition 84 grant that will cover up to 100% of the construction costs. Section 2. Should DPMWC be successful, the City of Santa Ana agrees to accept the Proposition 84 grant and use the funds to cover the construction costs of public water system improvements. The State has also applied for a State Revolving Fund (SRF) grant for these improvements. The combined funds of these two grants will cover 100% of the construction cost of the public water system improvements. Resolution No. 2011 -XXX Page 1 of 3 55C -3 As (07/11/11) Section 3. Upon completion of the public water system improvements, the City of Santa Ana will make available water service to DPMWC customers, contingent upon each customer paying all required fees and complying with city codes and regulations for service. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of )2011. APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT Councilmembers Councilmembers Miguel A. Pulido Mayor 55C -4 Resolution No. 2011 -XXX Page 2 of 3 Jxs (07/11/11) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that 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 55C -5 Resolution No. 2011 -XXX Page 3 of 3 55C -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: CALIFORNIA EMERGENCY MANAGEMENT AGENCY (CAL -EMA) RESOLUTION TO AUTHORIZE INDVIDUALS FOR DESASTER RELIEF 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 Adopt resolution to designate authorized agents for the City of Santa Ana on Cal -EMA's Designation of Applicant's Agent Resolution form, Cal -EMA Form 130. DISCUSSION Cal -EMA Form 130, Designation of Applicant's Agent Resolution for Non -State Agencies, identifies authorized individuals from the City of Santa Ana who can submit applications for disaster relief through Cal -EMA. Form 130 is required to be updated every 3 years and the current form on file with Cal- EMA requires updating at this time. An updated form will allow the City of Santa Ana to proceed with the application process without delay in the event of FEMA or Cal -EMA declared disasters. FISCAL IMPACT There is no fiscal impact associated with authorizing this resolution. A .T-­X A ) 1 �� Francisco Gutierrez Executive Director Finance and Mgmt. Services Agency MP 55D -1 55D -2 Iss:7/13/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING THE CITY MANAGER OR THE EXECUTIVE DIRECTOR OF FINANCE AND MANAGEMENT SERVICES OR THE FIRE CHIEF TO ACT AS AGENT FOR THE CITY WITH THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES 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: The City desires to authorize certain agents to act for the City in the event of FEMA or Cal- EMA declared disasters, in order to obtain services and funding without delay. Section 2. The City Manager or Executive Director of Finance and Management Services or the Fire Chief are each hereby authorized to execute for and on behalf of the City of Santa Ana, applications, and file the same with the California Emergency Management Agency for the purpose of obtaining certain federal financial assistance under Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or state financial assistance under the California Disaster Assistance Act. Section 3. The City of Santa Ana, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide the California Emergency Management Agency for all matters pertaining to such state disaster assistance the assurances and agreements required. Section 4. This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below. 55D -3 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Joseph Straka, Interim City Attorney Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2011. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached 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 55D -4 STATE OF CALIFORNIA Disaster No: CALIFORNIA EMERGENCY MANAGEMENT AGENCY Cal EMA ID No: Cal EMA 130 059 -69000 DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE City Council OF THE City of Santa Ana (Governing Body) (Name of Applicant) THAT City Manager , OR (Title of Authorized Agent) Executive Director of Finance & Mgmt Services OR (Title of Authorized Agent) Fire Chief (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the City of Santa Ana a public entity (Name of Applicant) established under the laws of the State of California, this application and to rile it with the California Emergency Management Agency for the purpose of obtaining certain federal financial assistance under Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. THAT the City of Santa Ana a public entity established under the laws of the State of California, (Name of Applicant) hereby authorizes its agent(s) to provide to the California Emergency Management Agency for all matters pertaining to such state disaster assistance the assurances and agreements required. Please cheek the appropriate box below: This is a universal resolution and is effective for all open and futures disasters up to three (3) years following the date of approval below. This is a disaster specific resolution and is effective for only disaster number(s) Passed and approved this day of 20 A) Miguel A. Pulido, Mayor B) Claudia C. Alvarez, Mayor Pro Tem, (Name and Title of Governing Body Representative) C) Councilmembers: P. David Benavides, Carlos Bustamante, (Name and Title of Governing Body Representative) Michele Martinez, Vincent F. Sarmiento, Sal Tinajero (Name and Title of Governing Body Representative) CERTIFICATION Maria D. Huizar , duty appointed and Clerk of the Council (Name) (Title) the City of Santa Ana (Name of Applicant) do hereby certify that the above is a true and correct copy of a Resolution passed and approved by the City Council _of the City of Santa Ana (Governing Body) (Name of Applicant) on the day of (Signature) Cal EMA 130 (Rev.4 /11) 20_ Page I 55D -5 (Title) STATE OF CALIFORNIA Disaster No: 1952 CALIFORNIA EMERGENCY MANAGEMENT AGENCY 059 -69000 Cal EMA 89 Cal EMA ID No: DUNS No: 083153247 PROJECT ASSURANCES FOR FEDERAL ASSISTANCE SUBGRANTEE'S NAME: CITY OF SANTA ANA (Name of Organization) ADDRESS: 20 Civic Center Plaza CITY: Santa Ana STATE: CA ZIP CODE: 92701 TELEPHONE: 714- 647 -5420 FAX NUMBER: 714- 647 -5414 AUTHORIZED AGENT: Francisco Gutierrez TITLE: Executive Director EMAIL ADDRESS: FGutierrez@santa-ana.org ASSURANCES - CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to al of your projects. If you have questions, please contact the California Emergency Management Agency. Further, certain federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the subgrantee named above: 1. Has the legal authority to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - federal share of project costs) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the Unites States, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. 4. Will comply with the requirements of the assistance- awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gains. 8. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead based pain in construction or rehabilitation of residence structures. 9. Will comply with all federal statutes relating to nondiscrimination . These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L 88 -352) which prohibits discrimination on the basis of race, cola, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§ 1681 -1683 and 1685 -1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101- 6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 93- Cal EMA 89 (Rev.4 /11) (Page l of 2) Mexle 255) as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd- 3 and 290 ee -3) as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) which may apply to the application. 10. Will comply, or has already complied, with the requirements of Titles H and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal and federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 11. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $5,000 or more. 12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.O 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.O. 93-205). 13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 14. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 15. Will comply with Standardized Emergency Management (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 16. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 and the Single Audit Act Amendments of 1996. 17. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies governing this program. 18. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the subgrantee application for federal assistance. Will, after the receipt of federal financial assistance, through the State of California, agree to the following: a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and will be used to pay only eligible costs for projects described above; b. To return to the State of California such part of the funds so reimbursed pursuant to the above numbered application, which are excess to the approved actual expenditures as accepted by final audit of the federal or state government. c. In the event the approved amount of the above numbered project application is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. 19. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." "I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized by the above named subgrantee to enter into this agreement for and on behalf of the said subgrantee, and by my signature do bind the subgrantee to the terms thereof." SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL City Manager TITLE DATE Cal EMA 89 (Rev.4 /11) (Page 2 of 2) 55D -7 `'�'+ I 0;� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: HOMELAND SECURITY GRANT PROGRAMS 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 Adopt a resolution authorizing the City Manager to execute any actions necessary to obtain federal financial assistance provided through a grant from the U.S. Department of Homeland Security, related to the 2010 Metropolitan Medical Response System grant. 2. Authorize the City Manager and Clerk of the Council to execute the attached sub - grantee agreement with Orange County in the amount of $312,658, subject to non - substantive changes approved by the City Manager and City Attorney for the 2010 Homeland Security Grant Programs, Metropolitan Medical Response System grant. 3. Approve an Appropriation Adjustment recognizing the 2010 Homeland Security Grant Programs, Metropolitan Medical Response System grant funds and appropriate the same into the 2010 Metropolitan Medical Response System grant expenditure account. DISCUSSION Through the Governor's Office of Homeland Security, the Metropolitan Medical Response System (MMRS) assists highly populated jurisdictions develop plans, conduct training and exercises, and acquire various equipment and supplies to respond to a mass casualty event caused by a WMD terrorist act. The County of Orange is the primary recipient of the grant which is being shared with other cities throughout the County. The Santa Ana Fire Department is to receive $312,658 in grant funding for its efforts. 55E -1 Homeland Security Grant Programs July 18, 2011 Page 2 FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the City's FY 2010 MMRS revenue grant account (accounting unit no. 146150252000) by $312,658, and appropriate same into the City's 2010 MMRS grant expenditure account (accounting unit no. 14615364- various). APPROVED AS TO FUNDS AND ACCOUNTS: David Thomas =' Francisco Gutierrez ' Fire Chief Executive Director Fire Department Finance & Management Services Agency 55E -2 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE FIRE CHIEF TO SUBMIT A GRANT APPLICATION TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR THE FY2010 METROPOLITAN MEDICAL RESPONSE SYSTEM GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The California Office of Homeland Security is responsible for implementing the United States Department of Homeland Security, Office of Domestic Preparedness Metropolitan Medical Response System Grant Program (MMRS). B. MMRS provides funds to local emergency first responders to develop or enhance existing emergency preparedness systems to effectively respond to a public health crisis. