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HomeMy WebLinkAbout FULL PACKET_2011-08-24MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JULY 28, 2011 CALLED TO ORDER CITY HALL, 8T" FLOOR, ROOM 831 20 CIVIC CENTER PLAZA SANTA ANA, CA 5:18 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:20 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO ** COUNCILMEMBERS Absent: None STAFF Present: MARIA D. HUIZAR, Clerk of the Council PAUL M. WALTERS, Interim City Manager 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 pursuant to Government Code Section 54957 Title: City Attorney CLOSED SESSION REPORT — Nothing to report. ADJOURNED — 5:55 P.M. Maria D. Huizar, Clerk of the Council * *Councilmember Tinajero joined the meeting via teleconference from Fullerton Union High School, 201 E. Chapman Ave., Fullerton, CA 92832. A copy of the Agenda was posted at the door pursuant to the Brown Act. MINUTES OF SPECIAL MEETING 1 OA-1 JULY 28, 2011 G r�7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 1, 2011 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER CONFERENCE ROOM 147 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:15 p.m.) CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:25 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:30 p.m.) COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Bustamante, Benavides, Martinez, and Sarmiento. Motion made by Councilmember Benavides, seconded by Councilmember Sarmiento to elect Councilmember Bustamante Chair (pursuant to SAMC 2 -101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides SECOND: Martinez VOTE: AYES: Benavides, Bustamante, Martinez, Sarmiento (4) NOES: None (0) CITY COUNCIL MINUTES 1 AUGUST 1, 2011 1 0B -1 ABSTAIN: ABSENT: PUBLIC COMMENTS - None CLOSED SESSION ITEMS None (0) Alvarez, Pulido, Tinajero (3) 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Ronald Irwin vs City of Santa Ana, WCAB Nos.: ADJ2028717; ADJ4596564; ADJ1158415; ADJ294547 Michael Buren vs City of Santa Ana, WCAB Case Nos. ADJ7498250, et al; Case Settlement Request. *Mayor Pulido arrived at 5:15 p.m. and assumed the Chair. 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 indicated for the record that he had a conflict of interest and left the room at 5:24 p.m. Resendiz, Adrian v. City of Santa Ana Orange County Superior Court Case No.: 30 -2010 00337383 1 B CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) - One (1) anticipated matter * *Mayor Pulido and Councilmember Sarmiento indicated for the record that they had a conflict of interest and left the room at 6:38 p.m. and did not return to the Closed Session meeting. 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Employee Organizations Personnel Services Executive Director, Kathie Gonzalez Santa Ana Police Officers Association (POA) CITY COUNCIL MINUTES 2 AUGUST 1, 2011 1 0B -2 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) 1D 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 7:02 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 AUGUST 1, 2011 1 0B -3 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 7:03 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES (7:07 p.m.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (7:17 p.m.) PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO Roger Aragon, Police Chaplain EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 25 YEARS OF SERVICE Willard V. Holt, Revenue Supervisor, Finance & Management Services CERTIFICATES OF RECOGNITION presented by COUNCILMEMBERS BENAVIDES and BUSTAMANTE to the Independence Day Sponsors — Cordoba Corporation; Edison Company; AT &T; Crevier Motors; Waste Management; Knowlwood Enterprises; C &C Development; Ware Disposal; TNT Fireworks; SAFBA; Chase Development; Elite Special Events; CA Team Realty; Gay Neighbors, Family and Friends; Liberty House of OC; Santa Ana Police Officers Association and Santa Ana /SCE Energy Partnership for their contribution to the Independence Day Celebration held on July 3, 2011. CLOSED SESSION REPORT - Refer to Agenda Item 19A for Report. CITY COUNCIL MINUTES 4 AUGUST 1, 2011 1 0B -4 PUBLIC COMMENT • Rob Cook, commented on the recruitment process for the City Manager position; opined that final decision will determine direction of City. • Bill Cunningham, President of the Santa Ana Police Foundation, commented on recent activities and efforts benefitting residents. • Kevin Phan, commented on Item 31B, requested expedition of approval of Conditional Use Permit. • Samuel Romero, commented on maps submitted for City Council consideration as they relate to Item 12A; proponent of Map #4 submitted by group in opposition to PBID. • Fina Chaves, opposed to PBID assessment that does not benefit her parking lot business; requested disestablishment of PBID. • Sang Cha, building owner in PBID area, opposed to PBID. • Won Cha, opined that building owners in PBID area not aware of Downtown Inc. agenda, board nomination or decision making process. • Herb Rose, spoke on Item 12A, consider PBID has disproportional benefits and disestablishment needed. • Jeff Jensen, co -owner of Chapter One Restaurant, supports Downtown Inc. and efforts to bring new businesses into area. • Tim O'Connor, co -owner of Chapter One Restaurant, supports Downtown Inc. • Tom Jackson, property and business owner in PBID area, requests that City disestablish PBID. • Archer Alstaetter, Downtown Inc. hosting Friday Concerts, and supports Velvet Lounge (Agenda Item 31 B). • Beth Alstaetter, spoke in support of Velvet Lounge (Agenda Item 31 B). • Barbara De Roche, owner of Country Garden Catering, spoke in opposition to PBID, concerned with economy and tax increases. • Nina Jun, thanked City Council for considering a proposed re- boundary of PBID area. • Ralph Allen, supports disestablishment of PBID and Map #4 as part of Agenda Item 12A. • Jason Kordas, owner of Velvet Lounge, requests approval of Item 31 B. • Jordan Satz, spoke in support of Item 31 B. • Betty Banuelos, opined that approval of Item 31B will result in additional revenues and job creation. • Roy Alvarado, commented on public safety and hazardous issues in his neighborhood (Santa Anita). CONSENT CALENDAR MOTION: Approve Consent Calendar Items 10A through 31B with the following modifications: • Mayor Pro Tem Alvarez voted "No" on Item 19C; CITY COUNCIL MINUTES 5 AUGUST 1, 2011 1 0B -5 • Mayor Pulido pulled Item 12A for separate discussion; • Councilmember Tinajero pulled item 31 B for separate discussion; • Councilmember Martinez pulled item 25A for separate discussion; • Councilmember Sarmiento pulled items 22A and 25D for separate discussion, and abstained from 12A because of a conflict of interest, and • Councilmember Benavides pulled item 31A for separate discussion. MOTION: Sarmiento SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES 10A MINUTES FROM THE SPECIAL JOINT MEETING OF THE CITY COUNCIL AND COMMUNITY REDEVELOPMENT AGENCY OF JUNE 22, 2011 - Clerk of the Council Office MOTION: Approve Minutes. 10B MINUTES FROM THE REGULAR MEETING OF THE CITY COUNCIL HELD ON JULY 18, 2011 - Clerk of the Council Office MOTION: Approve Minutes. NOTICE OF PUBLIC HEARINGS 12A AGENDA ITEM TAKEN,OUTIQF,ORDER 12B ABANDONMENT NO. 10 -01: INTENT TO VACATE PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER AND POINSETTIA STREETS - Public Works Agency CITY COUNCIL MINUTES 6 AUGUST 1, 2011 1 0B -6 MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011 -048 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE TWO PORTIONS OF SANTA ANA BOULEVARD BETWEEN MINTER STREET AND POINSETTIA STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 2010 -01) 2. Set a public hearing for September 6, 2011. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: 1. Full release and compromise agreements. Michael Buren vs City of Santa Ana, WCAB Case Nos. ADJ7498250, et al; in the amount of $65,000.00 Ronald Irwin vs City of Santa Ana, WCAB Nos.: ADJ2028717; ADJ4596564; ADJ1158415; ADJ294547; in the amount of $35,000 2. Council considered and reviewed the appointment of Interim City Manager, Paul M. Walters and agreed to continue with Interim appointment thru at least November 1, 2011. 19B EXCUSED ABSENCES — None 19C DESTRUCTION OF OBSOLETE CITY RECORDS — City Manager's Office MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. *Mayor Pro Tem Alvarez voted "No" on Item 19C. CITY COUNCIL MINUTES 7 AUGUST 1, 2011 1 0B -7 19D QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2011 - Finance & Management Services MOTION: Receive and file. 19E REQUEST FOR PROPOSALS FOR BASELINE GREENHOUSE GAS EMISSIONS STUDY AND CLIMATE ACTION PLAN - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified firms to develop a governmental and community baseline Green House Gas Emissions Inventory and Climate Action Plan. 19F REQUEST FOR PROPOSALS FOR SURVEYING SERVICES - Public Works Agency MOTION: Authorize the Public Works Agency to send a Request for Proposals to qualified consulting firms to provide surveying services. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A ADDITIONAL WORKFORCE INVESTMENT ACT ALLOCATIONS FOR PROGRAM YEAR 2011 -12 - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -024 - Recognizing additional revenues of $42,226 in Title I Dislocated Worker funds, $113,141 in Title I Youth funds, and a decrease in revenues of $15,401 in Title I Adult funds and $45,033 in Rapid Response funds from the State of California for the 2011 -12 fiscal year allocation. 20B WORKFORCE INVESTMENT ACT FUNDS - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) CITY COUNCIL MINUTES 8 AUGUST 1, 2011 1 0B -8 APPROPRIATION ADJUSTMENT NO. 2011 -242 - Recognizing additional revenues from the California Workforce Investment Board in the amount of $5,000 for Workforce Investment Act activities. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A SPEC. lilt?. '{1 -636 - STREET S�NEEPERS (Public Works Agency) - Finance & Management Services Continued from the June 20, 2011 City Council Meeting by a vote of 4 -3 (Alvarez, Martinez, Tinajero, no); continued from the July 18, 2011 City Council Meeting by a vote of 5 -0 (Benavides and Pulido absent). Councilmember Sarmiento asked staff to clarify for the record that one sweeper would be replaced with insurance funds since it was destroyed by fire. It would be returning to Council for approval at a later date. MOTION: Staff recommends continuing item indefinitely. MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Alvarez, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides (1) MOTION: Award in accordance with Request for Council Action. (Items 22B through 22G) 22B SPEC. NO. 11 -038 - DEFIBRILLATORS - Award a contract to Zoll Medical Corporation in an amount of $252,000 funded by the Metropolitan Medical Response System 2009 Grant (Fire Department) - Finance & Management Services 22C SPEC. NO. 11 -033 - UNINTERRUPTIBLE POWER SUPPLY REPLACEMENT - Award a contract to Power and Systems Innovations in an amount not to exceed $67,400 (Police Department) - Finance & Management Services CITY COUNCIL MINUTES 9 AUGUST 1, 2011 1 0B -9 22D SPEC. NO. 07 -060 - BLOOD AND BREATH TECHNICIAN SERVICES - Renew the contract with California Forensic Phlebotomy, Inc., in an annual amount not to exceed $120,000 (Police Department) - Finance & Management Services 22E SPEC. NO. 08 -008 - WATER TREATMENT SALT - Renew the contract with Gallade Chemical Inc. for a one -year period in an annual amount not to exceed $40,000 (Public Works Agency) - Finance & Management Services 22F SPEC. NO. 09 -008 - REPROGRAPHICS PAPERS AND ENVELOPES - Renew the contract with Unisource Worldwide Inc. for a one -year period in an annual amount not to exceed $80,000 (Police Department) - Finance & Management Services 22G SPEC. NO. 08 -060 - TRAFFIC LINE PAINTING AND TRAFFIC SIGN MAINTENANCE - Renew the contract with Orange County Striping Service, Inc., for a one -year period in an annual amount not to exceed $425,275 (Public Works Agency) - Finance & Management Services AGREEMENTS 25A AGMT NO.2011 --190.- TREE MAINTENANCE SERVICES — Public Works Agency and Parks, Recreation & Community Services Agency Continued from the June 20, 2011 City Council Meeting by a vote of 7 -0; continued from the July 18, 2011 City Council Meeting by a vote of 5 -0 (Benavides and Pulido absent). Councilmember Martinez and Mayor Pulido noted that renewal of contract realized substantial savings because of renegotiation and change in tree triming policy. MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreement, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. Execute an amendment with West Coast Arborists, Inc. in an amount not to exceed $760,622 for FY 2011 -2012 MOTION: Martinez VOTE: AYES: SECOND: Alvarez Alvarez, Benavides, Bustamante, Martinez, CITY COUNCIL MINUTES 10 AUGUST 1, 2011 1 0B -10 Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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 25B, 25C, and 25E through 25G) 25B AGMT NO. 2011 -191 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -19 - With Thomas and Amy Tsotsis for the structure located at 2126 North Ross Street (McKay House) - Planning and Building Agency 25C AGMT NO. 2011 -192 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011 -02 - With Tam Tran for the structure located at 2346 N. North Park Boulevard (C. Swanner House) - Planning and Building Agency - Public Works Agency Councilmembers Sarmiento and Martinez commented on item; City Engineer George Alvarez indicated that project team will complete all FTA and OCTA application requirements to compete for grants and various approval process. MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreement, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. Execute a contract with Cordoba Corporation, Sheils, Obletz, Johnsen, Inc. (SOJ); URS Corporation; Leon Skiles & Associates, Inc.; E.D. Hovee & Company, LLC; Cambridge Systematics; and John Parker Consulting, LLC team in an amount not to exceed $491,736 MOTION: Sarmiento SECOND: Martinez CITY COUNCIL MINUTES 11 AUGUST 1, 2011 1 0B -11 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 25E AGMT NO. 2011 -194 - ALL - INCLUSIVE SETTLEMENT AGREEMENT FOR 1211 WEST WARNER AVENUE (PROJECT NO. 091752) - With Big O Tires, LLC in an amount of $250,000 - Public Works Agency 25F AGMT NO. 2011 -195 - CABLE AUDIT SERVICES — Execute an amendment with Communications Support Group Inc. in an amount not to exceed $60,000, for a total not to exceed an amount of $78,000 - Parks, Recreation & Community Services Agency 25G AGMT NO. 2011 -196 - LABOR NEGOTIATIONS ASSISTANCE — With the Law Firm of Liebert Cassidy Whitmore, in an amount not to exceed $75,000 - Personnel Services Agency LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES Agency Recommended action approved by the Planning Commission on July 11, 2011, by a vote of 5 -0 (Turner absent, Gartner abstained). Councilmember Benavidez requested clarification on approved conditions of expanded restaurant — entertainment allowed would only include mariachi and DJ's, not nightclub. MOTION: Receive and file the staff report approving Conditional Use Permit Nos. 2011 -07, 2011 -15 and 2011 -16 as conditioned. CITY COUNCIL MINUTES 12 AUGUST 1, 2011 1 0B -12 MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Building Agency Recommended action approved by the Planning Commission on May 23, 2011, by a vote of 7 -0. Matter referred to the Public Safety Committee for review at the June 20, 2011, City Council Meeting by a vote of 7 -0. Council discussion ensued. City Council members thanked public, applicant and staff; item had been referred to Public Safety Committee - clarified noise issue and applicability of noise ordinance, dining outside allowed until 1 a.m., as well as adult entertainment; Council concerned if sufficient number of law enforcement and resources available to address all needs; City to grow intelligently and with caution; calculated risks taken through CUP process that may be revoked; business owners responsible; CUP instrument to regulate businesses and approved on property not business; increased working relationship with LGBT community; and wished business great success. Also commented on outdated general plan, not compatible with new development or business types; thanked staff for efforts to move forward. Applicant withdrew application request for go -go dancers on boxes and only have on the dance floor and stage. MOTION: Receive and file the staff report approving modifications to Conditional Use Permit No. 1996 -30 as conditioned and not allow go- go dancers on boxes. CITY COUNCIL MINUTES 13 AUGUST 1, 2011 1 0B -13 MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS ORDINANCES /FIRST READING 50A ORDINANCE AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING SPEED LIMITS FOR CITY STREETS - Public Works Agency MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2822 - AN ORDINANCE OF THE CITY OF SANTA ANA REVISING ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE, SETTING THE PRIMA FACIE SPEED LIMITS FOR STREETS IN THE CITY MOTION: Martinez SECOND: Benavides VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 14 AUGUST 1, 2011 1 0B -14 COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A NAMING OF OPEN AREA ON FOURTH AND FRENCH STREETS — MAYOR PRO TEM ALVAREZ Mayor Pro Tern Alvarez noted that Council may agendize matter as a 55A at a subsequent meeting. Jay Trevino, Executive Director of Planning and Building Agency indicated that the City Council or the Planning Commission may initiate its own application to name a street, building, or a facility. Staff recommends that City Council directed staff to place matter as an item 55 on the next City Council Meeting and at said meeting City Council would decide what or how to name the property. MOTION: Directed staff to place matter for consideration as an Item 55 at the next City Council Meeting. MOTION: Alvarez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) None (0) None (0) COUNCIL RECESSED AT 8:42 P.M. TO THE COMMUNITY REDEVELOPMENT AGENCY, FOLLOWED BY THE HOUSING AUTHORITY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 8:43 P.M. WITH SAME MEMBERS PRESENT. *Mayor Pulido and Councilmember Sarmiento declared conflicts of interests on Item 12A and abstained, Pulido has a business interests, and Sarmiento has clients that reside in the area; they left the meeting at 8:44 p.m. and did not return. Mayor Pro Tern Alvarez assumed the Chair and presided over the meeting. CITY COUNCIL MINUTES 15 AUGUST 1, 2011 1 0B -15 AGENDA ITEM TAKEN OUT OF ORDER NOTICE OF PUBLIC HEARING 12A RESOLUTION - NOTICE OF INTENT TO MODIFY THE MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT - Community Development Agency Legal Notice published in the Orange County Register on July 9, 2011 and on July 23, 2011 and notices mailed to business and property owners. Continued from the July 18, 2011 City Council meeting by a vote of 4 -0 (Benavides, absent; Pulido and Sarmiento abstained). Council discussion ensued. Mayor Pro Tern Alvarez noted that at the previous City Council Meeting she motioned to allow the public to submit additional proposed re- boundary maps for consideration. Opined that original map (Map #1) does not resolve issues; other maps submitted include the Artist Village (Map #2), FiestaMarket Place (Map #3), and map submitted by anti -PBID members (Map #4). Requested that Downtown Inc. evaluate Map #4 alongside #1 - both extremes and come to a concensus. Council has been advised that only map brought forth by Downtown Inc. are eligible for consideration according to resolution that established the District. Issues will remain if proposed Map #1 approved. Had supported establishement of PBID, but District has not been handled properly. Asked following questions: how are posting of agenda notices managed; is there fair treatment of all boardmembers; why have some commitees been dissolved; why is financial report fleeting; why is executive director receiving 401K Plan, how was decision to hire spouse of director made; and why have some members left? Need a full review of bylaws and full compliance with Brown Act. Invited all 4th Street vendors to participate in the Board and strongly encouraged all to compromise. Directed staff to prepare resolution for consideration of diestablishment of the PBID. Councilmember Martinez noted that PBID in her Ward; will continue to make objective decisions and represent all. Also, proposed reboundary area needs to have validation by Engineer. Map #1 had only cursory review by Engineer; any re- boundary modifications have to resemble original District area, otherwise its considered a new District — as required by Proposition 218. Also, Downtown Inc. has two proposed budgets requested that they be submitted for City Council review. Urged Board to diversify to meet the needs of all the District. AMENDED MOTION: 1. Adopt a resolution. CITY COUNCIL MINUTES 16 AUGUST 1, 2011 1 0B -16 RESOLUTION NO. 2011 -049 - 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 2. Set a public hearing for August 24, 2011 at 5:00 p.m. 3. Direct staff to prepare a Resolution of Intent to Disestablish the Community Management District for City Council consideration. MOTION: Alvarez SECOND: Tinajero VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Tinajero (5) NOES: None (0) ABSTAINED Pulido, Sarmiento (2) AND NOT PRESENT: ABSENT: None (0) COMMENTS 90A CITY MANAGER'S COMMENTS • Interim City Manager Paul Walters indicated that City has new Public Information Officer, Jose Gonzalez, who served as the Police Department's PIO and will continue to serve both departments. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Pop Warner Football practice has begun, but invited parents to sign -up as some positions still available. Councilmember Benavides: • Saturday would be hosting community hours at the Southwest Senior Center from 9 a.m. to 12 noon; and Artist Village holding Open House at 6 p.m. CITY COUNCIL MINUTES 17 AUGUST 1, 2011 1 0B -17 Councilmember Bustamante: • Invited all to visit the Yost Theater, congratulated them on their upcoming re- opening; and thanked staff for assistance. Councilmember Martinez: • Wished happy birthday to Gerardo Mouet, Executive Director of Parks and Recreation; • Business Forum hosted by City; great success; feedback to be reviewed; resource kit provided will also be available on -line; thanked staff for assistance; and Small Business Forum at Delhi Center also recently held; • Thanked Councilmember Benavides for co- hosting City Manager Recruitment Forum; well attended; suggestions and input appreciated; celebrated Councilmember Benavides' birthday at event; and • Informed all that she will start the Masters in Public Health Program at California State University Fullerton; will make effort to be at meetings as much as possible. Mayor Pro Tern Alvarez: • Congratulated Wilshire Square Neighborhood on great Summer concert program; Morrison Park not able to host concert this year; • Congratulated all August birthday celebrants, and • Thanked all for attending City Council Meeting and active participation. ADJOURNED- 9:24 P.M. - The next meeting of the City Council is scheduled for Monday, August 15, 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 Huizar, Clerk of the Council CITY COUNCIL MINUTES 18 AUGUST 1, 2011 1 0B -18 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 15, 2011 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:27 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES SAL TINAJERO COUNCILMEMBERS Absent: CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session. 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 matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Chris Esser vs City of Santa Ana, WCAB Case No. ADJ7382086; Case Settlement Request 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Kathie Gonzalez CITY COUNCIL MINUTES 1 0d -1 AUGUST 15, 2011 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) 1 C PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney and City Manager 1D PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 Title: Clerk of the Council CLOSED SESSION REPORT — interim City Attorney Straka reported that the City Council by unanimous consent approved a full release and compromise agreement in the amount of $50,000 for Chris Esser vs City of Santa Ana, WCAB Case No. ADJ7382086. ADJOURNED- 7:25 P.M. to an Adjourned Regular Meeting, Wednesday, August 24, 2011 at 5:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 1 OC-2 AUGUST 15, 2011 Iss7/20/11 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY OF SANTA ANA REVISING ARTICLE VII OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE, SETTING THE PRIMA FACIE SPEED LIMITS FOR STREETS IN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. California Vehicle Code §22357 authorizes local authorities to declare prima facie speed limits at the rate found reasonable, safe and most appropriate to facilitate the orderly movement of traffic based on the results of an engineering and traffic survey. B. The Santa Ana Traffic and Transportation Engineering division conducted an engineering and traffic study and based on that study recommends the City Council of the City of Santa Ana declare prima facie speed limits as specified herein. SECTION 2: Santa Ana Municipal Code Article VII, consisting of sections 36 -227 through 36 -271, of Chapter 36, as revised by Ordinance No. NS -2724, is hereby repealed and replaced with a new Article VII, consisting of sections 36 -227 through 36 -271, of Chapter 36 of the Santa Ana Municipal Code, which said Article VII shall read as follows: ARTICLE VII. PRIMA FACIE SPEED LIMITS Sec. 36 -227. Prima facie speed limits in general. The City Council of the City of Santa Ana determines and declares, upon the basis of engineering and traffic surveys made on or after January 11, 2011, which surveys are public records on file in the offices of the Public Works Agency of the city, that the prima facie speed limits specified in those sections are reasonable, safe and most appropriate to facilitate the orderly movement of traffic upon the streets and portions of streets specified in those sections, which streets and portions of streets would otherwise be subject to the prima facie speed limits established in the California Vehicle Code. These prima facie speed limits shall be effective when appropriate signs giving notice thereof are erected upon the streets and portions of streets to which they pertain. The provisions of this article shall not apply to any twenty -five (25) mile per hour prima facie speed limit which is applicable when passing a school or the grounds thereof. Sec. 36 -228. Alton Avenue. The speed limits (in miles per hour) for the following portions of Alton Avenue is as follows: Between Susan Street and Greenville Street 45 11 A -1 Iss7/20/11 Between Greenville Street and Bristol Street 45 Between Main Street and Standard Avenue 40 Sec. 36 -229. Bear Street. The speed limits (in miles per hour) for the following portions of Bear Street are as follows: Between Sunflower Avenue and MacArthur Boulevard 40 Between MacArthur Boulevard and Alton Avenue 40 Between Alton Avenue and Segerstrom Avenue 40 Sec. 36 -230. Bristol Street. The speed limits (in miles per hour) for the following portions of Bristol Street are as follows: Between Hesperian /SR 22 EB On -Ramp & Santa Clara Ave. 45 Between Santa Clara Avenue and Seventeenth Street 45 Between Seventeenth Street and Civic Center Drive 40 Between Civic Center Drive and Walnut Street 35 Between Walnut Street and McFadden Avenue 40 Between McFadden Avenue and Edinger Avenue 40 Between Edinger Avenue and Warner Avenue 40 Between Warner Avenue and Segerstrom Avenue 40 Between Segerstrom Avenue and MacArthur Boulevard 40 Between MacArthur Boulevard and Sunflower Avenue 40 Sec. 36 -231. Broadway and Broadway Place The speed limits (in miles per hour) for the following portions of Broadway and Broadway Place are as follows: Between MainPlace Drive and Seventeenth Street 40 Between Seventeenth Street and Civic Center Drive 35 Between Civic Center Drive and First Street 35 Between First Street and McFadden Avenue 30 Between McFadden Avenue and Edinger Avenue 30 Between Edinger Avenue and Main Street (250 feet North of Warner Avenue) 30 Sec. 36 -232. Cabrillo Park Drive. The speed limit (in miles per hour) for the following portion of Cabrillo Park Drive is as follows: Between Seventeenth Street and Fourth Street 35 Sec. 36 -233. Cambridge Street. 11 A -2 Iss7/20/11 The speed limit (in miles per hour) for the following portions of Cambridge Street is as follows: Between the North City Limit (NCL) /Route 22 and Fairhaven Avenue 40 Sec. 36 -234. Chestnut Avenue. The speed limits (in miles per hour) for the following portions of Chestnut Avenue are as follows: Between Main Street and Standard Avenue 30 Between Standard Avenue and Grand Avenue 35 Between Grand Avenue and the East City Limit (ECL) /Elk Lane /Main Street 35 Sec. 36 -235. Civic Center Drive. The speed limits (in miles per hour) for the following portions of Civic Center Drive are as follows: Between Fairview Street and Bristol Street 35 Between Bristol Street and Flower Street 35 Between Flower Street and Broadway 35 Between Broadway and French Street 35 Sec. 36 -236. Dyer Road. The speed limits (in miles per hour) for the following portions of Dyer Road are as follows: Between Flower Street and Main Street 40 Between Main Street and Halladay Street 45 Between Halladay Street and Route 55 Freeway 45 Between Route 55 Freeway and Barranca Parkway /Red Hill Avenue 40 Sec. 36 -237. Edinger Avenue. The speed limits (in miles per hour) for the following portions of Edinger Avenue are as follows: Between the West City Limit (WCL) east of Euclid Street and Richardson Street 45 Between Santa Ana River (WCL) and Fairview Street 45 Between Fairview Street and Raitt Street 35 Between Raitt Street and Bristol Street 35 Between Bristol Street and Flower Street 40 Between Flower Street and Main Street 40 Between Main Street and Standard Avenue 40 Between Standard Avenue and Ritchey Street 45 11 A -3 Iss7/20/11 Between Ritchey Street and the East City Limit (ECL) 45 Sec. 36 -238. Euclid Street. The speed limits (in miles per hour) for the following portions of Euclid Street are as follows: Between Westminster Avenue and First Street 45 Between First Street and the South City Limit (SCL) /Lenhardt Avenue 45 Sec. 36 -239. Fairhaven Avenue. The speed limits (in miles per hour) for the following portions of Fairhaven Avenue are as follows: Between Grand Avenue and Linwood Avenue 45 Between Linwood Avenue and Greengrove Street East City Limit (ECL) 45 Sec. 36 -240. Fairview Street. The speed limits (in miles per hour) for the following portions of Fairview Street are as follows: Between Route 22 EB Off -Ramp and Fifth Street 45 Between Fifth Street and Edinger Avenue 45 Between Edinger Avenue and Warner Avenue 45 Between Warner Avenue and Alton Avenue 45 Between Alton Avenue and Sunflower Avenue 45 Sec. 36 -241. Fifth Street. The speed limits (in miles per hour) for the following portions of Fifth Street are as follows: Between Euclid Street and Harbor Boulevard 35 Between Harbor Boulevard and Fairview Street 35 Between Fairview Street and Hawley Street 35 Sec. 36 -242. First Street. The speed limits (in miles per hour) for the following portions of First Street are as follows: Between the West City Limit (WCL) west of Euclid and Newhope Street 40 Between Newhope Street and Harbor Boulevard 40 Between Harbor Boulevard and Townsend Street 40 Between Townsend Street and Flower Street 40 Between Flower Street and Birch Street 40 11 A -4 Iss7/20/11 Between Birch Street and Standard Avenue 40 Between Standard Avenue and Tustin Avenue /the East City Limit (ECL) 40 Sec. 36 -243. Flower Street. The speed limits (in miles per hour) for the following portions of Flower Street are as follows: Between Seventeenth Street and Santa Ana Boulevard 35 Between Santa Ana Boulevard and Bishop Street 35 Between Bishop Street and Warner Avenue 35 Between Warner Avenue and Sakioka Drive /Sunflower Avenue 40 Sec. 36 -244. Fourth Street. The speed limits (in miles per hour) for the following portions of Fourth Street are as follows: Between Mortimer Street and McClay Street 35 Between McClay Street and Interstate 5 Freeway 35 Between Interstate 5 Freeway and Route 55 Freeway 40 Sec. 36 -245. Grand Avenue. The speed limits (in miles per hour) for the following portions of Grand Avenue are as follows: Between the North City Limit (NCL)/ SR 22 Ramps and Fairhaven Avenue 40 Between Fairhaven Avenue and Santa Clara Avenue 40 Between Santa Clara Avenue and Seventeenth Street 40 Between Seventeenth Street and First Street 40 Between First Street and McFadden Avenue 45 Between McFadden Avenue and Edinger Avenue 45 Between Edinger Avenue and Warner Avenue 45 Between Warner Avenue and Dyer Road 45 Sec. 36 -246. Greenville Street. The speed limits (in miles per hour) for the following portions of Greenville Street are as follows: Between Edinger Avenue and Warner Avenue 30 Between Warner and Sunflower/Wimbledon 35 Sec. 36 -247. Halladay Street. The speed limits (in miles per hour) for the following portions of Halladay Street are as follows: 11 A -5 Iss7/20/11 Between Warner Avenue and Dyer Road 35 Between Dyer Road and Alton Avenue 35 Sec. 36 -248. Harbor Boulevard. The speed limits (in miles per hour) for the following portions of Harbor Boulevard are as follows: Between Westminster Avenue and Fifth Street 45 Between Fifth Street and First Street 40 Between First Street and a point six hundred (600) feet south of Kent Avenue 40 Between the city limits of Santa Ana at Santa Ana River (N /O Warner) and Segerstrom Avenue 45 Between Segerstrom Avenue and MacArthur Boulevard 45 Sec. 36 -249. Hazard Avenue. The speed limit (in miles per hour) for the following portion of Hazard Avenue is as follows: Between Euclid Street and Harbor Boulevard 35 Sec. 36 -250. Lake Center Drive. The speed limit (in miles per hour) for the following portion of Lake Center Drive is as follows: Between Harbor Boulevard and Susan Street 40 Sec. 36 -251. Lincoln Avenue. The speed limits (in miles per hour) for the following portion of Lincoln Avenue are as follows: Between Fairhaven Avenue and Santa Clara Avenue 35 Between Santa Clara Avenue and Seventeenth Street 35 Between Seventeenth Street and Washington Avenue 35 Sec. 36 -252. Lyon Street. The speed limits (in miles per hour) for the following portion of Lyon Street are as follows: Between First Street and McFadden Avenue 35 Between McFadden Avenue and Edinger Avenue 35 Between Edinger Avenue and Saint Andrew Place 35 11 A -6 Iss7/20/11 Sec. 36 -253. MacArthur Boulevard. The speed limits (in miles per hour) for the following portion of MacArthur Boulevard are as follows: Between the West City Limit (WCL) at Harbor Boulevard and Fairview Street 40 Between Fairview Street and Main Street 40 Between Main Street and the East City Limit (ECL) at SR 55 40 Sec. 36 -254. Main Place Drive. The speed limit (in miles per hour) for the following portions of Main Place Drive is as follows: Between Main Street/Memory Lane and Broadway 35 Between Broadway and Main Street/Town & Country Road 35 Sec. 36 -255. Main Street. The speed limits (in miles per hour) for the following portions of Main Street are as follows: Between the North City Limit (NCL) at SR 22 and Seventeenth Street 35 Between Seventeenth Street and First Street 35 Between First Street and Chestnut Avenue 35 Between Chestnut Avenue and Edinger Avenue 35 Between Edinger Avenue and Warner Avenue 35 Between Warner Avenue and Goetz Avenue 45 Between Goetz Avenue and MacArthur Boulevard 45 Between MacArthur Boulevard and Sunflower Avenue 45 Sec. 36 -256. McFadden Avenue. The speed limits (in miles per hour) for the following portions of McFadden Avenue are as follows: Between the Sail Street/West City Limit (WCL) and Euclid Street 45 Between Euclid Street and Newhope Street 45 Between Newhope Street and Harbor Boulevard 45 Between Harbor Boulevard and Fairview Street 40 Between Fairview Street and Raitt Street 35 Between Raitt Street and Bristol Street 35 Between Bristol Street and Flower Street 30 Between Flower Street and Main Street 35 Between Main Street and Standard Avenue 35 Between Standard Avenue and Grand Avenue 35 Between Grand Avenue and the East City Limit (ECL) 35 11 A -7 Iss7/20/11 Sec. 36 -257. Memory Lane. The speed limits (in miles per hour) for the following portions of Memory Lane are as follows: Between Santa Ana River/West City Limit (WCL) and Bristol Street 40 Between Bristol Street and Flower Street 35 Between Main Street and the North City Limit (NCL)/ Parker Street 35 Sec. 36 -258. Newhope Street. The speed limits (in miles per hour) for the following portion of Newhope Street are as follows: Between Westminster Avenue and First Street 40 Between First Street and Edinger Avenue 35 Sec. 36 -259. Pullman Street. The speed limits (in miles per hour) for the following portion of Pullman Street are as follows: Between Warner Avenue and Dyer Road 40 Between Dyer Road and Garry Avenue 40 Sec. 36 -260. Raitt Street. The speed limits (in miles per hour) for the following portions of Raitt Street are as follows: Between First Street and Willits Street 30 Between Willits Street and McFadden Avenue 35 Between McFadden Avenue and Edinger Avenue 40 Between Edinger Avenue and Saint Gertrude Place 40 Between Saint Gertrude Place and Warner Avenue 40 Between Warner Avenue and Segerstrom Avenue 40 Between Segerstrom Avenue and Alton Avenue 40 Between MacArthur Boulevard and Sunflower Avenue 35 Sec. 36 -261. Ritchey Street. The speed limits (in miles per hour) for the following portions of Ritchey Street are as follows: Between McFadden Avenue and Edinger Avenue 45 Between Edinger Avenue and Wright Street 45 is 'i Iss7/20/11 Sec. 36 -262. Santa Ana Boulevard. The speed limits (in miles per hour) for the following portions of Santa Ana Boulevard are as follows: Between Raitt Street and Bristol Street 35 Between Bristol Street and Flower Street 35 Between Flower Street and Ross Street 35 Between Ross Street and French Street 30 Between French Street and Santiago Street 35 Between Santiago Street and Grand Avenue 35 Sec. 36 -263. Santa Clara Avenue. The speed limits (in miles per hour) for the following portions of Santa Clara Avenue are as follows: Between Lincoln Avenue and Grand Avenue 35 Between Grand Avenue and Wright Street 40 Between Wright Street and Tustin Avenue 40 Between Tustin Avenue and East City Limit (ECL) /Route 55 40 Sec. 36 -264. Segerstrom Avenue. The speed limits (in miles per hour) for the following portions of Segerstrom Avenue are as follows: Between Santa Ana River/West City Limit (WCL) and Spruce Street 40 Between Spruce Street and Flower Street/Dyer Road 40 Sec. 36 -265. Seventeenth Street. The speed limits (in miles per hour) for the following portions of Seventeenth Street are as follows: Between Fairview Street and West City Limit 40 Between Fairview Street and Bristol Street 40 Between Bristol Street and Flower Street 40 Between Flower Street and Main Street 40 Between Main Street and Wright/Eastside Street 40 Between Wright/Eastside Street and East City Limit (ECL) 40 11 A -9 Iss7/20/11 Sec. 36 -266. Standard Avenue. The speed limits (in miles per hour) for the following portions of Standard Avenue are as follows: Between First Street and Chestnut Avenue 30 Between Chestnut Avenue and McFadden Avenue 30 Between McFadden Avenue and Edinger Avenue 30 Between Edinger Avenue and Warner Avenue 35 Sec. 36 -267. Susan Street. The speed limits (in miles per hour) for the following portions of Susan Street are as follows: Between Harvard Street and Pendleton Avenue 35 Between Warner Avenue and MacArthur Boulevard 35 Between MacArthur Boulevard and Sunflower Avenue 35 Sec. 36 -268. Third Street. The speed limit (in miles per hour) for the following portions of Third Street is as follows: Between Lacy Street and Spurgeon Street 30 Sec. 36 -269. Tustin Avenue. The speed limits (in miles per hour) for the following portions of Tustin Avenue are as follows: Between North City Limit (NCL) /Fairhaven Avenue and Twentieth Street 40 Between Seventeenth Street and Fruit Street 40 Between Fruit Street and the South City Limit (SCL) north of First Street 40 Sec. 36 -270. Warner Avenue. The speed limits (in miles per hour) for the following portions of Warner Avenue are as follows: Between the West City Limit (WCL) /Santa Ana River west of Harbor Boulevard and Fairview Street 45 Between Fairview Street and Raitt Street 45 Between Raitt Street and Bristol Street 45 Between Bristol Street and Flower Street 40 Between Flower Street and Main Street 40 Between Main Street and Grand Avenue 40 Between Grand Avenue and the Route 55 Freeway 45 Between the Route 55 Freeway and Red Hill Avenue 45 11A -10 Iss7/20/11 Sec. 36 -271. Westminster Avenue Between Euclid Street and Newhope Street 45 Between Newhope Street and Clinton Street 45 SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this day of August, 2011. APPROVED AS TO FORM: Joseph Straka, City Attorney 0 Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11A -11 Iss7/20/11 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 11A -12 SANTA ANA CITY COUNCIL COMMITTEE PUBLIC SAFETY Minutes of Meeting May 24, 2011 CALL TO ORDER The meeting was convened at 5:48 P.M. at Santa Ana Police Department, 60 Civic Center Plaza, Police Community Room, Santa Ana, California. ATTENDANCE Council members present: Claudia Alvarez, David Benavides, and Sal Tinajero. Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorney Teresa Judd, Deputy Chief Carlos Rojas, Commander Ken Gominsky, Interim City Attorney Joe Straka, PCSS Mike McCoy and Loretta Tafoya, Recording Secretary. Public sign -ins: Albert Castillo, Sam Romero, Irma Macias, Rene Guzman, Aura Vasquez, Maria Rosa Lopez, Paty Madueno, Miguel Hernandez, Jose Andrade, Carl Benninger, Luis Mier, Brent Meyerson, Sean Cook, Dan Meyer, Vincent Rabia, Lauri Partell, Carter Dewberry, Dennis Lluy, Lisann Martinez, Connie Hamilton, Theresa Dang, Melody Gonzalez, Cuavhtli Crouth, Gina Sianas, Ann Camacho, Juan Godoy, Maria Munoz. SUMMARY OF DISCUSSIONS 1. APPROVAL OF MINUTES Minutes approved of the March 22, 2011 meeting. 2. SECURITY /FIREWATCH FOR THE SADDLEBACK INN Fire Chief Thomas explained he was working with the Building Department. He also has concerns with people entering empty facility. Council Member Claudia Alvarez wanted to know the difference between Fire Watch and Security. Fire Chief Thomas explained Fire Watch requires constant supervision of the facility to detect and alert the fire department if there is a fire, alert all occupants of a fire and assist with evacuation of all occupants. Security is responsible to make sure all occupants are kept out of the facility and notifies the police if there are any problems. She also questioned if there a system in place. Committee Member Alvarez motioned to have a Fire watch put in place. Committee Member David Benavides passed the motion. 3. BUILDING HEALTHY COMMUNITIES Deputy Chief Rojas gave an update on the California Endowment "Building Health Communities ". The Endowment funds have been funding the Santa Ana Police Department programs such as "Parent Academy' and after school programs. Committee member David Benavides asked about the five geographical areas and Deputy Chief Rojas stated that the programs are in all areas. Committee member encouraged the Police Department. Committee member Claudia Alvarez asked what was the timeline for implementation. DC Rojas said the programs should all be implemented this summer. The District Attorney's Office has been handling the GRIP Program. Police Department is trying to get the District Attorney's Office to work together. Vic and Judy Edge left a message stating they were against the banning of smoking in the parks. BAILBOND SOLICITATION Assistant City Attorney Teresa Judd stated the City has received complaints on bail bond solicitation taking place on the sidewalks near the Orange County Jail. She explained that the Department of Insurance is the primary enforcement agency and the District Attorney's Office is the prosecuting agency for violations of the state insurance laws. Council member David Benavides suggested having a meeting to handout information and asked if the City imposes solicitation tax. Assistant City Attorney Teresa Judd will check with Fiscal. Council member David Benavides thanked Assistant City Attorney Teresa Judd for all her work she has put into this issue. Luis Miers suggested soliciting should be licensed. He has lost 85% of revenue due to solicitation. The City of Anaheim does not allow solicitation. Assistant City Attorney clarified we cannot regulate loitering on a public sidewalk. Need evidence of illegal activity. Jason Meyers asked if handing out flyers a freedom of speech or doing business. He believes it is illegal. 13A -1 Dan Escomino stated he has obtained an_ undercover _video-of _illegal-activity_ JHe�ugg- ested_the_CityAo_stop - - issuing business license to solicitors. Committee _- membeT�David-aeffavi -des =stated =-the C *ty4e -OLy the bail bonds men solicit and that the law is not cut and dry. Scott, a bail bonds man, stated he lost 97% of his business. He would like to see the Police Department put up an advertisement board up for the solicitors. 5. IMPOUND POLICY Deputy Chief reviewed the "Vehicle Impound Policy" and recommended the committee to review for possible changes for more clarity to the officers and citizens. Committee member David Benavides questioned the discretion of the officers and the tow policy. Deputy Chief said that officers may tow the vehicle, park or release to a licensed driver. The officer has the discretion and must use the "Community Caretaker Doctrine" when making the decision to impound. The Community Caretaking Doctrine states vehicles should only be towed if leaving the vehicle would jeopardize public safety, the offense is likely to continue or leaving the vehicle causes further traffic issues and vandalism or theft. The Doctrine also states if the registered owner is not licensed, the vehicle may be released to the owner's agent if that person is licensed. Committee member Claudia Alvarez asked how the officer will establish an authorized care - taker. Deputy Chief Rojas stated as long as they are a licensed driver, unless, there is a question of the registered owner. Thirty day impounds are only authorized when the driver of the vehicle is the registered owner or the driver of the vehicle is either the legal owner or admits to owning the vehicle or the owner of the vehicle gave them permission to drive the car and knew they were unlicensed. After a 30 day impound has occurred, a post storage hearing to release the vehicle shall occur as soon as practical and Traffic hearings will be held on every business day to ensure citizens can retrieve their vehicles Vehicles shall be released in accordance with the "Community Caretaker Doctrine" unless the driver has a prior incident of driving without a valid license in the past year or has at least two prior incidences over the course of the last five years and the driver was arrested for DUI, hit and run or other unsafe driving practices. Committee member Claudia Alvarez asked how much per day is the charge for impounds. Deputy Chief Rojas stated it is $140 for no registration and $190 for unlicensed drivers. Committee member David Benavides asked how much are the tow fees. Cmdr. McGeachy said the fees are $36 per day. Committee member Claudia Alvarez asked who was making all the money. Cmdr. McGeachy said the tow companies get all the money. She also asked how the citizens locate the owners. Cmdr. McGeachy stated the Traffic Division locates owners but didn't know about lien sales. Deputy Chief Rojas stated the Traffic Division sends letters within 48 hours. Committee member Sal Tinajero stated there is no reason why we can't tell tow companies the price of a tow and tell them they can't charge a daily fee until after the hearing. That is fair. There are no guidelines now. Cmdr. McGeachy stated there is a maximum that can be charged. Committee member Sal Tinajero said we can choose who we use and as a City, we can tell them how much to charge. If they don't want to do that, they don't have to be on the rotation. Cmdr. McGeachy stated there is a Santa Ana Tow Association. City Attorney Joe Straka stated the State governs tow companies. Committee member David Benavides stated the community is concerned they are being exploited and they think the Police Department also received money. Committee member Sal Tinajero stated we have to also make sure public safety is a priority. Committee member Claudia Alvarez asked about the Police Department having traffic safety classes. Deputy Chief Rojas stated the Police Department has traffic safety classes and pedestrian safety campaigns. Vic and Judy Edge stated they were against any change in the present policy. Mr. Lopez was for changing the tow policy and the DUI check points. He would also like to adopt the formal policy to be fair. Patty Menduno doesn't feel it should be left to the discretion of the officer just in case the officer doesn't like the person he stopped. She would also like to see the policy change on the Towing and the DUI check points. She encouraged to have committed members attend OCCO meeting. Teresa Dang commended committee and presenters of the PowerPoint. Sam Romero agreed with all the suggestions and is also concerned with all the fees. Connie Hamilton is concerned about unlicensed drivers. Miguel Hernandez thanked the committee on the research and invited the Chief to the OCCO meeting. He would like to work the Police Department on the new policy. Committee member Claudia Alvarez stated if anyone wanted to make any suggestions, contact the Chiefs Office directly. 2 13A -2 - A concerned - citizen_ stated -he_ was-currently _ attending _scho_ol. try -ing_to_ achieve. his -goals- and_feets_thathejs___ - - -- .,:.....c... - community also asked where does the Police Department post the DUI check point announcements? Deputy Chief Rojas stated that a press release is sent out. Ms. Martinez stated that people do not need to stop at check points. Mr. Hernandez is dealing with the symptoms of Immigration reform. Mr. Munoz said it is an interesting issue. Mr. Espinoza thanked committee for listening and that his family has been affected. Maria Munoz said her son lost his job because his car was towed. Oroza Arosas would like policy clarified. Deputy Chief Rojas stated the police department has a written document but wants to create a more comprehensive policy for the officers. Committee member Claudia Alvarez stated the committee with be working with the Police Department on the new policy. 6. DOWNTOWN DANCE ORDINANCE Commander Gominsky reviewed the dance ordinance. Committee member David Benavides asked for an explanation of the Public Dance Hall vs. Public Dance Place. Commander Gominsky explained that the Dance hall is open to the general public, pay for admittance, and music must be played for dancing. A Dance Place is operated to for the public, music provided and is no fee to attend. Private dances are excluded from Chapter 11, and no dance permit is necessary for a private dance. Commander Gominsky explained no music will be played outside any premises or may be audible beyond the area under their control. The proposed ordinance states a security guard will be employed for every 100 persons. Committee member David Benavides asked if a nightclub will be will be for 21 years and over. Chief Walters stated "yes ". Nightclubs shall be for patrons over the age of 21 years. Committee member Claudia Alvarez questioned the ratio of ID's that can't be scanned. Commander Gominsky said there has not been a problem based on experience. She also question if there is going to be training. Commander said "yes ". Chief Walters stated they will also be trained on how to detect false identifications. A citizen asked if 18 year old patrons can go inside venue. Commander Gominsky stated a Nightclub is open to patrons over the age of 21 years, for entertainment primarily during the evening hours wherein liquor and food may be served providing an area for public dancing. At concert venues, mixed adults and juveniles are allowed in the same venues until 10 p.m. After 10:00 pm the venue would be restricted to 18 years and older, unless the minor is accompanied by a parent or adult guardian or person in charge of said minor. Committee member David Benavides asked about kids being alone. Commander Gominsky said it is like El Torito. Committee member Claudia Alvarez asked about how they will know if a child is with a parent. Commander Gominsky stated it will be the business's responsibility. Commander Gominsky reviewed the cost recovery fee for police service and Committee member Claudia Alvarez asked about businesses abusing the fee. Interim City Attorney Joe Straka said that we can change the ordinance if necessary. Chief Walters stated he does not want any changes to Chapter 41. Commander Gominsky asked the Committee to accept recommendations and move forward to altering the current dance permit. Committee Alvarez wants sunset clause for safety reasons. Councilmember David Benavides asked who would be paying for all the security at concert venues. Commander Gominsky stated the owners will pay for their own security. Committee member Claudia Alvarez stated she was concerned about YOST /KOO's past history and the all age venues. Chief Walters stated that he knows the past history and asked Commander Gominsky to review past issues. Committee member Claudia Alvarez stated even though businesses are responsible and hears positive comments, a homicide occurred. Committee member David Benavides asked what the difference would be now with Koos. Commander Gominsky stated they were not good neighbors but he does see a difference now with the amount of investment that has been made. Chief Walters stated that there were reservations at the beginning also. We don't have the hard data but we did go forward with abatement but Koos went out of business before the abatement went into effect. Committee member Claudia Alvarez stated it is the City's responsibility to keep City safe. Committee member David Benavides stated what about regulations we have in place now. Commander Gominsky stated we didn't have any regulations for Koos in the past which makes a difference now. They also had no security guards. Committee member David Benavides stated he thinks we have more control with Koos now that we have the new ordinance and asked what type of regulations we will have when there is a problem. Commander Gominsky stated the Police department can pull the Dance permit at any time. We can also deny a concert if it looks like there would be a problem. PCSS McCoy stated that we can investigate what type of concert that is going to take place and decide how much security is needed. 13A -3 me=- eFSamnajero nrQUld 1i{te -to make commendation to- .ttsis r inara Committee- membe. PUBLIC COMMENTS A Citizen feels that the ordinance is fine because the businesses would be watching the youth. Mr. Romero did not want 16 year olds in establishment. Wants security in and outside businesses. Does not want alcohol. He is afraid there are going to end up with too many bars in Santa Ana. Another citizen feels like the dance ordinance does not need updating. Complimented the committee. Encourage more clarity about the businesses being responsible. Mr. Luey asked about issues being discussed. There was only one bad incident and was concerned about his image. COMMITTEE MEMBER COMMENTS Committee member Claudia Alvarez made a motion to recommend Concert Venue Option #1. They must have ABC license and sell food. Committee member Sal Tinajero seconds the motion. Public Safety committee voted unanimously to send the Dance Ordinance to the City Council 3 -0 unanimously forwarded recommendation to approve alterations Citywide Dance Permit. Item #2 acceptance of a Downtown Dance Permit. Denial of a concert venue. 9. ITEMS FOR NEXT MEETING A. Bailbond Update B. Building Healthy Community Update C. Impound Policy Update 10. NEXT MEETING DATE — Tuesday, July 26, 2011, 5:30 P.M. Santa Ana Police Facility, 60 Civic Center Plaza, Police Community Room, Santa Ana, California ADJOURN(MENT — 110:00 P.M. W� PAUL M. WALTERS Chief of Police 0 13A -4 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL COMMITTEE ON PARKS, RECREATION, EDUCATION AND YOUTH May 31, 2011 CALL TO ORDER The regular meeting convened at 4:40 p.m. in the City Hall, Room 831, 20 Civic Center Plaza, Santa Ana, California. ATTENDANCE Council members Present Michele Martinez (Chair); Sal Tinajero Absent Vincent Sarmiento Staff Present: Gerardo Mouet, Executive Director; Joe Straka, Interim City Attorney; Ron Ono, Administrative Services Manager; Jenny Rios, Community Services Manager; Kent Yamaguchi, SA Zoo Manager, Jeannie Jurado, Community Services Supervisor; Jose Perez, Community Services Supervisor; Juan Lara, Community Services Supervisor; Hiram Uribe, Graphic Designer I. Public Present Julie Curran - Meskell, Animal Protection & Rescue League Adam Miller, People for the Ethical Treatment of Animals Heather Drennan, People for the Ethical Treatment of Animals (PETA) Matt Rossell, Animal Defenders International (ADI) • APPROVAL OF MINUTES • Minutes of March 31, 2011 accepted as presented. REVIEW OF LIBRARY HOURS • Continued to the next PREY meeting. FIVE ON FIVE RULES IN PARKS Jenny Rios presented the Regulatory Guidelines that are used to manage field usage in the parks. The guidelines include (1) Field Use Policies and Procedures, (2) Santa Ana Municipal Code — Section 31 and (3) Administrative Procedures. As part of the decision making strategies in implementing the Five on Five rule, Park Rangers take into consideration: 1) PREY Regular Meeting — MINUTES 1 May 31, 2011 13B -1 Age and make -up of group, 2)Use of uniforms, 3) Use of goal posts and other equipment and Recurring problems with organized leagues in specific parks. They will also take into consideration unauthorized activities and safety issues with park patrons. As a follow -up the Five on Five rules will be incorporated into the Policies and Procedures Manual, staff training will be conducted and steps will be taken to educate the public /user. • Councilmember Tinajero brought up concerns on a recent incident at Windsor Park whereby a Park Ranger was not cordial on how he communicated with the public. Staff needs to communicate with the Park Ranger on the un- professional communication with the public. • Staff indicated our Part Time Park Rangers are former Police Officers in which they are trained on various enforcement methods, their new role should be more of a public relations role. On -going public relations training will occur in order to change culture. • Councilmember Tinajero indicated we should not over react to a smaller group when the abuse of the system is mainly from a larger group. • Councilmember Martinez indicated times have changed and the Municipal Code needs to be reviewed to address these new issues. • RECOMMENDATION: o Staff to review the Municipal Code (Chapter 31), make recommendation for revisions and review recommendations with PREY. • ADULT SOCCER SURCHARGE OPTIONS • Continued to the next PREY meeting. • JOINT USE UPDATES Ron Ono presented a power point on the 5 new proposed Joint Use Agreements currently being negotiated with the Santa Ana Unified School District. The agreements are: 1) SA High School (Neal Machander Tennis Courts); 2) Willard Intermediate School (Park site); 3) Garfield Elementary School (Community Center); 4) Monte Vista Elementary School (Use of basketball courts- fencing /security lighting); 5) Roosevelt/Walker Elementary School (Community Center /Park Improvements). Discussion continued on the Roosevelt/Walker Elementary School and the proposed Proposition 84 grant application due on July 1, 2011 to develop the park improvements on the school. A minimum of 5 community meetings will be held in the month of June to obtain community input and to establish the final design for the park improvements. Councilmember Tinajero indicated he was pleased with the various joint use agreements the city has with the SAUSD. • PUBLIC COMMENTS • Julie Curran- Meskell (Animal Protection & Rescue League) indicated she was concerned about the way Have Trunk Will Travel treats the elephant and PREY Regular Meeting — MINUTES 2 May 31, 2011 13B -2 the beating of all animals throughout the state. She was here to advocate for the animals and stop the cruelty of animal rides. • Adam Miller (People for the Ethical Treatment of Animals -PETA) indicated he is also here to advocate for the animals and stop the cruelty to animals. He indicated there is a video that shows how Have Trunk Will Travel treats the elephant, by beatings, shock and other methods. He noted animals carry tuberculosis and should not be used as rides for the public and children. SA Zoo is only one of two AZA Accredited zoos that allow animal rides. • Matt Rossell (Animal Defenders International — ADI) requested the city investigate how the animals are treated behind the scenes. Animal rides are unacceptable and Have Trunk Will Travel should be investigated. What is the process to begin the investigation? • Heather Drennan (PETA) indicated she lives in Los Angeles, but has 3 generation of families that live in Santa Ana. The city needs to set an example for kids. Elephant rides are not right. This small issue of the elephant ride is hurting the city's reputation. • Councilmember Tinajero indicated he appreciated their patience and professionalism concerning this issue. He indicated the City will be contacting the Director of Have Trunk Will Travel to set up a meeting to discuss the concerns the public has addressed. • RECOMMENDATION: o Begin an investigation and continue the item for discussion at the next PREY meeting. • STAFF COMMENTS • None • COMMITTEE MEMBER COMMENTS • None • Next Regular meeting: July 26, 2011 (Tuesday) ADJOURNED: 5:45 p.m. 1 -7 A Gerardo Mouet Executive Director, P CSA PREY Regular Meeting — MINUTES 3 May 31, 2011 13B -3 13B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: DONATION OF EQUIPMENT TO NAHUIZALCO AND SONSONATE, EL SALVADOR 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 \.J � t FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the donation of one patrol vehicle from the Santa Ana Police Department to the municipality of Nahuizalco (El Salvador) and 50 bullet -proof vests to the police delegations of Nahuizalco and Sonsonate (El Salvador) and Municipal Police of Sonsonate. DISCUSSION The Santa Ana Police Department (SAPD) has been participating in a partnership exchange program with the cities of Sonsonate and Nahuizalco, El Salvador to share community policing experiences. The partnership is made possible through the Municipal Alliances for the Prevention of Violence in Central America (AMUPREV) Program that is financed by the United States Agency of International Development (USAID) and implemented by International City /County Management Association (ICMA). The program has proven to be successful and the SAPD would like to further the relationship by donating equipment to Nahuizalco and Sonsonate. This is equipment that can no longer be used by the SAPD due to internal regulations and would otherwise be disposed. The equipment includes a 2001 Ford Crown Victoria with lights and 50 bullet -proof vests that will be distributed in the following way: The patrol vehicle will be donated to the Municipality of Nahuizalco, 20 vests for the police delegation of Sonsonate, 20 vests for the police delegation of Nahuizalco and 10 vests for the Municipal Police of Sonsonate. The Civil National Police is responsible for policing all the cities in El Salvador. Some cities, such as Sonsonate, also have a Municipal Police Department. 19C -1 Donation of Equipment to El Salvador AUGUST 24, 2011 Page 2 FISCAL IMPACT There will be no fiscal impact to the City of Santa Ana. The Civil National Police of El Salvador will make arrangements for the shipment and receipt of the donations and will distribute the equipment as designated. Since the donation is being handled by the Civil National Police of El Salvador, it will not be subject to the payment of taxes or other import restrictions. Paul M. Walters Chief of Police Police Department 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF TRAFFIC SAFETY GRANT 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 Approve an appropriation adjustment accepting the California Office of Traffic Safety, DUI Enforcement and Awareness Program Grant in the amount of $331,380.00 into the revenue account (account no.16514002- 52001) and appropriate same into the California Office of Traffic Safety, DUI Enforcement and Awareness Program expenditure accounts (account no. 16514414- various). DISCUSSION The Santa Ana Police Department has been awarded a $331,380.00 grant from the State of California, Office of Traffic Safety (OTS) under the Traffic Safety, Selective Traffic Enforcement Program. The goal of this program is to reduce the number of persons killed and injured in crashes involving alcohol, speed, red light running, and other primary collision factors, "best practice" strategies will be conducted on an overtime basis. The funded strategies may include: DUI /driver license checkpoints to deter potential drunk drivers and to educate the public; DUI saturation patrols to apprehend drunk drivers; "HOT Sheet" program and court stings. The program may also concentrate on speed, aggressive driving, seat belt enforcement, intersection operations with disproportionate numbers of traffic crashes and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. FISCAL IMPACT Approval of the appropriation adjustment will enhance the OTS, DUI Enforcement and Awareness Program revenue account (account no. 16514002 - 52001) by $331,380.00 and increase the same into the OTS, DUI Enforcement and Awareness Program expenditure account (account no. 16514414- various). r Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 26AnQr & Mgmt. Services Agency ` ll" REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING PROPOSITION 69 DNA FUNDING CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: u.■.• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the acceptance and appropriation adjustment transfer of Proposition 69 DNA funding in the amount of $32,989 from the City revenue account ( account no. 01114002 - 57402) and appropriate same into the Police Department Forensics Services Account revenue account (account no.01 1 14455-various) for the reimbursement cost associated with the collection of DNA collection in the amount of $32,989. DISCUSSION In November 2004 California voters passed the Proposition 69, "DNA Fingerprint, Unsolved Crime and Innocence Protection Act," to expand and modify state law regarding the collection and use of criminal offender DNA samples and palm print impressions. California Penal Code was modified and dictated that each agency is responsible for the collection and administrative management of said offender DNA samples. On January 1, 2009 per Proposition 69, agencies became responsible for collecting DNA samples from all adult felony arrestees. The Department's Forensic Services Section is responsible for the evaluation and collection of all crime scene DNA samples. It is also tasked with the management of DNA cases including the tracking of all department initiated analysis requests and all related DNA analysis results. The now routine practice of DNA collection has required Crime Scene personnel to perform more complicated and time - consuming forensic investigative tasks while at each scene. The collection of potential DNA evidence samples for property crimes continues to see a significant increase of "on- scene" time compared to non - property crime DNA collection. In 2010, more than 39% of calls for service resulted in DNA collection. 41UN Request for Appropriation Adjustment PROP 69 — DNA Collections. AUGUST 24, 2011 Page 2 Management of the now 5,000 crime scene DNA submissions remains tedious in nature and further includes the intricate tracking of DNA cold hit notification and due diligence, as well as the potential for John Doe Warrant candidates. The Forensic Services Section is also responsible for the purchase of all consumables related to crime scene DNA collection for the entire police department. FISCAL IMPACT Approval of the appropriation with the acceptance of Prop 69 funds and transfer of funds available in the City's Revenue Account (account #011114002- 57402) in the amount of $32,989, will increase the same into the Police Department Forensics Services Account revenue account (account no.01114455- various). � 11 Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: A U\,Z,(\ S�* % IN r I '\ �- � 4 0. Francisco Gutierrez Executive Director j Finance & Mngmt. Services Agency 41 = REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING FY 2010/11 SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND 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 Approve an appropriation adjustment recognizing the FY 2010/11 Supplemental Law Enforcement Services Fund in the amount of $262,130 into the revenue account (account no 12814407 - 61040) and appropriate same into the expenditure accounts (account nos.12814002- 52026). DISCUSSION The State of California provides grant funding to state law enforcement agencies through the Supplemental Law Enforcement Services Fund ( SLESF). This program requires that funding be allocated to counties and cities in accordance with specific requirements for front -line law enforcement services. Front -line law enforcement typically includes community oriented policing projects and special law enforcement activities that require use of additional police officers in specially targeted saturation areas. Total funding allocation is based on annual estimated population figures for respective counties and cities. Based on Santa Ana's estimated population figures for 2010, the Police Department has received a FY 2010111 SLESF award of $262,130. This is the fifteenth year the Police Department has received funding from the State of California through this program. The Police Department proposes to utilize this funding for enforcement activities including gang suppression, cruiser enforcement, and career criminal apprehension. 20C -1 SLESF Grant funds 2010 -11 AUGUST 24, 2011 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will increase revenues in the SLESF FY 2010/11 Year 15 revenue account (account no. 12814407 - 61040) by $262,130 and increase the same into the expenditure accounts (account nos. 12814002 - 52026). Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 20C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: APPROPRIATION ADJUSTMENT FOR SOUTH BAY WORKFORCE INVESTMENT BOARD NATIONAL EMERGENCY GRANT 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 an appropriation adjustment recognizing $137,885.45 in Department of Labor Workforce Investment Act funds awarded to the City of Santa Ana Workforce Investment Board by South Bay Workforce Investment Board, Inc. for a Dislocated Worker Program. 2. Authorize the City Manager or his designee to execute the attached agreement with South Bay Workforce Investment Board, Inc. in the amount of $137,885.45, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION National Emergency Grants (NEG) are awarded at the discretion of the Secretary of Labor when there are substantial layoffs and a need to supplement the states' programs for laid off workers. In June 2011, the Department of Labor awarded a $45,080,077 NEG to the South Bay Workforce Investment Consortium, comprised of 21 workforce organizations, to provide employment and training assistance to dislocated workers in California. Forty percent or $18,030,129 of the award will be released and the additional funding will be available based on the need for assistance. Services provided will include assessment, basic skills training, individual career counseling and occupational skills training to prepare the workers for employment in strong local industries. The City of Santa Ana Workforce Investment Board will receive $137,885.45 from the South Bay Workforce Investment Board, Inc. to provide services to dislocated workers. The funds will allow the Santa Ana WORK Center to provide staffing for the program, assessment, training, and case management to sixteen laid off workers. Staff recommends approving the appropriation adjustment and an agreement with South Bay Workforce Investment Board, Inc. to supplement dislocated worker programs at the Santa Ana WORK Center. 20D -1 AA DOL NEG AUGUST 24, 2011 Page 2 FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the National Emergency Grant account (no. 12318740 - various). Nancy T. wards Interim E cutive Director Community Development Agency NTE /LAO /cd /sv Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 41]!W / /P AGREEMENT NO. 11 -W125 BETWEEN SOUTH BAY WORKFORCE INVESTMENT BOARD, INC AND CITY OF SANTA ANA WORKFORCE INVESTMENT BOARD THIS AGREEMENT is made and entered into this day of by and between the South Bay Workforce Investment Board, Inc., a non - profit public benefit corporation, on behalf of the City of Hawthorne, herein after referred to as the "SBWIB, Inc." and City of Santa Ana Workforce Investment Board, a municipal corporation, hereinafter referred to as "Contractor" with its principal place of business located at 1000 E. Santa Ana Blvd, Suite 200, Santa Ana CA 92701. WHEREAS, the City of Hawthorne has delegated its rights, duties and responsibilities to the SBWIB, INC., which is authorized to act for purposes of the Agreement; and, WHEREAS, on June 30, 2011, the SBWIB, Inc. was awarded an National Emergency Grant (NEG) from the U.S. Department of Labor (DOL), for the CA Multi- Sector Workforce Partnership— Project (CA Multi- Sector Partnerships) which consists of 21 geographically contiguous local workforce investment boards (LWIB); and WHEREAS, this project, herein referred to as the "CA Multi- Sector Partnerships" which features the participation of LWIBs in the Northern, Central and Southern California regions; and WHEREAS, this partnership is to provide core, intensive, training, and support services to dislocated workers who reside in economically vital regions of the state; and WHEREAS, the Contractor represents itself as being qualified and capable of providing said services in accordance with all rules and regulations developed to implement said statutes and in accordance with the terms and conditions of this agreement, as well as Federal, State and local regulations regarding DOL's funds; WHEREAS, the SBWIB, Inc. desires the Contractor to provide said services to dislocated workers; and, NOW, THEREFORE, in consideration of the recitals and the mutual obligations provided herein, the parties hereto agree as follows: EXHIBIT 1 I - CONTRACTOR REQUIREMENTS /RESPONSIBILITIES Contractor shall be required to provide core, intensive, training and supportive services as set forth in the Exhibits and Attachments listed below, [attached hereto and incorporated herein by this reference] Exhibit A Statement of Work — CA Multi- Sector Partnership Attachment A Statement of Work - CA Multi- Sector Workforce Partnership (NEG) Application Attachment A -1 Contractor's Layoff Events Attachment B Assurances Attachment C Project Administration Attachment D Contractor's Administration Exhibit B Budget Summary Forms Exhibit B1 Request for Cash Form Exhibit C General Provisions Exhibit D Consultant Further Responsibilities. Contractor shall: A. Fully cooperate with authorized representatives of the South Bay Workforce Investment Board Inc. (SBWIB, Inc.), the State and Federal governments including independent auditors, seeking to interview any program participant or staff member of Contractor, or to evaluate, inspect and /or monitor those facilities and operations of Contractor that are directly involved in the implementation of programs funded through this Agreement. Provide services funded under this Agreement only to individuals determined eligible under WIA guidelines as designated by the SBWIB, INC.. B. Provide facilities which are adequate to fulfill the requirements of this Agreement. C. Provide services as described in Statement of Work , Exhibit A and Attachment A. 2 all DIVA D. Contractor shall ensure that participants comply with Section 167(a)(5) of the Military Selective Service Act (50 USC Appx. 451 et. Seq.) and other eligibility requirements applicable to the program under which the participant is enrolled. E. Take all necessary and legal steps to ensure a workplace and training environment free of illegal drug use by Contractor's employees and participants. F. Allow inspection of such records, reports, books, financial statements, and other documents required herein will be opened to inspection by and permitted access to the Comptroller General of the United States, the SBWIB, Inc., the State, independent auditor(s), and /or the US Department of Labor, or designees of any of thee agencies at anytime during Contractor's normal business hours. II - COMPENSATION A. The parties agree that this shall be a cost reimbursement agreement. Only allowable admin /program costs described in Exhibit B, Budget Summary Forms shall be reimbursed for actual expenditures incurred during the program year, not to exceed budgeted amounts for which the Contractor has adequate supporting documentation of such expenditures. The Contractor shall not request reimbursement based upon un- budgeted amounts and in no case shall the total amount of reimbursement by SBWIB, Inc. under this Agreement exceed the sum of 137 885. A.1. CA Multi- Sector Partnership Monthly Expenditure Report — Contractor shall document its expenditures using the Report format approved and provided by the SBWIB, Inc. A.2. Monthly Expenditure Report Submission — Contractor shall submit, on or before the fifteen (15th) working day of each month, a complete and accurate monthly report including allowable accruals on forms approved and provided by the SBWIB, Inc. B. Request for Cash - Contractor shall submit to the SBWIB, Inc. a Request for Cash for actual expenditures to be paid within three (3) working days from date of request, utilizing the Request for Cash form provided by the SBWIB, Inc. The Request for Cash form may not be I 20D -5 submitted more often than every two (2) weeks. The Request for Cash will reconciled to the monthly expenditure reports. B.1 Contractor will be required to expend a minimum of fifty percent (50 %) of its total allocation on training services to participants. Administrative expenses are limited to ten percent (10 %), core services, fifteen percent (15 %); intensive services, twenty -two point five (22.5 %) and supportive services two point five percent (2.5 %). B.2 Contractor may request additional funding based upon the availability of funds, projected layoffs, and current enrollments. SBWIB, Inc. will consider all such requests and make a determination, which shall be final as to whether the request shall be honored. The determination of whether to honor such request shall be based upon the availability of funds, the number of projected layoffs, and current enrollments. Contractor's right to incur costs and receive compensation for the additional funds shall be provided by a written amendment to this Agreement. C. The Contractor will submit a copy of its approved Cost Allocation Plan or Indirect Cost Rate, documenting the methodology used to determine the reasonableness of costs allocated to the cost reimbursement activities and retain on file all documentation supporting the methodology. Failure to comply may result in nonpayment, or a partial or reduced payment until the Contractor is in compliance. In addition, failure to comply may result in Agreement termination. D. The parties agree that the SBWIB, Inc., reserves the right to prorate Contractor's reimbursement and /or adjust the Agreement based upon the number of participants enrolled as described in Exhibit "A ", Statement of Work. In addition, a percentage of total costs, or the final payment that represents a percentage of total costs, may be held pending Contractor's adherence to minimum performance requirements. E. Contractor shall make no additional claims for costs, charges, or fees, nor shall Contractor receive additional payment or any form of reimbursement from the SBWIB, Inc., individual participants or any other party, other than as specifically detailed in this Agreement. 4 41�� F Notwithstanding the provisions concerning the term of the Agreement, funding shall be provided according to the following provisions: 1. The acceptance by the SBWIB, Inc. of the performance of the Contractor under the terms of the Agreement. 2. This Agreement is funded solely under the Workforce Investment Act (WIA). In the event the WIA is canceled or WIA funds to the SBWIB, Inc. are terminated, this Agreement will likewise terminate. Contractor shall have no recourse to non -WIA funds. 3. Contractor and SBWIB, Inc. hereby agree that payment will be by SBWIB, Inc. draft within thirty (30) days following receipt and approval of each monthly invoice or within the course of ordinary SBWIB, INC. business, whichever occurs first. 4. Payments to the Contractor may be withheld by the SBWIB, Inc. if the Contractor fails to comply with the provisions of this Agreement. 5. Contractor shall be responsible to repay any disallowed costs as determined by the SBWIB, Inc., its agent, the State or the Department of Labor (DOL). III -- TERM OF AGREEMENT The term of the Agreement shall be from March 18, 2011, to March 17, 2013. IV -- MODIFICATIONS This Agreement fully expresses the agreement of the parties. Any modifications of amendment of the terms of this Agreement must be by means of a separate written document approved by the SBWIB, Inc.. No oral conversation between any office or employee of the parities shall modify this Agreement in any way. V -- ASSIGNMENTS AND SUBCONTRACTORS A. Contractor shall neither assign this Agreement nor enter into any subcontract for the performance of services required herein without securing the prior consent of SBWIB, Inc.. Any attempt by the Contractor to subcontract any performance of services under this Agreement without 20D -7 the prior written consent of the SBWIB, Inc. shall be null and void and shall constitute a material breach of this Agreement upon which the SBWIB, Inc. may immediately terminate this Agreement in accordance with the provisions of Section XXIII of this Agreement. include: B. Contractor's request to the SBWIB, Inc. for approval to enter into a subcontract shall 1. A description of the services to be provided by the subcontractor. 2. Identification of the proposed subcontractor, a description of the manner in which the proposed subcontractor was selected, and a statement of the extent of competition, if any, involved in the award of the subcontract. 3. Any other information or certification requested by the SBWIB, Inc.. C. In the event the SBWIB, Inc. consents to subcontracting, all applicable provisions and requirements of this Agreement shall be made applicable to such subcontract. To accomplish this requirement, the Contractor shall include in all subcontracts the following provision: "This Agreement is a subcontract under the terms of a prime agreement with the SBWIB, Inc. and shall be subject to all the provisions of such prime agreement. All representations and warranties under this subcontract shall inure to the benefit of the SBWIB, Inc.." D. All subcontracts shall be made in the name of the Contractor and shall not bind nor purport to bind the City /SBWIB, Inc.. The making of subcontracts hereunder shall not relieve the Contractor of any requirement under this Agreement, including, but not limited to, the duty to properly supervise and coordinate all the work of the Contractor and any subcontractor. Approval of the provisions of any subcontract by the SBWIB, Inc. shall not be construed to constitute a determination of the allow ability of any cost under this Agreement. E. The Contractor agrees that it shall be held responsible to the SBWIB, Inc. for the performance of any approved subcontract. Subcontracts shall be in writing, with a copy of each such agreement forwarded to the SBWIB, Inc. at or about the time of execution. 6 411 F. The Contractor shall be solely liable and responsible for any and all payments and other compensation for all subcontractors and the City /SBWIB, Inc. shall have no liability or responsibility with respect thereto. G. The Contractor shall not assign or subcontract any part or all of its interest in this Agreement without written approval from the SBWIB, Inc.. H. All applicable provisions and requirements of this Agreement shall apply to any subcontracts or sub agreements. The Contractor agrees that the Contractor shall be held responsible by the SBWIB, Inc. for the performance of any subcontractor(s). Procurement of subcontractor and /or vendor services must be in compliance with appropriate County, State, and federal regulations, directives, and policies. Subcontracts must be in writing and a copy of each subcontract must be made available upon request. VI -- INSURANCE A. General Liability Insurance Contractor shall procure and maintain general liability insurance protecting Contractor City and SBWIB, Inc., its officers and employees against claims arising from bodily injury ordeath to persons occurring on Contractor's business premises orotherwise through Contractor's operation or performance under this Agreement. Said insurance shall consist of combined single limit liability coverage in an amount of $1,000,000 or other equivalent coverage as approved by the SBWIB, Inc. Attorney. B. Automobile Insurance If a Contractor, in conducting activities under this Agreement, uses motor vehicles, the Contractor shall insure that the SBWIB, Inc., its officers and employees are held harmless against claims arising from the ownership, maintenance or use of said motor vehicles. In addition, Contractor shall provide insurance through a commercial insurance company authorized to do business in the State of California. The coverage shall be $1,000,000 combined single limit liability, 7 all U, or other equivalent coverage approved by the SBWIB, Inc. Attorney. C. Worker Compensation Contractor shall provide worker compensation insurance coverage and benefits which complies with provisions of the California Labor Code, covering all employees of Contractor and, if applicable, other comparable insurance coverage such as medical and accident insurance for those participants enrolled in classroom training or similar programs and not qualifying as employed under worker compensation, as required by State or Federal law. D. Fidelity Bond In the event SBWIB, Inc. chooses to make payment required herein by this Agreement by way of advancement as opposed to reimbursement, Contractor shall be required to provide and maintain a blanket fidelity bond which shall apply to the performance of any director, officer or agent of Contractor who signs or authorizes signatures on checks or drafts or in any manner authorizes the disbursement of project funds. Prior to the payment of program funds, by SBWIB, INC., Contractor shall furnish SBWIB, Inc. a certificate of insurance from an insurer admitted to do business in the State of California verifying the Contractor carries such a bond. Said insurance certificate shall (1) name the SBWIB, Inc. as additional insured with a provision for direct payment to the SBWIB, INC. in the event of loss and (2) provide that said bond shall not be canceled or terminated without 30 days written notice to SBWIB, Inc.. Contractor hereby assigns to SBWIB, Inc. any right it has to claim indemnification under such bond. The amount of the bond shall be no less than $50,000 or the highest advance planned for the present Agreement, whichever is higher. E. Certificates of Insurance s Contractor shall furnish to SBWIB, Inc. evidence of any insurance required by this Agreement. A Certificate of Insurance from an insurer admitted to do business in the State of California will be provided, indicating that the respective policies meet the following requirements: 1. The City of Hawthorne /SBWIB, Inc., its officers and employees shall be named as additional insured. 2. Insurance shall not be canceled or terminated without 30 days written notice to SBWIB, Inc.. 3. Insurance shall be primary and any insurance held by SBWIB, Inc. for its own protection shall be excess and shall be effective only upon exhaustion of Contractor's insurance. 4. Insurance shall be maintained for the duration of the Agreement, including any period extended beyond the expiration date of this Agreement required to complete performance. F. Self- Insurance Notwithstanding the insurance required above, SBWIB, Inc., at its own option, may accept as an equivalent for any such coverage, evidence of an on -going program of self- insurance together with excess coverage. Said equivalent, in order to satisfy the requirements herein contained, shall be subject to approval of the SBWIB, Inc. Attorney. VII -- HOLD HARMLESS Contractor agrees to indemnify, defend, save and hold harmless City of Hawthorne, SBWIB, Inc., its officers, employees, and agents against any and all costs, expenses, claims, suits, and liability for bodily or personal injury to or death of any person and for injury to or loss of any property, or for any indebtedness or obligations, resulting there from or arising out of and in any way connected with the alleged negligence or wrongful acts or omissions of Contractor, its officers, employees, contractors, agents or representatives, in performing or failing to perform any services required herein to be performed by Contractor or incurred by Contractor in disbursing or using any 9 20D -11 WIA funds under this Agreement. The City of Hawthorne /SBWIB, Inc., its officers, employees, and agents by this Agreement shall not assume any liability nor shall they be liable for the negligent or wrongful acts or omissions or for any indebtedness or obligations of Contractor or any of its officers, employees, contractors, agents or representatives thereof attributable to the services required to be performed or caused by the disbursement and use of WIA funds by Contractor under this Agreement. VIII -- OCCUPATIONAL SAFETY AND HEALTH ACT Contractor agrees to provide all participants with safety and health protection which shall be at least as effective as that which would be required under the Occupational Safety and Health Act of 1970 as amended if the participants were employees of the Contractor. Contractor shall also comply with the provisions of the California Occupational Safety and Health Act as amended. IX -- COMPLIANCE WITH APPLICABLE LAWS Contractor shall comply with the Workforce Investment Act (WIA) Public Law 105 -220, as amended; Title 20 Code of Federal Regulations Part 626 et al, Title 29 Code of Federal Regulations Part 97 et al, Title 2 Code of Federal Regulations Part 225 et al, WIA Rules and Regulations; applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Title VI of the Civil Rights Act of 1964, WIA Section 188, Equal Employment Opportunity (EEO) (Executive Order ( E.O.) 11246, as amended by E.O. 11375 and supplemented in 41 CFR Part 60, Title IX of the Education Amendments of 1972, as amended, Age Discrimination Act of 1975, amended, Drug Abuse Office and Treatment Act of 1972, as amended, Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 523 and 527 of the Public Health Service Act of 1912, as amended, Single Act of 1984, Title VIII of the Civil Rights Act of 1968, as amended, Promoting Procurement with Small Businesses Owned and Controlled by "Socially and Economically Disadvantaged Individuals, Historically Black Colleges and Universities, and Minority Institutions (Executive Order 12928), 10 T1l 9 Public Law 107 -288 (38USC 4215) Jobs For Veterans Act, Public Law 118 -8 Salary and Bonus Limitations, Public Law 94 -163 of the Energy Policy Conservation Act, and Environmental Protection Agency requirements; the Family Economic Security Act (FESA) AB 3424, as amended; the Americans with Disabilities Act (ADA) of 1990; the California Public Records Act; Applicable Drug Free Workplace Requirements, Office of Management and Budget (OMB) Circulars and applicable compliance supplements; all other Federal, State and local laws, rules and regulations; policies and operating requirements of the SBWIB, Inc.; as well as applicable provisions and standards promulgated by the Department of Labor, including but not limited to the following: 1. Selection of participants and staff, 2. Use of State and /or Federal funds, 3. Requirements for record keeping and reporting, 4. Provisions regarding the compensation and working conditions of participants and non - discrimination requirements. If regulations are amended or revised, Contractor shall comply with them or notify SBWIB, INC., within 30 days after promulgation of amendments or revisions that it cannot so conform. X -- RECORDS A. Access Contractor shall give the Comptroller General of the United States, and any authorized representative of the SBWIB, Inc. or any appropriate federal or state agency complete access to the right to examine any and all records, books, participant files, papers, reports, and audits. And other documents and physical evidence related to the program, as often as deemed necessary by any of the authorized representative named by Chief Executive Officer. B. Retention The Contractor shall make any and all WIA- related records, reports, participant files, and other documentation any physical evidence, in addition to documents required by this Agreement, as IF may reasonably be requested by the SBWIB, Inc., available for inspection and audit by any federal, state, or SBWIB, Inc. agency, upon request, for three (3) years from the termination date of this Agreement. In the event of litigation, unresolved audits and /or unresolved claims, the Contractor agrees to retain all such records, reports, participant files, and other documentation and physical evidence beyond the three -year period, until all such litigation, audits, and claims have been resolved. C. Location The Contractor shall inform the SBWIB, Inc. in writing of the exact location where all records, reports, participant files, and other documentation and physical evidence are to be retained within thirty (30) days of the beginning date of this Agreement. The Contractor shall inform the SBWIB, Inc. in writing of any location changes within ten (10) days from the date the records, reports, participant files, and other documentation and physical evidence are moved. Any transfers of the records or reports beyond the boundaries of the County of Los Angeles shall require prior written approval by the SBWIB, Inc.. If the Agreement ceases operations prior to five (5) years from the beginning date of this Agreement or before all litigation, audits and claims have been resolved, the Contractor shall provide the name, address, and telephone number of the Contractor's representative plus an inventory of all such records, reports, participants files, and other documentation and physical evidence. XI -- REPORTING REQUIREMENTS A. General Reporting At such times and in such forms as the SBWIB, Inc. may require, there shall be furnished to the SBWIB, Inc. such records, reports, data and information pertaining to matters covered by this Agreement. B. WIA Monthly Expenditures Reports and Close -Out 1. On or before ten (10) working days of each month, Contractor shall submit to the 12 20D -14 SBWIB, Inc., on forms provided by the SBWIB, Inc., a complete and accurate monthly expenditure report, including allowable accruals. Allowable accruals as used in this Agreement shall refer to expenses that can be accurately measured and estimated for inclusion in the total cost reported on the closeout of the grant within the contracted period. Any other costs not included will be considered disallowed. 