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and /or the Fire Chief to execute and submit all documents and take any necessary action, for and on behalf of the City of Santa Ana, a public entity established under the laws of the State of California, for the purpose of obtaining federal financial assistance provided through the Metropolitan Medical Response System Grant Program by the federal Department of Homeland Security and subgranted through the State of California Office of Homeland Security. 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 55E -3 APPROVED AS TO FORM: Joseph Straka, Interim City Attorney Joseph Straka Interim City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 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 55E -4 I AGREEMENT TO TRANSFER PROPERTY OR FUNDS 2 FOR 2010 HOMELAND SECURITY GRANT PROGRAM PURPOSES 3 4 THIS AGREEMENT is entered into this day of 201 , which 5 date is enumerated for purposes of reference only, by and between the COUNTY OF ORANGE, a 6 political subdivision of the State of California, hereinafter referred to as "COUNTY ", and 7 , a (municipal corporation/special district /not -for- 8 profit corporation), hereinafter referred to as " SUBGRANTEE." 9 WHEREAS, COUNTY, acting through its Sheriff- Coroner Department in its capacity as the 10 lead agency for the Orange County Operational Area, has applied for, received and accepted a grant 11 from the State of California, acting through its California Emergency Management Agency, to enhance 12 county -wide emergency preparedness, hereinafter referred to as "the grant ", as set forth in the grant 13 documents that are attached hereto as Attachments A (FY 10 CA Supplement to Federal Program 14 Guidelines), B (2010 Homeland Security Grant Programs) and C (FY 10 Grant Assurances) and 15 incorporated herein by reference. 16 WHEREAS, the terms of the grant require that COUNTY use certain grant funds to purchase 17 equipment, technology or services that will be transferred to SUBGRANTEE to be used for grant 18 purposes. 19 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 20 1. COUNTY shall transfer to SUBGRANTEE the equipment, technology or services as 21 specified in Attachment B hereto, which is incorporated herein by reference. If the grant requires 22 COUNTY to transfer to SUBGRANTEE equipment, technology or services that COUNTY has not yet 23 acquired, COUNTY shall transfer said equipment, technology or services to SUBGRANTEE as soon 24 after acquisition by COUNTY as is reasonably practicable. 25 2. If COUNTY transfers grant funds to SUBGRANTEE, SUBGRANTEE shall use said 26 grant funds only to acquire equipment, technology or services as set forth in Attachment B hereto and /or 27 to perform such other grant functions, if any, for which Attachments A, B and C permit SUBGRANTEE 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security 55&54 I to expend grant funds. SUBGRANTEE shall provide COUNTY with a budget breakdown signed by the 2 authorized agent. 3 3. Throughout its useful life, SUBGRANTEE shall use any equipment, technology or 4 services acquired with grant funds only for those purposes permitted under the terms of the grant, and 5 11 shall make it available for mutual aid response. 6 4. SUBGRANTEE shall exercise due care to preserve and safeguard equipment acquired 7 with grant funds from damage or destruction and shall provide regular maintenance and repairs for said 8 equipment as are necessary, in order to keep said equipment in continually good working order. Such 9 maintenance and servicing shall be the sole responsibility of the SUBGRANTEE, who shall pay for 10 material and labor costs for any maintenance and repair of the said equipment throughout the life of the 11 I I said equipment. 12 5. SUBGRANTEE shall assume all continuation costs of said equipment, technologies 13 and /or services to include but not limited to upgrades, licenses and renewals of said equipment, 14 11 technologies and /or services. 15 6. If equipment acquired with grant funds becomes obsolete or unusable, SUBGRANTEE 16 shall notify COUNTY of such condition. SUBGRANTEE shall transfer or dispose of grant- funded 17 11 equipment only in accordance with the instructions of COUNTY. 18 II 7. SUBGRANTEE agrees to indemnify, defend and save harmless COUNTY and their 19 elected and appointed officials, officers, agents and employees from any and all claims and losses 20 accruing or resulting to any and all contractors, subcontractors, laborers, and any other person, firm or 21 corporation furnishing or supplying work services, materials or supplies in connection with 22 SUBGRANTEE's use of grant- funded equipment, technology or services and SUBGRANTEE's 23 performance of this Agreement, including Attachments A, B and C hereto, and from any and all claims 24 and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by 25 SUBGRANTEE in SUBGRANTEE's use of grant- funded equipment, technology or services and 26 SUBGRANTEE's performance of this Agreement, including Attachments A, B and C hereto. 27 8. By executing this Agreement, SUBGRANTEE agrees to comply with and be fully bound 28 by all applicable provisions of Attachments A, B and C hereto. SUBGRANTEE shall notify COUNTY CFDA: 97.067 Homeland Security Grant Program 5���Vf 4 Department of Homeland Security 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 immediately upon discovery that it has not abided or no longer will abide by any applicable provision of Attachments A, B and C hereto. 9. SUBGRANTEE and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after final payment hereunder. 10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. SUBGRANTEE may not assign this Agreement in whole or in part without the express written consent of COUNTY. 12. For a period of three years after final payment hereunder or until all claims related to this Agreement are finally settled, whichever is later, SUBGRANTEE shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B and C hereto. For the same time period, SUBGRANTEE shall make said documents, papers and records available to COUNTY and the agency from which COUNTY received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBGRANTEE, upon request during usual working hours. 13. SUBGRANTEE shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agencies. 14. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SUBGRANTEE if a) SUBGRANTEE fails to perform any of the covenants contained in this Agreement, including Attachments A, B and C hereto, at the time and in the matter herein provided, or b) COUNTY loses funding under the grant. In the event of termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY. CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security 5 %."37of4 1 15. SUBGRANTEE and its agents and employees shall act in an independent capacity in the 2 performance of this Agreement, including Attachments A, B and C hereto, and shall not be considered 3 officers, agents or employees of COUNTY or of the agency from which COUNTY received grant funds. 4 IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, 5 State of California. 6 7 DATED: , 201_ COUNTY OF ORANGE, a political 8 subdivision of the State of California 9 By Sheriff - Coroner 10 "COUNTY" 11 APPROVED AS TO FORM: 12 COUNTY COUNSEL 13 14 By Nicole A. Sims, Deputy 15 16 DATED: , 201 17 18 DATED: SUBGRANTEE 19 20 By: 21 22 By: 23 ATTEST: 24 25 By City Clerk 26 27 DATED: 5201 — 28 CFDA: 97.067 Homeland Security Grant Program Department of Homeland Security 55E4f 4 ATTACHMENT A - FY10 HSGP ALLOCATIONS State Homeland Security Program (SHSP) Operational Area Population Base Amount 25% LE SHSP Total Award (25% LE + SHSP) ALAMEDA 1,556,657 100,000 796,945 2,390,835 3,187,780 ALPINE 1,201 100,000 25,596 76,787 102,382 AMADOR 38,080 100,000 43,884 131,652 175,535 BUTTE 220,748 100,000 134,469 403,406 537,875 CALAVERAS 45,987 100,000 47,805 143,415 191,220 COLUSA 21,997 100,000 35,908 107,725 143,633 CONTRA COSTA 1,060,435 100,000 550,869 1,652,607 2,203,476 DEL NORTE 29,547 100,000 39,652 118,957 158,609 EL DORADO 180,185 100,000 114,354 343 ,061 457,414 FRESNO 942,298 100,000 492,285 1,476,855 1,969,140 GLENN 29,239 100,000 39,500 118,499 157,998 HUMBOLDT IMPERIAL, 132,755 179,254 100,000 100,000 90,833 113,892 272,499 341,676 363,332 455,568 INYO 18,049 100,000 33,950 101,851 135,802 KERN 827,173 100,000 435,195 1,305,584 1,740,778 KINGS 154,743 100,000 101,737 305,211 406,948 LAKE 64,025 100,000 56,750 170,250 227,000 LASSEN 35,550 100,000 42,629 127,888 170,517 LOS ANGELES 10,393,185 100,000 5,178,973 15,536,920 20,715,893 MADERA 152,331 100,000 100,541 301,623 402,163 MARIN 258,618 100,000 153,248 459,745 612,994 MARIPOSA 18,306 100,000 34,078 102,234 136,312 MENDOCINO 90,206 100,000 69,733 209,199 278,932 MERCED 256,450 100,000 152,173 456,520 608,694 MODOC 9,698 100,000 29,809 89,428 119,237 MONO 13,504 100,000 31,697 95,090 126,786 MONTEREY 431,892 100,000 239,175 717,525 956,700 NAPA 137,571 100,000 93,221 279,664 372,885 NEVADA 98,718 100,000 73,954 221,863 295,817 ORANGE 3,139,017 100,000 1,581,636 4,744,909 6,326,545 PLACER 339,577 100,000 193,396 580,188 773,584 PLUMAS 20,632 100,000 35,231 105,694 140,926 RIVERSIDE 2,107,653 100,000 1,070,184 3,210,551 4,280,735 SACRAMENTO 1,433,187 100,000 735,716 2,207,149 2,942,866 SAN BENITO 58,016 100,000 53,770 161,31 0 215,080 SAN BERNARDINO 2,060,950 100,000 1,047,024 3,141,31 4,188,095 SAN DIEGO 3,173,407 100,000 1,598,690 4,796,071 6,394,761 SAN FRANCISCO 845,559 100,000 444,312 1,332,936 1,777,248 SAN JOAQUIN 689,480 100,000 366,913 1,100,738 1,467,651 SAN LUIS OBISPO 270,429 100,000 159,106 477,317 636,422 SAN MATEO 745,858 100,000 394,870 1,184,611 1,579,482 SANTA BARBARA 431,312 100,000 238,887 716,662 955,549 SANTA CLARA 1,857,621 100,000 946,193 2,838,579 3,784,772 SANTA CRUZ 268,637 100,000 158,217 474,651 632,868 SHASTA 183,023 1 100,000 115,761 347,283 463,044 r 1 1 v �_amorma Lmergency management Agency Page 19 Exhibit A 55E -9 ATTACHMENT A - FY10 HSGP ALLOCATIONS SIERRA 3,358 100,000 26,665 79,996 106,661 SISKIYOU 45,973 100,000 47,798 143,394 191,192 SOLANO 426,729 100,000 236,615 709,844 946,458 O SON )MA 486,630 100,000 266,319 798,958 1,065,278 STANISLAUS 526,383 100,000 286,033 858,099 1,144,132 SUTTER 96,554 100,000 72,881 218,643 291,524 TEHAMA 62,836 100,000 56,160 168,481 224,641 TRINITY 13,959 100,000 31,922 95,767 127,689 TULARE 441,481 100,000 243,930 731,790 975,720 TUOLUMNE 56,335 100,000 52,936 158,809 211,746 VENTURA 836,080 100,000 439,611 1,318,834 1,758,446 YOLO 200,709 100,000 124,531 373,594 498,126 YUBA 72,900 100,000 61,151 183,453 2449604 Total 38,292,687 $5,800,000 $20,439317 61,317,950 $81,757,267 Native American Allocation Coordinating Group Population p Base Amount 25% LE SHSP Total Award NATIVE AMERICAN TRIBES 71,287 $100,000 $60,351 $181,054 241,405 Regional Terrorism Threat Assessment Centers (RTTAC) Region Total Award SAN FRANCISCO BAY AREA 1,000,000 SACRAMENTO/CENTRAL VALLEY AREA 1,000,000 GREATER LOS ANGELES AREA 1,000,000 SAN DIEGO AREA 1,000,000 Total $4,000,000 Urban Areas Security Initiative (UASI) *A minimum of 25% of UASI funding