2. Within twenty -one (21) days following the termination of the Agreement, Contractor shall submit to the SBWIB, Inc. a preliminary report of expenditures. Within forty (40) days following the termination of the Agreement, Contractor shall submit to the SBWIB, Inc., on forms provided by the SBWIB, Inc., a complete and accurate final close -out report of expenditures including allowable accruals of allowable expenditures and a remittance for all unearned grantfunds as identified in the close -out. 3. In the event Contractor does not submit a final close -out within the prescribed time frame, the SBWIB, Inc. reserves the right to unilaterally close -out the Agreement and use the report on file at the SBWIB, Inc. for determination of Contractor's final allowable expenditures. The SBWIB, Inc. will not reimburse the Contractor for any expenditure reported after the forty (40) -days closeout date following termination of this Agreement. The SBWIB, Inc. shall provide closeout forms to the Contractor at least thirty (30) days prior to termination of Agreement. C. Management Information System (MIS) Reporting Contractor shall submit to the SBWIB, Inc. all MIS forms within 10 days of the activity date (ex: enrollment/registration date, exit date, follow -up date) utilizing the Intrastate Training Resource and Information Network (I- TRAIN). XII — INTELLECTUAL PROPERTY RIGHTS The Federal Government reserves a paid -up, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use for federal purposes: i)the copyright in all products developed under the grant, including a subgrant or contract under the 13 20D -15 grant or subgrant; and ii) any rights of copyright to which the grantee, subgrantee or a contractor purchases ownership under an award (including but not limited to curricula, training models, technical assistance products, and any related materials). Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronically or otherwise. Federal funds may not be used to pay any royalty or licensing fee associated with such copyrighted material, although they may be used to pay costs for obtaining a copy which are limited to the developer /seller costs of copying and shipping. If revenues are generated through selling products developed with grant funds including intellectual property, these revenues are program income. Program income is added to the grant and must be expended for all allowable grant activities. If applicable, the following needs to be on all products developed in whole or in part with grant funds: "This workforce solution was funded by a grant awarded by the U.S. Department of Labor. The Department of Labor makes no guarantees, warranties, or assurances of any kind express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership. This solution is copyrighted by the institution that created it. Internal use by an organization and /or personal use by an individual for non - commercial purposes is permissible. All other uses requires the prior authorization of the copyright owner." XIII -- INVENTIONS, PATENTS AND COPYRIGHTS A. Reporting Procedure If any project produces patentable items, patent rights, processes, or inventions in the course of work under a DOL grant or agreement, the Contractor shall report the fact promptly and fully to the SBWIB, Inc.. The SBWIB, Inc. shall report the fact to the Grant Officer, at DOL. Unless there is a prior Agreement between SBWIB, Inc. and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery, including 14 rights under any patent issued thereon, which will be allocated and administered in order to protect the public interest consistent with the "Government Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 CFR 16889). B. Copyright Policy Unless otherwise provided in the terms of the grant or Agreement, when copyrightable material is developed in the course of or under a DOL grant or agreement, the author and the SBWIB, Inc. which developed the work is free to copyright material or to permit others to do so. The SBWIB, Inc. shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use, and to authorize others to use all copyrighted material. The U.S. Department of Labor reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: The copyright in any work developed under any grant, subgrant, or agreement under a grantor subgrant; and, 2. Any right of copyright to which a grantee, subgrantee or a Contractor purchases ownership with grant support. C. Rights to Data The U.S. Department of Labor and the SBWIB, Inc. shall have unlimited rights to any data first produced or delivered under this Agreement. XIV --REBATES The Contractor agrees to advise the SBWIB, Inc., in writing, of any forthcoming income resulting from lease /rental rebates or other rebates, interest, credits or any other monies or financial benefits to be received directly or indirectly as a result of or generated by these award dollars. Appropriate action must be taken to ensure that the Government is reimbursed 15 20D -17 proportionally from such income. XV -- ACORN PROHIBITION Section 511 of the Consolidated Appropriations Act, 2010 (P.L. 111 -117, Division E)( "CAA"), requires that no direct or indirect funding from the Consolidated Appropriations Act may be provided to the Association of Community Organization for Reform Now ( "ACORN ") or any of its subsidiaries through Federal grantees or contractors. DOL is required to take steps so that no Federal funds from the Consolidated Appropriations Act, 2010, are awarded or obligated by DOL grantee or contractors to ACORN or it subsidiaries as subgrants, subcontractors, or other subrecipients. This prohibition applies not only to a direct recipient of Federal funds, but also to a subrecipient (e.g., a subcontractor, subgrantee, or contractor of a grantee). XVI -- CONFIDENTIALITY REQUIREMENTS A. Contractor shall maintain the confidentiality of any information regarding participants and the immediate family of any participant that identifies or may be used to identify them and which may be obtained through application forms, interviews, tests, reports from public agencies, counselors, or any other source. The Contractor shall not divulge such information without the permission of the participant, except for disclosures required by court process, order, or decree, and except that information which is necessary for purposes related to the performance or evaluation of the Agreement may be divulged to parties having responsibilities under the Agreement for monitoring or evaluating the services and performances under the Agreement and to governmental authorities to the extent necessary for the proper administration of the program. B. Confidentiality of State /County Records Confidential information pertains to any data that identifies an individual or an employing unit. Confidential information is not open to the public and requires special precautions to protect it from loss, unauthorized use, access, disclosure, modification, and destruction. The sources of information may include, but are not limited to, Employment Development Department, 16 all 9-i E;� the California Department of Social Services, the California Department of Education, the County Welfare Department(s), Directors of Child Support, the Office of the District Attorney, the California Department of Mental Health, the California Office of Community Colleges and the Department of Alcohol and Drug Programs. The Contractor agrees to: 1. Keep all information furnished by State /County agencies strictly confidential, and make the information available to its own employees only on a "need -to- know" basis, as specifically authorized in this Agreement. Instruct all employees with State /County information access regarding the confidentiality of this information and of the penalties for unauthorized use or disclosure found in section 1798.55 of the Civil Code; section 502 of the Penal Code; section 2111 of the Unemployment Insurance Code; section 10850 of the Welfare and Institutions Code and other applicable local, State and federal laws. 2. Store and process information electronically, in a manner that renders it unretrievable by unauthorized computer, remote terminal, or other means. State /County confidential information should be returned promptly and /or, all copies /derivations should be destroyed when no longer in use. An approved method of confidential information destruction should be used: shredding, burning, or certified /witnessed destruction. Magnetic media are to be demagnetized or returned to appropriate agency. In no event, shall said information be disclosed to any individual outside of the Contractor staff, and /or their employees. XVII -- CERTIFICATION REGARDING CHILD SUPPORT COMPLIANCE PROGRAM Contractor, by signing this Agreement, hereby certifies compliance with the Child Support Compliance Act of the State of California, as implemented by the Employment Development Department. Contractor assures that to the best of its knowledge, it is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. Contractor recognizes and acknowledges the importance of child and family support obligations and 17 shall fully comply with applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) Part 5 of Division 9 of the Family Code. Contractor's failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and the Contractor may be ineligible for award of future Agreements if SBWIB, Inc. determines that any of the following has occurred: (1) false certification, or (2) violation of the certification by failing to carry out the requirements as noted above. XVII I-- FISCAL ACCOUNTABILITY Contractor shall establish and maintain a sound financial management system, based upon generally accepted accounting principles. An integral part of the required financial management system is a system of internal accounting controls that will provide reasonable assurance that WIA assets are safeguarded against loss from unauthorized use or disposition, and that accounting transactions affecting WIA fund accountability are properly charged and recorded by administrative and program cost categories to permit the preparation of accurate and supportable financial reports. XIX -- NOTICES All notices to be given in accordance with this Agreement shall be deemed served by (1) enclosing same in a sealed envelope addressed to the party intended to receive the same at the address indicated herein and deposited postage prepaid in the United States Postal Service, or (2) personal service. For these purposes, the addresses of the parties shall be as follows: SBWIB, INC. Contractor South Bay Workforce investment Board Inc. City of Santa Ana Workforce Investment Board 11539 Hawthorne Blvd., 5th Floor 1000 E. Santa Ana Blvd, Suite 200, Hawthorne, CA 90250 Santa Ana CA 92701 Attn: Jan Vogel, Chief Executive Officer Attn: Linda Oberman, Director XX -- PROGRAM INCOME FOR NON - PROFIT AND PUBLIC AGENCIES 18 all !b�� I Program income is earned through the activities funded by this Agreement. For further definition of program income and requirements for its use, Contractors are referred to WIA section 195(7)(A) and (B)(i)(ii) and 20 CFR '667.200 which are herein incorporated by this reference. Any program income must be reported to the SBWIB, Inc. on the expenditure report, and must be returned to the SBWIB, Inc. in accordance with the SBWIB, Inc.'s written directions to the Contractor. At the City's discretion, program income may be used to augment the Contractor's WIA program. Such use of program income is permitted only by written amendment to this Agreement. Should such use of program income must be approved, Contractor shall maintain records in support of all earnings and expenditures relating to the use of those funds in accordance with WIA record retention and audit requirements. The SBWIB, Inc. shall monitor Contractor's compliance with all program income requirements XX -- AUDITS AND REQUIREMENTS Contractor shall comply with audit requirements as identified WIA regulations (20 CFR 667.200(b) and respective Office of Management and Budget (OMB) Circulars and other applicable Federal, State, and local policies and regulations. Contractor shall be responsible for determining whether it is subject to the OMB Circulars, or other federal auditing requirements, and, if so, shall be responsible for compliance with the audit requirements thereof. Such audits shall be paid for by the Contractor. A commercial organization (subrecipient) receiving $500,000 or more in federal financial assistance to operate a WIA program shall comply with the audit requirements set forth in OMB Circular 133. Contractor shall allow authorized SBWIB, Inc., State, and Federal representatives to have full access to the Contractor's facilities and all related WIA documentation and other physical evidence for the purposes of auditing, evaluation, inspection, and monitoring of the program set forth in this Agreement, including the interviewing of the Contractor's staff and program participants during normal business hours. 19 20D -21 The SBWIB, Inc. shall have the authority to examine the books and records used by the Contractor in accounting for expenses incurred under this Agreement. Should these books and records not meet the minimum standards of the accepted accounting practices of the SBWIB, Inc., the SBWIB, Inc. reserves the right to withhold any or all of its funding to the Contractor until minimum standards are met. The SBWIB, Inc. may require the Contractor to use any or all of the SBWIB, Inc.'s accounting or administrative procedures used in planning, controlling, monitoring, and reporting of all fiscal matters relating to this Agreement. The SBWIB, Inc. reserves the right to dispatch auditors of its choosing to any site where any phase of the program is being conducted, controlled, or advanced in any way, tangible or intangible. Such sites may include the home office, any branch office, or other locations of the Contractor if such sites, or the activities performed thereon, have any relationship to the program covered by this Agreement. When fiscal or special audit determines that the Contractor has expended funds which are questioned under the criteria set forth herein, the Contractor shall be notified and given the opportunity to justify questioned expenditures prior to the SBWIB, Inc.'s final determination of the disallowed costs, in accordance with the procedures established under WIA. XXI --- CERTIFICATION 1. Debarment and Suspension Certification: By signing this Agreement, Contractor hereby certifies under penalty of perjury under laws of the State of California the Contractor will comply with regulation implementing Executive Order 12549, Debarment and Suspension, 29 CFR, Part 98, Section 98.510, that the prospective participant, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transitions by any federal department of agency; 20 all 2. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connecting 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; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, State or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; 4. Have not within a three -year period preceding this Agreement had one or more public transactions (federal, State, or local) terminated for cause of default. 5. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. B. Lobbying Restrictions: By signing this Agreement the Contractor hereby assures and certifies to the lobbying restrictions which are codified in the DOL regulations at 29 CFR Part 93. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an employee of Congress, an officer or employee of Congress, or a employee of a Member of Congress, in connection with this Agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, the Contractor shall complete and submit Standard Form - LLL , Disclosure Form to Report Lobbying, in accordance with its instructions. K all C. Nepotism: By signing this Agreement the Contractor certifies that it shall not hire or permit the hiring of any person in a position funded under this Agreement if a member of the person's immediate family is employed in an administrative capacity. by the Contractor. For the purpose of this Agreement, the term's immediate family's means spouse (common law or otherwise), child, mother, father, brother, sister, brother -in -law, sister -in -law, son -in -law, daughter -in- law, mother -in -law, father -in -law, aunt, uncle, niece, nephew, step - parent, step - child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by the Contractor. The term's administrative capacity's means persons who have overall administrative responsibility for a program, including but not limited to selection, hiring, or supervisory responsibilities. D. Drug Free Workplace Compliance: By signing this Agreement the Contractor hereby warrants and certifies that it shall comply with California Drug -Free Workplace Act of 1990 (Cal. Gov. Code Section 8350 et seq.), as amended, including provision of the requisite certification as set forth therein; and the federal Drug -Free Workplace Act of 1998, including its implementing regulations (29CFR Part 98, commencing with 98.600) E. Nondiscrimination and Affirmative Action: By signing this Agreement the Contractor hereby certifies that it shall conduct not discriminate against any employee or applicant for employment because of race religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. The Contractor will take affirmative action to assure that applicants are employed, and that employees are treated during their employment, without regard to their race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. XXII --- PUBLICITY No funds provided under this agreement shall be used for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, 22 20D -24 television or film presentation designed to support or defeat legislation pending before the Congress itself. Nor shall grant funds be used to pay salary or expenses of any grantee or agent acting for such grantee, related to any activity designed to influence legislation or appropriations pending before the Congress. XXIII --- PUBLIC ANNOUCEMENTS When issuing statements, press releases, requests for proposals, bid solicitation, and other documents describing project or programs funded in whole or in part with Federal money, Contractor shall clearly state (1) the percentage of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount of federal funds for the project or program. XXIV - -- BUY AMERICAN NOTICE REQUIREMENT It is the sense of Congress that to the greatest extent practicable, all equipment and products purchased with funds made available with these appropriated funds, should be American made. See also WIA section 505 -Buy American Requirements. XXV -- GRIEVANCES AND COMPLAINT SYSTEM A. Contractor shall maintain a grievance and complaint procedures in compliance with the WIA, federal regulation and state statues, regulation and policy. B. Contractor shall preliminarily investigate all complaints of clients enrolled in the CA Multi- Sector Partnership Project and notify the SBWIB, Inc.'s Chief Executive Officer of the status of the investigation within five (5) business days of receiving the complaint. C. When complaints cannot be resolved informally, a system of follow- through shall be instituted which adheres to formal plan for specific actions and strict time deadlines. D. Copies of all written complaint response shall be sent to the SBWIB, Inc.'s Chief Executive Officer within five (5) business days of mailing to the complaint E. Contractor shall not discriminate or retaliate against any person, or deny to any person 23 20D -25 a benefit to which that person is entitled under the provisions of the WIA or WIA Regulations because such person has filed a complaint, has instituted or caused to be instituted any proceeding under or related to the Act, has testified or is about to testify in any such proceeding or investigation, or has provided information or assisted in any investigation. F. Contractor shall permit the Directorate of Civil Rights (or a representative) access to its premises, participants, employees, books, and papers should the need arise during a complaint investigation. XXVI -- DISPUTE RESOLUTION AND BREACH A. Dispute: Contractor agrees to use administrative processes and negotiation in attempting to resolve disputes arising from this Agreement. Contractor shall continue performance of the Agreement activities during such dispute and shall immediately submit written request for informal review and consultation to the SBWIB, INC. Administration. If the dispute is not resolved within thirty (30) days of such request, SBWIB, Inc. through its agent, shall review the disputed matter and, after consultation with the SBWIB, Inc. Administration and the Contractor, reach a resolution. Contractor shall be issued a decision in writing that shall bind all parties. Contractor shall be afforded an opportunity to appeal and to offer evidence in support of its appeal. Pending final decision of an appeal, Contractor shall proceed with the performance of the Agreement. Upon final disposition, Contractor shall comply with SBWIB, Inc.'s decision. B. Breach: In the event any party fails to perform, in whole or in part, any promise, covenant, or agreement herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein with respect to termination, if any, except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. 24 4119 XXVII- - DEFAULTS, PROBATION, SUSPENSION, TERMINATION AND SANCTIONS OF FUNDING A. Defaults Default, as used in this Agreement, shall mean instances when Contractor fails for any reason to comply with the obligations of this Agreement within the term of Agreement. Actions that come as a result of Contractor's default shall include but are not limited to the following: 1. Reduce the total budget; 2. Make any changes in the general scope of this Agreement; 3. Place the Contractor on Probation status; and 4. Terminate the Agreement. B. Probation 1. The SBWIB, Inc. may place Contractor on probation for failure to comply with the terms and conditions of this Agreement by giving written notice, which shall be effective upon receipt. 2. Said notice shall set forth the period of probation, the reasons for probation, and the specific conditions of non - compliance. 3. Within five (5) working days, the Contractor shall reply in writing, setting forth the corrective actions which will be undertaken, subject to SBWIB, Inc. approval in writing. C. Suspension 1. It is mutually understood and agreed that failure of Contractor to comply with any provision of this Agreement, its Exhibits or Attachments is cause for suspension of payments and /or referrals. 2. The SBWIB, Inc. may immediately suspend payments to Contractor prior to termination of the Agreement in whole or in part for the following causes: a. Failure of Contractor to comply in any respect with either the terms 25 20D -27 and /or conditions of this Agreement. b. Submittal to SBWIB, INC. of reports which are incorrect or incomplete in any substantial or material respect. Federal or State governments. C. Termination or suspension of grant(s) to SBWIB, Inc. /City from the d. Failure of Contractor to accept and /or implement any additional conditions that may be required by law, by the Federal government, Executive Order or by regulation of the State, its agencies responsible for the operation of this program, or SBWIB, Inc.. 3. Upon suspension of funds, Contractor agrees notto expend anyfurtherfunds related to the performance of this Agreement without the express, written consent of SBWIB, Inc.. D. Termination This Agreement may be terminated in whole or in part by SBWIB, Inc. for cause, which shall include but are not limited to: a. Failure for any reason of the Contractor to fulfill in a timely and proper manner any of its obligations under this Agreement. b. Suspension or termination by the Department of Labor or the State of the grant to City /SBWIB, INC. under which this Agreement is made. C. Improper use by Contractor of funds furnished under this Agreement. d. Failure to meet performance standards as stipulated in Exhibit "A ". 2. This Agreement may be canceled by either parry without cause upon 30 days written notice prior to the effective date of such termination, which shall be specified in the notice. 3. Upon termination or cancellation of this Agreement, Contractor shall be responsible for preparation of close out reports and transmittal to SBWIB, Inc. of all documents which are in the possession of Contractor that relate to the conduct of the program within the time 26 4119 ;o and within the manner prescribed by SBWIB, Inc.. Final payment to Contractor under this Agreement will be made only after SBWIB, Inc. has determined that Contractor has satisfactorily completed said close -out procedures. E. Sanctions Contractor through the execution of this Agreement agrees to comply with, the requirements herein, and those requirements contained within the Workforce Investment Act and all applicable Directives /Bulletins from the SBWIB, Inc., State, or Department of Labor (DOL). Approved sanctions may include but are not limited to the following: fiscal probation, administrative probation, withholding of payment, reobligation /deobligation of Agreement funds, questioned and /or disallowed costs, or suspension /termination of this Agreement. Those sections which may be applied will be dependent upon the circumstances of noncompliance. XXVIII -- ENTIRE AGREEMENT This Agreement, including all Exhibits referenced, constitutes the entire agreement of the parties and supersedes any previous oral negotiations or written expressions of intent between the parties. all 27 written. IN WITNESS WHEREOF, the parties hereto have agreed on this date and year first above By: CITY OF SANTA ANA WORKFORCE INVESTMENT BOARD Signature: Name: Paul Walters Title: Interim City Manager APPROVED AS TO FORM: City Attorney SOUTH BAY WORKFORCE INVESTMENT BOARD, INC. Jan Vogel, Chief Executive Officer APPROVED AS TO FORM: Jack Ballas, Attorney -at -Law 28 4110KC 29 20D -31 EXHIBIT A STATEMENT OF WORK CA Multi- Sector Workforce Partnership Project Project Overview The South Bay Workforce Investment Board, Inc. (SBWIB, Inc.) has been awarded a National Emergency Grant for the CA Multi- Sector Partnership Project that will provide core, intensive, training and supportive services to dislocated workers. Customers must be laid off from companies as noted in Attachment Al. Ineligible Layoff Events Layoffs or less than 50 workers are not typically eligible dislocation events for multi- company NEGs; the Contractor must remove layoffs affecting less than 50 workers from the project as they should be served with formula funds., unless serving less than 50 workers has been approved by DOL. Enrollments All participants eligible for services /assistance under this agreement shall be registered /enrolled no later than six (6) months of the grant award date of June 30, 2011. All enrollments must be completed by December 31, 2011. On- the -Job and Customized Training Waivers Contractor will be allowed to use the WIA Statewide California Waivers for PY 2011 -12 for OJT and Customized Training upon the final issuance of the EDD Directive. The directive has an expiration date of June 30, 2012. Performance Measurements Chart Dislocated Workers Performance Standards Dislocated Worker Entered Employment Rate 82% Dislocated Worker Employment Retention Rate 85% Dislocated Worker Earnings Replacement Rate $15,900 Enrollment Plan -Grant Code 945 Program New Enrollments Total Funding CA Multi- Sector Workforce Partnership Project 1 16 $137,885 The SBWIB, Inc. will pay tuition expenditures directly to the vendor if requested by the Contractor. *The term date March 18, 2011 to March 17, 2013 30 41105Y ATTACHMENT A CA Multi- Sector Workforce Partnership (NEG) Application 31 Q H Z W 2 U Q H H Q z w w U. LL O Q J O U Q H Z O U O 'a J N C ca a w 0 m -I r J Q O z z z Q Q Q Co N r ti 0 x C 0 U f�6 7 C ca U C S CL o O U Z O ti r 01 0 �I U C X all �1 J x d 0 0 J N M ATTACHMENT B ASSURANCES All participants eligible for services /assistance under this agreement shall be registered /enrolled no later than six (6) months of the grant award date of June 30, 2011. This six month enrollment period may be modified by SBWIB, Inc. at any time. Unless specifically developed for the California Multi- Sector Workforce Partnership Project and agreed to in writing by the partners, State of California policies governing on- the -job training (OJT) agreements, customized training, participant support services, paid and unpaid work experience, and paid and unpaid internships shall apply to all such activities under this agreement. Where the State has not defined a specific policy, and where specific policy or guideline has not been developed and approved for the Project, WIA rules and regulations will prevail. • All local WIA policies and WIA- funded activities, including those pertaining to and funded under the National Emergency Grant Program, shall comply with all applicable federal and state statutes, rules, policies, and regulations of the federal Workforce Investment Act of 1998. • Work experience wages paid under this agreement shall not exceed $15.00 per hour and the length of a paid work experience assignment will not exceed 12 weeks. On- the -job training agreements will be developed only with employers for positions where the employer has agreed to retain the participant after successful completion of the OJT period. Wage reimbursement payments under OJT agreements will be based on the specific vocational preparation level requirements of the position in question and will not exceed 90% of the hourly wage per current DOL state waiver. In no case may the duration of an OJT agreement exceed six months in length. • Follow -up services for participants receiving service(s) under this agreement shall continue for 12 months after program exit. • No participant receiving service /assistance under this agreement may be enrolled in another NEG without the express written authorization of the SBWIB, INC., Inc. • No funds will be used under this NEG agreement to pay for health insurance premiums for dislocated workers who do not quality under programs authorized by the Trade Act of 2002. • NEG supportive service funds may be used to pay for emergency medical treatment and needs - related payments —where authorized by local workforce investment boards for the Dislocated Worker Formula Program. • No Rapid Response activities will be funded under this agreement. • All participants receiving service(s) /assistance under this agreement must complete training no later than 90 days prior to the end of the agreement or March 17, 2013, wh ichever comes first. 33 20D -35 ATTACHMENT C PROJECT's ADMINISTRATION GRANT MANAGER: Name: Robert Meiia Title: Project Manager Address: 11539 Hawthorne Blvd., 5th floor Hawthorne, CA 90250 Telephone: (310) 970 -7700 Facsimile: (310) 970 -7713 E -Mail Address: rmeiia(a)-sbwib.org FISCAL UNIT: Name: Tudorita "Dori" Giulea Title: Fiscal Coordinator Address: 11539 Hawthorne Blvd., 5th floor Hawthorne, CA 90250 Telephone: (310) 970 -7700 Facsimile: (310) 970 -7713 E -Mail Address: tgiulea(a)-sbwib.org CONTRACT ADMINISTRATION: Name: Dustin Stevenson Title: Contracts Address: 11539 Hawthorne Blvd.. 5th floor Hawthorne, CA 90250 Telephone: (310) 970 -7721 Facsimile: (310) 970 -7711 E -Mail Address: dstevenson(a)_sbwib.org 34 41111 Responsible for Contract Areas: Anaheim, Long Beach, Orange County, San Bernardino, Santa Ana, Stanislaus MIS ADMINISTRATION: Name: Tamika Hambrick Title: MIS Address: 11539 Hawthorne Blvd.. 5th floor Hawthorne, CA 90250 Telephone: (310) 970 -7700 Facsimile: (310) 970 -7713 E -Mail Address: thambrickP- sbwib.org 35 20D -37 CONTRACTOR's ADMINISTRATION PROJECT MANAGER: Name: Title: Address: Telephone: Facsimile: E -Mail Address: FISCAL UNIT: Name: Title: Address: Telephone: Facsimile: E -Mail Address: CONTRACT ADMINISTRATION: Name: Title: Address: 36 all 05100� ATTACHMENT D Telephone: Facsimile: E -Mail Address: MIS ADMINISTRATION: Name: Title: Address: Telephone: Facsimile: E -Mail Address: 37 EXHIBIT B BUDGET SUMMARY FORMS 38 al �� EXHIBIT B1 REQUEST FOR CASH FORMAT 39 20D -41 EXHIBIT C GENERAL PROVISIONS Contractor hereby assures that in administering this Agreement, it shall comply with the standards of conduct hereinafter set out, for maintaining the integrity of the project and avoiding any conflict of interest in its administration. General Assurance. Every reasonable course of action shall be taken by the Contractor in orderto maintain the integrity of this expenditure of public funds and to avoid any favoritism, questionable or improper conduct. This Agreement shall be administered in an impartial manner, free from personal, financial or political gain. The Contractor, its executive staff and employees, in administering the Agreement, shall avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest, or personal gain. Nondiscrimination. Prohibition of Discrimination Regarding Participation Benefits and Employment No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any such program or activity because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Prohibition on Assistance for Facilities for Sectarian Instruction or Religious Worship Participants shall not be employed under this title to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place of religious worship. Prohibition on Discrimination on Basis of Participant Status No person may discriminate against an individual who is a participant in a program or activity that receives funds under this Title with respect to the terms and conditions affecting the rights provided to the individual solely because of the status of the individual as a participant. Prohibition on Discrimination Against Certain Non - Citizens Participation in programs and activities or receiving funds underthis Title shall be available to citizens and nationals of the United States, lawfully admitted permanent resident aliens, refugees, asylees, parolees, and other immigrants authorized by the Attorney General to work in the United States. Nepotism: The Contractor certifies that it shall not hire nor permit the hiring of any person in a position funded under this Agreement if a member of the person's immediate family is employed in an administrative capacity ". For the purpose of this Agreement, the term "immediate family" means spouse (common law or otherwise), child, mother, father, brother, sister, brother /sister -in -law, son /daughter -in -law, mother /father -in -law, aunt, uncle, niece, nephew, step - parent, step - child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by the Contractor. The term "administrative capacity" means persons who have overall administrative responsibility for a program including but not limited to selection, hiring, or supervisory responsibilities. Avoidance of Conflict of Economic Interest. 40 41 9 A An executive or employee of the Contractor, an elected official in the area of a member of the South Bay Workforce Investment Board (SBWIB, Inc. shall not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by the Contractor or Sub - contractor. Supplies, materials, equipment or services purchased with subgrant funds shall be used solely for purposes allowed under this Agreement. No member of the SBWIB, Inc. shall cast a vote on the provision of services by that member (or any organization which that member represents) or vote on any matter which would provide direct financial benefit to that member of any business or organization which the member directly represents. Avoidance of Sectarian Activities. The Contractor certifies that this Agreement does not provide for the advancement or aid to any religious sect, church, creed or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church or sectarian denomination whatever, as specified by Article XVI, Section 5, of the Constitution, regarding separation of Church and State. Unallowable Activities and Costs. Contractor will comply with the guidelines per 20 CFR Part 652, WIA Final Rule, August 11, 2000, regarding unallowable activities and costs or compensation may be disallowed. The following activities and costs, among others, are specifically unallowable: Public Service Employment: No funds will be used under this Agreement for public service employment, subsidized employment with public and non - profit employers providing public services, except to provide disaster relief employment as specifically authorized in section 173(d), (WIA SEC. 195(10). 2. Sectarian Activities: The employment or training of participants to carry out the construction, operation, or maintenance of any part of any facility that is used or to be used for sectarian instruction or as a place for religious work activities is prohibited. 3. Political Activities: No financial assistance may be provided for any program which involves political activities. 4. Maintenance of Effort: a. No currently employed worker shall be displaced by any participant (including partial displacement, such as a reduction in hours of non - overtime work, wages or employment benefits) any currently employed employee (as of the date of the participation). b. No program shall impair existing contracts for services or collective bargaining agreements, except that no program under this act which would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned. c. No participant shall be employed or job opening filled when (1) any other individual is on 41 4119 7 layoff from the same or any substantially equivalent job, or (2) the employer has terminated the employment with the intention of filling the vacancy so created by hiring a participant whose wages are subsidized under this Agreement. d. No jobs shall be created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals. 5. Any funds received by agencies or individuals may not be used to assist, promote, or deter unionization. 6. No funds provided under WIA may be used for contributions on behalf of any participant to retirement systems or plans. 7. No person or organization may charge an individual a fee for the placement or referral of Such individual in or to a training program funded under this WIA. Davis Bacon wages shall be paid to participants employed as laborers or mechanics by contractors, or Contractors, when working in construction which is assisted under the Act and which is related to a building used for WIA programs. 9. Funds provided under this Act shall only be used for activities that are in addition to those which would otherwise be available in the absence of such funds. 10. No funds shall be used for the encouragement or inducement of a business, or part of a business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location or to assist in relocating establishments, or part of a business that has relocated from any location in the United States, until the company has operated at that location for 120 days, if the relocation has resulted in any employee losing his or her jobs at the original location. 11. Funds provided under this Act shall not be used to duplicate facilities or services available in the area (with or without reimbursement) from Federal, State, or local sources, unless, it is demonstrated that alternative services or facilities would be more effective or likely to achieve the workforce investment area's performance goals. 12. No funds shall be used for employment generating activities. 13. Incumbent Employee: No funds shall used on wages of incumbent employees during their participation in economic development activities provided through a Statewide workforce investment system, (WIA sec 181(b)(1)). UNDERSTANDINGS A. Contractor understands that this Agreement is a cost reimbursement contract. B. Contractor agrees that job development for participants accepted into training program shall be a primary responsibility of Contractor, including job solicitation and job creation. C. Contractor understands that once a participant is enrolled and costs have been incurred, responsibility for participants' training and placement is assumed. 42 al , D. Contractor understands that SBWIB, Inc. staff are charged with tracking and reporting on compliance and performance of all Agreements to the SBWIB, Inc. and /or designated committees. The staff are required to monitor and provide evaluation information to appropriate persons and committees. Such methods for evaluation may include surveys of participants and employers. E. Contractor understands that this program plan is subject to modification in order to comply with required policies, procedures and /or interpretation of state guidelines. F. Contractor understands that SBWIB, Inc.'s on -site monitoring shall, if applicable, include a review of the financial assistance awards list to find WIA enrollees and to identify possible WIA training fund overpayments in order to recover funds from training institutions that received education assistance program funds on behalf of WIA participants. G. Contractor understands that all costs paid out for a participant who is enrolled without SBWIB, Inc.'s written authorization prior to enrollment who is found to be ineligible, and any costs associated with services provided under this Agreement found to be disallowed in an audit, shall be the sole responsibility of the Contractor. The SBWIB, Inc. will withhold amounts owed the debtor for past services or other considerations already provided in satisfaction of the debt owed, or use any repayment method identified in the SBWIB, Inc.'s debt collection policy. H. The conduct of the parties to this Agreement shall be in accordance with Title VI and VII of the Civil Rights Act of 1964, and the rules and regulations promulgated thereunder. In addition, During the performance of this Agreement, the Contractor shall not deny the said benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, or political affiliation, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, marital status, age, sex, or political affiliation. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. 2. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this agreement. Contractor will administer its programs under the Workforce Investment Act (WIA) in full compliance with safeguards against fraud, abuse and criminal activity as set forth in WIA Directives. Contractor's employees and participants shall be alert to any instances of fraud, abuse, and criminal activity committed by staff or program participants and report all such instances to the SBWIB, INC. within 24 hours of discovery in accordance with requirements and procedures contained in 20 CFR Section 667.630. Contractor shall provide evidence of notification to employees and participants of policies and reporting procedures concerning fraud, abuse and criminal activity. 43 20D -45 EXHIBIT D CONSULTANTS In the event that Contractor shall enter into consultant and /or professional service agreement for any services provided under this Agreement, the parties to any such agreement, and the services they are to provide, shall be identified below. Contractor shall provide SBWIB, Inc. with current copies of any consultant and /or professional services agreements with the individuals listed below. Said agreements shall specify compliance with terms and conditions of the primary agreement with SBWIB, Inc. Adjustments to this Exhibit may be made by approval of the SBWIB, Inc., Attorney without amendment, however, prior to any change in, or additions to, the list of consultants contained herein, Contractor shall notify SBWIB, Inc. and provide copies of sub - agreements and other required documents. Consultants performing services which may involve driving must provide evidence of insurance (insurance certificates) at the level required and with additional insured endorsements. CONSULTANT SERVICES TO BE PERFORMED 20[Y-46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: TARGET STORES DONATION FOR NATIONAL NIGHT OUT COMMUNITY EVENT C CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended Fo As Amended Ordinance on 1St Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing CONTINUED TO FILE NUMBER Authorize the acceptance of a donation in the amount of $1,000 from the Target Stores, to be used by the Police Department National Night Out event. 2. Approve an appropriation adjustment recognizing the donation in the amount of $1,000 into the Police Special Revenue Fund, Gifts and Donations revenue account (no. 02414002 - 57081) and appropriate same into the Police Special Revenue Fund, Operating Materials and Supplies expenditure account (no. 02414400 - 63001). DISCUSSION The Target Stores and Police Department participate in the National Night Out event, a unique crime /drug prevention event to heighten awareness, generate neighborhood sprit and organize support for local anticrime programs. This year's event a free community event was held at Madison Elementary School. Target Stores desires to support local law enforcement and impact the local community in a positive manner by donating $1,000 to the Police Department. This donation will be used by the Police Department in support of National Night Out. These funds will be used to purchase food and supplies for the event. FISCAL IMPACT Approval of the appropriation adjustment will enhance the Police Special Revenue Fund, Gifts and Donations revenue account (no. 02414002 - 57081) by $1,000 and appropriate same into the Police Special Revenue Fund, Operating Materials and Supplies account (no. 02414400 - 63001). CVL1,t, Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: 1 Francisco Gutierrez Executive Director 26'En9r & Mgmt. Services Agency/P-- 20E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: APPROPRIATION ADJUSTMENT ACCEPTING THE OFFICE OF EMERGENCY SERVICES PROGRAM SUPPLEMENTAL GRANT FUNDS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment accepting the State of California Office of Emergency Services 2007 Anti -gang Initiative Supplemental Grant Funds in the amount of $3,615 into the revenue account (account no.15514002- 52001) and appropriate same into the California Office of Emergency Services 2007 Anti -gang Initiative Supplemental Grant Program expenditure accounts (account no.15514413- 62120). DISCUSSION On January 10, 2010, Council accepted the State of California, Office of Emergency Services, Anti - Gang Initiative Supplemental Grant funds in the amount $25,000. Additional funding has been made available to the Santa Ana Police Department in the amount of $3,615. As a participating member of this grant program, the Santa Ana Police Department will receive the additional grant funds for training related to gang enforcement activities. Staff recommends approval of the recommended actions as the grant program positively impacts the community and directly aids in the efforts to reduce gang activities. FISCAL IMPACT The appropriation adjustment will enhance the Police Department's Office of Emergency Services 2007 Anti -Gang Initiative Grant Revenue Account (account no. 15514002- 52001) by an amount of $3,615 and the expenditure appropriation for Police Department's OES 2007 Expenditure Account (account no. 15514413 - 62120) by the same. Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez /-'8 Executive Director 2 ftanle & Mgmt. Services Agency 20F -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: AGREEMENT FOR PLANNING AND ENVIRONMENTAL SERVICES FOR THE SANTA ANA GENERAL PLAN CIRCULATION ELEMENT UPDATE (PROJE -6754) 7("_- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with IBI Group for planning and environmental services in an amount not to exceed $500,000 to prepare the General Plan Circulation Element update, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Assembly Bill 1358, the 2008 California Complete Streets Act, requires that cities prepare a comprehensive update to their General Plan Circulation Element to incorporate the concepts of "Complete Street" design if it is determined that a substantial change has been, or will be, made to the Element. A Complete Street is one that supports the development of a balanced, multimodal transportation network that serves all users, whether they are driving, walking, bicycling or taking transit. The State legislature enacted this law to help fulfill the commitment to reduce greenhouse gas emissions through efficient use of urban land and transportation infrastructure. The need to update Santa Ana's Circulation Element in order to incorporate the Fixed Guideway project and its California Environmental Quality Act analysis requires that the City perform a comprehensive update to the Circulation Element, thereby triggering the Complete Streets requirement. A Request for Proposal was distributed to thirteen planning consulting firms in mid June 2011. In response to the Request for Proposals, staff received proposals from four qualified planning firms. After reviewing the proposals, Planning, Public Works and Parks, Recreation and Community Services staff conducted interviews with three consulting teams: RBF Consulting, Iteris inc., and IBI Group. At the conclusion of the interviews, together with an analysis of the proposals submitted, the staff team determined that the consulting team led by the IBI Group was the one most qualified to assist in the preparation of the General Plan Circulation Element update. The IBI Group's team of subconsultants includes Alta Planning, The Planning Center/ DC &E, and Cornerstone Communications. 25A -1 Contract for Planning and Environmental Services for General Plan Circulation Element Update AUGUST 249 2011 Page 2 Based on the need to comply with State law to update of the General Plan Circulation Element with complete streets policies in conjunction with the fixed guideway approvals, as well as the consultants' qualifications and experience in preparing General Plan and transportation strategies in mature urban settings, it is recommended that the IBI Group be awarded the contract for this project. The total contract amount for the preparation of the Circulation Element and environmental documentation will not exceed $500,000, which includes a $25,000 contingency. FISCAL IMPACT Funds in the amount of $500,000 are available in the Traffic Congestion Relief HUT 2013 fund (accounting unit 05917663- 66220). The total contract amount will not exceed $500,000. 79�" Joyjkl. Trevino E ecutive Director Planning and Building Agency Raul Godmez II Executive Director Public Works Agency MM:rb Circulation Element/RFP /CE Contract RFCA 8.15.11cc Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A -2 c. w� Francisco Gutierrez Executive Director Finance & Management Services Agency 25A -2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2011 by and between IBI Group, a California corporation ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of circulation element updates and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide professional services pertaining to planning and environmental services to prepare the General Plan Circulation Element update. The scope of services (including estimated fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with the City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25A -3 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $500,000 during the term of this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. MENEWT0311311 This Agreement shall commence on the date first written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B 2 25A-4 upon execution of this Agreement and shall be approved in form by the City Attorney. b. Automobile Insurance. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional Liability Insurance. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to. indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is 25A -5 due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973 -1461 4 1 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant:I131 Group David Chow, PE AICP 18401 Von Karman Avenue, Suite 110 Irvine, California 92612 telefacsimile (949) 833 -5511 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, 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. 5 25A -7 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: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify, City fully, including reasonable costs and attorney's 6 'i fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney C Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager IBI GROUP David Chow, P.E. AICP Director David Thom Managing Director 7 EXHIBIT A SCOPE OF SERVICES (Attached) 25A -10 TASK 1: PROJECT MANAGEMENT AND MEETINGS Objective: To provide overall project management, coordination, and supervision of project staff and to facilitate the performance of the work in accordance with the scope and requirements of the City of Santa Ana. Key Issues: Completion of the Circulation Element update within a 16 month timeframe will require diligent and focused project management to organize the technical work, agency coordination, and community outreach efforts. We will work hand in hand with City of Santa Ana to achieve the project objectives within the desired timeframe. Approach: Our management approach for the project is centered on regular contact between the IBI project manager and the city's project manager to discuss and review the project process, deliverables, and major meetings. The primary elements of the management task are discussed in the subtasks below. TASK 1.1 GENERAL PROJECT MANAGEMENT IBI Group is the prime consultant for this assignment and will be responsible for the day -to -day management of the project, as well as review and oversight of all deliverables. Within two weeks of receiving Notice to Proceed, we will schedule a Project Kick -Off Meeting with city staff. This meeting will provide a forum for introducing the entire project team and agency contacts, reviewing project assignments, establishing lines of communication and procedures /protocol, reviewing project scope and approach, presenting and discussing project issues, reviewing schedule and discussing critical path items. We propose to then conduct monthly project management meetings with the consultant team and Santa Ana through the duration of the project. TASK 1.2 PROJECT SCHEDULE AND TRACKING The foundation of a well -run project is the schedule. IBI will oversee the project schedule on two levels: (1) management level and (2) control level. IBI will work with 25A -11 Santa Ana to develop a schedule in Microsoft Project that will serve as the primary management reporting vehicle for project progress, and the coordination between the technical work efforts, the environmental review, and the community outreach efforts. After the baseline schedule is established, the schedule will be updated on a monthly basis to assess progress. TASK 1.3 PROJECT PROGRESS REPORTING Reporting of cost and progress information must be timely, accurate, and easy to understand. 1131 will prepare and submit status reports on a monthly basis. The report format will be customized for Santa Ana based upon Input at the kick -off meeting. Typical monthly reports will consist of the following: • Tasks accomplished during the work period • Status of major milestones • Percent of budget expended by task • IBI, subconsultant, and Santa Ana action items • Analysis of the critical path • Current schedule of completion dates TASK 1.4 MEETINGS WITH CITY STAFF, HEARINGS, AND COMMUNITY MEETINGS Stakeholder coordination and coordination with the advisory and policy bodies for the City of Santa Ana will be an integral part of the project, along with community acceptance of the project proposals. 1131 Group has budgeted for attendance at the following meetings: • Kick -off meeting and monthly progress meetings (%) • Complete Streets coalition and community workshops (5) • Planning Commission study sessions and hearings (4) • City Council study sessions and hearings (3) • ETAC study sessions, additional Board /Committee /Commission meetings (4) • Meetings with OCTA and Caltrans (4) 131 will be responsible for incorporating these meetings into the overall project schedule, timely distribution of agendas, and the preparation and distribution of meeting notes and action items from each meeting. Pi 25A -12 TASK 2: DATA COLLECTION Key Issues: Coordination with other projects, plans and traffic studies will require information from a wide range of sources. It will also be crucial to communicate with OCTA staff to verify OCTAM inputs and ensure timely delivery of forecast model data. Approach: The following information will be gathered as part of the data collection task: • Roadway segment and intersection counts • Pedestrian and bicycle volumes • Roadway segment and intersection lane configuration • Intersection traffic control and signal phasing • Transit, Land use and demographic data • OCTAM data and forecasts • Related project information IBI Group will create an inventory of the existing configuration of up to 20 study roadway segments and 30 study intersections through a combination of field reviews, existing documents and internet research. Items of note include numbers and average widths of vehicular travel lanes, bike lanes, sidewalks, parkways, medians and center turn lanes. Existing transit data will include bus routes, bus stop locations, headways, and Metrolink and Amtrak schedules. Once local schools are back in session, new study count data (vehicular, bicycle and pedestrian volumes) will be collected during a non - holiday week in fair weather. A data request memo will be prepared to identify information that may be obtained from the City of Santa Ana, the Orange County Transportation Authority (OCTA) and other sources such as signal timing sheets, land use and demographic data, OCTAM data and forecasts. Information will also be requested on the following projects: • Santa Ana Signal Master Plan • Quiet zone locations • The Fixed Guideway Project • Grade separation projects (Santa Ana Boulevard, Grand Avenue, 97th Street 3 25A -13 and Lincoln Avenue) Widening projects (Bristol Street, Grand Avenue) Harbor Mixed Use Transit Corridor Plan TASK 3: PUBLIC OUTREACH Objective: To create and implement a comprehensive Public Outreach Program that involves the community in the process of developing a Complete Streets vision for Santa Ana through the application of creative strategies and ideas. Key Issues: The public involvement process is a critical component of the overall process to develop the Circulation Element and ensure that the goals and policies reflect the interests and desires of the community. The diversity of Santa Ana's population makes an effective and creative public outreach program both critical and challenging for this project. The IBI team will employ a variety of strategies, building on the National Complete Streets Coalition Workshop and the project website as a starting point for the outreach effort. Approach: The Public Outreach Program will begin with the establishment of the outreach baseline, including key contacts, a database of interested stakeholders and community members, and the development of an action plan for the outreach process. Coordination with the ongoing Fixed Guideway and Harbor Boulevard outreach efforts will be essential. Both projects provide the opportunity for the Circulation Element to build on complete street and multi -modal transportation concepts that will be communicated to the public through these forums. The project team's direct involvement in the Harbor Boulevard outreach process will be invaluable and provide us with a head start on the Circulation Element outreach effort. The primary elements of the menu of options for the Public Outreach Program will include the following: Community Workshops — Community workshops (up to 4) would held at strategic Intervals during the project schedule to solicit input from the community early in the project process and then receive more detailed feedback as the development of the Circulation Element, the Complete Streets vision, and the goals and policies are more advanced. 4 25A -14 • A two -day National Complete Streets Coalition Workshop — This will be a highly interactive workshop involving the full consultant project team collaborating with key stakeholders and community members. This workshop will provide hands -on exercises to allow participants to better understand and appreciate the importance of this project to the City of Santa Ana, and to balance the needs of all users and develop and implement effective policies. • Project Website and Social Media — The IBI team will help create a dynamic website and additional social media tools (i.e. blog, Twitter, Facebook) to share information and allow residents an opportunity to engage in the public planning process. • Strategic Communications — The public outreach team will provide strategic communications assistance to the planning team (both consultant and city) for duration of project. • Collateral Materials — The IBl team will be responsible for providing collateral materials for the workshops, project fact sheets, and meeting notices in English, Spanish and Vietnamese as needed, as well as translators for community workshops. Our approach to the outreach process will be to engage the greatest number of city residents as possible. This will require creativity in the workshops. Concepts we would like to discuss further with the city include conducting a workshop as a "field walk" within a particular roadway corridor in the city. This workshop would allow participants to rate elements of the streetscape and street cross section and identify the types of improvements that they would like to see. We recognize the need to move beyond the typical evening public outreach meeting within a school or community center, detached from the project location and the reality of the project setting. Our interactive process seeks to achieve this objective and engage the community to provide feedback on the right solutions for Santa Ana. TASK 4: EVALUATION OF MASTER PLAN OF STREETS AND HIGHWAYS Objective: To update the Santa Ana Master Plan of Streets and Highways (MPSH) to reflect current goals and policies, and ensure that the plan is consistent with related documents and other elements of the General Plan. 5 25A -15 Key Issues: Incorporation of Complete Streets concepts and revisions to exhibits to reflect the Fixed Guideway project, the Santa Ana Signal Master Plan, quiet zones and other pertinent projects. Approach: IBI Group will review the current Santa Ana Master Plan of Streets and Highways (MPSH), and compare it to the OCTA Master Plan of Arterial Highways (MPAH) and the California Road System (CRS) for consistency. Recommendations for refinements to the MPSH will be based on coordination with these documents, current and approved roadway, intersection and transit projects, updated goals and policies that reflect Complete Streets legislation, and the results of the traffic analysis prepared as part of this task. The Circulation Element Technical Report will include an analysis of up to 20 roadway segments and 30 intersections within the City of Santa Ana and will be conducted using methodologies consistent with City of Santa Ana General Guidelines, and CEQA Guidelines. Analysis scenarios will include the existing condition, a baseline buildout (2035) condition and up to three buildout alternatives. OCTAM will be used to forecast link traffic volumes for the buildout scenarios. The link volumes will be post - processed into intersection turning movement volumes using an Excel -based tool developed in house that utilizes the methodology presented in the TRB NCHRP Report 255. IBI has worked extensively with OCTAM on local projects including the OCTA Long Range Transportation Plan (2010 LRTP), the Central County Major Investment Study (MIS) and the South County MIS. The evaluation of the MPSH will identify possible reclassification or modification of streets, and potential refinements to the transportation system to support the buildout condition. This will include the integration of complete streets elements such as enhanced pedestrian and bicycle facilities. TASK 5: BICYCLE AND PEDESTRIAN MASTER PLAN Objective: To develop Bicycle and Pedestrian Master Plans that address the needs of walkers and cyclists of all ages, abilities, skills, and confidence levels, while providing a menu of innovative and economically feasible projects and recommendations matched to specific funding opportunities. 25A -16 Key Issues: The development of bicycle and pedestrian plans cannot be distilled into a "one size fits all" approach, but rather, the process is based upon our understanding of the City of Santa Ana's needs, and our experience with successfully completing other bicycle /pedestrian master plans concurrent with Circulation Element Updates. Approach: Becoming a truly pedestrian- and bicycle - friendly community requires a multi- faceted approach, including strategies beyond traditional engineering and infrastructure projects. We strongly believe that Santa Ana could greatly benefit from a well - balanced non - motorized improvement plan, and will provide strategies to address education, encouragement, enforcement, and evaluation. The development of the Bicycle and Pedestrian Master Plans will begin with a field review of the City to tour existing routes by bicycle and foot with stakeholders, including City Staff, advocacy groups, or the community. Field investigations will be documented using field notes, taking field measurements, and using digital photography. This will help evaluate the setting and land use patterns in Santa Ana, identify system opportunities and constraints, and record site - specific information such as level of use, facility condition, and key gaps or obstacles. The IBI team will prepare GIS basemaps depicting Santa Ana's existing bikeway and walkway systems. The adequacy of existing facilities will be evaluated based on the following criteria: • Safety • Connectivity • Completeness of network • Accessibility • Convenience • Ability to serve the needs of different types users The IBI team will develop specific projections on existing and future daily bicycle and pedestrian trips for use in air quality and SAFETEA -t-U funding applications, based on Alta's Bicycle and Pedestrian Demand Model methodology, which has been accepted throughout the country and is being used by FHWA. The IBI team will also evaluate bicycle and pedestrian safety in two ways: (9) reviewing representative existing bicycle education programs being offered in Santa Ana and surrounding areas, and comparing these with other programs throughout the state and country, and (2) reviewing available bicycle /pedestrian crash data. The recommended system will be based on a comprehensive review and analysis of 7 25A -17 available infrastructure data provided by City staff (e.g., traffic speeds, curb -to -curb widths, etc.), and will take into account issues such as grades, directness of route, barriers, and system connectivity. This network will include a variety of bikeways, sidewalk improvement projects, and other bicycle /pedestrian capital improvement projects (e.g., traffic calming, bicycle parking, etc.). The network will also incorporate previously proposed and planned facilities. The consultant team will develop a "Best Practices — 4 EV report identifying potential changes to improve bicycle and pedestrian education, encouragement, enforcement, evaluation, and public outreach efforts. These recommendations will be based both on results of the previous tasks that identified problem areas plus experience gained in other communities. Recommendations and priority projects will be compiled into an Implementation Plan based on the evaluation outcome combined with (a) funding availability and requirements, (b) other programmed transportation improvements, (c) eliminating an immediate bottleneck or safety hazard, and (d) ensuring that the system grows rationally rather than as a series of disconnected pieces over time. The 1BI team will identify potential matching and major funding sources for these projects, and their associated criteria and requirements. Costs of the phased improvements will be compared with funding needs, so that long term programming for local matching funds can be accomplished. The Santa Ana Bicycle and Pedestrian Master Plan will include the review of existing plans and legislation, existing conditions inventory and assessment, user needs assessment, recommended walkway and bikeway network, project development and prioritization, cost opinions, and implementation plan. TASK 6: TRANSIT AND RAIL SERVICES Objective: To incorporate planned rail and transit improvements, including the Fixed Guideway, bus rapid transit, railroad quiet zones, and grade separation projects into the Circulation Element and appropriately account for the benefits and impacts of these projects on the mobility of residents within the city. Key Issues: There are several related transit project planning and design efforts underway within Santa Ana that together would dramatically increase travel choices and W "'W:� mobility for residents beyond that offered by existing transit services. Our team has a keen understanding of these projects and their potential impacts and benefits on mobility within the city. We will apply this understanding in the analysis and work with the city to identify additional projects, policies, and goals that can be identified and incorporated into the Circulation Element to further promote transit services. Approach: A well - defined and well- developed transit system is an essential part of providing any community with access to the greatest range of transportation modes and choices. Within Santa Ana, the provision of transit services is even more important given the transit - dependency of a substantial portion of the city's residents and the pressures that the city faces from regional traffic generated in neighboring cities that is either destined for Santa Ana or passes through Santa Ana due to its central location within the county. The development of goals and policies related to transit services will build on the work that the city has already undertaken or completed as part of the Santa Ana Transit Vision project, the Fixed Guideway project, and the SARTC Master Plan. The objective of the planning process and policy development effort will be the definition of an integrated and coordinated menu of transit services within the city that will serve the city's residents and provide a viable transportation resource for travel throughout the city and to and from adjacent jurisdictions. TASK 7: DEVELOP GOALS AND POLICIES Objective: To communicate and document the policies and goals of the General Plan Circulation Element. Key Issues: With the previous update of the circulation element occurring more than 10 years ago, the policies and goals should receive a substantial amount of attention to ensure that they appropriately reflect the city's current goals, and incorporate the requirements and guidelines placed on the city by regional and state mandates, including Measure M2, the Complete Streets Act, and Senate Bill 375. Approach: The IBI team understands the importance of this task and its role as a point of emphasis in both the technical work and community outreach work. Our approach to the development of the Circulation Element goals and policies will E 25A -19 be based on the following inputs and guiding principles: Reflect the Input and Values of the Community: The input and feedback received through the community outreach effort must be reflected in the policies identified for the Circulation Element. We see a benefit in "testing" specific draft policies and goals with the community through the outreach process, both in workshops /community meetings and through the project website. This process will allow the community to provide direct feedback on the policies, playing an active role in the development of the policies. Provide the City with a Roadmap for Creating a Safe and Efficient Multi - Modal Transportation Network. Address and Satisfy the Requirements of Regional and State Mandates and Programs: The City of Santa Ana must comply with the requirements of the OCTA MPAH and Measure M2 to ensure that the city remains eligible for transportation funding. The City must also appropriately address the requirements placed on all jurisdictions in Catifornia through the Complete Streets Act and SIB 375, which require planning for and accommodating all transportation modes, while reducing GHG emissions and VMT. Complicating these efforts is the fact that State mandates have very different goals and objectives from regional requirements dictated by OCTA through the MPAH and Measure M2. The goals and policies must carefully balance these sometime conflicting requirements to ensure that the City remains in compliance with all regional and state mandates. IBI's recent work with OCTA in preparing the 2010 Long Range Transportation Plan will be very valuable in this effort. • i=nsure Consistency with other General Plan Elements. We anticipate that the goals and policies with be reviewed, refined, and vetted through a defined process that will include review by city staff and review by the Planning Commission, Environmental Transportation Committee and City Council through study sessions identified in the RFP. The IBI team will lead the preparation of clear and concise presentations for these meetings and associated review efforts to facilitate an efficient review process and appropriate tracking of comments received, revisions made to the goals and policies, and final presentation of the goals and policies for adoption. 10 25A -20 TASK 8: PREPARE CEQA DOCUMENTATION Objective: To identify and prepare the environmental document in order to environmentally clear the Circulation Element update, consistent with CEQA requirements. Key Issues: finder CEQA, the proposed Circulation Element update will be eligible for processing with a Mitigated Negative Declaration (MND) if there are no significant, unavoidable impacts associated with the project. If there are significant impacts, the project will require an Environmental Impact Report (EIR). Approach: At this time, we believe the Circulation Element update will likely be eligible for processing as an MND, but there is a possibility for one or more significant impacts, and therefore an EIR could ultimately be required. We have proposed a framework to make this determination early in the process and coordinate with the City to proceed with the most appropriate, defensible documentation. For this proposal, we have provided a detailed schedule and scope of work for both an MND and an EIR for the City's planning purposes. The environmental approach is based on the following considerations: • Opportunity to provide programmatic overview of City and area -wide circulation and impacts. • Assure consistency between environmental documents. • Maximize use of available documentation. • Early public outreach to include environmental scoping. • Early Caltrans scoping opportunity. • Highlighting the beneficial environmental impacts of the Circulation Element and related activities. Although we do not anticipate significant, unavoidable impacts, it is possible that there could be significant traffic impacts, particularly with respect to potential conflicts with an .applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system" could occur if right -of -ways are narrowed, etc., to accommodate objectives to reduce vehicle trips and optimize mass transit. The MND or EIR will address all the technical topics included in the Appendix G Checklist, including: geology and soils, water quality, hazards and hazardous materials. 11 25A -21 The following technical studies will also be completed: Traffic • Air Quality /GHG • Noise • Cultural Resources Hydrology, Water and Sewer Systems, and Utilities The air quality and greenhouse gas (GHG) emissions analysis will evaluate potential citywide emission reductions from implementation of policies and circulation improvements. The analysis will be based on an estimate of future VMT provided by the traffic analysis with and without the proposed project and compared to existing condition. Since it is anticipated that air quality and GHG emissions will benefit by the implementation of the City's updated Circulation Element, no significant long -term impacts are anticipated. The noise analysis will address changes in the ambient noise from existing conditions and at the horizon year with and without implementation of the updated Circulation Element. Increases in traffic noise levels will be modeled using the FHA Highway Prediction Noise Model. Because implementation of the project would not generate trips, no significant impacts are anticipated. This proposal assumes that tribal consultations for the General Plan update in accordance with SB 18 will be conducted by the City. All CEQA notices will be forwarded to the Native American Heritage Commission (NAHC) and The Planning Center will assist with the consultation on a time and materials basis if requested by the City. TASK 9: PREPARE UPDATED CIRCULATION ELEMENT Objective: To prepare an updated Circulation Element ready to be integrated into the General Plan, with policies, goals, and objectives that reflect the requirements of the Complete Streets Act and the ideas and projects identified in the circulation, transit, bicycle and pedestrian planning efforts completed in this project. Key Issues: The final Circulation Element must appropriately reflect the technical work efforts, planning process, community outreach efforts, and policy development 12 25A -22 that will have occurred during the project program. The document must clearly communicate the policies and goals of the city related to transportation and the content (text and visuals) must be appealing to all readers (technical and non- technical). Approach: IBI Group will prepare an administrative draft Circulation Element in accordance with the requirements of the RFP. We have accounted for up to three review cycles along with a public review period following the finalization of the administrative draft document. Once public comments have been received, we will strategize with the city on how to best address these comments, incorporate the appropriate revisions, and prepare the final version of the Circulation Element. Deliverables: • Administrative Draft Circulation Element with Technical Reports (10 copies, up to three review cycles) • Final Draft Circulation Element (10 copies, for public review) • Final Circulation Element (10 copies) • Administrative Draft Circulation Element Environmental Document (10 copies, up to three review cycles) • Final Draft Circulation Element Environmental Document (10 copies, for public review) • Final Circulation Element Environmental Document (10 copies) • Electronic files of the deliverables above (PDF and editable format) 1.3 25A -23 u a iE e e i d�a �o h an3 a � 3 3 » R »R6 HO s Y� A o�m» ° $4ineg� HH!EA AS�U , ; aX� o 0 GG °e a 3� 25A -24 MINI Iffififfiffifil'I'll 811111 NO lill nll� 11161111 IIIII IN IN II iii d n Doi III I 1 19 IIIIIIII I 10 11 I IN 0 1 e0 111 Him UP Q 11 111 I IN Iffiffil i a � 3 3 » R »R6 HO s Y� A o�m» ° $4ineg� HH!EA AS�U , ; aX� o 0 GG °e a 3� 25A -24 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy 4 _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 25A -25 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2011 by and between THE PLANNING CENTER, a California corporation ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of park analysis and professional environmental reports and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide professional environmental services, including the preparation of a Recreation Value Report that will assess the Orange- McFadden Park site, research program needs, options and opportunities for the site, prepare alternative concept plans and cost estimates to determine recreational opportunities, and prepare environmental documents for the site. The scope of services (including estimated fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with the City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 25A -26 COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $101,640.00 during the term of this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultanf shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed 2 25A -27 additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willfiil misconduct, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any 3 claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 4 25A -29 telefacsimile (714) 973 -1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant:The Planning Center Dwayne Mears, AICP Principal 1580 Metro Drive Costa Mesa, CA 92626 telephone (714) 966 -9220 telefacsimile (714) 966 -9221 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any patty, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shalt 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. 6 25A -31 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager THE PLANNING CENTER DWAYNE MEARS Principal 7 25A -32 EHIBIT A SCOPE OF SERVICES (Attached) 25A -33 Understanding f the Project The City of Santa Ana leased approximately 2.6 acres within Centennial Park to the Rancho Santiago Community College District (RSCCD) for the purpose of building and operating a Career Education Center consistent with the park deed restrictions. The original 30 -year agreement expired, and because RSCCD did not fully satisfy its duties under the agreement, the National Park Service agreed to extend the agreement for only five years. NPS has indicated that RSCCD must either move from Centennial Park or provide replacement parkland of equal recreational value. The City Is seeking the assistance of a consulting firm to prepare a recreational value report, a soils analysis for the replacement park site, and an environmental assessment. The City is separately contracting with others to perform an appraisal of the replacement property and a legal description /title search. Scope of Services RECREATION VALUE REPORT In this task, The Planning Center ( DC &E will prepare a Recreation Value Report that will assess the McFadden and Orange Site (park site), research program needs, options and opportunities for the site compared the Centennial Park site, and prepare alternative concept plans and cost estimates to determine recreational opportunities. Site Visit The Planning Center I DC &E will initiate the recreation analysis with a Joint meeting at the proposed park site and Centennial Park site including City and Community College District staff (City /District staff. The goal of the site visit will be to ensure design issues and constraints are understood prior to preparing alternative concepts. The Planning Center I DC& team will be able to discuss possible program elements and approaches with City /District staff while on -site. City staff will provide information on the development of the proposed park site, referred to as Pacific Electric Park on the City's website, including any public participation and design discussions. Preliminary Consultation with National Park Service The Planning Center J DC &E will have a preliminary conversation with the National Park Service (NPS) to discuss the project and confirm assessment needs for their review. Should additional analysis or documentation be needed beyond what has been scoped, The Planning Center ( DC &E will discuss these changes with City /District Staff. Base Map The Planning Center I DC &E will prepare a site base map for the proposed site and Centennial Park using aerial photos and available record drawings for the sites and surrounding existing infrastructure and perform a site investigation to determine the existing conditions including drainage patterns, the location of existing utilities, and other site elements. The AutoCAD compatible base maps of the sites will be used for preliminary site analysis and development of alternative concepts. Site Analysis Memorandum The Planning Center ; DC &E will prepare a site analysis memorandurn to docurnent opportunities and constraints at both the proposed park site and at Centennial Park. Using existing documents provided by staff, including Infrastructure and utility data, and data gathered from the site visit as a starting point, The Planning THE PLANNING CEMERIDC &E I PROPOSAL: RECREATIONAL ANALYSIS.,POTENTIAL NEGATIVE DECLARATION FOR MCFADDENIORANGE PARK SITE 7 25A -34 Center ( DC &E will identify issues relative to both sites including safety, utility points of connection, drainage patterns and infrastructure. The merorandum will include a diagram that will Identify circulation patterns, adjacent properties, existing vegetation, views to and from the site, and locations for potential buildings. The memorandum will be submitted to City /District staff for review and comment. Program Analysis The Planning Center ) DC &E will utilize the City of Santa Ana General Plan and the Youth & Family Master Plan Assessment Phase I as base documents to assess the recreational needs In the community. The team will gather and review the most current population data from US Census, SCAG, the City Planning Department, and State Finance Department to identify changing demographic trends that will impact local park and recreation planning. Additionally, the team will research recreation patterns and trend information through resources such as American Demographics, Institute of the Future, CPRS, NRPA, the State of California Park and Recreation Department Needs Survey (2008), the CPRS Action Plan, Outdoor Industry Association Surveys, California Arts Council and others to identify changing recreation patterns that are pertinent to program development for the park site. City staff will provide survey results from the 2010 OCCCO Park Planning Committee Future Pacific Electric Park Site Survey along with other data and information associated to date with the planning for the Pacific Electric Park Site. Alternative Concepts The Planning Center I DC &E will produce up to three alternative concepts for Centennial Park based on the site analysis, program research and discussions with City /District staff. The Planning Center ( DC &E will produce up to two alternative concepts for the proposed site based on the site analysis, program research and discussions with City /District staff, the conceptual plan for Pacific Electric Park will be the third alternative. The alternatives will identify which program elements determined in an earlier task can be accommodated at the park site. Preliminarily, it is anticipated that these alternatives may include, but not be limited to: • Paths and neighborhood connections • Benches and seating • Restroom • Shaded or covered areas • Picnic and barbeque sites • Tot and school -aged play areas • Informal turf areas • Fencing • Amphitheater • Interpretive signage • Exercise stations • Plantings • Shade structures • Play fields, space permitting —baseball, softball, soccer, multi -use • Basketball, tennis, bocce, horseshoes or other play courts • Water play areas • Community gardens PLANNING IS THINKING AND DOING S01MET RING ABOUT THE FUTURE NOAV. LET'S COLLABORATE. 