must be utilized for Law Enforcement ur oses Urban Area Federal Allocation 80% Allocation to to State UASI 20% State Initiatives ANAHEIM /SANTA ANA AREA 12,773,050 10,218,440 2,554,610 BAY AREA 42,827,663 34,262,131 8,565,532 LOS ANGELES /LONG BEACH AREA 69,922,146 55,937,717 13,984,429 OXNARD AREA 2,507,575 2,006,060 501,515 RIVERSIDE AREA 5,286,378 4,229,103 1,057,275 SACRAMENTO AREA 3,947,286 3,157,829 789,457 SAN DIEGO AREA 16,208,500 12,966,800 3,241,700 BAKERSFIELD AREA 1,014,919 811,936 4_ 202,983 Total $154,487,517 $123,590,016 $30,897,501 Metropolitan Medical Response System (MMRS) FYI 0 California Emergency Management Agency 55E -10 Page 20 ATTACHMENT A - FY10 HSGP ALLOCATIONS MMRS Jurisdiction Federal Allocation to State Allocation to MMRS ANAHEIM 317,419 317,419 BAKERSFIELD 317,419 317,419 FREMONT 317,419 317,419 FRESNO 317,419 317,419 GLENDALE 317,419 317,419 HUNTINGTON BEACH 317,419 317,419 LONG BEACH 317,419 317,419 LOS ANGELES 317,419 317,419 MODESTO 317,419 317,419 OAKLAND 317,419 317,419 RIVERSIDE 317,419 317,419 SACRAMENTO 317,419 317,419 SAN BERNARDINO 317,419 317,419 SAN DIEGO 317,419 317,419 SAN FRANCISCO 317,419 317,419 SAN JOSE 317,419 317,419 SANTA ANA 317,419 317,419 STOCKTON 1 317,419 317,419 Total 1 $5,713,542 $5,713,542 Citizen Corps Program (CCP) CCP Federal Allocation to State Allocation to CCP CALIFORNIA VOLUNTEERS $986,002 $986,002 FYI California Emergency Management Agency 55E -11 Page 21 55E -12 Cal E CALIFORNIA EMERGENCY MANAGEMENT AGENCY Fiscal Year 2010 HOMELAND SECURITY GRANT PROGRAM California Supplement to the Federal Program Guidance and Application Kit Exhibit B 55E -13 STATE OF CALIFORNIA Arnold Schwarzenegger, Governor CALIFORNIA EMERGENCY MANAGEMENT AGENCY Matthew R. Bettenhausen, Secretary Frank McCarton, Undersecretary Peggy Okabayashi, Assistant Secretary OFFICE OF GRANTS MANAGEMENT Brendan Murphy, Director Gina Buccieri- Harrington, Assistant Director HOMELAND SECURITY, PROP 1B & EMERGENCY MANAGEMENT BRANCH Kris Whitty, Chief HOMELAND SECURITY GRANT UNIT Ursula Harelson, Program Manager Darlene Arambula, Office Assistant Cameron Bardwell, Program Representative Maybel Garing - Espilla, Program Representative Casey Granados, Program Representative Bryant Hard, Program Representative Leo LaMattina, Program Representative Rachel Magana, Program Representative GRANTS PROCESSING BRANCH John Isaacson, Chief FISCAL AND REPORTING UNIT Michael Cheng, Program Representative Gina Joaquin, Staff Service Analyst Rose Nguyen, Program Representative Christopher Sampang, Office Assistant 1, 1 1 v t.amorma r,mergency Management Agency 55E -14 Page 2 TABLE OF CONTENTS FOREWORD: SECRETARY'S MESSAGE ...................................................... ..............................4 SECTION1 — OVERVIEW .................................................................................. ..............................5 Federal Program Guidance ......................................... ............................... Purpose of the California Supplement ..................................................................... ............................... 5 EligibleSubgrantees ................................................................................................ ............................... 5 SubgranteeAll ocations ............................................................................................ ............................... 6 CalEMA Contact Information ................................................................................ ............................... 6 SECTION 2 — FEDERAL CHANGES AND INITIATIVES ............................. ..............................7 FY10 HSGP Priorities ............................................................................................. ..............................7 M &A Limits ............................................................................................................. ..............................7 PersonnelCap .......................................................................................................... ............................... 7 EHP....................................... ............................... ............................. ............................... ...................... Operation Stonegarden ............................................................................................ ............................... 9 ODPSecure Portal .................................................................................................... ..............................9 SECTION 3 — STATE CHANGES AND INITIATIVES .................................. .............................10 FY10 SHSP Priorities ........................................................................................... ............................... 10 StateInitiative Funding ......................................................................................... ............................... 10 Training................................................................................................................. ............................... 10 TLO................................................... ............................... CALJRIES ............................................................................................................ ............................... 11 SECTION 4 — REQUIRED STATE APPLICATION COMPONENTS ........ .............................12 Financial Management Forms Workbook ............................................................. ............................... 12 NarrativeAttachments ........................................................................................... ............................... 13 GrantAssurances ............................................................................. ............................... 13 ...................... Operational Areas Only ......................................................................................... ............................... 14 StateAgencies Only .............................................................................................. ............................... 14 SECTION 5 — THE STATE APPLICATION PROCESS ............................... .............................15 ApplicationSubmittal ............................................................................................ ............................... 15 ApplicationApproval ............................................................................................ ............................... 15 SECTION 6 — POST AWARD REQUIREMENTS ........................................... .............................16 PostAward Modifications ..................................................................................... ............................... 16 PaymentRequest Process ...................................................................................... ............................... 16 Advances.................... ............................... ............... ............................... .............. ............................... Subgrantee Performance Reports .......................................................................... ............................... 17 Monitoring Subgrantee Performance .................................................................... ............................... 17 Suspensionand Termination ................................................................................. ............................... 18 Cl oseout................................................................................................................. ............................... 18 ATTACHMENTS A- FYI 0 HSGP Allocations ................................................................................. ............................... 19 B- FYI HSGP Timeline ......................................... ............................... C- Sample Governing Body Resolution .............................................................. ............................... 23 D- State Agency Signature Authority Form ......................................................... ............................... 24 E- State Agency Project Narrative ....................................................................... ............................... 25 F- FY10 HSGP Application Checklist ................................................................ ............................... 26 FYI California Emergency Management Agency 55E -15 Page 3 FOREWORD: SECRETARY'S MESSAGE The California Emergency Management Agency (Cal EMA) is the agency vested with the duties, powers, purposes, responsibilities, and jurisdictions previously held within the Governor's Offices of Homeland Security (OHS) and Emergency Services (OES). Specifically, Cal EMA is responsible for designing and implementing homeland security initiatives and ensuring the state's readiness is at its maximum potential to respond to and recover from the effects of all crises. Through these efforts, Cal EMA remains committed to the four mission areas of the Homeland Security Grant Program (HSGP) — to prevent, prepare, respond and recover. In the past year, we have made significant progress and have achieved a number of objectives that continue to make California a better place to live, work, and thrive. We have developed strategies that outline the principles, priorities, initiatives, and objectives which are critical to protecting lives and property through the continuous enhancement of our homeland security programs. Cal EMA will continue to work conscientiously, deliberately, and with a steadfast commitment to enlist, entrust, empower, and encourage our partners; to foster and promote a customer - service - driven program at the center of all activities; and to build and maintain opportunities for growth — both personally and professionally. We will also venture, whenever possible, to make wise investments in those resources that capitalize on multi -use capabilities and that promote greater efficiency in our short- and long -term operations. To further our progress, I am pleased to present the Fiscal Year 2010 State Supplement to the Federal Program Guidance. We have much work ahead of us as we continue to plan for both the expected and the unexpected. California continues to be recognized as a national leader in homeland security and emergency management and therefore, the dedicated staff at Cal EMA will continue to work tirelessly to advance our efforts which we believe will provide the greatest benefits for our state. Throughout the duration of the grant, Cal EMA program representatives will continue to be available to assist you in enhancing your homeland security programs and I encourage you to call upon them for their guidance and expertise. Because of your excellent contributions and achievements, California is a better place to live and do business; California communities are safer, have the best trained and equipped first responders, and continue to move forward with a number of important initiatives. I thank you for your continued support of the HSGP and for your extraordinary efforts. Sincerely, MATTHEW R. BETTENHAUSEN Secretary FYI 0 California Emergency Management Agency 55E -16 Page 4 SECTION 1- OVERVIEW Federal Program The U.S. Department of Homeland Security (DHS) published the Fiscal Year Guidance 2010 (FYI 0) Homeland Security Grant Program, Program Guidance and Application Kit in December, 2009 and may be obtained at: http: / /www.fema gov /pdf /government /grant /2010 /fy10 hsgp kit Ddf Information DHS also issues