25A -35 Preliminary cost estimates will be developed for each concept in order to assist in evaluating the park sites. The Planning Center I DC &E will present the alternatives and discuss the site and program analysis at a joint meeting of City Staff to clarify direction In moving forward with the Draft Report. Draft Report The Planning Center I DC &E will prepare a draft Recreation Value Report, incorporating the research, site opportunities and constraints, alterative concepts and cost estimates. The report will include a comparative analysis of recreational needs within the Centennial Park and McFadden /Orange communities and the potential for accommodating those needs at each site. City Staff Review The draft Recreational Value Report will be submitted to City /District Staff for review and comment. The City and District will provide a consolidated list of review comments to The Planning Center I DC &E to incorporate into the Final Report. Any conflicting comments between the City's and District's consolidated comments will be brought to both parties attention for resolution prior to creation of the Final Report, Final Report Based on City /District staff comments, The Planning Center I DC &E will create the final Recreation Value Report, incorporating staff comments for the City and District to provide to NPS for review and assessment of equal recreational value. Optional Task: Community Meeting There has already been public participation in the development of the proposed park site, referred to as Pacific Electric Park, including a survey, conceptual plans and preliminary phased improvements. Depending on City staff review comments to the Alternative Concepts and NPS review, additional public meetings may be necessary to discuss the changes with the community. The Planning Center I DC &E can facilitate these meetings and is available to discuss additional scope and budget should this be necessary. ENVIRONMENTAL REVIEW CEQA The McFadden - Orange site Is vacant and zoned for residential use. The proposed park would trigger the need for a General Plan Amendment and rezoning. Based on our understanding of the project and our experience with similar projects, we believe that the project will not require a full EIR, but can be cleared through a (Mitigated) Negative Declaration. We will prepare the various studies in an objective manner and work with City staff and consultant team whenever project changes or mitigation measures are necessary to reduce Impacts to a less than significant level. If any Impacts remain significant despite best efforts at finding solutions, an EIR would be required, resulting in a change to this scope. NEPA We believe NPS approval will trigger the need to prepare an Environmental Assessment under the requirements of NEPA. The EA will be based largely on the results of the MND, but will include additional NEPA sections and will follow the checklist from the Environmental Screening Form in Appendix 1 of the National Park Service Director's Order (DO) 12 Handbook, Handbook for Environmental Impact Analysis. (!Vote: The Planning Centerl DC &E prepared the Centennial Park/Godlnezloint Use Project EA for the NPS). THE PLANNING CENTERIDC &E I PROPOSAL: RECREATIONAL ANAL YSIS;POTENTIAL NEGATIVE DECLARATION FOR MCFADDEN /ORANGE PARK SITE 9 J__� 5 11, Initial Study /MND The Planning CenterIDC &E will prepare an Initial Study containing a description of the project and environmental setting, identification of responsible and trustee agencies, a checklist of impacts, a review of each topic, and appropriate mitigation measures. Mitigated Negative Declaration The Initial Study will be attached to the Mitigated Negative Declaration (MND). As required in CEQA Guidelines Section 15071, the MND will contain a brief description of the project, the applicant's name, the location of the project site, the proposed finding of no significant impacts, and a list of mitigation measures. Notice of Intent to Adopt. The Planning CenterIDC &E will prepare a Notice of Intent to Adopt the MND. Document Printing and Circulation. The firm will print copies and be responsible for distributing the MND. The creation of a mailing list of adjacent residents and property owners Is not included in this scope, but can be added If requested. (Such a mailing is not required by CEQA.) Document Revisions, Following the close of the public review period, responses will be prepared and, if appropriate, the MND may be revised. For budgeting purposes, a maximum number of hours Is assumed for preparation of responses to comments. Additional effort would require a modification of this scope and fee. Mitigation Monitoring Program. A Mitigation Monitoring Program will be prepared for the MND. ENVIRONMENTAL ANALYSIS Aesthetics Although precise park/recreation improvements are unknown at this time, it can be assumed that the site might include turf, landscaping, playfields, backstops /goals, picnic tables, shade structures, restroom building, community building and similar features. Based on the conclusions of the recreational analysis, the anticipated improvements will be evaluated for their visual impact on nearby residences and along the adjacent roadway. Given the McFadden /Orange site's relative small size and location adjacent to a residential neighborhood, It is assumed that park improvement would not include lighting for nighttime use. Traffic and Parking An analysis will be conducted to determine the impacts of potential park improvements on traffic and parking conditions in the vicinity of the project site. The streets providing access to the site will be inventoried with regard to such physical characteristics as number of lanes, types of traffic control devices, sidewalk locations, and driveway locations. Traffic conditions will then be evaluated based on existing and projected future peak hour traffic volumes and Intersection levels of service. Traffic volume data will be collected from the City of Santa Ana, if available. Where needed, new traffic counts will be taken at the streets and intersections in the project vicinity to update and supplement the available data. Up to eight intersections in the project area will be studied. Staff at the City of Santa Ana will be consulted to Identify the intersections that will be evaluated. The future baseline traffic volumes will be forecast by considering the effects of general area -wide growth and the cumulative volumes of traffic that would be generated by other proposed development projects in the area. The impacts of the proposed project will be determined by estimating the levels of traffic resulting from the activities at the park and then conducting a before- and -after analysis of traffic conditions on the streets and intersections In the site vicinity (i.e., traffic conditions with and without the proposed project). The volume of traffic that would be generated by the park will be based on the trip generation rates from the Institute of Transportation Engineers' Trip Generation manual. The traffic analysis will address the project's impacts during 10 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 25A -37 the afternoon peak period on a typical weekday and on a weekend day. The analysis will also address the anticipated parking impacts of the proposed project. Potential measures for mitigating the adverse traffic and parking impacts (if any) will be identified in consultation with the City of Santa Ana. The analysis methodology, assumptions, and findings will be summarized in report sections suitable for insertion into the environmental document. Air Quality Potential air quality Impacts associated with construction and operation of the project will be analyzed in the FIR. The analysis will be based on the South Coast Air Quality Management District's (SCAQMD) methodology for projects in the South Coast Air Basin (SoCAB). Air pollutant emissions will be quantified using the CaIEEMod computer model for both the construction and operational phases. Construction modeling will be based on construction phasing, the construction schedule, and anticipated equipment for each type of construction activity. Air pollutant emissions will be compared to SCAQMD's regional thresholds of significance to determine the significance of project - related construction emissions due to the expansion of the stadium and reconfiguration of the athletic field. Onsite localized project- related emissions associated with vehicle exhaust and dust generated during the construction phase will also be evaluated against SCAQMD's screening -level localized significance thresholds (LSTs) for projects under five acres to determine whether sensitive residential uses along local roadways would be exposed to air pollution that exceeds the ambient air quality standards (AAQS). Project- related emissions will also be evaluated relative to consistency with the air quality management plan. Greenhouse Gas Emissions The FIR will quantify greenhouse gas (GHG) emissions for area sources, energy (purchased energy, energy from water transport, use, and treatment), waste disposal, and transportation emissions sources generated by the project. The potential effects of GHG emissions, history of GHG emissions regulation In California, and project - related GHG emissions will be discussed. Project consistency with the CARB Scoping Plan's statewide GHG emissions reduction strategies will also be reviewed. Noise and Vibration The environmental document will evaluate potential impacts resulting from the construction and operation of the park improvements as suggested in recreational analysis. The noise analyses will be consistent with the noise compatibility standards of the City of Santa Ana. The short -term construction analyses will focus on potential noise and vibration impacts on sensitive land uses such as the onsite school classrooms and local residential uses. Based on the anticipated construction schedule and equipment list, construction - related noise and vibration levels will be calculated for the project using published data from the US Environmental Protection Agency and Federal Transit Administration. The noise analyses will evaluate the potential for project- related traffic and stationary sources to substantially elevate the ambient noise environment. Hazards and Hazardous Materials /Phase I Environmental Assessment The Phase I will be conducted in accordance with the American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments, ASTM E 1527 -05 (ASTM 1527 -05). The goal of an ASTM Phase I is to evaluate site history, existing observable conditions, current site use, and current and former uses of surrounding properties to identify the potential presence of "Recognized Environmental Conditions (RECs)" associated with the site. Recognized Environmental Conditions are defined in ASTM E 1527 -05 as "the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water at the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk THE PLANNING CENTERIDC &E I PROPOSAL: RECREATIONAL ANALYSIS /POTENTIAL NEGATIVE DECLARATION FOR MCFADDEN /ORANGE P, %K SITE 11 1907 of harm to public health or the environment and that generally would not be the subject of an enforcement action If brought to the attention of appropriate governmental agencies." The Phase I scope of work described below has been developed to be consistent with the ASTM E 1527 -5 Standard, based on our current understanding of the site. The Phase I consists of three primary tasks that include both ASTM- required and discretionary activities: Records Review; Site Reconnaissance and Interviews; and Report Preparation. The scope of work specific to this project is described below. Records Review The Planning CenterlDC &E will assemble and review readily available information on site history and usage as it relates to the presence of hazardous substances and petroleum products that would constitute RECs on the site. The ASTM standard lists mandatory and discretionary records for review. We will review information from the mandatory databases within the ASTM- specified search radii. The mandatory databases include: NPL, CERCLIS, CERCLiS NFRAP, ERNS, RCRA non- CORRACfS TSD, RCRA CORRACTS TSD, RCRA Generators, State Hazardous Waste Sites, State Landfills and Solid Waste Disposal Sites, Registered Underground Storage Tanks (USTs), and Leaking USTs. We intend to use an electronic database service to provide a report summarizing information from the required records, and will rely on the database service to conform to ASTM requirements for currency of the information. Should the database search report identify listed sites with the potential to impact the subject site, The Planning Center]DC &E may review the federal or state files pertaining to the listed sites, as reasonably ascertainable and practically reviewable. The budget presented below does not include costs for review of files by more than one agency. A 7.5- minute US Geological Survey topographic map will be used to evaluate the physical setting in the site area and will be supplemented by discretionary review of readily available Information concerning surface topography, surface water, soil, bedrock, and groundwater conditions on and in the vicinity of the project site. Historical and current aerial photographs of the properties and surrounding area will be compiled through a photograph collection search. These photographs will be reviewed by The Planning CenterJDC &E for the following information: past land uses, development of the site and surrounding area, potential sources of environmental contamination or evidence of spills, and other Items of environmental concern. Site Reconnaissance and Interviews The Planning CenterlDC &E will visit the site and view interior and exterior conditions to assess the nature and type of activities that have been conducted at the site with respect to potential RECs. The Planning CenterlDC &E will observe and document visible evidence of current and past usage of the property, particularly related to potential filling, previous structures, sewage disposal systems, hazardous substances, petroleum products, storage tanks, and evidence of spills or releases of hazardous substances or petroleum products. We understand that you will make all areas of the site accessible to our representative(s) for the site visit. For budgeting purposes, we have assumed that all areas of the site will be made accessible and will be seen in one site visit. Our observations and conclusions related to the site reconnaissance may be limited by prevailing weather conditions or other site conditions at the time of our site visit. Our report will include a discussion of factors limiting our site reconnaissance, if applicable. If knowledgeable persons are identified and can be interviewed, interviews will be conducted. The ASTM Standard requires that interviews be performed with a "Key Site Manager" and with representatives of building occupants. In accordance with ASTM, a reasonable attempt will be made to interview a representative of each occupant If the building has five or fewer occupants. If the building contains more than five occupants, a reasonable attempt will be made to interview those major occupants, as defined by ASTM, and those occupants whose operations could indicate RECs in connection with the property. We request that the current owner(s) or representative(s) be notified of our visit and asked to participate in an interview regarding site usage and history. 12 PLANNING IS THINKING AND GOING SOMETHING ABOUT THE FUTURE NOVI. LET'S COLLABORATE Further, as required by the ASTM standard, we ask that copies of previous environmental investigations and audits of the property are made available, as well as other Information related to storage, use, or release of hazardous substances or petroleum products at the site, such as environmental permits, registrations for tanks, material safety data sheets, or waste disposal records, If applicable. Data Evaluation and Report Preparation The Planning CenterlDC &E will interpret the information and data assembled from work scope task Items numbers 1 and 2 above, and will formulate conclusions regarding evidence of RECs at the site and their potential impact on the site. We will prepare three copies of a report summarizing the results of our assessment and discussing our conclusions regarding the potential presence and impact of RECs in connection with the site, based on the work scope described above. Based on Information gathered during Tasks 1 and 2, the report will answer the areas of concern related to: 1) hazardous waste, storage, disposal, or release; 2) pipelines on the properties; 3) geology and hydrogeology beneath the properties and regionally; and 4) air quality and hazardous air emissions from properties within one - quarter mile radius of the subject properties. The report will summarize the findings of the investigations and present recommendations for any additional activities, if warranted. As required by ASTM, our final report will include a statement indicating that the work was conducted consistent with the scope and limitations of the ASTM Standard, and discussing whether RECs were or were not identified in connection with the property. User - Provided information The ASTM Standard requires disclosure in the Phase I report as to whether the user of the report has specialized knowledge about previous ownership or uses of the property that may be material to identifying RECs, or whether the user has determined that the property's Title contains environmental liens or other information related to environmental condition of the property, including engineering and institutional controls and Activity and Use Limitations, as defined by ASTM. In addition, we are required by the ASTM Standard to inquire whether the user of the report has prior knowledge that the price of the property has been reduced for environmental related reasons. We request that you provide this information to us for inclusion in our report. No subsurface explorations or chemical testing of soils or groundwater will be performed during this assessment. Therefore, our conclusions regarding the evidence of RECs will be based on observations of existing visible conditions, and on our interpretation of site history and site usage information. Further, our conclusions regarding the presence of hazardous substances and petroleum products may not be applicable to areas beneath existing structures, unless specific subsurface exploration, sampling, and /or testing information is available and reviewed by us for such areas. The ASTM E 1527 -05 Standard includes the following list of "additional issues" that are non -scope considerations outside of the scope of the ASTM Phase I practice: Asbestos - Containing Materials, Radon, Lead -Based Paint, Lead in Drinking Water, Wetlands, Regulatory Compliance, Cultural and Historic Risks, industrial Hygiene, Health and Safety, Ecological Resources, Endangered Species, Indoor Air Quality, and High Voltage Powerlines. Assessment of these items is not included in our proposed work scope. A limited assessment of the presence of polychlorinated biphenyls (PCBs) is included in the ASTM work scope. Accordingly, our assessment of the presence of PCBs Is limited to those potential sources specified in the ASTM Standard as "electrical or hydraulic equipment known or likely to contain PCBs to the extent visually and or physically observed or identified from the interview or records review. A 50 -year chain -of -title will not be provided under this scope of work. It is, however, recommended that the District independently obtain title records to confirm the absence or presence of any environmental liens against the properties. THE PLANNING CENLERiDC &E I PROPOSAL RECRE47IO lAL ANAL VSIS;'AOTENTIAL NEGATIVE DECLARATION FOR A -0CFADDEN1ORA NGE PARK SITE 13 W", A C J Solis Analysis The Planning CenterlDC &E will also review the site soil for agricultural (planting) suitability and geotechnical concerns. Samples of onsite soils will be obtained and sent to a soils testing laboratory for an analysis of pH, texture, salinity, micro and macro nutrients. In addition, (the geotechnical consultant) will review the soils report and NRCS data to determine general foundation and structural concerns and cost Impacts for park development. PUBLIC DISTRIBUTION AND NOI FILING Our cost estimate assumes one Iteration of revisions and no substantive changes to the project description. Once the initial Study Is approved by the City for reproduction, a Notice of Intent (NOI) to adopt the MND will be prepared using the City's standard form, if available. After City approval of the Initial Study /MND and N01, The Planning CenterlDC &E will copy and distribute the N01 for the required 30 -day public review to the public, responsible agencies, and other special interest groups or individuals identified by the City. The Planning CenterlDC &E will also prepare a newspaper notice for the City to publish in a newspaper of general circulation in the area affected by the proposed project. FINAL MND /RESPONSES TO COMMENTS Although not required by CEQA, it Is The Planning CenterlDC &E's standard practice and recommendation to respond to all environmental comments on the MND. Responses will focus on comments that address the adequacy of the MND. Comments that do not address MND adequacy will be noted as such and no further response will be provided, unless deemed necessary by the City. If an unexpectedly large volume of comments is received or if certain comments result in the need for substantial response or new research or analysis, the initial budget may not be sufficient. MITIGATION AND MONITORING PROGRAM A Mitigation Monitoring Program (MMP) will be prepared (If necessary) pursuant to Section 21081.6 of the Public Resources Code. NOTICE OF DETERMINATION The NOD will be prepared by The Planning CenterlDC &E. We have assumed that the City will provide the Fish and Game fee by separate check or that the project will be exempt from this fee. GENERAL TIME SCHEDULE AND FEES Table 1 provides our fee proposal to prepare the Recreational Analysis and environmental documentation and the following diagram shows our proposed schedule. Table 1 RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW TASK COST LABOR COSTS Recreation Value epan Site VisiWck -off Meeting $2,720 Preliminary Consultation with NPS 340 Base Map 1,1 8() 14 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE, 25A-41 Table 1 RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW TASK COST Site Analysis Memorandum 2,270 Program Analysis 3,040 Alternative Concepts 6,600 Draft Report 2,270 City Staff Review 170 Final Report 1,380 Subtotal — Recreation Value Report $19,970 CEQAMEPA Documents CEQA - MND/Initial Study Preparation $3,500 NEPA -- EA Preparation 5,500 Aesthetics /Light and Glare 3,900 Air Quality 3,800 Biological Resources 300 Cultural Resources (technical study below) 200 Geology and Soils 3,400 Greenhouse Gas Emissions 1,900 Hazards and Hazardous Materials 1,000 Phase I ESA 3,800 Hydrology & Water Quality 2,200 Land Use & Planning 800 Noise 4,300 Pubiic Services 2,800 Traffic/Parking (technical study below) 900 Utilities & Service Systems 2,800 Public Notices: Preparation, Distribution of N01, NOD /Agency Mailing List 600 Response to Comments (maximum of 10 hours) 1,500 Mitigation Monitoring Program 500 Graphics 2,200 Word Processing /Editing 1,600 District Review/internal Revisions 1,500 Project Management 2,100 Progress Review Meetings 3,300 Public Meeting (1) 1,500 Subtotal — CEQA(NEPA $55,900 REIMBURSABLE EXPENSES (includes 8% markup) Document Reproduction: Screencheck MND/1S (3 copies) $180 Draft MND (30 copies) 1,800 THE MANNING CENTERIDC &E I PROPOSAL: RECREATIONAL ANALYSIS,,POTENTIAL NEGATIVE DECLARATION FOR A. 4CFADDEN(ORANGE PARK SITE 15 25A -42 Table 1 RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW TASK COST Draft MND Executive Summary for SCH (15 copies and 15 CDs 9$30) 400 Responses to Comments (10 copies) 200 MMP (10 copies @$2 /copy) 20 Screencheck EA (3 copies) 180 Draft EA (20 copies) 1,200 Phase I ESA Reimbursables 750 Postage/Deliveries 400 County of Orange Filing Fee (no charge to public agencies) -0- Dept. of Fish and Game Fee (assumes City provides check) n.a. Mileage /TraveVMisc. 1,200 Subtotal — Reimbursables $6,330 SUBCONSULTANTS Garland Associates (traffic and parking) $5,200 McKenna (Cultural Resources) 3,500 Soils Analysis 1,500 Subtotal - Subconsultants $10,200 TOTAL $92,400 vpticnai 3uo -tt property owners mailing list: $450. SCHEDULE THE PLANNING CENTERS DUE STATEMENT OF CONCERNS OR SUGGESTIONS Because no master plan is available for Centennial Park, we plan to work closely with City staff to determine the likely uses for that area based on community needs. If the replacement site is found of lesser recreational value, the NPS may require additional land be located for compensation. One concern Is that such a finding would require additional time and scope to find suitable land and conduct supplemental analysis. THE PLANNING CENTERIDC &E I PROPOSAL: RECREATIONAL ANALYSIS..-POTENTIAL NEGATIVE DECLARATION FOR MCFADDENIORANGE PARK SITE 17 25A-44 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I . The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 0 25A -45 I i MKIN REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: AGREEMENT FOR ENVIRONMENTAL SERVICES WITH THE PLANNING CENTER C/ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: /_1 =161Y1AW, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with The Planning Center for planning and environmental services in an amount not to exceed $101,640 to perform a park analysis and preparation of environmental documents for the Orange- McFadden Park site, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In 1979, the City licensed approximately 2.6 acres of Centennial Park to Rancho Santiago Community College District ( RSCCD) to build and operate a Career Education Center consistent with the park deed conditions. Centennial Park site was obtained from the Federal Government for recreation purposes and the deed conditions require National Park Service (NPS) approval of any improvements in the park site. The College is proposing to construct a two story classroom building in the licensed area at Centennial Park. NPS indicated the college improvements are not for recreational purposes and provided the option of a Land Conversion to transfer the deed restriction to a new 1.4 acre park site at McFadden and Orange Avenues. The land conversion must be of equal recreational value. In order to assess equal recreational value NPS is requesting the following documents be provided before a final decision or approval is granted: 1) An appraisal report on properties, 2) a recreation value report, 3) a soils analysis of the new park site, 4) an environmental assessment, and 5) a legal description /title search of the new site. On February 7, 2011, City Council approved a reimbursement agreement with RSCCD in the amount of $300,000 for the preparation of various documents including an appraisal report which has been completed on both properties. If NPS approves the land conversion option, the City at that time would need to approve the College's request to build the two story classroom building at Centennial Park. This Request for Proposal will retain a consultant to prepare the environmental assessment, soils analysis and park analysis on the McFadden /Orange site. The legal description /title search will be prepared by the Public Works Agency. Once all documents are completed this information will be sent to NPS for determination. 25B -1 Agreement with The Planning Center AUGUST 24, 2011 Page 2 A Request for Proposal (RFP) for consultant services was authorized by the City Council on June 6, 2011. The RFP was prepared and sent to twenty different environmental firms. A proposal was received from four environmental firms. After reviewing and ranking the proposals, a firm was found to be qualified, and the Planning Center was selected based on the firm's experienced staff, knowledge of the study area, and ability to complete the work in a timely manner. Therefore, The Planning Center is recommended for the consultant for the project. The consultant has identified a cost of $92,400 for the recreational analysis and associated environmental studies to be prepared (Exhibit 1). An additional ten percent (10 %) contingency has been included in the overall amount for a total of $101,640. FISCAL IMPACT Funds are available in the Parks and Recreation account (no. 30113260- 62300, activity no. 11261101022). The total contract amount will not exceed $101,640. C4�� J". Trevino Executive Director Planning and Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency HS:rb hs\ McFadden - Orange_ Park _Site \RFP_RFCAccContract.docx Exhibit: 1. Agreement i PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 2011 by and between THE PLANNING CENTER, a California corporation ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of park analysis and professional environmental reports and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide professional environmental services, including the preparation of a Recreation Value Report that will assess the Orange - McFadden Park site, research program needs, options and opportunities for the site, prepare alternative concept plans and cost estimates to determine recreational opportunities, and prepare environmental documents for the site. The scope of services (including estimated fees and costs) is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with the City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $101,640.00 during the term of this Agreement. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate upon the completion of the Scope of Services or depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. S. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed 2 25B -4 additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise due to negligent acts, omissions or willful misconduct, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any 25B -5 claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 4 I telefacsimile (714) 973 -1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant:Thc Planning Center Dwayne Mears, AICP Principal 1580 Metro Drive Costa Mesa, CA 92626 telephone (714) 966 -9220 telefacsimile (714) 966 -9221 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any proposal or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 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 25B -7 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: . a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shalt 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. 6 •� 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney Ryan O. Hodge Assistant City Attorney RECOMMENDED FOR APPROVAL: JAY TREVINO Executive Director - PBA CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager THE PLANNING CENTER DWAYNE MEARS Principal 7 EHIBIT A SCOPE OF SERVICES (Attached) Understanding of she Project The City of Santa Ana leased approximately 2.6 acres within Centennial Park to the Rancho Santiago Community College District (RSCCD) for the purpose of building and operating a Career Education Center consistent with the park deed restrictions. The original 30 -year agreement expired, and because RSCCD did not fully satisfy its duties under the agreement, the National Park Service agreed to extend the agreement for only five years. NPS has indicated that RSCCD must either move from Centennial Park or provide replacement parkland of equal recreational value. The City is seeking the assistance of a consulting firm to prepare a recreational value report, a soils analysis for the replacement park site, and an environmental assessment. The City Is separately contracting with others to perform an appraisal of the replacement property and a legal description /title search. Scope of Services RECREATION VALUE REPORT In this task, The Planning Center I DC &E will prepare a Recreation Value Report that will assess the McFadden and Orange Site (park site), research program needs, options and opportunities for the site compared the Centennial Park site, and prepare alternative concept plans and cost estimates to determine recreational opportunities. Site Visit The Planning Center I DC &E will initiate the recreation analysis with a Joint meeting at the proposed park site and Centennial Park site including City and Community College District staff (City /District staff). The goal of the site visit will be to ensure design issues and constraints are understood prior to preparing alternative concepts. The Planning Center j DC& team will be able to discuss possible program elements and approaches with City /District staff while on -site. City staff will provide information on the development of the proposed park site, referred to as Pacific Electric Park on the City's website, including any public participation and design discussions. Preliminary Consultation with National Park Service The Planning Center I DC &E will have a preliminary conversation with the National Park Service (NPS) to discuss the project and confirm assessment needs for their review. Should additional analysis or documentation be needed beyond what has been scoped, The Planning Center I DC &E will discuss these changes with City /District Staff. Base Map The Planning Center ( DC &E will prepare a site base map for the proposed site and Centennial Park using aerial photos and available record drawings for the sites and surrounding existing infrastructure and perform a site investigation to determine the existing conditions including drainage patterns, the location of existing utilities, and other site elements. The AutoCAD compatible base maps of the sites will be used for preliminary site analysis and development of alternative concepts. Site Analysis Memorandum The Planning Center I DC &E will prepare a site analysis memorandum to document opportunities and constraints at both the proposed park site and at Centennial Park. Using existing documents provided by staff, including Infrastructure and utility data, and data gathered from the site visit as a starting point, The Planning THE PLANNING CENTER[DC &E I PROPOSAL: RECREATIONAL ANALrSIS,,POTENTIAL NEGATIVE DECLARATION FOR MCFADDEN /ORANGE PARK SITE 7 25B -11 Center ( DC &E will Identify Issues relative to both sites Including safety, utility points of connection, drainage patterns and infrastructure. The memorandum will include a diagram that will Identify circulation patterns, adjacent properties, existing vegetation, views to and from the site, and locations for potential buildings. The memorandum will be submitted to City /District staff for review and comment. Program Analysis The Planning Center J DC &E will utilize the City of Santa Ana General Plan and the Youth & Family Master Plan Assessment Phase I as base documents to assess the recreational needs in the community. The team will gather and review the most current population data from US Census, SCAG, the City Planning Department, and State Finance Department to identify changing demographic trends that will impact local park and recreation planning. Additionally, the team will research recreation patterns and trend information through resources such as American Demographics, Institute of the Future, CPRS, NRPA, the State of California Park and Recreation Department Needs Survey (2008), the CPRS Action Plan, Outdoor Industry Association Surveys, California Arts Council and others to identify changing recreation patterns that are pertinent to program development for the park site. City staff will provide survey results from the 2010 OCCCO Park Planning Committee Future Pacific Electric Park Site Survey along with other data and Information associated to date with the planning for the Pacific Electric Park Site. Alternative Concepts The Planning Center I DC &E will produce up to three alternative concepts for Centennial Park based on the site analysis, program research and discussions with City /District staff. The Planning Center I DC &E will produce up to two alternative concepts for the proposed site based on the site analysis, program research and discussions with City /District staff; the conceptual plan for Pacific Electric Park will be the third alternative. The alternatives will identify which program elements determined in an earlier task can be accommodated at the park site. Preliminarily, it is anticipated that these alternatives may include, but not be limited to: • Paths and neighborhood connections • Benches and seating • Restroom • Shaded or covered areas • Picnic and barbeque sites • Tot and school -aged play areas • Informal turf areas • Fencing • Amphitheater • Interpretive signage • Exercise stations • Plantings • Shade structures • Play fields, space permitting —baseball, softball, soccer, multi -use • Basketball, tennis, bocce, horseshoes or other play courts • Water play areas • Community gardens PLANNING IS THINKING AND DOING SOMETHMG ABOUT THE FUTURE NOW. LET'S COLLABORATE. 25B -12 Preliminary cost estimates will be developed for each concept in order to assist in evaluating the park sites. The Planning Center I DC &E will present the alternatives and discuss the site and program analysis at a joint meeting of City Staff to clarify direction in moving forward with the Draft Report Draft Report The Planning Center I DC &E will prepare a draft Recreation Value Report, incorporating the research, site opportunities and constraints, alterative concepts and cost estimates. The report will include a comparative analysis of recreational needs within the Centennial Park and McFadden /Orange communities and the potential for accommodating those needs at each site. City Staff Review The draft Recreational Value Report will be submitted to City /District Staff for review and comment. The City and District will provide a consolidated list of review comments to The Planning Center I DC &E to incorporate into the Final Report. Any conflicting comments between the City's and District's consolidated comments will be brought to both parties attention for resolution prior to creation of the Final Report, Final Report Based on City /District staff comments, The Planning Center I DC &E will create the final Recreation Value Report, incorporating staff comments for the City and District to provide to NPS for review and assessment of equal recreational value. Optional Task: Community Meeting There has already been public participation in the development of the proposed park site, referred to as Pacific Electric Park, including a survey, conceptual plans and preliminary phased improvements. Depending on City staff review comments to the Alternative Concepts and NPS review, additional public meetings may be necessary to discuss the changes with the community. The Planning Center I DC &E can facilitate these meetings and is available to discuss additional scope and budget should this be necessary. ENVIRONMENTAL REVIEW CEQA The McFadden - Orange site Is vacant and zoned for residential use. The proposed park would trigger the need for a General Plan Amendment and rezoning. Based on our understanding of the project and our experience with similar projects, we believe that the project will not require a full EIR, but can be cleared through a (Mitigated) Negative Declaration. We will prepare the various studies In an objective manner and work with City staff and consultant team whenever project changes or mitigation measures are necessary to reduce Impacts to a less than significant level. If any impacts remain significant despite best efforts at finding solutions, an EIR would be required, resulting In a change to this scope. NEPA We believe NPS approval will trigger the need to prepare an Environmental Assessment under the requirements of NEPA. The EA will be based largely on the results of the MND, but will include additional NEPA sections and will follow the checklist from the Environmental Screening Form in Appendix 1 of the National Park Service Director's Order (DO) 12 Handbook, Handbook for Environmental Impact Analysis. (Note: The Planning CenterjDC &E prepared the Centennial Park/GodinezJoint Use Project EA for the NPS). THE PLANNING CEMERIDC &E I PROPOSAL: RECREATIONAL ANAL YSIS;POTENTIAL NEGATIVE DECLARATION FOR F. 4CFADDENIORANGE PARK SITE 9 25B -13 Initial Study /MND The Planning CenterlDC &E will prepare an Initial Study containing a description of the project and environmental setting, Identification of responsible and trustee agencies, a checklist of impacts, a review of each topic, and appropriate mitigation measures. Mitigated Negative Declaration The Initial Study will be attached to the Mitigated Negative Declaration (MND). As required in CEQA Guidelines Section 15071, the MND will contain a brief description of the project, the applicant's name, the location of the project site, the proposed finding of no significant impacts, and a list of mitigation measures. Notice of Intent to Adopt. The Planning CenterlDC &E will prepare a Notice of Intent to Adopt the MND. Document Printing and Circulation. The firm will print copies and be responsible for distributing the MND. The creation of a mailing list of adjacent residents and property owners is not included in this scope, but can be added If requested. (Such a mailing is not required by CEQA.) Document Revisions. Following the close of the public review period, responses will be prepared and, if appropriate, the MND may be revised. For budgeting purposes, a maximum number of hours is assumed for preparation of responses to comments. Additional effort would require a modification of this scope and fee. Mitigation Monitoring Program. A Mitigation Monitoring Program will be prepared for the MND ENVIRONMENTAL ANALYSIS Aesthetics Although precise park/recreation improvements are unknown at this time, it can be assumed that the site might include turf, landscaping, playfields, backstops /goals, picnic tables, shade structures, restroom building, community building and similar features. Based on the conclusions of the recreational analysis, the anticipated improvements will be evaluated for their visual impact on nearby residences and along the adjacent roadway. Given the McFadden /Orange site's relative small size and location adjacent to a residential neighborhood, It is assumed that park improvement would not include lighting for nighttime use. Traffic and Parking An analysis will be conducted to determine the impacts of potential park improvements on traffic and parking conditions in the vicinity of the project site. The streets providing access to the site will be inventoried with regard to such physical characteristics as number of lanes, types of traffic control devices, sidewalk locations, and driveway locations. Traffic conditions will then be evaluated based on existing and projected future peak hour traffic volumes and intersection levels of service. Traffic volume data will be collected from the City of Santa Ana, if available. Where needed, new traffic counts will be taken at the streets and intersections in the project vicinity to update and supplement the available data. Up to eight intersections In the project area will be studied. Staff at the City of Santa Ana will be consulted to identify the intersections that will be evaluated. The future baseline traffic volumes will be forecast by considering the effects of general area -wide growth and the cumulative volumes of traffic that would be generated by other proposed development projects in the area. The impacts of the proposed project will be determined by estimating the levels of traffic resulting from the activities at the park and then conducting a before- and -after analysis of traffic conditions on the streets and intersections in the site vicinity (i.e., traffic conditions with and without the proposed project). The volume of traffic that would be generated by the park will be based on the trip generation rates from the Institute of Transportation Engineers' Trip Generation manual. The traffic analysis will address the project's impacts during TG PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE. 25B -14 the afternoon peak period on a typical weekday and on a weekend day. The analysis will also address the anticipated parking impacts of the proposed project. Potential measures for mitigating the adverse traffic and parking impacts (if any) will be identified in consultation with the City of Santa Ana. The analysis methodology, assumptions, and findings will be summarized in report sections suitable for insertion into the environmental document. Air Quality Potential air quality impacts associated with construction and operation of the project will be analyzed in the EIR. The analysis will be based on the South Coast Air Quality Management District's (SCAQMD) methodology for projects in the South Coast Air Basin (SoCAB). Air pollutant emissions will be quantified using the CaIEEMod computer model for both the construction and operational phases. Construction modeling will be based on construction phasing, the construction schedule, and anticipated equipment for each type of construction activity. Air pollutant emissions will be compared to SCAQMD's regional thresholds of significance to determine the significance of project- related construction emissions due to the expansion of the stadium and reconfiguration of the athletic field. Onsite localized project- related emissions associated with vehicle exhaust and dust generated during the construction phase will also be evaluated against SCAQMD's screening -level localized significance thresholds (i-STs) for projects under five acres to determine whether sensitive residential uses along local roadways would be exposed to air pollution that exceeds the ambient air quality standards (AAQS). Project - related emissions will also be evaluated relative to consistency with the air quality management plan. Greenhouse Gas Emissions The EIR will quantify greenhouse gas (GHG) emissions for area sources, energy (purchased energy, energy from water transport, use, and treatment), waste disposal, and transportation emissions sources generated by the project. The potential effects of GHG emissions, history of GHG emissions regulation In California, and project - related GHG emissions will be discussed. Project consistency with the CARB Scoping Plan's statewide GHG emissions reduction strategies will also be reviewed. Noise and Vibration The environmental document will evaluate potential impacts resulting from the construction and operation of the park improvements as suggested in recreational analysis. The noise analyses will be consistent with the noise compatibility standards of the City of Santa Ana. The short -term construction analyses will focus on potential noise and vibration impacts on sensitive land uses such as the onsite school classrooms and local residential uses. Based on the anticipated construction schedule and equipment list, construction - related noise and vibration levels will be calculated for the project using published data from the US Environmental Protection Agency and federal Transit Administration. The noise analyses will evaluate the potential for project - related traffic and stationary sources to substantially elevate the ambient noise environment. Hazards and Hazardous Materials /Phase I Environmental Assessment The Phase I will be conducted in accordance with the American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments, ASTM E 1527 -05 (ASTM 1527 -05). The goal of an ASTM Phase I is to evaluate site history, existing observable conditions, current site use, and current and former uses of surrounding properties to identify the potential presence of "Recognized Environmental Conditions (RECs)" associated with the site. Recognized Environmental Conditions are defined in ASTM E 1527 -05 as °the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water at the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk THE PLANNING CEMERIDC &E I PROPOSAL: RECREATIONAL ANAL YSIS /POTENTIAL NEGATIVE DECLARATION FOR MCFADDEN /ORANGE PARK SITE I I 25B -15 of harm to public health or the environment and that generally would not be the subject of an enforcement action If brought to the attention of appropriate governmental agencies." The Phase I scope of work described below has been developed to be consistent with the ASTM E 1527 -5 Standard, based on our current understanding of the site. The Phase I consists of three primary tasks that Include both ASTM - required and discretionary activities: Records Review; Site Reconnaissance and Interviews; and Report Preparation. The scope of work specific to this project Is described below. Records Review The Planning Center]DC &E will assemble and review readily available information on site history and usage as It relates to the presence of hazardous substances and petroleum products that would constitute RECs on the site. The ASTM standard lists mandatory and discretionary records for review. We will review information from the mandatory databases within the ASTM - specified search radii. The mandatory databases include: NPL, CERCLIS, CERCLIS NFRAP, ERNS, RCRA non- CORRACTS TSD, RCRA CORRACTS TSD, RCRA Generators, State Hazardous Waste Sites, State Landfills and Solid Waste Disposal Sites, Registered Underground Storage Tanks (USTs), and Leaking USTs. We intend to use an electronic database service to provide a report summarizing information from the required records, and will rely on the database service to conform to ASTM requirements for currency of the information. Should the database search report identify listed sites with the potential to impact the subject site, The Planning CenterjDC &E may review the federal or state files pertaining to the listed sites, as reasonably ascertainable and practically reviewable. The budget presented below does not include costs for review of files by more than one agency. A 7.5- minute US Geological Survey topographic map will be used to evaluate the physical setting in the site area and will be supplemented by discretionary review of readily available Information concerning surface topography, surface water, soil, bedrock, and groundwater conditions on and in the vicinity of the project site. Historical and current aerial photographs of the properties and surrounding area will be compiled through a photograph collection search. These photographs will be reviewed by The Planning CenterlDC &E for the following information: past land uses, development of the site and surrounding area, potential sources of environmental contamination or evidence of spills, and other items of environmental concern. Site Reconnaissance and Interviews The Planning CenterlDC &E will visit the site and view interior and exterior conditions to assess the nature and type of activities that have been conducted at the site with respect to potential RECs. The Planning CenterlDC &E will observe and document visible evidence of current and past usage of the property, particularly related to potential filling, previous structures, sewage disposal systems, hazardous substances, petroleum products, storage tanks, and evidence of spills or releases of hazardous substances or petroleum products. We understand that you will make all areas of the site accessible to our representative(s) for the site visit. For budgeting purposes, we have assumed that all areas of the site will be made accessible and will be seen in one site visit. Our observations and conclusions related to the site reconnaissance may be limited by prevailing weather conditions or other site conditions at the time of our site visit. Our report will include a discussion of factors limiting our site reconnaissance, if applicable. If knowledgeable persons are identified and can be interviewed, interviews will be conducted. The ASTM Standard requires that interviews be performed with a "Key Site Manager" and with representatives of building occupants, In accordance with ASTM, a reasonable attempt will be made to Interview a representative of each occupant If the building has five or fewer occupants. If the building contains more than five occupants, a reasonable attempt will be made to interview those major occupants, as defined by ASTM, and those occupants whose operations could indicate RECs in connection with the property. We request that the current owner(s) or representative(s) be notified of our visit and asked to participate in an interview regarding site usage and history. 