Information Bulletins that provide updates, clarification, and Bulletins requirements throughout the life of the grant. Information Bulletins may be obtained at: http: / /www.oiD.usdo' )ov /odp /docs/bulletins htm Purpose of the The California Supplement to the Federal Program Guidance is intended to California complement, rather than replace, the Guidance published by DHS. The Supplement Supplement will emphasize the differences between the FY09 and FYI Homeland Security Grant Programs (HSGP), and will include additional California policies and requirements applicable to the FY10 HSGP. Grant Management Cal EMA also issues Grant Management Memos (GMMs) that provide Memos additional information. GMMs can be located at: http://homeland.ca.gov/grants management memo html Eligible Eligible subgrant recipients, referred to as Subgrantees, differ for each Subgrantees program. Generally, eligible Subgrantees include: • Operational Areas (OA) • Includes the Metropolitan Medical Response System (MMRS) • Native American Tribes — represented by a single coordinating group • Urban Areas Security Initiative (UASI) Jurisdictions • State Agencies, Departments, Commissions, Boards, etc. (SA) who have, or can obtain, appropriate state Department of Finance budget authority for awarded funds o Includes the Citizen Corps Program (CCP) Note: All Subgrantees must comply with requirements contained in the federal and state guidance documents, and in the Grant Assurances form. Native American Federal FYI 0 grant guidance strongly encourages Cal EMA to provide Allocation access to HSGP funds directly to Native American Tribes in California. In order for Cal EMA to implement this requirement, a single coordinating group representing the California tribes will be eligible to receive a share of this funding on a base plus population basis. In order to submit an application for funding, California's 108 tribes shall develop a single coordinating group that represents all or substantially all of the tribes. The single coordinating group shall have until October 1, 2010 to submit to Cal EMA its membership, organizational structure and plan for developing coordinated funding priorities among all or substantially all of the California Tribes. All subgrantees are encouraged to coordinate with Tribal Governments to ensure that Tribal needs are considered in the subgrantees applications.' U.S. Department of Homeland Security, Fiscal Year 2010 Homeland Security Grant Program Guidance and Application Kit. Page 10. FYI California Emergency Management Agency Page 5 55E -17 SECTION 1- OVERVIEW Subgrantee FYI Homeland Security Grant Program (HSGP) subgrantee allocations are Allocations included in Appendix A. Supplanting Grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated for the same purpose. Subgrantees will be required to supply documentation certifying that a reduction in non - Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds.Z Public/Private Subgrantees may contract with any other public or private organizations to Organizations perform eligible activities on approved projects. Debarred/ Subgrantees must not make or permit any award (subgrant or contract) at any Suspended Parties tier to any party that is debarred, suspended, or otherwise excluded from, or ineligible for, participation in Federal assistance programs. Subgrantees must obtain documentation of eligibility prior to any subaward of HSGP funds and be prepared to present supporting documentation to monitors.3 Cal EMA Contact All subgrantee application materials, related questions, comments and Information correspondence should be directed to: California Emergency Management Agency ATTN: Office of Grants Management, HSGU 3650 Shriever Ave Mather, CA 95655 Cal EMA Main Phone Line: (916) 845 -85 10 Homeland Security Grant Unit (HSGU) Fax: (916) 324 -5902 Website: http://www.calema.ca.Gov HSGU Program Cameron Bardwell at cameron.bardwe11(.&ohs ca gov or (916) 322 -8740 Representatives Maybel Garing - Espilla at maybe 1. gari n g(? ,oh ca Gov_ or (916) 324 -9312 Casey Granados at casey.granados@ohs.ca.gov or (916) 322 -2643 Bryant Hard at Bryant. hardgcalema.ca ov or (916) 324 -9067 Leo LaMattina at leo.lamattina(j�ohs.ca.gov or (916) 324 -6347 Rachel Magana at rachel.ma anakohs.ca ov or (916) 324 -9314 Cal EMA representatives may be located on the regional map at: http: / /www.calema.ca gov /WebPage /oeswebsite nsf /ClientOESFileLibraa /Homeland% Security %20Files /$file /HSGPmap]2 -28 -09 pdf Ibid., page 41. 3 Ibid., page 57. r 1 1v %,ainorma rsmergency Management Agency 55E -18 Page 6 SECTION 2 - FEDERAL CHANGES AND INITIATIVES HSGP Priorities The Federal FYI 0 HSGP (State Homeland Security Program [SHSP], Urban Areas Security Initiative [UASI], Metropolitan Medical Response System [MMRS], and Citizen Corps Program [CCP]) will focus on the following eight National Priorities4: • Expand Regional Collaboration • Implement the National Incident Management System and National Response Framework • Implement the National Infrastructure Protection Plan • Strengthen Information Sharing and Collaboration Capabilities • Strengthen Interoperable and Operable Communications Capabilities • Strengthen CBRNE Detection, Response, and Decontamination Capabilities • Strengthen Medical Surge and Mass Prophylaxis Capabilities • Community Preparedness: Strengthening Planning and Citizen Capabilities • Strengthen CBRNE Detection, Response, and Decontamination Capabilities • Strengthen Medical Surge and Mass Prophylaxis Capabilities • Community Preparedness: Strengthening Planning and Citizen Capabilities 25% Planning The 25% planning priority requirement has been removed from the FYI HSGP Guidance.5 25% Law As in past years, at least 25% of FY10 HSGP funding for SHSP and UASI Enforcement recipients must be dedicated to law enforcement - oriented planning, organization, training, exercise, and equipment activities.b M &A Limits The subgrantee Management and Administrative (M &A) allowance has been raised from 3% to 5% for the FYI 0 HSGP.' Personnel MMRS and CCP recipients no longer have a personnel cap. UASI and SHSP Cap recipients still have a personnel cap of 50 %.8 Interoperable Subgrantees that are using FYI 0 funds to purchase interoperable Equipment communication equipment must consult SAFECOM's coordinated grant guidance, which outlines standards and equipment information to enhance interoperable communication.9 The SAFECOM guidance can be found at http://www.safecomprogram.gov. Equipment HSGP funds may be used for maintenance contracts, warranties, repair or Maintenance/ replacement costs, upgrades and user fees under all active and future awards, Sustainment unless otherwise noted. The equipment must have been purchased with HSGP funds.10 4 Ibid., pages 5 -6. 5 Ibid., pages i, 36. 6 Ibid., pages 10, 21, 35. Ibid., page i. " Ibid., page 40. 9 Ibid., page 38. 10 Ibid., pages i, 44 -46. r j iv %_,ainorma emergency management Agency 55E -19 Page 7 SECTION 2 - FEDERAL CHANGES AND INITIATIVES Special Needs Populations whose members may have additional access and functional needs Populations before, during, and after an incident must be included in planning, response and recovery documents.'' Subgrantees conducting major planning projects (including, but not limited to: Evacuation, Mass Care and Shelter, Disaster Recovery, etc.) will be required to address access and functional needs within their planning documents in order to maintain eligibility for HSGP. EHP Any project with the potential to impact natural or biological resources or historic properties cannot be initiated until FEMA has completed the required Environmental Planning and Historic Preservation (EHP) review. Subgrantees who are proposing communication tower projects are encouraged to complete their Federal Communication Commission (FCC) EHP process prior to preparing their EHP review materials for Grants Program Directorate (GPD), and to include their FCC EHP materials with their submission to GPD.12 Critical In furtherance of DHS's mission, critical emergency supplies, such as shelf Emergency stable food products, water, and basic medical supplies are an allowable Supplies expense under FYI SHSP. Prior to expending funds on these supplies, Subgrantees must provide Cal EMA with a viable inventory management plan, an effective distribution strategy, sustainment costs for such an effort, and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning. Exercises Subgrantees must conduct threat and performance -based exercises in accordance with DHS Homeland Security Exercise and Evaluation Program (HSEEP) manuals. Grant recipients must report on scheduled exercises at https://hseep.dhs.gov. For each exercise conducted with FEMA support (grant funds or direct support), subgrantees must submit an After Action Report (AAR) and Improvement Plan (IP) to the FEMA Grants and Preparedness Community of interest (COI)on the Homeland Security information Network (HSIN) within 90 days following the completion of the exercise. 13 For more information on this process, please contact Kevin Chan at (916) 324 -6736 or kevin.chan a ohs.ca gov. Note: Urban Areas are required to develop a Multi -year Training and Exercise Plan and submit it to FEMA on an annual basis. Subgrantees must provide a copy to their Cal EMA Program Representative. '' Ibid., pages 58 -59. 12 Ibid., pages 59 -61. 13 Ibid., pages 63 -64. . IM �auivl uia nulcrgency management Agency 55E -20 Page 8 SECTION 2 - FEDERAL CHANGES AND INITIATIVES Operation In FYI 0, FEMA added Operation Stonegarden (OPSG) as a fifth sub - program Stonegarden under The Homeland Security Grant Program (HSGP) suite. 14 However, the OPSG program will still be maintained by the Infrastructure Protection Grant Unit at Cal EMA and, as such, a separate state supplemental guidance was issued. The Cal EMA OPSG supplement was posted to the Cal EMA website at 1:30pm (PST) on February 1, 2010 and can be located at: http: // www. calema .ca.gov /WebPage /oeswebsite nst `/CIientOESfiIeIibrary /homeland% 20Security %20tlles /$file /FY2010 OPSG State implement Guidance pdf For further information regarding the OPSG, please contact Scott Sano at (916)324 -6119 or scott.sano(2ohs.ca.gov. ODP Secure The Office of Domestic Preparedness (ODP) secure portal has been migrated Portal to the Homeland Security Information Network (HSIN). To obtain access, please contact BJ Bjornson, Cal EMA's Secure Portal Administrator, at (916) 826 -4488 or bi biornsonaohs.ca.gov The new "Portal" may be accessed at: https: / /portal.hsin.gov More information regarding the HSIN, please see Information Bulletin 335 at: http: / /www fema gov /pdf /government /grant /bulletins /info335pdf 14 /bid., page i. FYI California Emergency Management Agency 55E -21 Page 9 SECTION 3 - STATE CHANGES AND INITIATIVES SHSP Priorities While the State Homeland Security Strategy broadly describes goals, objectives, and implementation steps, the State's priorities for FYI HSGP are: (1) Interoperable Communications (2) Catastrophic Planning (3) Medical Surge (4) Citizen Preparedness and Participation (5) Mass Prophylaxis (6) Critical Infrastructure Protection (7) Training for First Responders (8) Food and Agricultural Safety State Initiative In FY 10, Cal EMA shall retain 20% of the SHSP and UASI funding for state Funding initiatives. The State will pass through 100% of the MMRS and CCP. "On Behalf Of" Cal EMA may, in conjunction with local approval authorities, designate funds "on behalf of local entities that choose to decline or fail to utilize their homeland security award in a timely manner. Regional Approach Subgrantees must take a regional approach when determining the best use of FY10 HSGP funds. Subgrantees must consider the needs of local units of government and applicable volunteer organizations in the projects and activities included in their FYI HSGP application. Strategy, Planning, Cal EMA will conduct its annual Investment Justification Planning Workshop and Metrics to receive statewide input across all disciplines. The workshop will be held in Workshop the Fall of 2010. This workshop is an eligible planning activity. Please be sure to include the cost to attend this workshop in your FYI HSGP Application. Training The State 10% training requirement has been removed from the FYI HSGP. Non -DHS/ FEMA When seeking approval of non- DHS/FEMA developed courses, course Developed materials must be submitted with the approval requests. Conditional Training Courses approvals are no longer offered. For further information on this or other training related inquiries, please contact the Cal EMA Training Division at (916) 324 -9128. Cal EMA Training Website: htip://www.calema.ca.gov/WebPage/oeswebsite.nsf/content/2FB7] BECDCB00O3D8 8257678005 DDE EMOpenDocument ,, , ,v %-,a,uurma emergency management Agency 55E -22 Page 10 SECTION 3 - STATE CHANGES AND INITIATIVES Golden Guardian Subgrantees scheduled to participate in Golden Guardian (GG) exercise activities should program FYI HSGP funds into their subgrant application. Cal EMA Program Representatives will be checking applications from subgrantees scheduled to participate in GG activities within the FYI HSGP grant performance period for adequate exercise funding. For exercise related issues and /or questions, please contact BJ Bjornson at (916) 826 -4488 or bj.biornsonkohs.ca.gov. Terrorism Liaison In an effort to continue to build towards a comprehensive integrated Officer prevention network of information sharing, all recipients of FYI 0 Homeland Security Grant funds will be required to designate a trained Terrorism Liaison Officer (TLO) within their organization. Subgrantees must require documentation for their subrecipients prior to the subaward of Homeland Security Grant funds, which needs to be available during a monitoring visit. CAL DRIES The State Terrorism Threat Assessment Center (STTAC) and Regional Terrorism Threat Assessment Centers (RTTAC) are all linked by a common information sharing system, the California Joint Regional Information Exchange System (CAL DRIES), which provides data sharing capabilities throughout the state. The JRIES is an integral component in the information sharing network throughout the state. FYI California Emergency Management Agency 55E -23 Page 11 SECTION 4 - REQUIRED STATE APPLICATION COMPONENTS (A checklist for application completeness can be found in Appendix E) Financial The Cal EMA Financial Management Forms Workbook (FMFW) includes: Management Forms Workbook Application Cover Sheet — Use the Cover Sheet to apply for grant programs. Each grant program requires its own separate cover sheet. The application cover sheet must be signed in blue ink. Grant Management Roster — List the names and details of employees and /or contractors currently managing grants. Project Descriptions — Describe the various details of each Project (letter /name, IJs /Goals and Objectives, brief description, need /status, milestones). A maximum of 20 projects are allowed. Project Ledger —The project ledger is used in the application process to submit funding information and is used in the post -award phase for submitting Cash Requests, Modifications, and Advances. Equipment Inventory Ledger — Provide detailed information on grant funded Equipment including the Authorized Equipment List (AEL) numbers. All AEL information can be found on the web at http: / /www.rkb.us Training Roster — Provide detailed information on training courses including the Cal EMA course approved feedback numbers for each activity. Exercise Roster — Provide detailed information on Exercise activities. Planning Ledger — Provide detailed information on Planning activities with a final product identified. Authorized Agent Sheet — The Authorized Agent Sheet must be submitted with the application, and all Cash Requests, Modifications, or Advances, with appropriate signatures. 2010 HSGP FMFW Version 1.10 can be accessed at: http: / /www.calema.ca eov /WebPage /oeswebsite nsf /Content /2AD14C38229F5FO388 2575610081917F ?OpenDocument FYI California Emergency Management Agency 55E -24 Page 12 SECTION 4 - REQUIRED STATE APPLICATION COMPONENTS Narrative Explanation of 25% Law Enforcement (SHSP and UASI only) — Describe Attachments how the Subgrantee will meet the minimum federal requirement for funding Law Enforcement - oriented activities. Management and Administrative (M &A) Cap — Describe how the Subgrantee will not surpass the federally mandated 5% cap on M &A. Personnel Cap (SHSP and UASI only) — Describe how the Subgrantee will not surpass the federally mandated 50 %personnel cap. Special Needs Populations — Provide the name, title and contact information for the Subgrantees local person(s) responsible for coordinating access and functional needs of special needs populations in planning, response and recovery. Terrorism Liaison Officer (TLO) Roster — The Subgrantee must identify certified TLOs and provide an initial roster with the application. California Joint Regional Information Exchange System (CAL DRIES) Access — Applicants must document access to CAL JRIES, or submit an application for access to CAL JRIES, in their grant application to be eligible for funding. Access or an application for access will be confirmed with the State Terrorism Threat Assessment Center (STTAC) prior to final application approval. Training with AAR/Exercise Detail — Per the Federal Guidance, training conducted using HSGP funds should address a performance gap identified through an After Action Report/ Improvement Plan (AAR/IP) or contribute to building a capability that will be evaluated through an exercise. Subgrantees will explain in a narrative the gap identified provide access to the AAR or details of the upcoming exercise and submit to their CaIEMA Program Representative. Grant Assurances The Grant Assurances list the requirements to which the subgrantees will be held accountable. All applicants will be required to submit a signed, original copy of the FYI Grant Assurances with their FY10 HSGP application. The required Grant Assurances form can be found only in PDF format on the Cal EMA website and will be available within 14 days of the Federal award. Note: Selfcreated Grant Assurances will not be accepted. r z iv %_a,uorma r,mergency management Agency 55E -25 Page 13 SECTION 4 - REQUIRED STATE APPLICATION COMPONENTS Operational Approval Authority Body — Operational Areas must appoint an Anti - Areas Only Terrorism Approval Body (Approval Authority) to have final approval of the OA's application for SHSP funds. The Approval Authority shall consist of the following representatives, and additional voting members may be added by a simple majority vote of the following standing members: • County Public Health Officer or designee responsible for Emergency Medical Services • County Fire Chief or Chief of Fire Authority • Municipal Fire Chief (selected by the Operational Area Fire Chiefs) • County Sheriff • Chief of Police (selected by the Operational Area Police Chief) Note: A list of the Approval Authority Body members and their associated contact information, as well as a written agreement from each member, must be submitted with the FY10 HSGP application. Contact your program representative for more information. Governing Body Resolution — The Governing Body Resolution appoints Authorized Agents (identified by the individual's name or by a position title) to act on behalf of the governing body and the applicant by executing any actions necessary for each application and subgrant. All applicants will be required to submit a certified copy of their FYI Governing Body Resolution with their FYI HSGP application. A sample Resolution can be found in Appendix C. Authorized Agent Information Form — For each person or position appointed by the governing body, submit the following information to Cal EMA, along with the Resolution, on the applicant's letterhead: • Name • Title • Jurisdiction • Grant Program • Phone & Fax Number(s) • E -Mail Address • Street Address, City, & Zip Code Note: Changes can be made to the Authorized Agent if and when necessary. If the Governing Body Resolution identifies the Authorized Agent by name, a new Resolution and corresponding Authorized Agent Information Sheet are needed when any changes are made. If the Governing Body Resolution indentified the Authorized Agents by position and /or title, changes can be made by submitting a new Authorized Agent Information Sheet. State Agencies Project Narrative — In addition to the FMFW Project Descriptions, State Only Agencies must complete a Project Narrative form (included in Appendix D). Signature Authority— State Agency applications must be signed by the highest -level person, or their designee. If a designee is signing, the highest - level person must execute and submit a Signature Authority form with the Application (included in Appendix D). FYI California Emergency Management Agency 55E -26 Page 14 SECTION 5 -THE STATE APPLICATION PROCESS Application The completed FMFW V 1.10 must be mailed in hard copy with original Submittal signatures and also submitted electronically via posting to the new "Portal" (https://portal.hsin. ov) marked "FY10 HSGP Application ". Detailed instructions on the electronic submittal process will be issued in a Cal EMA Grant Management Memo prior to application due date. Documents requiring an original signature will need to be mailed in hardcopy. Signatures must be in blue ink only. HAND DELIVERED APPLICATIONS WILL NOT BE ACCEPTED Late or Incomplete All application materials are due no later than Friday, August 13,2010 (see Applications Timeline in Appendix B). Only applications postmarked by the due date will be accepted. Applications lost in transit are the responsibility of the applicant and will not be considered for funding. Late or incomplete applications will be reviewed and /or denied, and additional information will be requested and /or accepted from subgrantees, at the sole discretion of Cal EMA Application The subgrantee will receive written notice of the state's approval of the Approval subgrant application no later than 45 days after the federal grant award. Subgrantee reimbursements will not be made until all required application components have been approved by the state and all conditional holds removed. 