12 PLANNING IS THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE I Further, as required by the ASTM standard, we ask that copies of previous environmental Investigations and audits of the property are made available, as well as other Information related to storage, use, or release of hazardous substances or petroleum products at the site, such as environmental permits, registrations for tanks, material safetydata sheets, orwaste disposal records, If applicable. Data Evaluation and Report Preparation The Planning CenterlDC &E will interpret the information and data assembled from work scope task items numbers 1 and 2 above, and will formulate conclusions regarding evidence of RECs at the site and their potential impact on the site, We will prepare three copies of a report summarizing the results of our assessment and discussing our conclusions regarding the potential presence and impact of RECs in connection with the site, based on the work scope described above. Based on information gathered during Tasks 1 and 2, the report will answer the areas of concern related to: 1) hazardous waste, storage, disposal, or release; 2) pipelines on the properties; 3) geology and hydrogeology beneath the properties and regionally; and 4) air quality and hazardous air emissions from properties within one - quarter mile radius of the subject properties. The report will summarize the findings of the investigations and present recommendations for any additional activities, if warranted. As required by ASTM, our final report will include a staternent indicating that the work was conducted consistent with the scope and limitations of the ASTM Standard, and discussing whether RECs were or were not identified in connection with the property. User - Provided Information The ASTM Standard requires disclosure in the Phase I report as to whether the user of the report has specialized knowledge about previous ownership or uses of the property that may be material to identifying RECs, or whether the user has determined that the property's Title contains environmental liens or other information related to environmental condition of the property, including engineering and institutional controls and Activity and Use Limitations, as defined by ASTM. In addition, we are required by the ASTM Standard to Inquire whether the user of the report has prior knowledge that the price of the property has been reduced for environmental related reasons. We request that you provide this information to us for Inclusion in our report. No subsurface explorations or chemical testing of soils or groundwater will be performed during this assessment. Therefore, our conclusions regarding the evidence of RECs will be based on observations of existing visible conditions, and on our interpretation of site history and site usage Information. Further, our conclusions regarding the presence of hazardous substances and petroleum products may not be applicable to areas beneath existing structures, unless specific subsurface exploration, sampling, and/or testing information is available and reviewed by us for such areas. The ASTM E 1527 -05 Standard includes the following list of "additional issues" that are non -scope considerations outside of the scope of the ASTM Phase I practice: Asbestos - Containing Materials, Radon, Lead -Based Paint, Lead in Drinking Water, Wetlands, Regulatory Compliance, cultural and Historic Risks, Industrial Hygiene, Health and Safety, Ecological Resources, Endangered Species, Indoor Air Quality, and High Voltage Powerlines. Assessment of these items is not included in our proposed work scope. A limited assessment of the presence of polychlorinated biphenyls (PCBs) is Included in the ASTM work scope. Accordingly, our assessment of the presence of PCBs is limited to those potential sources specified in the ASTM Standard as "electrical or hydraulic equipment known or likely to contain PCBs to the extent visually and or physically observed or Identified from the interview or records review. A 50 -year chain -of -title will not be provided under this scope of work. it is, however, recommended that the District independently obtain title records to confirm the absence or presence of any environmental liens against the properties. THE RMINING CENTERIDC &E I PROPOSAL: RECREATIONAL ANALYSI$POTENTIAL NEGATIVE DECLARATION FOR .gCFADDENIOR,LNGE PARK SITE 13 25B -17 Solis Analysis The Planning Center]DC&E will also review the site soil for agricultural (planting) suitability and geotechnical concerns. Samples of onsite soils will be obtained and sent to a soils testing laboratory for an analysis of pH, texture, salinity, micro and macro nutrients. In addition, (the geotechnical consultant) will review the soils report and NRCS data to determine general foundation and structural concerns and cost Impacts for park development. PUBLIC DISTRIBUTION AND NOI FILING Our cost estimate assumes one Iteration of revisions and no substantive changes to the project description. Once the Initial Study Is approved by the City for reproduction, a Notice of Intent (NOI) to adopt the MND will be prepared using the City's standard form, if available. After City approval of the Initial Study /MND and NOI, The Planning CenterlDC &E will copy and distribute the NO] for the required 30 -day public review to the public, responsible agencies, and other special interest groups or individuals identified by the City, The Planning CenterlDC &E will also prepare a newspaper notice for the City to publish in a newspaper of general circulation in the area affected by the proposed project. FINAL MND /RESPONSES TO COMMENTS Although not required by CEQA, it Is The Planning CenterlDC &E's standard practice and recommendation to respond to all environmental comments on the MND. Responses will focus on comments that address the adequacy of the MND. Comments that do not address MND adequacy will be noted as such and no further response will be provided, unless deemed necessary by the City. If an unexpectedly large volume of comments is received or if certain comments result in the need for substantial response or new research or analysis, the Initial budget may not be sufficient. MITIGATION AND MONITORING PROGRAM A Mitigation Monitoring Program (MMP) will be prepared (if necessary) pursuant to Section 21081.6 of the Public Resources Code. NOTICE OF DETERMINATION The NOD will be prepared by The Planning CenterlDC &E. We have assumed that the City will provide the Fish and Game fee by separate check or that the project will be exempt from this fee. GENERAL TIME SCHEDULE AND FEES Table 1 provides our fee proposal to prepare the Recreational Analysis and environmental documentation and the following diagram shows our proposed schedule. Preliminary Consultation with NPS 340 Base Map 1,180 14 PLANNING 1S THINKING AND DOING SOMETHING ABOUT THE FUTURE NOW. LET'S COLLABORATE, ee� Table 1 RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW TASK COST Site Analysis Memorandum 2,270 Program Analysis 3,040 Alternative Concepts 6,600 Draft Report 2,270 City Staff Review 170 Final Report 1,380 Subtotal — Recreation Value Report $19,970 CI_QNNEPA.Doeuments CEQA - MND/Initial Study Preparation $3,500 NEPA — EA Preparation 5,500 Aesthetics /Light and Glare 3,900 Air Quality 3,800 Biological Resources 300 Cultural Resources (technical study below) 200 Geology and Soils 3,400 Greenhouse Gas Emissions 1,900 Hazards and Hazardous Materials 1,000 Phase I ESA 3,$00 Hydrology & Water Quality 2,200 Land Use & Planning 800 Noise 4,300 Public Services 2,800 Traffic/Parking (technical study below) 900 Utilities & Service Systems 2.800 Public Notices: Preparation, Distribution of NO], NOD /Agency Mailing List 600 Response to Comments (maximum of 10 hours) 1,500 Mitigation Monitoring Program 500 Graphics 2,200 Word Processing /Editing 1,600 District Review/internal Revisions 1,500 Project Management 2,100 Progress Review Meetings 3,300 Public Meeting (1) 1,500 Subtotal -- CEQA/NEPA $55,900 REIMBURSABLE EXPENSES (includes 8% markup) Document Reproduction: Screencheck MND/1S (3 copies) $180 Draft MND (30 copies) 1,800 THE PLANNING CENTER]OC &E I PROPOSAL: RECREATIONAL ANALYSIS,,POTENTIAL NEGATIVE DECLARATION FOR � 9CFADDEN/ORANGE PARK SITE 15 - � J Table 1 RECREATION VALUE REPORT AND ENVIRONMENTAL REVIEW TASK COST Draft MIND Executive Summary for SCH (15 copies and 15 CDs @$30) 400 Responses to Comments (10 copies) 200 MMP (10 copies @$2 /copy) 20 Screencheck EA (3 copies) 180 Draft EA (20 copies) 1,200 Phase I ESA Reimbursables 750 Postage/Deliveries 400 County of Orange Filing Fee (no charge to public agencies) _0_ Dept. of Fish and Game Fee (assumes City provides check) n.a. Mileage /TraveVMisc. 1,200 Subtotal — Reimbursables $6,330 SUBCONSULTANTS Garland Associates (traffic and parking) $5,200 McKenna (Cultural Resources) 3,500 Soils Analysis 1,500 Subtotal - Subconsultants $10,200 TOTAL $92,400 uptional yuu -tt property owners mamng list: $450. SCHEDULE THE PLANNING CENTERIDUE - kalor kt-Wou 16 PLANNING IS THINKING AND DOING SOMETHING ABOUT —1 HE FUTURE NOW. LET'S COLLABORATE, STATEMENT OF CONCERNS OR SUGGESTIONS Because no master plan is available for Centennial Park, we plan to work closely with City staff to determine the likeiy uses for that area based on community needs. If the replacement site is found of lesser recreational value, the NPS may require additional land be located for compensation. One concern is that such a finding would require additional time and scope to find suitable land and conduct supplemental analysis. THE PLANNING CENTERI DC &E I PROPOSAL: RECREATIONAL ANALYSIS;FOTENTIAL NEGATIVE DECLARATION FOR A9CFADDENIORANGE PARK SITE 17 25B -21 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 25B -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: AMENDMENTS TO HOMELESSNESS PREVENTION AND RAPID RE- HOUSING PROGRAM AGREEMENTS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15f Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute the attached amendment with Interval House increasing the (Rapid Re- Housing) grant in the amount of $53,750, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute the attached amendment with WISE Place increasing the (Rapid Re- Housing and Homelessness Prevention) grant in the amount of $53,750, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager and the Clerk of the Council to execute the attached amendment with Olive Crest decreasing the (Homelessness Prevention) grant in the amount of $15,000, subject to non - substantive changes approved by the City Manager and City Attorney. 4. Authorize the City Manager and the Clerk of the Council to execute the attached amendment with Olive Crest decreasing the (Rapid Re- Housing) grant in the amount of $55,000, subject to non - substantive changes approved by the City Manager and City Attorney. 5. Authorize the City Manager and the Clerk of the Council to execute the attached amendment with Public Law Center decreasing the (Homelessness Prevention) grant in the amount of $17,500, subject to non - substantive changes approved by the City Manager and City Attorney. 6. Authorize the City Manager and the Clerk of the Council to execute the attached amendment with Illumination Foundation decreasing the (Homelessness Prevention) grant 25C -1 Amendments to HPRP Agreements AUGUST 24, 2011 Page 2 in the amount of $20,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The American Recovery and Reinvestment Act of 2009 (Recovery Act) appropriated $1.5 billion for communities to provide financial assistance and services to prevent individuals and families from becoming homeless and to help those who are experiencing homelessness to be quickly re- housed and stabilized. Santa Ana was allocated $2,831,989 under the terms of the funding distribution formula established by the U. S. Department of Housing and Urban Development (HUD) for these programs, which are titled Homelessness Prevention and Rapid Re- Housing (HPRP). On September 8, 2009, City Council authorized the execution of agreements with nine local HPRP non - profit sub - recipients to carry out HPRP services. On September 7, 2010, after one year of operation, City Council authorized amendments with three sub - recipients to transfer funds between programs and to expand HPRP services to better meet the needs of the community. On January 4, 2011, City Council authorized the execution of amendments with five sub - recipients to meet the HPRP program requirement of expending 60% of the award funds within two years of the date that HUD signed the grant agreement. At that time, three sub - recipients returned a portion of their grant and the funds were re- allocated to two sub - recipients who had the interest and ability to spend the additional funds. Considering current expenditure rates and projections as to whether each sub - grantee will meet the 100% expenditure requirement by June 2012, it is necessary to amend the agreements again. Staff and sub - recipients have agreed upon the following adjustments to the HPRP allocations: Organization Returning Funds Homelessness Prevention Rapid Re- Housing Olive Crest $15,000 $55,000 Public Law Center $17,500 Illumination Foundation $20,000 TOTAL $107,500 Organizations Receiving Funds Homelessness Prevention Rapid Re- Housing Interval House $53,750 WISE Place $26,875 $26,875 TOTAL $107,500 25C -2 Amendments to HPRP Agreements AUGUST 24, 2011 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. al1'1 Nancy T. E ards Interim Exe five Director Community Development Agency NTE/TE /mlr Exhibits: 1. Interval House Amendment 2. WISE Place Amendment 3. Olive Crest Amendment 4. Public Law Center Amendment 5. Illumination Foundation Amendment 25C -3 25C -4 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND INTERVAL HOUSE FOR THE USE OF HOMELESSNESS PREVENTION AND RAPID REHOUSING GRANT FUNDS THIS THIRD AMENDMENT TO AGREEMENT is entered into on the 16th day of August 2011, by and between Interval House, a California non - profit corporation ( "Subrecipient ") 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 Between the City of Santa Ana and Interval House for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year 2009 -10), dated September 30, 2009, (hereinafter "said Agreement ") by which Subrecipient has been providing support to homeless women or those who are at risk for homelessness under the Homelessness Prevention and Rapid Re- Housing program ("HPRP"). B. On , 2011, said Agreement was amended to increase services and funding for this Subrecipient based on expenditure rates and projections as to whether each grantee could meet the HPRP statutory requirement that grantees expend 60% of its award funds within 2 years of the date that the U.S. Department of Housing and Urban Development ( "HUD ") signed the grant agreement. C. The City's HPRP program requires that grantees expend 100% of its award funds by June 20, 2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this requirement. D. Based upon current expenditure rates and projections as to whether each grantee can meet this requirement, the parties hereto have agreed to this amendment to increase services and Rapid Re- Housing grant funds for this Subrecipient. 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 Third Amendment to Agreement, the parties agree as follows: 1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and replaced with a revised Exhibit B due to this Amendment. 2. Section VI, A. "Agreement Amount" shall be increased by $53,750 due to the additional services. The $53,750 will be allocated to the Rapid Re- Housing grant. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 1 EXHIBIT 1 25C -5 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA PAUL WALTERS Interim City Manager SUBRECIPIENT Interval House Carol Anne Williams Executive Director Tax ID: 2 EXHIBIT 1 25C -6 Final Budget (Exhibit B) Organization Name I irttervai House Place an X: Homelessness Prevention Rapid Rehousing Expenditures Category $ Expenses Funded by Santa Ana CalEMA (formerly Office of Emergency Services Expenses Funded by Other Sources Total Program Budget OC Community Services $ Administration Orange County CaIWORKs $ 58,720 Administrative Staff Salaries & Benefits $ 7,500 $ 7,500 Other: List below $ 452,883 1 $ 2 $ - 3 $ _ 4 $ _ 5 $ _ Total $ 7,500 $ - $ 7,500 Housing Relocation and Stabilization Services Case Management $ 28,652 $ 28,652 $ 57,304 Outreach and Engagement $ 14,326 $ 14,326 $ 28,652 Housing Search and Placement $ 23,877 $ 23,877 $ 47,754 Legal Services $ 9,551 $ 9,551 $ 19,102 Credit Repair Counseling $ 19,102 $ 19,102 $ 38,204 Total $ 95,508 1 $ 95,508 $ 191,016 Financial Assistance Rental Assistance $ 183,222 $ 183,222 Utility Payments $ 47,520 $ 47,520 Security Deposits $ - $ _ Utility Deposits $ - $ _ Moving Costs $ - $ _ Motel /Hotel Vouchers $ - $ 23,625 $ 23,625 Total $ 230,742 $ 23,625 $ 254,367 Program Total $ 333,750 $ 119,133 $ 452,883 us I ALL OTHER PROGKAM FUNDS I HAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP $ 333,750 CalEMA (formerly Office of Emergency Services $ 36,788 OC Community Services $ 23,625 Orange County CaIWORKs $ 58,720 Total Funds for the Program $ 452,883 Page 1 of 1 25C -8 FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND WISE PLACE FOR THE USE OF HOMELESSNESS PREVENTION AND RAPID REHOUSING GRANT FUNDS THIS FOURTH AMENDMENT TO AGREEMENT is entered into on the 16`h day of August 2011, by and between WISE Place, a California non -profit corporation ( "Subrecipient ") 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 Between the City of Santa Ana and WISE Place for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year 2009 -10), dated September 30, 2009, (hereinafter "said Agreement ") by which Subrecipient has been providing support to homeless women or those who are at risk for homelessness under the Homelessness Prevention and Rapid Re- Housing program ( "HPRP "). B. On , 20 , said Agreement was amended to reduce services and funding for this Subrecipient based on expenditure rates and projections as to whether each grantee could meet the HPRP statutory requirement that grantees expend 60% of its award funds within 2 years of the date that the U.S. Department of Housing and Urban Development ("HUD ") signed the grant agreement. C. The City's HPRP program requires that grantee's expend 100% of its award funds by June 20, 2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this requirement. D. Based upon current expenditure rates and projections as to whether each grantee can meet this requirement, the parties hereto have agreed to this amendment to increase services and Homelessness Prevention and Rapid Re- Housing grant funds for this Subrecipient. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: 1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and replaced with a revised Exhibit B due to this Amendment. 2. Section VI, A. "Agreement Amount" shall be increased by $53,750, due to the increased services. $26,875 will allocated to the Homelessness Prevention grant and $26,875 will be allocated to the Rapid Re- Housing grant. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 1 EXHIBIT 2 25C -9 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: City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA PAUL WALTERS Interim City Manager SUBRECIPIENT WISE Place Kathleen Davis - Bowman Executive Director Tax ID: 2 EXHIBIT 2 25C -10 Final Budget (Exhibit B) Organization Name WISEPlace Place an X: Homelessness Prevention 0 Rapid Rehousing0 Expenditures Category Expenses Funded by Santa Ana -HP Expenses Funded by Santa Ana -RR Total Program Bud et Administration Administrative Staff Salaries & Benefits $ 1,019 $ 2,017 $ 3,036 Other: List below - 1 $ - 2 $ - 3 $ _ 4 $ _ 5 $ _ Total $ 1,019 $ 2,017 $ 3,036 Housing Relocation and Stabilization Services Case Management $ 3,333 $ 3,901 $ 7,234 Outreach and Engagement $ 968 $ 1,929 $ 2,897 Housing Search and Placement $ 3,893 $ 4,874 $ 8,767 Legal Services $ - $ _ Credit Repair Counseling $ 5,148 1 $ 5,410 $ 10,558 Total $ 13,342 1 $ 16,114 $ 29,456 Financial Assistance Rental Assistance $ 53,514 $ 54,984 $ 108,498 Utility Payments $ - $ _ Deposits $ 5,000 $ 12,760 $ 17,760 $ - $ - Moving Costs $ - $ _ Motel /Hotel Vouchers $ - $ _ Total $ 58,514 $ 67,744 $ 126,258 Program Total $ 72,875 1 $ 85,875 $ 158,750 u5 I ALL OTHER HER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP $ 158,750 Total Funds for the Program $ 158,750 Page 1 of 1 Exh' -11 25C -12 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND OLIVE CREST FOR THE USE OF HOMELESSNESS PREVENTION AND RAPID REHOUSING GRANT FUNDS THIS THIRD AMENDMENT TO AGREEMENT is entered into on the 16`h day of August 2011, by and between Olive Crest, a California non -profit corporation ( "Subrecipient ") 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 Between the City of Santa Ana and Olive Crest for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year 2009 -10), dated September 30, 2009, (hereinafter "said Agreement ") by which Subrecipient has been providing support to the homeless youth or those who are at risk for homelessness. B. On , 2011, said Agreement was amended to decrease services and funding for this Subrecipient based on expenditure rates and projections as to whether each grantee could meet the HPRP statutory requirement that grantees expend 60% of its award funds within 2 years of the date that the U.S. Department of Housing and Urban Development ( "HUD ") signed the grant agreement. C. The City's HPRP program requires that grantee's expend 100% of its award funds by June 20, 2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this requirement. D. Based upon current expenditure rates and projections as to whether each grantee can meet this requirement, the parties hereto have agreed to this amendment to decrease services and Homelessness Prevention and Rapid Re- Housing grant funds. 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 Third Amendment to Agreement, the parties agree as follows: 1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and replaced with a revised Exhibit B due to this Amendment. Section VI, A. "Agreement Amount" shall be reduced by $70,000, due to the reduced services. $15,000 will be returned from the Homelessness Prevention grant and $55,000 will be returned from the Rapid Re- Housing grant. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 1 EXHIBIT 3 25C -13 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA PAUL WALTERS Interim City Manager SUBRECIPIENT Olive Crest Name: Edward J. Becker Title: CFO Tax ID: 2 EXHIBIT 3 25C -14 Final Budget (Exhibit B) Organization Name Olive Crest Treatment Centers, Project Independence Place an X: Homelessness Prevention Rapid Rehousing Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Administration Administrative Staff Salaries & Benefits $ 4,585 $ 4,585 Other: List below 1 $ 2 $ _ 3 $ _ 4 $ _ 5 $ _ Total $ 4,585 $ - $ 4,585 Housing Relocation and Stabilization Services Case Management $ 55,406 $ 55,406 Outreach and Engagement $ - $ - Housing Search and Placement $ 6,879 $ 6,879 Legal Services $ - $ _ Credit Repair Counseling $ - $ - Total $ 62,285 $ - $ 62,285 Financial Assistance Rental Assistance $ 153,600 $ 153,600 Utility Payments $ 12,000 $ 12,000 Deposits $ 2,530 $ 2,530 Moving Costs $ - $ _ Motel /Hotel Vouchers $ - $ _ Total $ 168,130 $ - $ 168,130 Program Total I $ 235,000 1 $ - $ 235,000 LIST ALL OTHER HER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP $ 235,000 Total Funds for the Program $ 235,000 Page 1 of 1 Exh iUR -1 Final Budget (Exhibit B) Organization Name Olive Crest Treatment Centers, Project Independence Place an X: Homelessness Prevention Rapid Rehousing0 Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Administration Administrative Staff Salaries & Benefits $ 1,500 $ 1,500 Other: List below 1 $ 2 $ _ 3 $ _ 4 $ _ 5 $ _ Total $ 1,500 $ - $ 1,500 Housing Relocation and Stabilization Services Case Management $ 22,000 $ 22,000 Outreach and Engagement $ 10,000 $ 10,000 Housing Search and Placement $ 1,000 $ 1,000 Legal Services $ - $ _ Credit Repair Counseling $ - $ _ Total $ 33,000 $ - $ 33,000 Financial Assistance Rental Assistance $ 23,000 $ 23,000 Utility Payments $ 2,944 $ 2,944 Security Deposits $ - Utility Deposits $ - $ _ Moving Costs $ _ $ _ Motel /Hotel Vouchers $ - $ _ Total $ 25,944 $ - $ 25,944 Program Total $ 60,444 $ - $ 60,444 L16 I ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP $ 60,444 Total Funds for the Program $ 60,444 Page 1 of 1 Exhig§F-v 25C -17 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE PUBLIC LAW CENTER FOR THE USE OF HOMELESSNESS PREVENTION AND RAPID REHOUSING GRANT FUNDS THIS AMENDMENT TO AGREEMENT is entered into on the 16th day of August 2011, by and between the Public Law Center, a California non -profit corporation ( "Subrecipient ") 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 Between the City of Santa Ana and the Public Law Center for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year 2009 -10), dated September 30, 2009, (hereinafter "said Agreement ") by which Subrecipient has been providing support to homeless persons and /or those who are at risk for homelessness under the Homelessness Prevention and Rapid Re- Housing program ( "HPRP "). B. The City's HPRP program requires that grantees expend 100% of its award funds by June 20, 2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this requirement. C. Based upon current expenditure rates and projections as to whether each grantee can meet this requirement, the parties hereto have agreed to this amendment to decrease funding for this Subrecipient. 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 Amendment to Agreement, the parties agree as follows: 1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and replaced with a revised Exhibit B due to this Amendment. 2. Section VI, A. "Agreement Amount" for the Homelessness Prevention grant shall be decreased by $17,500. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 1 EXHIBIT 4 25C -18 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA PAUL WALTERS Interim City Manager SUBRECIPIENT Public Law Center By: Title: Tax ID: 2 EXHIBIT 4 25C -19 Final Budget (Exhibit B) Organization Name Public Law Center Place an X: Homelessness Prevention 0 Rapid Rehousing Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources State Bar IOLTA Program Total Program Budget 21,525 State Bar Equal Access Fund Administration 19,500 scretionary funds from annual event and fund $ 28,725 Administrative Staff Salaries & Benefits $ 2,625 $ 4,500 $ 7,125 Other: List below Total Funds for the Program $ 157,250 1 Office Supplies $ 375 $ 375 2 Utilities $ 285 $ 285 3 Liability Insurance $ 90 $ 90 4 $ _ 5 $ _ Total $ 2,625 $ 5,250 $ 7,875 Housing Relocation and Stabilization Services Case Management $ - $ - Outreach and Engagement $ 18,765 $ 14,190 $ 32,955 Housing Search and Placement $ - $ - Legal Services $ 66,110 $ 50,310 $ 116,420 Credit Repair Counseling $ - $ - Total $ 84,875 $ 64,500 $ 149,375 Financial Assistance Rental Assistance $ - $ _ Utility Payments $ - $ _ Security Deposits $ - $ _ Utility Deposits $ _ $ _ Moving Costs $ _ $ _ Motel /Hotel Vouchers $ - $ _ Total $ - $ _ $ _ Program Total $ 87,500 $ 69,750 $ 157,250 L16 ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP $ 87,500 State Bar IOLTA Program $ 21,525 State Bar Equal Access Fund $ 19,500 scretionary funds from annual event and fund $ 28,725 Total Funds for the Program $ 157,250 Page 1 of 1 ExhiNG -V AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ILLUMINATION FOUNDATION FOR THE USE OF HOMELESSNESS PREVENTION AND RAPID REHOUSING GRANT FUNDS THIS AMENDMENT TO AGREEMENT is entered into on the 16th day of August 2011, by and between Illumination Foundation, a California non -profit corporation ( "Subrecipient ") 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 Between the City of Santa Ana and Illumination Foundation for Use of Homelessness Prevention and Rapid Rehousing Grant Funds (Program Year 2009 -10), dated September 30, 2009, (hereinafter "said Agreement ") by which Subrecipient has been providing support to homeless persons and /or those who are at risk for homelessness under the Homelessness Prevention and Rapid Re- Housing program ( "HPRP "). B. The City's HPRP program requires that grantees expend 100% of its award funds by June 20, 2012. HUD may recapture and reallocate unused HPRP funds if grantee cannot meet this requirement. C. Based upon current expenditure rates and projections as to whether each grantee can meet this requirement, the parties hereto have agreed to this amendment to decrease funding for this Subrecipient. 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 Amendment to Agreement, the parties agree as follows: 1. The Budget that is referenced in the Agreement as "Exhibit B" shall be amended and replaced with a revised Exhibit B due to this Amendment. 2. Section VI, A. "Agreement Amount" for the Homelessness Prevention grant shall be decreased by $20,000. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 1 EXHIBIT 5 25C -21 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: City Attorney By: LISA E. STORCK Assistant City Attorney CITY OF SANTA ANA PAUL WALTERS Interim City Manager SUBRECIPIENT Illumination Foundation By: Title: Tax ID: 2 EXHIBIT 5 25C -22 Final Budget (Exhibit B) Organization Name Illumination Foundation Place an X: Homelessness Prevention Rapid Rehousing Expenditures Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Garden Grove HPRP Total Program Budget 45,000 County of Orange HPRP Administration 40,000 Private donations not yet secured $ 48,647 Administrative Staff Salaries & Benefits $ - $ _ Other: List below Total Funds for the Program $ 353,647 1 $ 2 $ _ 3 $ _ 4 $ _ 5 $ _ Total $ _ $ - $ _ Housing Relocation and Stabilization Services Case Management $ 13,429 $ 25,224 $ 38,653 Outreach and Engagement $ 20,000 $ 17,885 $ 37,885 Housing Search and Placement $ 26,771 $ 54,768 $ 81,539 Legal Services $ - $ 17,885 $ 17,885 Credit Repair Counseling $ - $ 17,885 $ 17,885 Total $ 60,200 $ 133,647 $ 193,847 Financial Assistance Rental Assistance $ 135,200 $ - $ 135,200 Utility Payments $ 3,600 $ - $ 3,600 Security Deposits $ 21,000 $ - $ 21,000 Utility Deposits $ _ $ _ $ _ Moving Costs $ _ $ _ Motel /Hotel Vouchers $ _ $ _ $ _ Total $ 159,800 $ - $ 159,800 Program Total $ 220,000 1 $ 133,647 $ 353,647 LiST ALL OTHER HER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana HPRP $ 220,000 Garden Grove HPRP $ 45,000 County of Orange HPRP $ 40,000 Private donations not yet secured $ 48,647 Total Funds for the Program $ 353,647 Page 1 of 1 ExhiMC--"01 25C -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: AUGUST 24, 2011 TITLE: APPROVED AGREEMENT WITH MACADEE ❑ As Recommended ELECTRICAL CONSTRUCTION INC. ❑ As Amended FOR REWIRING STREET LIGHTS IN El Ordinance on Reading El on 2 "n d Reading OAKMONT — FAIRMONT ❑ Implementing Resolution NEIGHBORHOOD ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY-MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Macadee Electrical Construction, Inc. to rewire the streetlight system in the Oakmont — Fairmont Neighborhood for an amount not to exceed $31,135 subject to nonsubstantive changes approved by the City Manager and City Attorney (Exhibit 1). DISCUSSION The street lighting system in the Oakmont — Fairmont Neighborhood is a high - voltage system that is antiquated and obsolete. These lights are on a single wire series system that has been a constant source of maintenance problems. The unique incandescent lamp that operates with the system is no longer being manufactured. The Philips Corporation, the only remaining manufacturer of these lamps, recently stopped production of the lamps without warning. The City has a very small supply of replacement lamps and there are no more available on the market. To avoid lengthy lighting outages, the best option available at this time is to replace the system with modern street light fixtures. To install new fixtures, the neighborhood needs to be rewired to enable a modern multiple -wire 240 volt system. The intent is to use existing conduit and poles, remove the obsolete series- type wire, and install new wiring with new fixtures, ballasts, and lamps. On June 2, 2011 Requests for Proposals were mailed to 25 electrical contractors. There are no qualified contractors based in Santa Ana. 25 Requests for Proposals mailed 0 Requests for Proposals mailed to Santa Ana contractors 4 Proposals received 0 Proposals received from Santa Ana vendors 25D -1 Agreement with Macadee Electrical Construction Inc. AUGUST 24, 2011 Page 2 A total of four proposals were received on June 30, 2011. The proposers were interviewed and the proposals were evaluated by a panel comprised of representatives from the Public Works Agency using the following criteria: organizational credentials, experience, work plan, and pricing. The ratings for the four respondents are as follows: FIRM LOCATION BASE PROPOSAL RATING SCORE Macadee Electrical Contractors, Inc. Chino $22,239 1 85 Econolite Traffic Engineering & Anaheim $43,828 2 84 Maintenance, Inc. CT & F, Inc. Bell Gardens $38,494 3 79 PTM General Engineering Services, Inc. Riverside $47,147 4 53 The existing conduit is old and its condition is unknown. In addition to the base costs, proposals included hourly crew rates as a contingency for unforeseen conditions. There are no City personnel qualified or assigned to perform this work. Staff is recommending an agreement with the top -rated firm. FISCAL IMPACT Funds have been budgeted in the Street Lighting program for this project (accounting unit 01117630- 66220). The funding estimate includes the base bid of $22,239 plus $8,896 in contingencies for unforeseen circumstances. These funds are a portion of the General Fund allocation for maintenance of effort which is required for the continued receipt of gas tax and Measure M funding. V�%Li. %f/ Raul Godinez II It Executive Directo Public Works Agency RG /KW Exhibit 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: �NL1Sm�% 1--) .V _ Francisco Gutierrez Executive Director Finance & Management Services Agency 25D -2 AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES THIS AGREEMENT, made and entered into this 15`" day of August, 2011 by Macadee Electrical Construction, Inc., 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 field of street light repair and installation. B. Proposer represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall rewire the existing street light system and install new fixtures on the existing street light poles in the Oakmont — Fairmont neighborhood (hereinafter "Project "), as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSATION a. The City agrees to pay, and Contractor agrees to accept as total payment for its services, a fixed price of $22,239.00. The City has allocated an additional $8961.00 contingency amount, to be expended only at the written direction of the Executive Director of Public Works for additional services required due to unforeseen circumstances. The total sum to be expended under this Agreement shall not exceed $31,200.00 during the term of this Agreement. b. Payment to Contractor shall be made after completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and materials used in the Project. Within thirty (30) days after receipt of such report, City shall pay Contractor, 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 June 30, 2012. However, contractor shall perform all work items required by this Agreement within a period of ten (10) weeks from Agreement commencement unless terminated earlier in accordance with Section 13. 25D -3 4. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of City. Copies may be made for Contractor's records but shall not be furnished to others without written authorization from City. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship or a joint venture relationship; 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers 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 Workers 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 One Million Dollars ($1,000,000.00) per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per claim. this section: The following requirements apply to the insurance to be provided by Contractor pursuant to 25D -4 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expanded prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all cost 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, effects arising from this Agreement. City may make all reasonable decisions with respect to its representative in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of nonuse and nondisclosure shall not apply to any information that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially; 4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without reference to information disclosed by the City. 25D -5 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance if services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this section, to the following persons: To City: Clerk of the City Council City of Santa Ana P.O. Box 1988 M -30 Santa Ana, CA 92702 -1988 Fax: 714- 647 -6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M -21 Santa Ana, CA 92702 Fax: 714- 647 -5069 and: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax: 714- 647 -6515 To Contractor: Macadee Electrical Construction, Inc. 4755 Lanier Road Chino, CA 91710 Fax: 909 - 627 -3772 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 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 is not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without 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 the City personnel or by other Contractor retained by City. 13. 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 Executive Director 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 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. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in 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. 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 Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental 25D -7 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. 17. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and/or property that occur as a result of the fault or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting on their behalf in connection with the performance of this Agreement. 18. FAILURE TO PERFORM SATISFACTORILY a. Contractor acknowledges and agrees that if the Contractor fails to perform the work as specified herein, the Director, 1) will pay only for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. b. If Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and /or forfeiture for non - completion per schedule totals five percent (5 %) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and /or forfeiture for non- completion per schedule totals ten percent ( 10%) of the total contract price, this Agreement may be terminated at the City's option. In the event of termination for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to changing contractors. 19. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL - OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 20. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and /or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. 21. ACCESS TO PRIVATE PROPERTY Prior to the commencement of any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him or her of the nature of and the approximate duration of the restriction. 22. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. 23. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval. 24. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and/or extraordinary maintenance perform pursuant to this Agreement. Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Santa Ana Public Works Agency — Administration Division. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 25. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its operation, then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City to make corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred Dollars ($200.00) for each callout. 26. APPRENTICESHIP STANDARDS Where required under law, Contractor shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 27. SUBCONTRACTORS The successful proposer shall not, without the written consent of the City: a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. ul c. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (1 /2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 28. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 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 Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director, Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager MACADEE ELECTRICAL CONSTRUCTION, INC. KEVIN MC CARTHY Corporate Secretary Tax ID# 25D -10 EXHIBIT A SCOPE OF SERVICES PART 1— SCOPE OF WORK This Request for Proposal calls for the removal and replacement of the existing street light cable in the Oakmont Avenue and Fairmont Avenue Neighborhoods. This project will require replacing all the cable in the entire system with new #8 THW wire. The thirteen existing poles will be required to be rewired with new #12 THW wire, the existing fixtures removed and salvaged, replaced with new metal halide fixtures and lamps. The new fixtures may need minor modifications to fit existing pole configurations. Costs for modification shall be included in proposal amount. A new energized service pedestal has been installed. Proposer shall locate and intercept existing conduit adjacent to service pedestal and install conduits to pull box adjacent to pedestal. All costs for conduit work, including hardscape replacement, to connect to service pedestal shall be included in lump sum costs. New wire shall be placed into and connected properly in service pedestal. All work, equipment, labor and materials necessary to provide complete functioning system shall be included in the Proposal pricing. Existing globes shall be protected and reused. The neighborhood street light system was installed in the early 1920's and is obsolete. The exact condition and location of the underground conduit is unknown although the existing cable was installed 10 years ago. The City expects the existing cable to be used to pull the new wire in. Pre - lubrication of the conduits may be necessary. The City does not anticipate that much of the existing conduit will need to be repaired. All costs for conduit repair excluding materials will be included in the costs proposed for hourly work. The Oakmont Avenue and Fairmont Avenue Neighborhoods have approximately 3500 linear feet of cable: Scope of work includes the following: • Remove existing cable from conduit. • Intercept existing conduit and install new conduit to connect to new service point as shown on plan. • Re -wire system using existing conduit. • Replace any deteriorated conduit only if it is impossible to pull the new wire through. • Remove and salvage existing fixtures. • Rewire poles and install new fuses, fixtures, lamps etc. per City Standard #1126 -F. Material List: • Fixtures: ULT. M70 MLTLC3M500K 70W multi -tap ballast w /starter (26 + 2 spare) • Wire: #8 THW red, black, green / #12 THW red, black, green • Lamps: Philips CDM 70 /C/U /M MH LAMP (26 + 2 spare) • Conduit: 2" Schedule 80 PVC • Fuses: 240V l0A with holder per City Standard #1126 -F (2 per pole + 2 spare) 25D -11 PART II SPECIFICATIONS EXCAVATING AND BACKFILLING Excavating and backfilling shall conform to Section 86.2.01, "Excavating and Backfilling "of the California State Specifications (CSS) and these Special Provisions. The following paragraph shall be added to Section 86 -2.01: All excavated material in roadway shall be removed from the site and backfilied with compacted crushed aggregate base material topped with temporary asphalt concrete on the same working day as removed. A temporary alternative to backfilling, with permission of the Agency, shall be the placement of steel plates with temporary asphalt concrete ramping at edges of the steel plates. Such plating shall not be allowed for more than five (5) working days, after which backfill shall be required. Slurry backfill: Use of a one -sack cement and sand slurry provided by a commercial ready -mix concrete vendor may be permitted except in parkway areas. The slurry shall be placed monolithic from the bottom of the excavation to the bottom of the existing structural section or sidewalk; or as directed by the Agency. CONDUIT Roadway lighting conduit shall conform to the provisions in Section 86 -2.05, "Conduit ", of CSS and these Special Provisions. Roadway lighting conduit shall be schedule 80 PVC unless shown otherwise on the plans. Insulated bonding bushings will be required. All conduits, excluding SCE service conduits, shall be installed at the depth not less than 42" below finished grade in pavement areas 24" in sidewalk and parkway areas. Only when conduits are to be installed between adjacent pull boxes, from street light pole to pull box or pull box to cabinet where the in- between distance is too short to meet the 42" depth and the 45- degree sweep requirements, the conduit may be installed at lower depth but not less than 18" below finished grade. After conductors have been installed, the ends of conduits shall be sealed with industry grade sealing compound. Replace sidewalk and pavement in -kind to match existing material, color, and pattern, from score mark to score mark after pull boxes and conduit have been installed. Payment for replacement of sidewalk, pavement, hardscape and landscaping shall be included in lump sum price. All costs for potholing, trenching, boring etc shall be included in lump sum price. PULL BOXES Pull boxes shall conform to the provisions in Section 86 -2.06, "Pull Boxes" of CSS, CSP ES -8 and these Special Provisions. Notes 4(a)(5) and 4(b)(10) on CSP ES -8 shall not apply. Pull box size shall be Number 5 except where shown otherwise on the plan or as directed by the Agency. Bottoms shall be bedded in crushed rock. Pull boxes shall not be grouted. Pull boxes shall be polymer concrete reinforced with heavy -weave fiberglass. Pull box covers shall be lightweight (BES lite non - concrete, or approved equal). Pullbox lids shall be stamped "LIGHTING ". New pull boxes shall not be installed within any curb access ramp. 25D -12 CONDUCTORS Conductors shall conform to the provisions in Section 86 -2.08, "Conductors" of CSS and these Special Provisions. Wire shall be THW. WIRING Wiring shall conform to Section 86 -2.09, "Wiring ", of CSS and these Special Provisions. If necessary, multiple lighting circuit conductors can be soldered and insulated by "Method B" as shown in CSP ES -13A. Conductors No. 8 AWG or larger shall be spliced by the use of "C" shaped compression connectors and soldering. Compression -type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. PART 111. SPECIAL PROVISIONS I. SCOPE OF WORK The Request for Proposals calls for work on a historic high voltage series type street light system. The work consists of removal of existing high voltage wiring and fixtures from existing conduit and historic streetlight poles, installing new wire, ballasts and lamps and connecting to new 120/240V electrical service point. The successful Contractor will intercept existing conduit and reroute it with new conduit to new electrical service cabinet (City installed). The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ( "WATCH "). II. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director shall have the authority to accept /reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and /or forfeiture for delay be assessed; 2) direct the work be accomplished by a 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 to the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable 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 contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR 1. Local Office. The Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Contractor will not be allowed to store equipment or materials at any contracted area. 25D -13 2. Submittals. The Contractor shall submit to the Director at the beginning of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification. All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C -10 and a City of Santa Ana Business License. 5. Work Force. a. The Contractor shall ensure that all work under this Agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. The Contractor shall ensure that all work under this Agreement is performed by fully qualified, experienced personnel, directly employed by the Contractor or its listed subcontractors. All subcontractors that will perform work under this agreement shall be listed on this proposal. No other subcontractors shall be permitted without prior written consent by the Director. C. The Contractor shall be responsible for skills, methods, appearance and action of Contractor's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and /or legal residents. d. The Contractor shall perform the work provides pursuant to this Agreement under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material. The Contractor shall submit to the Director a list of all materials that the Contractor proposes to the use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this Agreement. All materials used or submitted shall be in full compliance with all federal, State, County and local agency laws guidelines and requirements 7. Recycling. All waste (including construction and demolition materials) resulting from work performed under this Agreement shall be recycled. The Contractor will be responsible for the disposal of all non - recyclable waste in accordance with all applicable local, State and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean -Up. All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service. The Contractor shall be able to receive and respond to the City's call for emergency service twenty -four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where contractor can be contacted twenty -four (24) hours per day, seven (7) days per week. 25D -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE MASTER FUNDING AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS L w- wa" 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 Authorize the City Manager and Clerk of the Council to execute the attached funding agreement with Orange County Transportation Authority for the M2 Comprehensive Transportation Funding Programs. DISCUSSION On November 7, 2006, voters approved the Renewed Measure M half -cent sales tax (M2), extending the program over a 30 -year period commencing on April 1, 2011. In addition to the original three program components, this generation of the Measure M Transportation Plan expands the program to include Environmental Cleanup and Taxpayer Safeguards and Audits. To receive revenues from the one - half -cent sales tax (M2), cities and the County of Orange must enter into an agreement to coordinate land use and transportation decisions, establish cooperative transportation planning programs with neighboring jurisdictions, develop Growth Management programs, and guarantee that transportation funds are used for transportation purposes only. The programs are designed to reduce traffic congestion, strengthen our economy and improve our quality of life by maintaining streets and roads, synchronizing traffic signals, and protecting our environment from the oily street runoff that pollutes the Orange County beaches. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25E -1 Master Agreement with OCTA for M2 Funding Programs AUGUST 24, 2011 Page 2 FISCAL IMPACT Revenues received from Measure M2 will be allocated to the projects as part of Capital Improvement Program in Fiscal Year 2011/12. r Raul Godinez II Executive Director Public Works Agency RG:kn Exhibit 1: Master Agreement with OCTA for M2 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez F6 Executive Director Finance & Management Services Agency 25E -2 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 MASTER FUNDING AGREEMENT NO. C -1 -2783 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF SANTA ANA FOR M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAMS THIS AGREEMENT is effective this day of 2011, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863 -1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), and the City of Santa Ana, 20 Civic Center Plaza, M -21, Santa Ana, CA 92702, a municipal corporation (hereinafter referred to as "AGENCY "). RECITALS: WHEREAS, Voters approved Renewed Measure M (M2) on November 7, 2006; and WHEREAS, Orange County Local Transportation Authority Ordinance No. 3 outlines the M2 Transportation Ordinance and Investment Plan to fund transportation facility and service improvement programs for a period of thirty years commencing on April 1, 2011; and WHEREAS, AUTHORITY and AGENCY agree that M2 funding is subject to AGENCY fulfilling M2 eligibility requirements; and WHEREAS, AUTHORITY's Board of Directors approved the Renewed Measure M Eligibility Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent amendments on March 14, 2011 and April 11, 2011; and WHEREAS, AUTHORITY's Board of Directors approved the Comprehensive Transportation Funding Programs (CTFP) Guidelines on March 22, 2010; and WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility Guidelines - Local Agency Preparation Manual and the CTFP Guidelines whereby the most recent Page 1 of 10 LACamnnWarvinlCooperative Agreements\CTFP Master Funding Agreement\Agreements\C -1 -2783 City of Santa Ana.d= 25E -3 MASTER FUNDING AGREEMENT NO. C -1 -2783 1 update is incorporated herein by reference; and 2 WHEREAS, AUTHORITY has approved AGENCY's competitive project(s) (hereinafter referred 3 to as "PROJECT(s) ") as specified in Attachment A "Projects List" to receive funding under the CTFP; 4 and 5 WHEREAS, AUTHORITY has determined that AGENCY's PROJECT(s) has met the 6 requirements of and is eligible under the CTFP Guidelines; and 7 WHEREAS, AGENCY's "Project List" may be amended to include new projects with each 8 competitive call for projects and will be incorporated by Letter Agreement (See Attachment B) executed 9 by both parties and incorporated herein; and 10 WHEREAS, the Letter Agreement may include additional requirements for PROJECT(s) funded 11 with sources other than M2 or Local Fair Share Net Revenues sources; and 12 WHEREAS, AUTHORITY and AGENCY agree that Local Fair Share Program Net Revenues 13 are distributed on a formula basis to eligible jurisdictions; and 14 WHEREAS, payment terms for this Master Funding Agreement will be in accordance with 15 Chapter 10 of the CTFP Guidelines; and 16 WHEREAS, this Master Funding Agreement defines the specific terms and conditions and 17 funding responsibilities between AUTHORITY and AGENCY for CTFP and Local Fair Share Program 18 Net Revenues; and 19 WHEREAS, AUTHORITY's Board of Directors approved this Master Funding Agreement on 20 June 27, 2011; and 21 WHEREAS, the AGENCY's City Council approved this Agreement on the day of 22 2011; 23 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as 24 follows: 25 ARTICLE 1. COMPLETE AGREEMENT 26 A. This Agreement, including any attachments incorporated herein and made applicable by Page 2 of 10 L:\Camm\Marvin \Cooperative Agreemenls\CTFP Master Funding Agreement \Agreements \C -1 -2783 City of Santa Ana docx 25E -4 MASTER FUNDING AGREEMENT NO. C -1 -2783 1 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this 2 agreement between AUTHORITY and AGENCY and it supersedes all prior representations, 3 understandings, and communications. The invalidity in whole or in part of any term or condition of this 4 Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above 5 referenced Recitals are true and correct and are incorporated by reference herein. 6 B. AUTHORITY'S failure to insist on any instance(s) of AGENCY's performance of any 7 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 8 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and 9 AGENCY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of 10 this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by 11 an authorized representative of AUTHORITY by way of a written amendment to this Agreement and 12 issued in accordance with the provisions of this Agreement. 13 C. AGENCY's failure to insist on any instance(s) of AUTHORITY's performance of any 14 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of 15 AGENCY's right to such performance or to future performance of such term(s) or condition(s), and 16 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any 17 portion of this Agreement shall not be binding upon AGENCY except when specifically confirmed in 18 writing by an authorized representative of AGENCY by way of a written amendment to this Agreement 19 and issued in accordance with the provisions of this Agreement. 20 ARTICLE 2. SCOPE OF AGREEMENT 21 This Agreement specifies the roles and responsibilities of both AUTHORITY and AGENCY as 22 they pertain to the subjects and projects addressed herein. Both AUTHORITY and AGENCY agree 23 that each will cooperate and coordinate with the other in all activities covered by this Agreement and 24 any other supplemental agreements, including Letter Agreements, which may be required to facilitate 25 purposes thereof. 26 / Page 3 of 10 LICammWarvin \Cooperative Agreements \CTFP Master Funding Agreement\Agreements \C -1 -2783 City of Santa Ana.docx 25E -5 MASTER FUNDING AGREEMENT NO. C -1 -2783 1 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 2 AUTHORITY agrees to the following responsibilities for funding of PROJECT(s): 3 A. AUTHORITY shall allocate M2 Net Revenues as specified in Ordinance No. 3 and pay 4 AGENCY in accordance with the policies and procedures contained in the CTFP manual and 5 AUTHORITY's Board of Directors approved PROJECT budgets. 6 B. AUTHORITY shall provide guidance and oversight of the M2, state and federal funds in 7 compliance with M2 eligibility guidelines, CTFP Guidelines, state and federal funding requirements and 8 allocation and reporting requirements. 9 C. Within thirty (30) days of receipt of an acceptable initial payment CTFP invoice and 10 within sixty (60) days for an acceptable final payment invoice for eligible expenditures, AUTHORITY 11 shall, in accordance with Chapter 10 of the CTFP Guidelines, remit to AGENCY the required 12 reimbursement for applicable planning, environmental, engineering, right -of -way and construction 13 activities. 14 D. AUTHORITY shall pay Net Revenues allocated for the Local Fair Share Program to 15 eligible AGENCY within sixty (60) days of receipt by AUTHORITY. 16 E. AUTHORITY shall process any required Federal Transportation Improvement Program 17 (FTIP) amendments, Subject to state and federal regulations and guidelines prepared by the Southern 18 California Association of Governments. 19 F. At the request of AGENCY, AUTHORITY shall, in accordance with AUTHORITY 20 specification and no cost to the AGENCY excluding installation and removal expenses, provide signage 21 for all construction PROJECT(s) that are in excess of FIVE HUNDRED THOUSAND DOLLARS 22 ($500,000) and exceed a ninety (90) day construction schedule. 23 G. AUTHORITY, or agents of AUTHORITY, may upon close -out of each PROJECT(s) 24 under this Agreement, perform an audit and or technical review to ensure that CTFP Guidelines policies 25 and procedures were followed. Such audit shall be performed within one hundred and eighty (180) 26 days of AUTHORITY receiving the final report for each PROJECT(s). If the audit or technical review Page 4 of 10 L:\CammWarvin\CooperativeAgreements\CTFP Master Funding Agreementftreements \C -1 -2783 City of Santa Ana.docx 25E -6 MASTER FUNDING AGREEMENT NO. C -1 -2783 1 determines that any of the activities performed are ineligible for CTFP funding, AGENCY must return 2 the amount of funding used to perform the ineligible activity to AUTHORITY in accordance with Article 3 4.G. 4 ARTICLE 4. RESPONSIBILITIES OF AGENCY 5 AGENCY agrees to the following responsibilities for PROJECT(s): 6 A. AGENCY or AGENCY's designee will act as the lead agency for all phases of the 7 PROJECT(s) identified in Attachment A, approved for M2 funding. 8 B. AGENCY agrees that M2 funding is subject to AGENCY meeting all of the requirements 9 outlined in the M2 Eligibility Guidelines and CTFP Guidelines. 10 C. AGENCY agrees to implement and complete PROJECT(s) funded under this 11 Agreement in accordance with the CTFP Guidelines, M2 Eligibility requirements and application 12 submitted to AUTHORITY. 13 D. AGENCY agrees to submit all PROJECT information to the Federal Transportation 14 Improvement Program and OCFundTracker during semi - annual reviews and as requested by the 15 AUTHORITY in accordance with the prescribed deadlines. 16 E. AGENCY agrees to obligate funds in the programmed year in accordance with the 17 CTFP Guidelines and adhere to any additional requirements identified in any and all Letter 18 Agreement(s) amended hereto. 19 F. AGENCY agrees to enter into and required Letter Agreement for PROJECT(s) approved 20 by the Board to define specific funding and reporting requirements. 21 G. AGENCY shall return funds expended on activities, other than those approved by the 22 AUTHORITY's Board of Directors, within thirty (30) day's of AUTHORITY's written demand. Any 23 AGENCY which uses funds for other than transportation purposes shall be deemed ineligible to receive 24 funds for a period of five (5) years. 25 H. AGENCY agrees to dispose of any acquired right -of -way in excess of the required 26 transportation use. Excess right -of -way must be identified at the time of initial payment submittal and Page 5 of 10 L \CammWlarvinZooperative Agreements\CTFP Master Funding Agreement\Agreements\C -1 -2783 City of Santa Ana.docx 25E -7 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 MASTER FUNDING AGREEMENT NO. C -1 -2783 prior to the disposal process. Resolution of any issues regarding whether or not a right -of -way is excess to the transportation improvement will be by the mutual agreement of AUTHORITY and AGENCY. Excess land acquired with CTFP funds shall be sold by AGENCY in accordance with Government Code Sections 54220 -54232 and proceeds from the sale shall be returned immediately to 1) AUTHORITY. I. AGENCY will comply with all federal, state and local laws and regulations, including the Renewed Measure M2 Eligibility Guidelines — Local Agency Preparation Manual and the CTFP Guidelines, which are incorporated herein by reference. J. AGENCY shall install and remove signage for all competitively awarded construction PROJECT(s) that are in excess of $500,000 and exceed a 90 day construction period in accordance with AUTHORITY specifications during construction period. AGENCY may request AUTHORITY furnished signage or it may choose to provide AGENCY furnished signage so long as said signage conforms to AUTHORTY specifications as follows: Signage shall include a Measure M2 logo that is a minimum of twelve inches (12 ") tall, an OCTA logo that is a minimum of three inches (3 ") tall (image files provided by OCTA upon request), verbiage stating "Street Improvements Funded by Measure M" in Myriad Pro, bold condensed font at two hundred and fifty six (256) pt. and "Your dollars at Work" in Myriad Pro, bold condensed font at one hundred and eighty (180) pt. ARTICLE 5. DELEGATED AUTHORITY The actions required to be taken by AGENCY in the implementation of this Agreement are delegated to its Executive Director of Public Works, or his/her designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer. ARTICLE 6. AUDIT AND INSPECTION AUTHORITY and AGENCY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, Page 6 of 10 LACammWarvinlCooperative Agreements%CTFP Master Funding AgreemenhAgreements\C -1 -2783 City of Santa Ana.docx 25E -8 MASTER FUNDING AGREEMENT NO. C -1 -2783 1 accounts, and other data and records of AGENCY for a period of four (4) years after final payment, or 2 completion of audit by the AUTHORITY, or after final payment of debt service where local fair share 3 revenues were pledged, whichever is longer. For purposes of audit, the date of completion of any 4 project funded through this Agreement shall be the date of AUTHORITY's payment of AGENCY's final 5 billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the right to reproduce 6 any such books, records, and accounts. The above provision with respect to audits shall extend to 7 and/or be included in contracts with AGENCY's contractor(s). 8 ARTICLE 7. INDEMNIFICATION 9 A. AGENCY shall indemnify, defend and hold harmless AUTHORITY, its officers, directors, 10 employees and agents from and against any and all claims (including attorney's fees and reasonable 11 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's 12 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the 13 negligent acts, omissions or willful misconduct by AGENCY, its officers, directors, employees or agents 14 in connection with or arising out of the performance of this Agreement. 15 B. AUTHORITY shall indemnify, defend and hold harmless AGENCY, its officers, directors, 16 employees and agents from and against any and all claims (including attorney's fees and reasonable 17 expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, worker's 18 compensation subrogation claims, damage to or loss of use of property alleged to be caused by the 19 negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees or 20 agents in connection with or arising out of the performance of this Agreement. 21 C. The indemnification and defense obligations of this Agreement shall survive its 22 expiration or termination. 23 ARTICLE 8. ADDITIONAL PROVISIONS 24 A. Term of Agreement: This Agreement shall continue in full force and effect through final 25 acceptance of PROJECT by AUTHORITY, or until March 31, 2041 whichever is later. This Agreement 26 may be extended at the mutual consent of both parties Page 7 of 10 L:ICammUvlarvin \Cooperative Agreements\CTFP Master Funding AgreementlAgreemeMslG1 -2783 City of Santa Ana.docx 25E -9 MASTER FUNDING AGREEMENT NO. C -1 -2783 1 B. Termination: This agreement is null and void if PROJECT is not awarded. However, 2 AUTHORITY agrees to reimburse AGENCY for any costs incurred up to the official date of notification 3 to AGENCY that PROJECT will not be awarded. 4 C. AUTHORITY and AGENCY shall comply with all applicable federal, state, and local 5 laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the 6 PROJECT(s). 7 D. Legal Authority: AUTHORITY and AGENCY hereto consent that they are authorized to 8 execute this Agreement on behalf of said parties and that, by so executing this agreement, the parties 9 hereto are formally bound to the provisions of this Agreement. 10 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be 11 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the 12 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or 13 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 14 F. Counterparts of Agreement: This Agreement may be executed and delivered in any 15 number of counterparts, each of which, when executed and delivered shall be deemed an original and 16 all of which together shall constitute the same agreement. Facsimile signatures will be permitted. 17 G. Force Maieure: Either Party shall be excused from performing its obligations under this 18 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable 19 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; 20 commandeering of material, products, plants or facilities by the federal, state or local government; 21 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of 22 such cause is presented to the other Party, and provided further that such nonperformance is 23 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. 24 H. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or 25 authority hereunder may be assigned in whole or in part by either Party without the prior written consent 26 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed Page 8 of 10 LACammWarvin \Cooperative Agreements%CTFP Master Funding AgreementWgreements\C -1 -2783 City of Santa Ana.docx 25E -10 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 MASTER FUNDING AGREEMENT NO. C -1 -2783 void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. I. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state or federal law. J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. K. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing party. L Notices: Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: i _ To AGENCY: To AUTHORITY: � City of Santa Ana Orange County Transportation Authority 20 Civic Center Plaza, M -21 550 South Main Street Santa Ana, CA 92702 P.O. Box 14184 Orange, CA 92863 -1584 ATTENTION: Raul Godinez II, Executive Director ATTENTION: Marvin Cruz, Senior Contract of Public Works Administrator Tel: (714) 647 -5654 Tel: (714) 560 — 5568 Email: rgodinezO-)santa- ana.ora Email: M2n&C�.octa.net Page 9 of 10 LACammWlarvin\Cooperative Agreements\CTFP Master Funding Agreement\Agreements \C -1 -2783 City of Santa Ana.docx 25E -11 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 MASTER FUNDING AGREEMENT NO. C -1 -2783 This Agreement shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -1 -2783 to be executed on the date first above written. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: Miguel A. Pulido Will Kempton Mayor Chief Executive Officer ATTEST: APPR ED AS TO FORM: By: By; Maria D. Huizar Kennard R. Smart, r. City Clerk General Counsel APPROVED AS TO FORM: APPROVAL RECOMMENDED: AGENCYAttorneyri t By:— By: v Joseph Straka Interim City Attorney Dated: Kia Mortazavi Executive Director, Planning Dated: Page 10 of 10 LACammWtarvinlCOOperative Agreements\CTFP Master Funding AgreemenhAgreements\C -1 -2783 City of Santa Ana.docx 25E -12 AGREEMENT NO. C -1 -2783 ATTACHMENT A M2 CTFP MASTER FUNDING AGREEMENT City of Santa Ana - Project List Project Description CTFP Amount SLPP Amount Programmed Fiscal Year Board Date Letter Agreement No. Bristol Street Widening - 3rd Street to Civic Center Drive Construction $3,120,000.00 $3,120,000.00 2011 -12 6/27/2011 1 Bristol Street Widening - Washington Avenue to 17th Street (Engineering) $120,000.00 $0.00 2011 -12 6127/2011 Grand Avenue Widening - First Street to Fourth Street (Construction) $1,040,000.00 $0.00 2012 -13 6/27/2011 25E -13 AGREEMENT NO. C -1 -2783 ATTACHMENT B OCTA June 27, 2011 AFFILIA iED AGENCIES Orange County Transit D,,,t -f Local Transportation Authority Service Authanry for Froewa7 Emergencies Consol.datarl Transportalion Service Agency Congestion Management Agency Service Aafttority fur Abandoned Vehicles City of Santa Ana 20 Civic Center Plaza — M21 P.O. Box 1988 Santa Ana, CA 92702 Subject: Agreement No. C -1 -2783, City of Santa Ana, "M2 CTFP Master Funding Agreement" — Letter Agreement No. 1 Dear Mr. Putido: This letter agreement serves as the Orange County Transportation Authority's (Authority) approval to incorporate Attachment A, in its entirety, as identified in Article 3. A, "Project List and Reporting Requirements ", dated and effective June, 27, 2011 attached hereto as Attachment A, which is incorporated and made a part of the Agreement. All provisions set forth in Cooperative Agreement No. C -1 -2783 apply. The Authority's Board of Directors approved the Project(s) on June 27, 2011. The following additional Provisions apply to Project(s) approved by the Board on June 27, 2011: 1. For project(s) granted State -Local Partnership Program (SLPP) funds, the project is subject to additional reporting and allocation procedures identified in the 2010 Call for Projects — Regional Capacity Program State -Local Partnership Program (SLPP) Requirements. Request for California Transportation Commission (CTC) allocation documents must be submitted to OCTA Local Programs no later than September 1, 2011. Additional requirements include: a. Submittal of the California Environmental Quality Act (CEQA) environmental document to the CTC for consideration of funding no later than September 1, 2011. b. 100% design completion. c. Right -of -Way Certification approval by the California Department of Transportation (Caltrans) by September 1, 2011, in accordance with the California Department of Transportation (Caltrans) Local Procedures Manual (L APM) Chapter 13. 2. The Agency agrees that SLPP funds are for construction phase work only. Cost savings realized in construction phase must be applied proportionately. Reprogramming of SLPP funds to other phases is not allowable. 3. The Agency is responsible for preparing and submitting to Authority all the CTC documentation needed including CEQA documentation for the Authority SLPP program of projects project nomination, baseline agreement, and allocation request three months prior to the required CTC meeting or in accordance with Item 1. 4. The Agency agrees that allocation approval or Letter of No Prejudice (LONP) approval from CTC is required prior to contract award and expenditure of funds. CTC allocation is currently expected in January 2012. 5. The Agency may advertise at its own risk for construction following completion of the required tasks in Item 1 but may not award a contract until either the allocation or LONP request is approved by the CTC. Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 /Orange /California 92863 -1584 / (714) 560 -OCTA (6282) 25E -14 AGREEMENT NO. C -1 -2783 ATTACHMENT B 6. The Agency agrees that contract must be awarded within six months following the CTC allocation of funds or CTC approval of a LOW If contract award is not possible within 6 months of allocation, Agency must immediately notify Authority and must notify Authority within 4 months of either LONP or allocation approval in order to be eligible to receive an extension for contract award. 7. The Agency agrees that unless noted in the allocation request, the project will be complete no later than 36 months following contract award for construction. 8. The Agency agrees that construction funds expire 36 months after the contract award date, unless extended by the CTC. 9. The Agency agrees to provide copies of all contractor contracts, invoices, and cancelled checks to Authority on a quarterly basis and any additional information required in accordance with invoicing requirements as outlined in the Caltrans LAPM Chapter 5. 10. The Agency agrees to follow procurement guidelines in the LAPM Chapter 15 and 16. 11. The Agency is responsible for submitting the required information for the quarterly reports to Authority at least 1 week prior to the due date required by Caltrans and a Caltrans Final Delivery Report to Caltrans within six months of project construction completion and the project becoming operable. 12. The Agency agrees that SLPP funded projects are subject to Caltrans audit within six months following submittal of the Final Delivery Report. If you have any questions, you may contact Marvin Cruz at 714- 560 -5568, m cruz()octa. net. Please execute this letter agreement and return the signed original to the attention of Marvin Cruz. Kia Mortazavi Executive Director, Planning Orange County Transportation Authority Meena Katakia Department Manager Orange County Transportation Authority Accepted and Agreed Miguel A. Pulido Mayor of Santa Ana c: - Roger Lopez, Adriann Cardoso, Abbe McClenahan - Accounting - Contract File Enclosure 25E -15 25E -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE AGREEMENTS WITH REPUBLIC ITS, INC. TO PROVIDE AND INSTALL LED STREET LIGHTS AND SOUTHERN CALIFORNIA EDISON TO PROVIDE NO -COST FUNDING FOR LED STREET LIGHTS 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 the attached agreements with: • Republic ITS, Inc. to provide and install 253 LED streetlights for an amount not to exceed $162,000 (Exhibit 1). Southern California Edison to provide no -cost funding through On -Bill Financing for the LED streetlights, subject to nonsubstantive changes approved by the City Manager and City Attorney (Exhibit 2). DISCUSSION The City owns 1,777 street lights that are operated and maintained by the Public Works Agency. Conventional high - pressure sodium lamps are used in a majority of the street lights. In an effort to reduce energy costs, staff has installed 25 energy efficient LED street lights in two pilot programs on arterial streets in the city. The pilots have been successful in producing an average energy savings of 66 percent. As a result of the findings identified in the pilot projects, staff developed a project to replace 253 City -owned street lights on Main Street and Edinger Avenue with energy- efficient LED street lights. Staff investigated funding sources and submitted an application to have this project funded through Southern California Edison's (SCE) new On -Bill Financing program. The On -Bill Financing program issues zero percent financing for approved energy reduction projects. The costs are repaid from energy savings over a period of ten years. 25F -1 Agreements to Provide, Install and Fund LED Street Lights AUGUST 24, 2011 Page 2 The original project estimate of $188,964 was approved by SCE for the program with SCE energy efficiency incentives of $16,844 with the remainder of $172,120 to be funded through the On Bill Financing program. SCE has provided a summary of the Project/Loan Terms and Calculations for each portion of the project (exhibits 3 -16). These calculations are based on the original project estimates. However, the successful proposal came in significantly lower at $161,920. Based on this lower project cost, SCE energy efficiency incentives will equal $14,388. The remainder of $147,532 will be financed through the On Bill Financing program. Based on SCE's and staff's cost calculations, no City funds will be needed to complete the project. On May 3, 2011 Requests for Proposals were mailed to 12 streetlight suppliers and contractors. 12 Requests for Proposals mailed 0 Requests for Proposals mailed to Santa Ana vendors 4 Proposals received 0 Proposals received from Santa Ana vendors Twelve proposals were issued and four were received. As LED streetlights are a specialized industry, there are no qualified firms in Santa Ana producing LED streetlights. Two of the four proposals received met the eligibility criteria for the On -Bill Financing. Two fixtures from each of the two successful proposers were installed on City light poles and tested by City staff. Leotek GreenCobra fixtures (proposed by Republic ITS Inc., the top -rated proposer) produced an average energy savings of 55 percent over the existing lights. They also provide more visible light than conventional street lights. These lights are expected to have a useful life of over 15 years. Replacement of the existing high - pressure sodium lamps with energy efficient LED street lights will reduce the City's estimated annual energy consumption by 179,851 kWh and energy costs by approximately $14,747.79 at the current energy rate. ENVIRONMENTAL IMPACT Installation of the LED street lights will reduce the City's carbon footprint by 124 metric tons of CO2, which is the equivalent of removing 24.3 passenger vehicles from the road. 25F -2 Agreements to Provide, Install and Fund LED Street Lights AUGUST 24, 2011 Page 3 FISCAL IMPACT This project is 100 percent funded through Southern California Edison's On -Bill Financing program. There is no fiscal impact expected with the execution of the agreements. RauFGodinez II Executive Director/ Public Works Agency RG /KW Exhibits: 1. Agreement with Republic ITS, Inc. 2. OBF Agreement with SCE 3 -16. Project/Loan terms and Calculations 25F -3 25F -4 AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT, made and entered into this 15`" day of August, 2011 by Republic Intelligent Transportation Systems, Inc., 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 field of energy efficient LED street lights. B. Proposer represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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: SCOPE OF SERVICES Contractor shall remove and dispose of the existing street light fixtures and acquire, install and performance test new LED energy efficient fixtures on the existing street light poles in the City of Santa Ana shown on Exhibit A, attached hereto and incorporated by this reference (hereinafter "Project "). Said Project will be completed in accordance with the terms, conditions and specifications, as set forth in Exhibit B, attached hereto and incorporated by this reference. 2. COMPENSATION a. The City agrees to pay, and Contractor agrees to accept as total payment for its services, a fixed price of $640.00 per replaced fixture. The total sum to be expended under this Agreement shall not exceed $162,000.00 during the term of this Agreement. b. The Project is funded through the Energy Management Solutions Agreement between City and Southern California Edison (SCE). Payment to Contractor shall be made after completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and materials used in the Project. Within thirty (30) days after receipt of such report, and receipt of payment by SCE, City shall pay Contractor, 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 June 30, 2012, unless terminated earlier in accordance with Section 13, below. However, contractor shall perform all work items required by this Agreement within the schedule approved by the Executive Director of Public Works. 25F -5 4. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all maps, drawings, plans, graphs, letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of City. Copies may be made for Contractor's records but shall not be furnished to others without written authorization from City. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by City. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship or a joint venture relationship; 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers 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 Workers 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 One Million Dollars ($1,000,000.00) per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000.00) per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 2 25F -6 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of Insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expanded prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: 1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement: and 2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all cost 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, effects arising from this Agreement. City may make all reasonable decisions with respect to its representative in any legal proceeding. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of nonuse and nondisclosure shall not apply to any information that 1) has been disclosed in publicly available sources; 2) is, through no fault of the Contractor, disclosed in a publicly available source; 3) is in rightful possession of the Contractor without an obligation of confidentially; 4) is required to be disclosed by operation of law; or 5) is independently developed by the Contractor without reference to information disclosed by the City. 25F -7 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance if services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this section, to the following persons: To City: Clerk of the City Council City of Santa Ana P.O. Box 1988 M -30 Santa Ana, CA 92702 -1988 Fax: 714- 647 -6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M -21 Santa Ana, CA 92702 Fax: 714- 647 -5069 and: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax: 714- 647 -6515 To Contractor: Republic ITS, Inc. James A. Wagner 1266 N. La Loma Circle Anaheim, CA 92806 Fax: 714 - 630 -2828 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 Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict 4 25F -8 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 or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without 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 the City personnel or by other Contractor retained by City. 13. 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 Executive Director 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 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. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in 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. 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. 25F -9 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of services hereunder and required by the laws and regulations of the United Sates, 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. 17. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and /or property that occur as a result of the fault or negligence of said Contractor or its subcontractors, agents, employees, or other persons acting on their behalf in connection with the performance of this Agreement. 18. FAILURE TO PERFORM SATISFACTORILY a. Contractor acknowledges and agrees that if the Contractor fails to perform the work as specified herein, the Director, 1) will pay only for the amount of service received as determined by the Director with an appropriate downward adjustment in contract price, or 2) may have such required work done by City forces or otherwise, and charge the cost thereof to the Contractor. Such adjustments will be the estimated cost for performance by City forces plus City overhead and will include overtime pay as required to complete work. b. If Contractor performs the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and /or forfeiture for non - completion per schedule totals five percent (5 %) of the total contract price, the City shall notify the Contractor of such noncompliance. If the Contractor continues to perform the work in such a manner that the amount of payment withheld due to substandard performance, nonperformance and /or forfeiture for non - completion per schedule totals ten percent (10 %) of the total contract price, this Agreement may be terminated at the City's option. In the event of termination for unsatisfactory performance, the original Contractor shall reimburse the City for damage accrued due to changing contractors. 19. SAFETY REQUIREMENTS All work performed under this contract shall be performed in such a manner as to provide required maximum safety to the public and where applicable, comply with all safety standards required by CAL - OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. 20. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. 6 25F -10 21. UTILITIES Contractor shall immediately report any damage to utility lines that occurs shall immediately report to the utility company that is involved. The cost of repair, if required, will be at the Contractor's expense. If damage occurs to any adjacent shrubs or trees that are to remain on the site, immediate treatment or necessary replacements of the same shall be at the Contractor's expense. 22. ACCESS TO PRIVATE PROPERTY Prior to the commencement of any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him or her of the nature of and the approximate duration of the restriction. 23. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall be responsible for the protection of all improvements adjacent to the work, such as sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. 24. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval. 25. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and/or extraordinary maintenance perform pursuant to this Agreement. Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Santa Ana Public Works Agency — Administration Division. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 26. WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT Should the Contractor fail to correct deficiencies or public nuisances that have been created because of its operation, then such deficiency or public nuisance will be considered to be of an emergency nature and cause the City to make corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred Dollars ($200.00) for each callout. 7 25F -11 27. APPRENTICESHIP STANDARDS Where required under law, Contractor shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 28. SUBCONTRACTORS The successful proposer shall not, without the written consent of the City: a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. c. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (1 /2) of one (I) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 29. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this agreement. /// /// %// I/% 25F -12 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 am Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director, Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager REPUBLIC INTELLIGENT TRANSPORTATION SYSTEMS, INC. JAMES A. WAGNER Vice President Tax ID# 0 25F -13 AV SS3adAO at W z 1S NIVW 0 _ w - tir is 3MOWVDAS L I F x - o 2 E u Z rk(, 9-.- c ) $ LL l Q • � AVMUVONe 1S 3ldVW . c fir( I • S 1S Holt 1S HOHIG b �_1 n � W�_ZC�WGC 8;b i • i Q�W i ULS Ssoa 'a x r I' W IS SSON z - -' c W W ` AV SS3N NVA JSSMNVA AV SS3adAO at W z 1S NIVW 0 _ w - tir is 3MOWVDAS L I F x - o 2 E u Z rk(, 9-.- c ) $ LL l Q • � H AVMUVONe 1S 3ldVW . c fir( I • S 1S Holt 1S HOHIG b �_1 n co o i c `y 8;b i • i i ULS Ssoa 'a 0: r I' W IS SSON z - -' c W ti5 � I ` AV SS3N NVA JSSMNVA AV T 7f 1S NOlaVd Ti 'y . i 1S NO-L Vd T x ii= lS A3SNaV'J W s Z 1S A3SNaVC W r H <r la c 1S 3ldVW S AV 30NVHO <r la c U) C-4 JNJI 25F -15 L d01 I El oz Z<.Z IS NIVW co zowH= S NIVW 77 IS NIVW IS NIVW x X LLJ C4 U) C-4 JNJI 25F -15 L d01 I El oz IS NIVW IS NIVW co S NIVW 77 IS NIVW IS NIVW x C4 U) C-4 JNJI 25F -15 L d01 I oz IS NIVW co IS NIVW 77 IS NIVW IS NIVW x U) C-4 JNJI 25F -15 co IS NIVW IS NIVW x U) C-4 JNJI 25F -15 W 1 ul 0 IX LU 0 2 ..._.. 0. IL 0 IS NlVW 2<-z NIVW > IS NlVW NIV7W� wom�= —7 -7 z IS NlVW 0 Is j ti F_ X ui W 1 ul 0 IX LU 0 2 ..._.. 0. IL 0 IS NlVW NIVW > IS NlVW NIV7W� > —7 -7 z IS NlVW 0 Is j ti F_ W 1 ul 0 IX LU 0 2 ..._.. 0. �7 0 0 NIVW > IS NlVW NIV7W� LL x Xo 0 > 0 uj ':- E ti ,4 1 ul 0 IX LU ..._.. 0. 25F -16 EXHIBIT B SCOPE OF SERVICES I. SCOPE OF WORK The Request for Proposals calls for removal and disposal of existing luminaries; furnishing and installing new LED street lights and all testing, including photometric, to prove that furnished luminaries perform as specified. The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ( "WATCH "), transportation, hauling, dumping, and recycling of removed material as part of this project. The City reserves the right to salvage existing luminaries. All salvaged luminaries shall be delivered to the City Corporate Yard at no cost to the City. II. FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and/or forfeiture for delay be assessed; 2) direct the work be accomplished by a 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 to the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable 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 contract by the Proposer, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR 1. Local Office Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and authorized to discuss matters pertaining to this contract with the Director. Contractor will not be allowed to store equipment or materials at any contracted area. 2. Submittals Contractor shall submit to the Director at the beginning of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as 10 25F -17 necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification All vehicles and equipment on the project site shall be properly marked with company identification. 4. Licenses and Permits Contractor shall, for the entire term of this Agreement, possess all licenses and permits required for the performance of the work required by this Agreement, including but not limited to State License C -27, a City of Santa Ana Business License, and a C -10 Electrical License. 5. Work Force a. Contractor shall ensure that all work under this agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. Contractor shall ensure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by Contractor or its listed subcontractors. All subcontractors that will perform work under this agreement shall have been listed on Contractor's proposal. No other subcontractors shall be permitted without prior written consent by the Director. c. Contractor shall be responsible for skills, methods, appearance and action of Contractor's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and /or legal residents. d. Contractor shall perform the work provided for in this Agreement under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material Contractor shall submit to the Director a list of all materials that it proposes to use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall be in full compliance with all federal, State, County and local agency laws, aws guidelines and requirements. 11 25F -18 7. Recycling All waste (including construction and demolition materials) resulting from work performed under this contract shall be recycled. The Contractor will be responsible for the disposal of all nonrecyclable waste in accordance with all applicable local, State and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean -Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service The Contractor shall be able to receive and respond to the City's call for emergency service twenty -four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor shall provide the City with a local telephone number where Contractor can be contacted twenty -four (24) hours per day, seven (7) days per week. PART III. SPECIAL PROVISIONS Contractor shall remove and dispose of the existing street light luminaries attached to the 253 street light poles marked on Exhibit A, attached hereto. Then Contractor shall replace those luminaries with 253 Leotek modet #GCl- 80E- MV- NW -3 -GY -350 LED street light luminaries. Said replacement luminaries shall be provided at Contractor's expense. 12 25F -19 25F -20 Southern California Edison On -Bill Financing Agreement sourwun (A[I[Ounu Ej EDISON Southern California Edison Form# 14 -791 6/2010 Agreements to Provide4V 22 Jund Exhibit 2 LED Street Lights L7 On -Bill Financing Agreement This On -Bill Financing Agreement to ( "OBF Agreement ") is entered into on 20 (the "Effective Date ") by and between the undersigned customer ( "Customer ") and Southern California Edison Company ( "SCE ") (each a "Party," collectively the "Parties "). Recitals 1. Customer and SCE entered into the Energy Management Solutions Incentives Application for Business Customers on or about , 20_ and if applicable, the Customized Solutions Agreement (individually or collectively referred to as "EMS Agreement "), which is /are attached hereto and incorporated herein by reference 2. Customer owns, leases or rents the property listed in the EMS Agreement as the Site and maintains a service account with SCE for electric service. Customer has completed installation of certain energy efficient equipment ( "Equipment ") at the Site as set forth in the EMS Agreement and has accepted the equipment as being operational and in good working order. 3. In Decision 09 -09 -047, the California Public Utilities Commission authorized SCE to provide zero percent interest financing for the installation of certain energy efficient equipment, which is to be repaid over a specified period through the Customer's electric utility bill ( "On -Bill Financing "). 