1 1 1v �­alrlurnia zmergency management Agency 55E -27 Page 15 SECTION 6 - POST AWARD REQUIREMENTS Post Award Post award budget, scope and time modifications must be requested using the Modifications Cal EMA Financial Management Forms Workbook V 1.10, signed by the subgrantee's Authorized Agent, and submitted to the subgrantee's Program Representative in the Homeland Security Grant Unit at Cal EMA. The subgrantee may implement the modifications, and incur associated expenses, only after receiving written final approval of the modification from the State. Failure to submit modification requests, and receive written approval prior to expenditure, could result in a reduction or disallowance of that part of the grant. Note: Modifications can be requested once per quarter during the grant performance period. Payment Request To request advance or reimbursement payment of FYI 0 HSGP funds, Process complete a payment request form using the Cal EMA Financial Management Forms Workbook and return it to the appropriate Program Representative in the Homeland Security Grant Unit at the Cal EMA. Subgrantees who fail to follow the workbook instructions may experience delays in processing. Payments can only be made if the subgrantee has submitted a completed an approved application. Exercise costs will not be reimbursed until an AAR has been posted and access to the AAR has been granted to Rachel Magana. Rachel can be reached at (916) 324 -9314 or rachel.ma anana,ohs.ca.gov. Advances and DHS allows subgrantees to request FYI HSGP funds up to 120 days prior Interest Earned on to expenditure /disbursement, or on a reimbursement basis. The federal guide Advances requires that advances must be deposited in interest - bearing accounts, and describes how interest earned should be returned quarterly to the federal government. In addition to returning interest in accordance with the prescribed federal guidance, subgrantees must also inform the grantee's Program Representative in the Homeland Security Grant Unit at the Cal EMA of any interest returned on program funds. Performance Bond Many subgrantees were unable to procure large equipment items due to problems with vendor delivery scheduled to occur after the federal reporting period had expired. To assist with this issue, DHS allowed subgrantees to obtain a "performance bond" wherein subgrantees procured the item(s) in question, paid the money up front, and obtained a performance bond to ensure delivery of the item within 90 days of the subgrantees performance period. Subgrantees must obtain a performance bond for any equipment item over $250,000 or any vehicle, aircraft or watercraft, financed with homeland security dollars. FYI California Emergency Management Agency Page 16 55E -28 SECTION 6 - POST AWARD REQUIREMENTS Subgrantee Subgrantees must prepare and submit performance reports to the state for the Performance duration of the grant performance period, or until all grant activities are Reports completed and the grant is formally closed by Cal EMA. Subgrantees must complete a Biannual Strategy Implementation Report (BSIR) using the DHS/FEMA Grants Reporting Tool (GRT). To obtain access to the online GRT, please log on to their website at www.re porting. odp dhs gov_. To create a new account, follow the instructions that read, "If you need to register for an account, please click here." For additional assistance with the GRT, please contact: Rose Nguyen at rose.nguyenaohs.ca.Po_v or (916) 322 -2607 Michael Cheng at michael.cheng_na ohs.ca ov or (916) 324 -6779 Failure to Submit Periodic reporting is required by the grant. Subgrantees who miss a Required Reports single reporting deadline may receive a letter addressed to their Board of Supervisors informing them of the failure to report. County Operational Areas and Tribal Native Americans who fail to report twice in a row may have subsequent awards reduced by 10% until timely reporting is reestablished. UASI's shall have a "hold" placed on any future reimbursements. Monitoring Corrective Action Plans — The Monitoring and Audits Unit (MAU) is Subgrantee actively conducting monitoring visits, both desk review and on -site, among Performance subgrantees. Many of these jurisdictions receive "findings" that necessitate a Corrective Action Plan (CAP) on their part. Those subgrantees who fail to submit a CAP as required shall have a "hold" placed on any future reimbursements until the "finding" is resolved. The state is currently conducting a program of sub - grantee monitoring. The monitoring will be conducted on the subgrantees administrative, programmatic and fiscal management of the grant(s). These reviews may include, but are not limited to: • Eligibility of expenditures. • Comparing actual subgrantee activities to those approved in the subgrant application and subsequent modifications, if any. • Ensuring that advances have been disbursed in accordance with applicable guidelines. • Confirming compliance with: o Grant Assurances; Information provided on performance reports and payment requests; and Needs and threat assessment and strategies. Note: It is the responsibility ofall subgrantees to monitor and audit the grant activities of their subrecipients. This requirement includes.. but is not limited to, on site verification of grant activities as required. FYI California Emergency Management Agency 55E -29 Page 17 SECTION 6 - POST AWARD REQUIREMENTS Suspension/ The State may suspend or terminate subgrant funding, in whole or in part, or Termination other measures may be imposed for any of the following reasons: • Failing to expend funds in a timely manner consistent with the grant milestones, guidance and assurances. Failing to comply with the requirements or statutory objectives of federal or state law. • Failing to make satisfactory progress toward the goals or objectives set forth in the subgrant application. • Failing to follow grant agreement requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • Failing to submit required reports. • False certification in the application or other report or document. • Failing to adequately manage, monitor or direct the grant funding activities of their subrecipients. Before taking action, the state will provide the subgrantee reasonable notice of intent to impose corrective measures and will make every effort to resolve the problem informally. Closeout The State will close a subgrantee award after: • Receiving a subgrantee Performance Report indicating that all approved work has been completed, and all funds have been disbursed; Completing a review to confirm the accuracy of reported information; Reconciling actual costs to awards, modifications and payments. If the closeout review and reconciliation indicates that the subgrantee: • is owed additional funds, the State will send the final payment automatically to the subgrantee. • did not use all funds received, the state will issue an Invoice or Grant Modification letter to recover unused funds. In the Grant Closeout Letter, the State will notify the subgrantee of the start of the record retention period for all programmatic and financial grant related records. Note: Failure to maintain all grant records for the required retention period could result in a reduction of grant funds, and an invoice to return costs associated with the unsupported activities. FYI California Emergency Management Agency 55E -30 Page 18 ATTACHMENT A - FY10 HSGP ALLOCATIONS FYI California Emergency Management Agency 55E -31 Page 19 State Homeland Security Program (SHSP) Operational Area Population Base Amount 25% LE SHSP Total Award (25% LE + SHSP) ALAEDA M 1,556,657 100,000 796,945 2,390,835 3,187,780 ALPINE 1,201 100,000 25,596 76,787 102,382 AMADOR 38,080 100,000 43,884 131,652 175,535 BUTTE 220,748 100,000 134,469 403,406 537,875 CALAVERAS 45,987 100,000 47,805 143,415 191,220 COLUSA 21,997 100,000 35,908 107,725 143,633 CONTRA COSTA 1,060,435 100,000 550,869 1,652,607 2,203,476 DEL NORTE 29,547 100,000 39,652 118,957 158,609 180,185 100,000 114,354 343,061 457,414 ESNO 942,298 100,000 492,285 1,476,855 1,969,140 rHDORADO ENN 29,239 100,000 39,500 118,499 157,998 MBOLDT 1 32,755 100,000 90,833 272,499 363,332 PERIAL 179,254 100,000 113,892 341,676 455,568 INYO 18,049 100,000 33,950 101,851 135,802 KERN 827,173 100,000 435,195 1,305,584 1,740,778 KINGS 154,743 100,000 101,737 305,211 406,948 LAKE 64,025 100,000 56,750 170,250 227,000 LASSEN 35,550 100,000 42,629 127,888 170,517 LOS ANGELES 10,393,185 100,000 5,178,973 15,536,920 20,715,893 MADERA 152,331 100,000 100,541 301,623 402,163 MARIN 258,618 100,000 153,248 459,745 612,994 MARIPOSA 18,306 100,000 34,078 102,234 136,312 MENDOCINO 90,206 100,000 69,733 209,199 278,932 MERCED 256,450 100,000 152,173 456,520 608,694 MODOC 9,698 100,000 29,809 89,428 119,237 MONO 13,504 100,000 31,697 95,090 126,786 MONTEREY 431,892 100,000 239,175 717,525 956,700 NAPA 137,571 100,000 93,221 279,664 372,885 NEVADA 98,718 100,000 73,954 221,863 295,817 ORANGE 3,139,017 100,000 1,581,636 4,744,909 6,326,545 PLACER 339,577 100,000 193,396 580,188 773,584 PLUMAS 20,632 100,000 35,231 105,694 140,926 RIVERSIDE 2,107,653 100,000 1,070,184 3,210,551 4,280,735 SACRAMENTO 1,433,187 100,000 735,716 2,207,149 2,942,866 SAN BENITO 58,016 100,000 53,770 161,310 215,080 SAN BERNARDINO 2,060,950 100,000 1,047,024 3,141,071 4,188,095 SAN DIEGO 3,173,407 100,000 1,598,690 4,796,071 6,394,761 SAN FRANCISCO 845,559 100,000 444,312 1,332,936 1,777,248 SAN JOAQUIN 689,480 100,000 366,913 1,100,738 1,467,651 SAN LUIS OBISPO 270,429 100,000 159,106 477,317 636,422 SAN MATEO 745,858 100,000 394,870 1,184,611 1,579,482 SANTA BARBARA 431,312 100,000 238,887 716,662 955,549 SANTA CLARA 1,857,621 100,000 946,193 2,838,579 3,784,772 SANTA CRUZ 268,637 100,000 158,217 474,651 632,868 SHASTA 183,023 1 00,000 115,761 347,283 463,044 FYI California Emergency Management Agency 55E -31 Page 19 ATTACHMENT A - FY10 HSGP ALLOCATIONS SIERRA 3,358 100,000 26,665 79,996 106,661 SISKIYOU 45,973 100,000 47,798 143,394 191,192 SOLANO 426,729 100,000 236,615 709,844 946,458 SONOMA 486,630 100,000 266,319 798,958 1,065,278 STANISLAUS 526,383 100,000 286,033 858,099 1,144,132 SUTTER 96,554 100,000 72,881 218,643 291,524 TEHAMA 62,836 100,000 56,160 168,481 224,641 TRINITY 13,959 100,000 31,922 95,767 127,689 TULARE 441,481 100,000 243,930 731,790 975,720 TUOLUMNE 56,335 100,000 52,936 158,809 211,746 VENTURA 836,080 100,000 439,611 1,318,834 1,758,446 YOLO 200,709 100,000 124,531 373,594 498,126 YUBA 72,900 100,000 61,151 183,453 244,604 Total 38,292,687 $5,800,000 $20,439317 61,317,950 $81,757,267 Native American Allocation Coordinating Group Population p Base Amount o 25 /o LE SHSP Total Award NATIVE AMERICAN TRIBES 71,287 $100,000 $60,351 $181,054 241,405 Regional Terrorism Threat Assessment Centers (RTTAC) Region Total Award SAN FRANCISCO BAY AREA 1,000,000 SACRAMENTO/CENTRAL VALLEY AREA 1,000,000 GREATER LOS ANGELES AREA 1,000,000 SAN DIEGO AREA 1,000,000 Total $4,000,000 Urban Areas Security Initiative (UASI) *A minimum of 25% of UASI funding must be utilized for Law Enforcement ur oses Urban Area Federal Allocation 80% Allocation to to State UASI 20% State Initiatives ANAHEIM /SANTA ANA AREA 12,773,050 10,218,440 2,554,610 BAY AREA 42,827,663 34,262,131 8,565,532 LOS ANGELES /LONG BEACH AREA 69,922,146 55,937,717 13,984,429 OXNARD AREA 2,507,575 2,006,060 501,515 RIVERSIDE AREA 5,286,378 4,229,103 1,057,275 SACRAMENTO AREA 3,947,286 3,157,829 789,457 SAN DIEGO AREA 16,208,500 12,966,800 3,241,700 BAKERSFIELD AREA 1,014,919 811,936 202,983 Total $154,487,517 $123,590,016 $30,897,501 Metropolitan Medical Response System (MMRS) FYI California Emergency Management Agency 55E -32 Page 20 ATTACHMENT A - FY10 HSGP ALLOCATIONS MMRS Jurisdiction Federal Allocation to State Allocation to MMRS ANAHEIM 317,419 317,419 BAKERSFIELD 317,419 317,419 FREMONT 317,419 317,419 FRESNO 317,419 317,419 GLENDALE 317,419 317,419 HUNTINGTON BEACH 317,419 317,419 LONG BEACH 317,419 317,419 LOS ANGELES 317,419 317,419 MODESTO 317,419 317,419 OAKLAND 317,419 317,419 RIVERSIDE 317,419 317,419 SACRAMENTO 317,419 317,419 SAN BERNARDINO 317,419 317,419 SAN DIEGO 317,419 317,419 SAN FRANCISCO 317,419 317,419 SAN JOSE 317,419 317,419 SANTA ANA 317,419 317,419 STOCKTON 317,419 317,419 Total $5,713,542 $5,713,542 Citizen Corps Program (CCP) CCP Federal Allocation to State Allocation to CCP CALIFORNIA VOLUNTEERS $986,002 $986,002 FYI California Emergency Management Agency 55E -33 Page 21 55E -34 ATTACHMENT B - FY10 HSGP TIMELINE DHS Announcement of FYI HSGP December 8, 2009 FYI HSGP California Supplement (Including Subgrantee March 2010 Allocations) Release SAA Application Due to DHS April 19, 2010 Subgrantee Application Workshops April 2010 DHS Award to California July 30, 2010* Subgrantee Applications Due to Cal EMA August 13, 2010* Subgrantee Awards (45 days from DHS award) September 13, 2010* Subgrantee Performance Period Begins September 13, 2010* Subgrantee Performance Period Ends April 30, 2013 Final Requests for Reimbursement Due May 10, 2013 SAA Performance Period Ends July 31, 2013 * Date approximate depending on DHS award date r Y i u Lantorma Emergency Management Agency 55E -35 Page 22 55E -36 ATTACHMENT C - SAMPLE GOVERNING BODY RESOLUTION BE IT RESOLVED BY THE OF THE (Governing Body) (Name of Applicant) (Name or Title of Authorized Agent) (Name or Title of Authorized Agent) THAT • ' M (Name or Title of Authorized Agent) is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub - granted through the State of California. Passed and approved this Certification I, (Name) Of the day of 20 duly appointed and i itie) (Governing Body) do hereby certify that the above is a true and correct copy of a resolution passed and approved by the day of 20 r r iu Laiuornia Emergency Management Agency 55E -37 (Official Position) (Signature) (Date) Page 23 55E -38 ATTACHMENT D - STATE AGENCY SIGNATURE AUTHORITY FORM AS THE OF THE (Secretary /Director / President / Chancellor) (Name of State Organization) I hereby authorize the following individual(s) to execute for and on behalf of the named state organization, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub - granted through the California Emergency Management Agency. Signed and approved this (Name or Title of Authorized Agent) (Name or Title of Authorized Agent) OR (Name or Title of Authorized Agent) FYI California Emergency Management Agency day of 55E -39 cl (Signature) Page 24 55E -40 ATTACHMENT E - STATE AGENCY PROJECT NARRATIVE Applicant (state organization) NOTE: Complete a separate Project Description for each pro-posed roject Project Title :. State Strategy Goal and Objective Supported by the Project: Indicate the State Priority Supported by the Project: Interoperable Communications Catastrophic Planning Medical Surge Citizen Preparedness and Participation Mass Prophylaxis Critical Infrastructure Protection Training for First Responders Food and Agriculture Safety Provide a detailed description of the proposed project and how it supports the state priority indicated. For construction and/or renovation projects, provide the following additional information: • A description and location of the facility; • A description of the vulnerability assessment and the date the assessment was conducted (the assessment does not have to be submitted with the application); • A description of how the proposed project will address the vulnerabilities identified in the assessment; • A description of the consequences if the project is not funded under HSGP FYI 0 Please check the appropriate box: ❑ Our agency currently has spending authority for the requested funds. ❑ Our agency does not currently have spending authority for the requested funds. See below for explanation: r i iv t,aiuorma emergency Management Agency 55E -41 Page 25 55E -42 ATTACHMENT F - FY10 HSGP APPLICATION CHECKLIST Subgrantee: Cal EMA Regional Rep: OPERATIONAL/URBAN AREAS Financial Management Forms Workbook Application Cover Sheet Grant Management Roster Project Descriptions Project Ledger Equipment Inventory Ledger Training Roster Exercise Roster Planning Ledger Authorized Agent Sheet Narrative Attachments: 25% Law Enforcement — Minimum 5% M &A Cap 50% Personnel Cap (UASI & SHSP only) Special Needs Populations TLO Roster CAL JRIES Access Training w /AAR/Exercise Detail Approval Authority (OAs only): Contact Information for each member Written Agreement from each member Governing Body Resolution (Certified) Authorized Agent(s) Information Form Grant Assurances (Signed Originals) FY 10 Calitornia Emergency Management Agency FIPS #: STATE AGENCIES 55E -43 Financial Management Forms Workbook Application Cover Sheet Grant Management Roster Project Descriptions Project Ledger Equipment Inventory Ledger Training Roster Exercise Roster Planning Ledger Authorized Agent Form Narrative Attachments: TLO Roster CAL JRIES Access 25% Law Enforcement - Minimum Special Needs Populations Training w /AAR/Exercise Detail 5% M &A Cap 50% Personnel Cap Project Narrative Form Signature Authority - Authorized Agent Grant Assurances (Signed Originals) Page 26 55E -44 Name of Applicant: Address: City: California Emergency Management Agency FY2010 Grant Assurances (All HSGP Applicants) State: Telephone Number: Fax Number: E -Mail Address: Zip Code: As the duly authorized representative of the applicant, I certify that the applicant named above: Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, California Emergency Management Agency (Cal EMA). Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY2010 Investment Justifications submitted to DHS /FEMA /Cal EMA, where applicable. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and /or awarding agency directives. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. Exhibit C Page 1 55E -45 Initials 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty -five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all provisions of DHS /FEMA's codified regulation 44, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 11. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 12. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS /FEMA /Cal EMA. 13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority - owned, women - owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 14. Will notify Cal EMA of any developments that have a significant impact on award - supported activities, including changes to key program staff. 15. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of structures. 16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683 and 1685 - 1686), which prohibits discrimination on the basis of gender. C. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101- 6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. Page 2 Initials 55E -46 g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. I. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. m. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 17. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91 -646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally- assisted programs. 18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more. 19. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 20. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS /FEMA /Cal EMA, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, and purchase and /or use of any sonar equipment. The subgrantee must comply with all conditions placed on the project as a result of the EHP review. Any construction - related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS /FEMA /Cal EMA funding. Any change to the scope of work will require re- evaluation of compliance with the EHP. If ground- disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are Page 3 Initials 55E -47 discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA /Cal EMA and the appropriate State Historic Preservation Office. 21. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 22. Will provide any information requested by DHS /FEMA /Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (EO12898) and Environmental Quality (EO11514). b. Notification of violating facilities pursuant to EO 11738. C. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080 - 21098. California Code of Regulations, Title 14, Chapter 3 Section 15000- 15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 23. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 24. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEAM s Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEAM s Grant Programs Directorate or the U.S. Department of Homeland Security. " The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security. " 25. Acknowledges that DHS /FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub - award; and b) any rights of copyright to which a recipient or sub - recipient purchases ownership with Federal support. Page 4 55E -48 Initials 26. The recipient agrees to consult with DHS/FEMA /Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 27. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. C. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 29. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 30. Will comply, if applicable, with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 31. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non - profit organizations. 33. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a -7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327 -333), regarding labor standards for Federally- assisted construction sub - agreements. 34. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member Page 5 Initials 55E -49 of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. C. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 35. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 36. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non - Federal funds. 37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A -133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 38. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations (OMB Circular A -110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A -87); Part 220 Cost Principles for Educational Institutions (OMB Circular A -21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A -122). 39. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 40. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 42. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. Page 6 55E -50 Initials 43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2010 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and /or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2010 Homeland Security Grant Program application. Further, use of FYI 0 funds is limited to those investments included in the California FYI Investment Justifications submitted to DHS/FEMA /Cal EMA and evaluated through the peer review process. 44. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension ". 45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and b. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 46. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on -going drug -free awareness program to inform employees about: L The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and Page 7 Initials 55E -51 iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 47. Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 48. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he /she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: Page 8 55E -52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: PUBLIC HEARING — RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2 Id Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2010 -2011 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charge to the office of Auditor - Controller, County of Orange. DISCUSSION The City's Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and that harbor illegal activity. The abatements are accomplished by board -ups and /or demolition. Property owners are given 2 to 30 days depending on the severity of the hazardous conditions to abate the situation or the City, through its contractors, will perform the work. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous and abandoned properties. This year the outstanding charge for work performed on ten parcels is $22,883.59 (Exhibit 1). The property owner names are provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor /Controller in order that they may be placed as a lien on the property tax rolls. Charges must be submitted to the County by their deadline of August 10, 2011. 75A -1 Recovery of Uncollected Costs for Abatement of Dangerous and Abandoned Buildings July 18, 2011 Page 2 FISCAL IMPACT The recovered charge will result in an estimated $22,883.59 in the Special Repair and Demolition Fund account (no. 12115002 - 53507). Ua�M. Trevino Executive Director Planning & Building Agency SV: rb rb \reports \FY10 -11 Cost Recovery Exhibit: 1. Parcel Assessment Amounts 2. Property Owner Listing APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency/. 75A -2 (ROH 07/18/11) RESOLUTION NO. 2011 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER 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. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing and demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Planning and Building Agency has given notice as required by law, in which the 18th day of July, 2011, at the hour of 6:00 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Resolution No. 2011 -xxx Page 1 of 5 75A -3 Section 3. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 17, 2011. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2011 -2012 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this 18th day of Jam, 2011. APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney in Ryan O. Hodge Assistant City Attorney Miguel A. Pulido Mayor 75A-4 Resolution No. 2011 -xxx Page 2 of 5 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2011 -XXX to be the original City of Santa Ana on July 18, 2011. Date: do hereby attest to and certify the attached resolution adopted by the City Council of the Clerk of the Council City of Santa Ana 75A -5 Resolution No. 2011 -xxx Page 3 of 5 75A -6 AC621-05A — Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax CC =2 Date July 5, 2011 PARCEL NUMBER 6 -15 ASSESSMENT AMOUNT 16 -23 109- 744 -15 1,890.00 SBE- 872 -30 -136 -1 1,136.68 399 - 072 -17 3,406.25 405 - 065 -06 1,050.00 015- 042 -08 3,889.15 398 - 193 -10 1,663.49 013- 062 -02 2,600.00 109- 821 -13 4,347.00 011- 132 -05 2,478.00 398 - 313 -10 423.02 TOTAL $22,883.59 DOC. NO.= AC62FORM REV:5 /92 EXHIBIT 1 Resolution No. 2011 -xxx 75A -7 Page 4 of 5 [rlIQOO� PROPERTY OWNER LISTING FISCAL YEAR 2010 -2011 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Edward Elizalde $2,600.00 1010 W. McFadden Ave. AP #013 - 062 -02 723 S. Hesperian St. Santa Ana, CA 92707 Areapagita Zagada, $4,347.00 Julio Cesar Cervantes 415 S. Huron Dr. AP #109 - 821 -13 Zagada, Enrique Cervantes Zagada 415 S. Huron Dr. Santa Ana, CA 92704 U.S. Bank $2,478.00 805 E. Chestnut Ave. AP #011 - 132 -05 4801 Frederica St. Owensboro, KY 42301 Ruben Cortez $423.02 911 E. Brown St. AP #398 - 313 -10 1826 Greenwood Santa Ana, CA 92705 EXHIBIT 2 Resolution No. 2011 -xxx 75A -9 Page 5 of 5 Salvador Martinez $1,890.00 2906 W. Cubbon St. AP #109 - 744 -15 2906 W. Cubbon Santa Ana, CA 92704 Union Pacific Railroad $1,136.68 SBE- 872 -30 -136 -1 SBE- 872 -30 -136 -1 10031 Foothill Blvd. Roseville, CA 95747 Frank Howard $3,406.25 1139 W. 17th St. AP #399 - 072 -17 5273 E. Lomita Orange, CA 92869 Gildardo and Veronica $1,050.00 1416 W. 6th St. AP#405- 065 -06 Mancilla Hernandez 1416 -1418 W. 6th St. Santa Ana, CA 92705 Virginia Mae Cash $3,889.15 1819 S. Parton St. AP #015 - 042 -08 1819 S. Parton St. Santa Ana, CA 92707 Michael M. Tribby $1,663.49 903 E. Stafford St. AP #398 - 193 -10 5461 Kester Ave. #113 Sherman Oak, CA 91411 Edward Elizalde $2,600.00 1010 W. McFadden Ave. AP #013 - 062 -02 723 S. Hesperian St. Santa Ana, CA 92707 Areapagita Zagada, $4,347.00 Julio Cesar Cervantes 415 S. Huron Dr. AP #109 - 821 -13 Zagada, Enrique Cervantes Zagada 415 S. Huron Dr. Santa Ana, CA 92704 U.S. Bank $2,478.00 805 E. Chestnut Ave. AP #011 - 132 -05 4801 Frederica St. Owensboro, KY 42301 Ruben Cortez $423.02 911 E. Brown St. AP #398 - 313 -10 1826 Greenwood Santa Ana, CA 92705 EXHIBIT 2 Resolution No. 2011 -xxx 75A -9 Page 5 of 5 75A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 18, 2011 TITLE: PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2010 -2011 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 Adopt a resolution affirming the Fiscal Year 2010 -2011 Weed Abatement Program Report, and authorize the transmittal of uncollected weed abatement charges and postings to the Office of Auditor - Controller, County of Orange. DISCUSSION The Public Works Agency operates a year -round program to clear private properties of weeds and rubbish. City sanitation inspectors post properties notifying owners of unsightly or unsafe conditions. Property owners have ten days to abate the conditions or the City will perform the work through its contractor. When posting a property a second time within 12 months for the same violation, the City assesses a posting charge. Each year the City finds it necessary to seek legal recourse to recover the uncollected costs of posting violations and cleaning various parcels. This year there are $62,755 in outstanding charges for parcels cleaned by the City contractor and posted by City crews (Exhibit 1). The most effective method of collection has been to submit these charges to the Office of the Orange County Auditor - Controller. The fees are included in the property tax rolls and, if in default, are payable when the property changes ownership. The County's deadline is August 10, 2011 to include these charges on the next property tax roll. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 75B -1 Resolution - Weed Abatement Public Nuisance Report Fiscal Year 2010 -2011 July 18, 2010 Page 2 FISCAL IMPACT After affirmation by the Council, the charges will be submitted directly to the Office of the Auditor - Controller, County of Orange for collection. The revenues collected will be deposited into the City's Sanitation Fund (account no. 06817002 - 53710). APPROVED AS TO FUNDS AND ACCOUNTS: in, A�� o Raul Godinez II j ! Francisco Gutierrez Executive Director` Executive Director Public Works Agency Finance & Management Services Agency RG:PG Exhibit: Resolution 75B -2 Iss:6/09/11 RESOLUTION NO. 2011 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR 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. Pursuant to Section 16 -55 of the Santa Ana Municipal Code, the Executive Director of Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, a copy of which is on file with the Clerk of the Council and which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which sets forth the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Public Works Agency has given notice as required by law, that the 18th day of July, 2011, at the hour of 6:00 p.m. is fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Exhibit 1 is hereby made and confirmed as an assessment against such lots or parcels respectively, said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2011. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. 75B -3 Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2011 -2012 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of APPROVED AS TO FORM: Joseph Straka Interim City Attorney In Laura S. Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Miguel A. Pulido Mayor Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY 2011. 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 75B -4 EXHIBIT 1 CITY OF SANTA ANA FISCAL YEAR 2010 -2011 WEED ABATEMENT PROGRAM REPORT 75B -5 Jurisdiction: Santa Ana Type of Tax: B8 AC621-O5A - FORM B2 Special Assessment Add Date: Transactions August, 2011 �,. u { � fl � J. ✓ t �` I Gii 14 1 d I 1 I� I 4 5 PR+t 'I� ea I 1 ,.A C' �� 4d �RT:' Na h wr s 1 ra r SP.11 7i:77!, Iy PICK ,6 151 u` h �Iary .Yyv47Y' ,i, 111 h s ..4 001 - 032 -09 35 010 - 211 -10 514 001 - 032 -13 93 010- 244 -18 58 001 - 042 -11 35 010 - 254 -17 58 001 - 043 -03 58 011 - 251 -20 58 001 - 094 -07 35 1 013- 023 -21 35 001 - 243 -04 116 013- 051 -22 460 001 - 277 -06 58 013 - 052 -18 35 001 - 302 -11 736 013 - 092 -21 456 002 - 032 -13 58 013- 094 -12 58 002 - 035 -10 116 013- 181 -10 478 002 - 103 -18 58 013- 182 -06 93 002 - 104 -02 577 014- 042 -06 478 002 - 242 -19 653 014- 103 -17 58 002 - 251 -06 35 014- 112 -30 35 003 - 101 -07 35 014 - 113 -25 485 003 - 120-44 186 014 - 201 -01 35 003 - 211 -37 543 014 - 203 -13 478 003 - 222 -11 35 014 - 241 -15 35 004 - 020 -11 58 014 - 243 -19 58 004 - 020 -13 58 014403 -24 58 004 - 020 -22 596 014 - 422 -25 456 004 - 111 -22 58 014422 -29 58 007 - 212 -23 35 015- 042 -08 975 007 - 262 -28 1364 015 - 083 -07 58 007 - 272 -11 1542 015- 101 -06 456 008 - 091 -08 547 015- 114 -08 58 008 - 213 -13 1195 015- 211 -10 478 010- 031 -39 58 015- 214 -10 467 010 - 044 -12 58 015 - 233 -15 520 010- 052 -13 35 016- 102 -27 58 010 - 052 -14 35 016- 111 -03 485 010 - 151 -12 35 016- 221 -27 58 010 - 170 -07 502 099 - 212 -17 93 010 - 170-42 58 099 - 222 -39 116 010- 191 -14 502 099 - 224-40 58 txnibit 1 75B -7 Jurisdiction: Santa Ana Type of Tax: B8 AC62LO5A - FORM B2 Special Assessment Add Date: Transactions August, 2011 PARCEL`iVUl�'iBER 100- 242 -10 ASS5SMENT AMfJAIT' 93 PARCEL NUMBER x-15 398 - 193 -18 'ASSNAT AMC1 , I 58 100 - 422 -04 58 398- 194 -08 58 100 - 424 -21 58 398 - 234 -04 58 101- 561 -26 58 398 - 313 -10 35 108- 131 -26 1204 398 - 324 -08 58 108- 576 -06 58 398 - 330 -01 58 109 - 063 -01 587 398 - 330 -02 58 109 - 122 -34 58 398- 330 -03 58 109 - 311 -10 35 398 - 330 -04 58 109 - 351 -01 35 398 - 371 -01 35 109- 353 -01 58 398 - 381 -02 58 109 - 744 -15 993 398 - 385 -04 35 144- 341 -07 35 398 - 393 -30 58 144- 362 -01 58 398 - 421 -24 660 144- 372 -17 475 398 - 461 -07 58 198 - 081 -22 2228 398 - 463 -05 58 198- 081 -28 12958 398 - 471 -07 58 198 - 142 -03 58 398 - 481 -12 1409 198 - 182 -19 58 398 - 514 -01 1030 198- 182 -20 58 398 - 522 -18 209 198 - 182 -21 58 398 - 535 -08 116 198 - 182 -22 58 399 - 031 -22 58 198- 182 -23 58 399 - 072 -09 174 396- 274 -01 35 400 - 081 -08 116 396- 282 -22 1132 400- 211 -08 58 396- 331 -01 35 400 - 233 -12 58 396- 341 -06 58 400 - 251 -24 58 398 - 028 -17 116 402 - 211 -02 58 398 - 084 -06 1758 402 - 211 -03 58 398 - 084 -13 2048 403 - 152 -06 58 398 - 101 -03 398 - 122 -01 398 - 131 -04 58 151 459 403 - 152 -10 403 - 153 -25 404 - 035 -04 58 35 474 398 - 150 -02 398 - 161 -23 58 58 404 - 046 -08 404 - 093 -01 35 58 398 - 193 -10 1505 405 - 012 -01 174 smut i - •7 Jurisdiction: Santa Ana Type of Tax: AC62LO5A - FORM B2 Special Assessment Add Date: Transactions 138 August, 2011 "+, N�JII113E ;. fiGS;' tr ASSESSMENT AMt1NT �f 6 -23 PARCEL NUMBER 6 -15 ASSESiS�VIN' AM4w�J'IT u 622 405- 012 -02 174 405 - 065 -06 972 405- 073 -34 58 405 - 163 -18 480 405 - 163 -34 58 405 - 174 -16 174 405 - 176 -15 58 405 - 293 -12 58 407 - 051 -16 577 407 - 111 -13 35 407 - 111 -18 467 408 - 062-42 491 408 - 292 -10 456 408 - 293 -17 35 408 - 313 -19 467 408 - 351 -18 35 408 - 362 -09 35 408 - 393 -13 58 408 - 403 -09 35 408 - 412 -03 520 408 - 432 -04 467 408 - 433 -14 58 408 - 471 -14 3472 410 - 381 -06 619 412 - 011 -08 35 412- 025 -17 58 412 - 153 -11 545 412 - 271 -37 93 412 - 403 -10 35 430 - 011 -03 622 tmoit i ., Type of Tax: B8 AC62LO5A — FORM B2 Special Assessment Add Date: Transactions August, 2011 23 . 64 6 TAX RATE AREA 11 -054 UTILITY UNION PACIFIC AMOUNT $35 DESCRIPTION WEED ABATEMENT SBE843 -30- 140 -POR.3 35 TAX RATE AREA 11 -054 UTILITY Southern California Edison AMOUNT $116 DESCRIPTION WEED ABATEMENT SBE148 -30 -69-4 116 i TAX RATE AREA 111-054 1 1 i UTILITY Burlington Northern AMOUNT $58 DESCRIPTION WEED ABATEMENT SBE804 -30 -11 B -1 58 Exhibit 1 75B -10