4. Customer desires to enter into this OBF Agreement in order to participate in SCE's On -Bill Financing program and Customer agrees to repay SCE the Amount Financed (as defined under "Loan Terms ", below) through the Customer's SCE utility bill pursuant to the terms and conditions of this OBF Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Terms and Conditions Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF Agreement without definition shall have the same meanings as are set forth in the EMS Agreement. Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for the Amount Financed to Customer or to a third -party payee designated by Customer under the Loan Terms, below. Customer's designation of a third -party payee may not be changed or revoked. Loan Terms: Amount Financed "Amount Financed" $ .00 Interest Rate: 0% Fees: 0 Months to Pay: Monthly Payment: $ Service Account to be Billed: Designated Third-P rty Payee if an : Address of Designated Third -Part Payee: Southern California Edison 25F -22 Form# 14 -791 6/2010 Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments as set forth in the section above (Customer's "Loan Obligation "). The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on Customer's SCE utility bill for the Service Account listed above. Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled "EE OBF Installment Charge" on the monthly SCE utility bill for Customer's Service Account. Customer may pay the Loan Obligation in the monthly installments or pre -pay the Loan Obligation in one lump sum without penalty, but pre - payments for less than the remaining balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill for the number of months set forth above, or until the Loan Obligation is paid in full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the SCE utility bill. Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any given month, payment arrangements may be made at SCE's sole discretion. Any partial payments will be applied in equal proportion to the energy charges and the Loan Obligation, and the Customer will be considered to be delinquent and in default of both the energy bill and the Loan Obligation. Late Payments: No late payment charges or interest will be assessed for delinquent payments on the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy charges pursuant to SCE's Rule 9 which is incorporated herein by reference. Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any check returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to any forms of payment that are subsequently dishonored. Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due under each SCE utility bill to the Customer's Service Account, and a default under this OBF Agreement will be treated as a default under the Customer's Service Account. Customer's Loan Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF Agreement shall constitute a breach under all of the above referenced agreements. For purposes herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the Equipment, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account, or (4) otherwise breaches this OBF Agreement and /or the EMS Agreement, and the breach is not cured as specified therein. Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth in this section shall not be subject to any additional cure period. Following a breach as set forth in this section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation immediately due and payable. Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated to, file a UCC -1 ( "Financing Statement ") against the Equipment to secure Customer's obligation to repay the Amount Financed. Customer agrees to execute any and all documents in connection with the Financing Statement in order for SCE to perfect its security interest in the Equipment. Customer agrees that SCE is not waiving any of its rights of recovery as against the Customer should SCE elect to file a Financing Statement. Southern California Edison 25F -23 Form# 14 -791 6/2010 Confession of Judgment: Customer irrevocably authorizes and empowers SCE and SCE's attorneys, upon breach and default by Customer as described in the preceding section, to appear in any state or federal court in Los Angeles County, California, as Customer's attorney -in -fact and confess judgment against Customer by entry of a confession of judgment pursuant to Code of Civil Procedure § 1132 et. seq., or by any other appropriate means, for the full amount due plus all costs of collection, including without limitation court costs and reasonable attorneys' fees. No single exercise of the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as SCE may elect until all amounts owing under this OBF Agreement have been paid in full. Modification: Any change to this OBF Agreement must be in writing and signed by Customer and SCE; except that during any given month, if Customer is unable to make full payment on the Loan Obligation, payment arrangements may be made at SCE's sole discretion without modifying this OBF Agreement in writing. Any written modification or amendment will not be effective unless and until signed by SCE or such condition is waived by SCE in its sole and absolute discretion. Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS Agreement run concurrently. Therefore, the OBF Agreement shall continue into effect until the Loan Obligation is paid in full. Assignment: Notwithstanding anything to the contrary in the Agreement, Customer may not assign its rights or delegate its duties under the Agreement. Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this OBF Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further represents and warrants that if it is a legal entity, it is in good standing in its state of formation. Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants, representations, warranties, agreements and conditions of the EMS Agreement shall remain unchanged and in full force and effect. Should a conflict exist between this OBF Agreement, the EMS Agreement and the documents incorporated by reference, this OBF Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced in all respects according to, the laws of the State of California. This OBF Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. If any one or more of the provisions contained in this OBF Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then this OBF Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had never been contained herein and all other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and binding on the parties. The Recitals set forth above are hereby incorporated herein by reference. Southern California Edison [Remainder of page intentionally left blank] 25F -24 Form# 14 -791 6/2010 IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date. Customer: Authorized Representative: Title: Signature: Date: Business Address: Telephone No. Fax No. E -Mail Address: Southern California Edison Southern California Edison Company: Authorized Representative: Title: Signature: Date: Business Address: Telephone No. Fax No. E -Mail Address: 25F -25 Form# 14 -791 6/2010 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston OBer Manager, Financial Solutions Elemenl Customer Energy EI(rciency & Solar Division Soulhern California Edison, an Edison International Company Completion DatelTime: 2/16/112:32 PM Universal Project Number: Customer Number: Service Account Number: OBF Application Receipt Date PSAP -10- 004891 1- 000 -0071 -30 3 -001- 3272 -71 11/l/2010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: S. ROSS/ EDINGER LED Address: 1504 1/2 S ROSS ST City, CA Zip: SANTA ANA, CA 92707 r— —ESTIMATED LOAN TERMS"' ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT 1_TC1 completed as of 2/16/11 due to recently collected and approved to rate, therefore, this loan app will be not be Wait-Listed as per program management. PROJECT ECONOMIC SUMMARY ox EXPLAN�TIQ�' % IjTotal�electncity charges divided by the amount of electricity purchased 1 A � ) AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents /kWh) $0.0820 during previous 12 months _JI B.) ENERGY EFFICIENCY PROJECT SAVINGS B.1. Estimated Annual Kilowatt Hour Savings (kWh) 15.812.00 For Customize, from OBF Application, calculated b Customer For Express Pending, SCE calculations based on by Maas solution code B.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 1.296.58 Ann KWh savings x ave rate = $$ savings B.3. Estimated Monthly Dollar($) Savings (B.2 / 12) $ 108.05 (Monthly $ savings �_ C.) COSTS C.1. Estimated Total Project Cost 13,230.00 From OBF Application C.2. Estimated Total Rebate /Incentive 790.60 From OBF Application C.3. Estimated Potential Loan Amount (Net Amount) $ 12,439.40 Maximum eligible loan amount D.) LOAN ._. D.1. Net Amount for Potential Financing $ - 12,439.40 C.3 D.2. Monthly Loan Repayment Amount 108.05 6.3 D.3. Estimated loan term (Months) 115.1 Time required to repay loan - months DA. Estimated loan term (Years) 9.6 Time required to repay loan -years E.) LOAN LIMIT TESTS E.I. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E, 1.1 Market Segment Minimum /Maximum Loan Amount $ 1,000,000.00 Min/Max loan amount per service account E.1.2.Within Market Segment Limit? Y Is D.1 within loan amount limits Y /N? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Segment Length of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? E.4. Expected Useful Life IEUL)' Loan Length Limit Test E.4.1. Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E.S. EXCEPTION ANALYSIS (If Test 1 and/or Test 2 yields a "No ".) E.5.1. Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 3 LED Street Lights 25F-26 Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1. - E.2.3. Y /N? 120 CIA = 60 G&1=120 Y Is D.3 within limit Y /N? EUL of measure with greatest kWh contribution 144 Y Is D.3 within limit Y /N? 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 3 LED Street Lights 25F-26 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston C.1. Estimated Total Project Cost Offer Manager, Financial Solutions Element From OBF Application Customer Energy Efficiency 8 Solar Division 1,040.25 Southern California Edison, an Edison International Company CompletionDatelTime: X161113:041PM $ 18,804.75 Universal Project Number: PSAP -10- 004891 Customer Number: 1- 000 - 0071 -30 Service Account Number: 3- 001- 3272 -76 OBF Application Receipt Date: 11/112010 Project Type(s) : Market Segment: Business Name: Reference Name: Address: City, CA Zip: Customized Govt & Inst CITY OF SANTA ANA S. SHELTON / EDINGER LED 1501 1/2 S SHELTON ST SANTA ANA, CA 92707 PROJECT ECONOMIC SUMMARY I ­ESTIMATED LOAN TERMS"' I ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2/16111 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait- Listed as per program management Total electricity charges divided by the amount of electricity purchased A.) AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents/kWh) $0.0820 during previous 12 months B.) ENERGY EFFICIENCY PROJECT SAVINGS B.1. Estimated Annual Kilowatt Hour Savings (kWh) 20,805.00 For Customize, from OBF Application, calculated b Customer For Express Pending, SCE calculations based on Meas solution code B.2. Estimated Annual Dollar($) Savings (B.1 x A) B.3, Estimated Monthly Dollar($) Savings (B.2 / 12) $ 1,706.01 JAnn KWh savings x ave rate = $ savings $ 142.17 IMonthly $ savings C.) COSTS C.1. Estimated Total Project Cost 19,845.00 From OBF Application C.2. Estimated Total Rebate /Incentive 1,040.25 From OBF Application C.3. Estimated Potential Loan Amount (Net Amount) $ 18,804.75 Maximum eligible loan amount D.) LOAN D.1. Net Amount for Potential Financing $ 18,804.75 C.3 D.2. Monthly Loan Repayment Amount 142.17 B.3 D.3. Estimated loan term (Months) 132.3 Time required to repay loan - months D.4. Estimated loan tens (Years) 1 .0 Time required to repay loan - years E.J LOAN LIMIT TESTS E.I. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E.1.1 Market Segment Minimum /Maximum Loan Amount $ 1,000.000.00 Min /Max loan amount per service account E. 1.2.Within Market Segment Limit? Y Is D.1 within loan amount limits Y /N? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Segment Lenath of Loan Test E.3.1.Markel Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? E.4. Expected Useful Life (EUL)' Loan Lenath Limit Test E.4.1, Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E 5 EXCEPTION ANALYSIS (If Test 1 and/or Test 2 Yields aE S EXCEPTION ANALYSIS (If Test and/or Test 2 Yields a " Pao ) E.5.1. Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1. < E.2.3. Y /N? 120 CIA =60 G&1 =120 Is D.3 within limit Y /N? 144 EUL of measure with greatest kWh contribution Y Is D.3 within limit Y /N? $ 142.17 17,060.10 120 10 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time An EUL for each energy eficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 4 LED Street Lights 25F -27 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingslon Offer Manager, Financial Solutions Element Customer Energy Efficiency &Solar Division Southem California Edison, an Edison /ntemahonal Company Completion Daterrime: 2/16/11 3:48 PM Universal Project Number: PSAP -10- 004891 Customer Number: 1- 000 - 0071 -30 Service Account Number: 3- 001 - 3272 -81 OBF Application Receipt Date: 11/1/2010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: S. MAIN / EDINGER LED Address: 1465 1/2 S MAIN ST City, CA Zip: SANTA ANA, CA 92707 —ESTIMATED LOAN TERMS "' I ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2116/11 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait-Listed as per program management. PROJECT ECONOMIC SUMMARY „" rR . F $ Total electricity charges divided by the amount of electricity purchased A.) AVERAGE ELECTRIC BILLING RATE •• past 12 months (Cenlsll<Wh) • during previous 12 months B.) ENERGY EFFICIENCY PROJECT SAVINGS CIA =60 G &1 =120 B.1. Estimated Annual Kilowatt Hour Savings (kWh) 8,322.00 For Customize, from OBF Application, calculated b Customer For Express Pending, SCE calculations based on Mess solution code B.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 682.40 no KWh savings x ave rate = $$ savings B.3. Estimated Monthly Dollar($) Savings (6.2/12) $ 56.87 Monthly $savings C.) COSTS Is D.3 within limit YIN? C.1. Estimated Total Project Cost 7,350.00 From OBF Application C.2. Estimated Total Rebate /Incentive 416.10 From OBF Application C.3. Estimated Potential Loan Amount (Net Amount) $ 6,933.9 1 Maximum eligible loan amount D.) LOAN 10 D.2. Monthly Loan Repayment Amount D.3. Estimated loan term (Months) DA. Estimated loan term (Years) $ 6.933.90 C.3__ _ 56.87 B.3 121.9 Time required to repay loan - months 10.2 Tme required to repay loan -years E.) LOAN LIMIT TESTS E.I. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E1.1 Market Segment Minimum /Maximum Loan Amount $ 1,000,000.00 Min /Max loan amount per service account E.1.2.Within Market Segment Limit? Y Is D.1 within loan amount limits Y /N? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Seament Lenath of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? EA. Expected Useful Life (EULI' Loan Length Limit Test E.4.1. Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E.5. EXCEPTION ANALYSIS (If Test 1 and /or Test 2 yields a "No" t E.5.1. Monthly Loan Repayment Amount E.52 Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 5 LED Street Lights 25F -28 Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is 0. 1, < E.2.3. YIN? 120 CIA =60 G &1 =120 N Is D.3 within limit YIN? EUL of measure with greatest kWh contribution 144 Y Is D.3 within limit YIN? $ 56.87 $ 6,824.04 20 10 Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 5 LED Street Lights 25F -28 On -Bill Financing Program - Loan Terms PREPARED FOR: Customized Gary L. Levingston Govt & Inst Offer Manager, Financial Solutions Element CITY OF SANTA ANA Customer Energy Efficient & Solar Division E. OXFORD/ MAIN LED Soutrem California Edison, an Edison International Company Completion Daterrime: 2116/11 2:21 PM City, CA Zip: Universal Project Number: PSAP -10- 004891 Customer Number: 1- 000 - 0071 -30 Service Account Number: 3- 001- 3272 -70 OBF Application Receipt Date: 11/1/2010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: E. OXFORD/ MAIN LED Address: 118 1/2 E OXFORD City, CA Zip: SANTA ANA, CA 92701 1 "'ESTIMATED LOAN TERMS'• ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2/16!11 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait - Listed as per program management, PROJECT ECONOMIC SUMMARY v Total electricity charges divided by the amount of electricity purchased A.) AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents /kWh) $0.0820 during previous 12 months B.) ENERGY EFFICIENCY PROJECT SAVINGS B.1. Estimated Annual Kilowatt Hour Savings (kWh) 11,650.00 1 For Customize, from OBF Application, calculated by Customer For Express Pending, SCE calculations based on Meas solution code 6.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 955.30 Ann KWh savings x eve rate = $ savings B.3. Estimated Monthly Dollar($) Savings (B.2 / 12) $ 79.61 Monthly $savings C.) D.) C.2. Estimated Total Rebate /Incentive C.3. Estimated Potential Loan Amount (Net Amount) D.2. Monthly Loan Repayment Amount D.3. Estimated loan term (Months) DA. Estimated loan term (Years) E.) LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) From OBF Application _— — From OBF Application Maximum eligible loan amount C.3 B.3 Time required to repay loan - months Time required to repay loan - years E.1.1 Market Segment Minimum /Maximum Loan Amount $ 1,000,000.00 Min /Max loan amount per service account E.1.2.Within Market Segment Limit? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Segment Length of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2. Within Markel Segment Loan Length Limit? EA. Expected Useful Life IEULI' Loan Length Limit Test EA. I. Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E.5. EXCEPTION ANALYSIS (If Test 1 and/or Test 2 Yields a "No" .1 E.5.1. Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) Y Is D.1 within loan amount limits Y /N? Max total loans amount per customer Previous loans reserveo $ Remaining loan funds available Y Is D.1. < E.2.3. Y /N? 120 CIA = 60 G & i = 120 N Is D.3 within limit Y /N? 144 EUL of measure with greatest kWh contribution Y Is D.3 within limit Y /N? $ 79.61 $ 9.553.00 120 10 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 6 LED Street Lights 25F-29 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston _Offer Manager, Financial Solutions Element Customer Energy Eff�crency 8 Solar Division Southern Caltlomra Edison, an Edison International Company Completion Date/Time: 2/16/11 4:42 PM Universal Project Number: PSAP -10- 004891 Customer Number: 1- 000 - 0071 -30 Service Account Number: 3- 027- 9664 -57 OBF Application Receipt Date: 11/1/2010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: N. MAIN LED Address: 300 3/4 N MAIN ST LS3 City, CA Zip: SANTA ANA, CA 92701 — ESTIMATED LOAN TERMS"' I ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2/16111 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait- Listed as per program management. PROJECT ECONOMIC SUMMARY v s�(pOy" Total electricity charges divided by the amount of electricity purchased A.) AVERAGE ELECTRIC BILLING RATE – past 12 months (Cents/kWh) $0.0820 during previous 12 months B.) ENERGY EFFICIENCY PROJECT SAVINGS B.I. Estimated Annual Kilowatt Hour Savings (kWh) 8,322.00 For Customize, from OBF Application, calculated by Customer For Express Handing, SCE calculations based on Meas solution code 8.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 682.40 Ann KWh savings x eve rate = S$ savings B.3. Estimated Monthly Dollar($) Savings (6.2112) $ 56.87 (Monthly $$ savings C.) COSTS C.1. Estimated Total Project Cost C.2. Estimated Total Rebate /Incentive C.3. Estimated Potential Loan Amount (Net Amount) D.) D.2. Monthly Loan Repayment Amount D.3. Estimated loan term (Months) DA. Estimated loan term (Years) E.) LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E.1.1 Market Segment Minimum /Maximum Loan Amount E.1.2 Within Market Segment Limit? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Segment Length of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? EA. Expected Useful Life (EULI' Loan Length Limit Test E.A.I. Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E.5. EXCEPTION ANALYSIS (If Test 1 and/or Test 2 yields a "No­ .1 E.5.1. Monthly Loan Repayment Amount E.52 Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) From OBF Application From OBF Application Maximum eligible loan amount C.3 8.3 Time required 'ore pay loan - months Time requred to repay loan -years —I $ 1,000,000.00 Min/Max loan amount per service account Y Is D.1 within loan amount limits Y /N? Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1. - E.2.3. Y /N? 120 CIA = 60 G&1=120 N Is D.3 within limit YIN? 144 ELL of measure with greatest kWh contribution N Is D.3 within limit Y /N? $ 56.87 $ 5,824.04 120 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy effciency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 7 LED Street Lights 25F -30 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston Offer Manager Financial Solutions Element Customer Energy Efficiency & Solar Division Southern California Edison, an Edison intemational Company Completion DaterTime: 2116111 3:15 Universal Project Number: Customer Number: Service Account Number: OBF Application Receipt Date: PSAP -10- 004891 1- 000 - 0071 -30 3 -001- 3272 -77 11!1/2010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: N. MAIN LED Address: 8011/2 N MAIN ST City, CA Zip: SANTA ANA, CA 92701 ­ESTIMATED LOAN TERMS" I ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2116111 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait-Listed as per program management. i F�iPI ANf4TI0A1 �a h`� ' PROJECT ECONOMIC SUMMARY Total electricity charges divided by the amount of electricity purchased A.) AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents/kWh) $0.0820 i, during previous 12 months B.) ENERGY EFFICIENCY PROJECT SAVINGS 8.1. Estimated Annual Kilowatt Hour Savings (kWh) 11,650.00 For Customize, from OBF Application, calculated by Customer For Express Pending, SCE calculations based on Meas solution code B.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 955.30 Ann KWh savings x ave rate = $ savings B.3. Estimated Monthly Dollar($) Savings (B.2 /12) $ 79.61 Month/ $$ savin s C.) COSTS C.1. Estimated Total Project Cost 10,290.00 From OBF Application C2. Estimated Total Rebate /Incentive 582.50 From OBF Application C.3. Estimated Potential Loan Amount (Net Amount) $ 91707.50 1 Maximum eligible loan amount D.) LOAN _ D.1. Net Amount for Potential Financing $ 9.707.50 C.3 D.2. Monthly Loan Repayment Amount 79.61 B.3 D.3. Estimated loan term (Months) 121.9 Time requred to repay loan - months _ DA. Estimated loan term (Years) 10.2 Time rei qured to repay loan - years E.) LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E.1.1 Market Segment Minimum /Maximum Loan Amount $ 1,000,000.00 Min/Max loan amount per service account E.1.2 Within Market Segment Limit? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Segment Length of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? EA Expected Useful Life (EUL)* Loan Length Limit Test E.4.1. Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E.5. EXCEPTION ANALYSIS (If Test 1 and/or Test 2 yields a "No ".) E, 5.1. Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E,5A. Max Allowable Loan Terms (Years) Y is D.1 within loan amount limits YIN? 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provii�%=U..31Fund Exhibit 8 1 Fn Street Liahts Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1. c E.2.3, YIN? 120 CIA =60 G &1 =120 N Is D.3 within limit YIN? EUL of measure with greatest kWh contribution 144 y Is D.3 within limit YIN? $ 79.61 9,553.00 120 10 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provii�%=U..31Fund Exhibit 8 1 Fn Street Liahts On -Bill Financing Program -Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston Offer Manager, Financial Solutions Element Customer Energy Efficiency & Solar Division Southem California Edison, an Edison International Company Completion DatelTime: 2/16/11 2:54 PM Universal Project Number: Customer Number: Service Account Number: OBF Application Receipt Date: PSAP -10- 004891 1- 000 - 0071 -30 3- 001- 3272 -74 11/1/2010 Project Type(s) : Customized Market Segment: Govt i£ Inst Business Name: CITY OF SANTA ANA Reference Name: N. MAIN LED Address: 1201 1/2 N MAIN ST City, CA Zip: SANTA ANA, CA 92701 —ESTIMATED LOAN TERMS'"" ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2/16/11 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait- Listed as per program management. A PROJECT ECONOMIC SUMMARY Total electricity charges divided by the amount of electricity purchased A.) AVERAGE ELECTRIC BILLING RATE — past 12 months (Cents /kWh) $0.0820 during previous 12 months B.) ENERGY EFFICIENCY PROJECT SAVINGS 8.1. Estimated Annual Kilowatt Hour Savings (kWh) 18,308.00 iForCustomize, from OBF Application, calculated by Customer For Express Pending, SCE calculations based on Meas solution code 8,2. Estimated Annual Dollar($) Savings (B.1 x A) $ 1,501.26 Ann KWh savings x eve rate = $ savings B.3. Estimated Monthly Dollar($) Savings (6.2112) $ 125.10 Monthly C.) COSTS Max total loans amount per customer C.1. Estimated Total Project Cost 16,170.00 From OBF Application C.2. Estimated Total Rebate/incentive 915.40 From OBF Application C.3. Estimated Potential Loan Amount (Net Amount) $ 15,254.60 Maximum eligible loan amount D.) LOAN EUL of measure with greatest kWh contribution 144 D.1. Net Amount for Potential Financing $ 15,254.60 C.3 D.2. Monthly Loan Repayment Amount 125.10 B.3 D.3. Estimated loan term (Months) 121.9 Time required to repay loan - months�� DA. Estimated loan tens (Years) 10.2 Time required to repay loan - years E.) LOAN LIMB TESTS E.1. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E.1.1 Market Segment Minimum /Maximum Loan Amount $ 1,000,000.00 Min/Max loan amount per service account E.1.2.Within Market Segment Limit? E.2, Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2,2. Previous Loans Reserved for this Customer E.2,3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Segment Length of Loan Test E.3.1 .Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? EA Expected Useful Life (EULt' Loan Length Limit Test E.4.1. Applicable Measure EUL E 4.2. Within EUL Loan Length Limit? E.5. EXCEPTION ANALYSIS (If Test 1 and /or Test 2 Yields a "No ".) E.5.1. Monthly Loan Repayment Amount E.5.2, Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) Y Is D.1 within loan amount limits YIN? 'Expected Useful Life (EUL). Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provj��lpt =laud Fund Exhibit 9 LED Street Lights Z 31 Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1. < E.2.3. YIN? 120 CIA =60 G &1 =120 N Is D.3 within limit Y /N? EUL of measure with greatest kWh contribution 144 Y Is D.3 within limit YIN? $ 125.10 15,012.56 120 'Expected Useful Life (EUL). Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provj��lpt =laud Fund Exhibit 9 LED Street Lights Z 31 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston Offer Manager, Financial Solutions Element Customer Energy Efficiency & Solar Division Southern California Edison, an Edison International Company Completion Daterrime: 2/16111 2:43 PM Universal Project Number: PSAP -10- 004891 Customer Number: 1- 000- 0071 -30 Service Account Number: 3- 001 - 3272 -73 OBF Application Receipt Date: 11/1/2010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: N. MAIN LED Address: 1807 1/2 N MAIN ST City, CA Zip: SANTA ANA, CA 92706 ' — ESTIMATED LOAN TERMS"' ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2/16111 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait-Listed as per program management. PROJECT ECONOMIC SUMMARY ia?X��� k ytg > V'_ Total electricity charges divided by the amount of electricity purchased A) AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents/kWh) $0.0820 dudng previous 12 months B.) ENERGY EFFICIENCY PROJECT SAVINGS B.1. Estimated Annual Kilowatt Hour Savings (kWh) 19,972.00 For Customize, from OBF Application, calculated b Customer For Express Pending, SCE calculations based on Meas solution code B.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 1,637.70 Ann KWh savings x aye rate = $ savings - - - -� 8.3. Estimated Monthly Dollar($) Savings (8.2 / 12) $ 136.48 Monthly $$ savings C.) COSTS C.1. Estimated Total Protect Cost 19,110.00 ication From OBF Application C.2. Estimated Total Rebate /Incentive 998.60 �- From OBF AppBcadon C.3. Estimated Potential Loan Amount (Net Amount) $ 16,111.40 Maximum eligible loan amount D.) LOAN D.1. Net Amount for Potential Financing $ 18,111.40 C.3 D.2. Monthly Loan Repayment Amount 136.48 B.3 _ D.3. Estimated loan term (Months) 132.7 ITime required to repay loan - months DA. Estimated loan term (Years) 11.1 1 Time required repay loan - years E.) LOAN LIMB TESTS II Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E.1.1 Market Segment Minimum /Maximum Loan Amount $ 1,000,000.00 Min/Max ban amount per service account E.1.2.Within Market Segment Limit? II Customer Loan Limit Test (Previous Loans for this Customer) Y Is 0.1 within loan amount limits YIN? E.2.1. Customer Loan Amount Limit Max total loans amount per customer E.2.2. Previous Loans Reserved for this Customer Previous loans reserved E.2.3. Estimated Amount Eligible for Loans $ Remaining loan funds available E.2A Within Available Amount? Y Is D.1. c E.2.3. YIN? II Market Segment Length of Loan Test E.3.1.Market Segment Loan Length Limit 120 CIA = 60 G&1=120 E.3.2, Within Market Segment Loan Length Limit? N Is D.3 within limit Y /N? EA. Expected Useful Life III Loan Lenath Limit Test E.4.1 Applicable Measure EUL 144 EUL of measure with greatest kWh contribution EA 2. Within EUL Loan Length Limit? y Is D.3 within limit YIN? E.5. EXCEPTION ANALYSIS (If Test 1 and /or Test 2 yields a "No ".) E5.1. Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) $ 136.48 $ 16,377.04 120 10 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 10 LED Street Lig25F-33 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston Offer Manager, Financial Solutions Element Customer Energy EKiciency 8 Solar Division Southern California Edison, an Edison international Company Completion Date/Time: 2/16101 4i3fPM Universal Project Number: PSAP -10- 004891 Customer Number: 1- 000 - 0071 -30 Service Account Number: 3- 010- 1498 -39 OBF Application Receipt Date: 11/1!2010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: N. MAIN LED Address: 2130 1/2 N MAIN ST City, CA Zip: SANTA ANA, CA 92706 —ESTIMATED LOAN TERMS°' ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2/16/11 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait- Listed as per program management. PROJECT ECONOMIC SUMMARY ��PP jON 7 a .n :s,.,•��ir tau' Total electricity charges divided by the amount of electricity purchased f A) AVERAGE ELECTRIC BILLING RATE -- past 12 months (CentslkWh) $0.0820 during previous 12 months B.) ENERGY EFFICIENCY PROJECT SAVINGS B.1. Estimated Annual Kilowatt Hour Savings (kWh) 9,154.00 For Customize, from OBF Application, calculated by Customer For Express Pending, SCE calculations based on Meas solution code 8.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 750.63 lAnn kWh savings x ave rate = $$ savings B.3. Estimated Monthly Dollar($) Savings (82/12) $ 62.55 1 Monthly $ savings C.) COSTS C.1. Estimated Total Project Cost G2. Estimated Total Rebate /Incentive C.3. Estimated Potential Loan Amount (Net Amount) D.) D.2. Monthly Loan Repayment Amount D.3. Estimated loan term (Months) DA. Estimated loan term (Years) E.) LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) From OBF Application ___ From OBF Application Maximum eligible loan amount C.3 8.3 Time required to repay loan - months Time required to repay loan - years E.1.1 Market Segment Minimum/Maximum Loan Amount $ 1,000,000.00 Min/Max loan amount per service account E.1.2.Within Market Segment Limit? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Segment Lenath of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? EA Expected Useful Life IEULI' Loan Length Limit Test EA. I. Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E.5. EXCEPTION ANALYSIS (If Test 1 and /or Test 2 Yields a "No".) E.5.1. Monthly Loan Repayment Amount E.52. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) Y Is DA within loan amount limits YIN? Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1, < E.2.3. YIN? 120 CIA =60 G &1 =120 N Is D.3 within limit YIN? 144 EUL of measure with greatest kWh contribution N Is D.3 within limit YIN? $ 62.55 $ 7,506.25 120 10 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 11 LED Street Lights 25F -34 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston C.1. Estimated Total Project Cost Offer Manager, Financial Solutions Element rom OBF Application Customer Energy Efficiency 8 Solar Division 332.90 Southern California Edison, an Edison lntemational Company Completion Date /Time: 2116/11 3:58 PM $ 11,427.10 Universal Project Number: PSAP -10- 004891 Customer Number: 1- 000 - 0071 -30 Service Account Number: 3- 001 - 3272.82 OBF Application Receipt Date: 1111/2010 Project Type(s) : Market Segment: Business Name: Reference Name: Address: City, CA Zip: Customized Govt & Inst CITY OF SANTA ANA N. MAIN LED 2515 112 N MAIN ST SANTA ANA, CA 92705 PROJECT ECONOMIC SUMMARY —ESTIMATED LOAN TERMS'"' ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2/16/11 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait - Listed as per program management. } i PxP..LANATION... Total electricity charges divided by the amount of electricity purchased A. AVERAGE ELECTRIC BILLING RATE— past 12 months Cents /kWh during previous 12 months ✓' P ( ) $0.0820 B.) ENERGY EFFICIENCY PROJECT SAVINGS B.1. Estimated Annual Kilowatt Hour Savings (kWh) 6,658.00 1 For Customize, from OBF Application, calculated by Customer or Express Pending, SCE calculations based on Maas solution code 8.2. Estimated Annual Dollar($) Savings (B.1 x A) B.3. Estimated Monthly Dollar($) Savings (B.2 / 12) $ 545.96 Ann KWh savings x ave rate = $$ savings $ 45.50 Monthly $savings �, C.) COSTS C.1. Estimated Total Project Cost 11,760.00 rom OBF Application C.2. Estimated Total Rebate /Incentive 332.90 From OBF Application C.3. Estimated Potential Loan Amount (Net Amount) $ 11,427.10 Maximum eligible loan amount D.) LOAN D.1. Net Amount for Potential Financing $ 11.427.10 JC.3 i D.2. Monthly Loan Repayment Amount 45.50 1B.3 D.3. Estimated loan term (Months) 291-2— Time required to repay loan - months D.4. Estimated loan term (Years) 20.9 Time required to repay loan - years E.) LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E.1.1 Market Segment Minimum /Maximum Loan Amount Min /Max loan amount per service account 9 $ 1,000,000.00 E.1.2.Within Market Segment Limit? Y Is D.1 within loan amount limits Y /N? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4, Within Available Amount? E.3. Market Segment Length of Loan Test E.3.1. Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? EA. Expected Useful Life fEUL)' Loan Length Limit Test E.4.1. Applicable Measure EUL EA 2. Within EUL Loan Length Limit? E.5. EXCEPTION ANALYSIS (If Test 1 and/or Test 2 Yields a "No".) E5.1. Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) Max total loans amount per customer Previous loans reserved $ Remaining loan funds available y Is D.1. < E.2.3. Y/N? 120 CIA =60 G81 =120 N Is D.3 within limit YIN? 144 EUL of measure with greatest kWh contribution y Is D.3 within limit YIN? $ 45.50 $ 5,459.56 120 10 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 12 LED Street Lights 25F -35 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston Offer Manager, Financial Solutions Element Customer Energy Efficiency & Solar Division Southern California Edison, an Edison international Company Completion Daterrime: 2116/11 4:20 PM Universal Project Number: Customer Number: Service Account Number: OBF Application Receipt Date: PSAP -10- 004891 1- 000 - 0071 -30 3 -001- 3272 -87 11/1/2010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: S. CHESTNUT / MAIN LED Address: 110 112 E CHESTNUT AVE City, CA Zip: SANTA ANA, CA 92701 — ESTIMATED LOAN TERMS" ' I ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL I REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2116/11 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait - Listed as per program management. PROJECT ECONOMIC SUMMARY F x ; , u� aka F, PI&1A ADONF " g Previous loans reserved $ Total electricity charges divided by the amount of electricity purchased Y during previous 12 months A.) AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents /kWh) $0.0820 CIA =60 G &1 =120 B.) ENERGY EFFICIENCY PROJECT SAVINGS Is D.3 within limit YIN? B.1. Estimated Annual Kilowatt Hour Savings (kWh) 21,638.00 For Customize from OBF Application, calculated by Customer EUL of measure with greatest kWh contribution For Express Pending, SCE calculations based on Meas solution code B.2. Estimated Annual Dollar($) Savings (B.1 x A) $ jAnn KWh savings x ave rate = $ savings B.3. Estimated Monthly Dollar($) Savings (B.2 / 12) $ 147.86 1 Monthly savings C.) COSTS C.1. Estimated Total Project Cost 19,110.00 From OBF Application C.2. Estimated Total Rebate /Incentive 1,081.90 From OBF Application C.3. Estimated Potential Loan Amount (Net Amount) $ 18,028.10 Maximum eligible loan amount D.) D.2. Monthly Loan Repayment Amount D.3. Estimated loan term (Months) 0.4. Estimated loan tern (Years) E.) LOAN LIMIT TESTS E.I. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) C.3 Time required to repay loan - months Time required to repay loan - years E.1.1 Market Segment Minimum /Maximum Loan Amount $ 1,000,000.00 Min /Max loan amount per service account E.1.2.Within Market Segment Limit? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Sediment Length of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? EA. Expected Useful Life (EUL)' Loan Length Limit Test E.4.1. Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E.S. EXCEPTION ANALYSIS (If Test 1 and/or Test 2 yields a "No'.) E.5.1. Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.S.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) Y Is D.1 within loan amount limits YIN? 'Expected Useful Life (EUL). Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 13 LED Street Lights 25F -36 Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1. < E.2.3. YIN? 120 CIA =60 G &1 =120 N Is D.3 within limit YIN? EUL of measure with greatest kWh contribution 144 Y Is D.3 within limit Y /N? $ 147.86 $ 17,743.16 120 10 'Expected Useful Life (EUL). Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 13 LED Street Lights 25F -36 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston Offer Manager, Financial Solutions Element Customer Energy Efficiency & Solar Division Southern California Edison, an Edison International Company Completion DatefTime: _2/16/11 3:26 PM —ESTIMATED LOAN TERMS"' I ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT Universal Project Number: PSAP -10- 004891 Customer Number: 1- 000 - 0071 -30 Service Account Number: 3- 001 - 3272 -79 LTCt completed as this l due to recently collected and approved tariff rate, therefore, this loan oan app will be not Wait - Listed as per program OBF Application Receipt Date: 11/1/2010 management. Project Type(s) : Customized Market Segment: Govt & inst Business Name: CITY OF SANTA ANA Reference Name: S. MAIN LED Address: 934 112 S MAIN ST City, CA Zip: SANTA ANA, CA 92701 PROJECT ECONOMIC SUMMARY Is D.1. < E.2.3. YIN? wXPLi4MAjlON n� v CIA =60 G &1 =120 N Total electricity charges divided by the amount of electricity purchased A) AVERAGE ELECTRIC BILLING RATE -- past 12 months (CentsikWh) $0.0820 during previous 12 months 144 Y B.) ENERGY EFFICIENCY PROJECT SAVINGS 8.1. Estimated Annual Kilowatt Hour Savings (kWh) 19,972.00 For Customize, from OBF Application, calculated by Customer For Express Pending, SCE calculations based on Meas solution code _I B.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 1,637.70 Ann K h savings x eve rate = $ savings B.3. Estimated Monthly Dollar($) Savings (B.2112) $ 136.48 Monthl $savings C.) COSTS CA. Estimated Total Project Cost 18,375.00 Fro m OBF A pplication _ From OBF Application C.2. Estimated Total Rebate /Incentive 998.60 Maximum eligible loan amount C.3. Estimated Potential Loan Amount (Net Amount) $ 17,376.40 D.) D.2. Monthly Loan Repayment Amount D.3. Estimated loan term (Months) D.4. Estimated loan term (Years) E.) LOAN LIMIT TESTS E.I. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E.1.1 Market Segment Minimum /Maximum Loan Amount $ 1,000,000.00 E.1.2.Within Market Segment Limit? Y E.2. Customer Loan Limit Test (Previous Loans for this E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Segment Length of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? EA. Expected Useful Life (EUL)* Loan Lenath Limit Test E.4.1. Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E.S. EXCEPTION ANALYSIS (If Test 1 and /or Test 2 yields a "No ".) E.5.1_ Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4_ Max Allowable Loan Terms (Years) C.3 8.3 Time required to repay loan - months Time required to repay loan - years Min /Max loan amount per service account Is DA within loan amount limits Y /N? Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1. < E.2.3. YIN? 120 CIA =60 G &1 =120 N Is 0.3 within limit Y /N? EUL of measure with greatest kWh contribution 144 Y Is D.3 within limit YRJ? $ 136.48 16,377.04 120 10 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure Is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy effIciency project. Agreements to Provide, Install and Fund Exhibit 14 LED Street Lig15F -37 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L Levingston Offer Manager Financial Solutions Element Customer Ene Efficient 8 Solar Division Southern California Edison, an Bison lntemational Company Completion Daterrime: 2116/11 3:26 PM Universal Project Number: Customer Number: Service Account Number: OBF Application Receipt Date: PSAP -10- 004891 1- 000 - 0071 -30 3- 001 - 3272 -79 11/1/2010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: S. MAIN LED Address: 934 1/2 S MAIN ST City, CA Zip: SANTA ANA, CA 92701 I ­ESTIMATED LOAN TERMS"' I ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2/16/11 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wait- Listed as per program management PROJECT ECONOMIC SUMMARY � k rlATIO � � 1_ , ,29l, � Total electricity charges divided by the amount of electricity purchased A) AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents /kWh) $0.0820 1 during previous 12 months B.) ENERGY EFFICIENCY PROJECT SAVINGS B.A. Estimated Annual Kilowatt Hour Savings (kWh) 22,470.00 For Customize, from OBF Apelication, calculated by Customer Far Express Pending SCE calculations based on Meas solution code -- 6.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 1,842.54 Ann KWh savings x ave rate = $ savings B.3. Estimated Monthly Dollar($) Savings (B.2! 12) $ 153.55 Monthly $savings C.) D.) C.2. Estimated Total Rebate /Incentive C.3. Estimated Potential Loan Amount (Net Amount) D.2. Monthly Loan Repayment Amount D.3. Estimated loan term (Months) D.A. Estimated loan term (Years) E.) LOAN LIMIT TESTS E.I. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) From OBF Application _ From OBF Application Maximum eligible loan amount C.3 B.3 Time required to rape loan - months ---i lime required to repay loan - years I E.1.1 Market Segment Minimum/Maximum Loan Amount $ 1,000,000.00 Min/Max loan amount per service account E.1.2.Within Market Segment Limit? E.2 Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3 Market Seament Length of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2, Within Market Segment Loan Length Limit? EA, Expected Useful Life (EUL)' Loan Length Limit Test EA, 1. Applicable Measure EUL E4.2. Within EUL Loan Length Limit? E.5 EXCEPTION ANALYSIS (if Test 1 and/or Test 2 Yields a "No ".) E.5.1. Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) Y Is 0.1 within loan amount limits YIN? Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1. < E.2.3. YIN? 120 CIA = 60 G91=120 N Is 0.3 within limit YIN? 144 V $ 153.55 18,4257— 120 10 EUL of measure with greatest kWh contribution Is D.3 within limit YIN? 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy effciency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 15 LED Street Lights 25F -38 On -Bill Financing Program - Loan Terms Calculations 1 PREPARED FOR: Gary L. Levingston _Offer Manager, Financial Solutions Element Customer Energy Efficiency & Solar Division Southern California Edison, an Edison International Company Completion DatefTime: 2116111 4:09 PM Universal Project Number: PSAP -10- 004891 Customer Number: 1- 000 - 0071 -30 Service Account Number: 3- 001 - 3272 -86 OBF Application Receipt Date: 11/112010 Project Type(s) : Customized Market Segment: Govt & Inst Business Name: CITY OF SANTA ANA Reference Name: S. MAIN LED Address: 2143 1/2 S MAIN ST City, CA Zip: SANTA ANA, CA 92707 I —ESTIMATED LOAN TERMS­ I ACTUAL TERMS WILL BE CALCULATED BASED ON FINAL REVIEW AND VERIFICATION OF THE PROJECT INSTALLATION REPORT LTC1 completed as of 2116/11 due to recently collected and approved tariff rate, therefore, this loan app will be not be Wail - Listed as per program management. PROJECT ECONOMIC SUMMARY ` ElAT1C1N'� Previous loans reserved $ zs Y Total9lpectricity charges divided by the amount of electricity purchased 120 CIA =60 G &1 =120 dudn rewous 72 months A.) AVERAGE ELECTRIC BILLING RATE -- past 12 months (Cents/kWh) $0.0820 B.) ENERGY EFFICIENCY PROJECT SAVINGS ELL of measure with greatest kWh contribution 144 13.1. Estimated Annual Kilowatt Hour Savings (kWh) 15,812.00 For Customize, from OBF Application, calculated by Customer _ Is D.3 within limit YIN? For Express Pending, SCE calculations based on Mess solution code B.2. Estimated Annual Dollar($) Savings (B.1 x A) $ 1,296.58 Ann KW h savings x aye rate = savings B.3. Estimated Monthly Dollar($) Savings (8.2 / 12) $ 108.05 IMonthly ss savings !i C.) COSTS C.I. Estimated Total Project Cost C.2. Estimated Total Rebate /Incentive C.3. Estimated Potential Loan Amount (Net Amount) From OBF Application -' From OBF Application Maximum eligible loan amount D.) LOAN D.I. Net Amount for Potential Financing $ 14.644.40 C.3 D.2. Monthly Loan Repayment Amount 108.05 13.3 D.3. Estimated loan term (Months) 135.5 Time required to repay loan - months DA. Estimated loan term (Years) 1 .3 Time required to repay loan - years E.) LOAN LIMIT TESTS E.1. Market Segment Amount of Loan Test (Maximum Loan Amount per Service Account) E.1.1 Market Segment Minimum/Maximum Loan Amount $ 1,000,000.00 Min /Max loan amount per service account E.1.2.Within Market Segment Limit? E.2. Customer Loan Limit Test (Previous Loans for this Customer) E.2.1. Customer Loan Amount Limit E.2.2. Previous Loans Reserved for this Customer E.2.3. Estimated Amount Eligible for Loans E.2.4. Within Available Amount? E.3. Market Seament Length of Loan Test E.3.1.Market Segment Loan Length Limit E.3.2. Within Market Segment Loan Length Limit? EA. Expected Useful Life (EUL)' Loan Lenath Limit Test E.41 . Applicable Measure EUL E.4.2. Within EUL Loan Length Limit? E.5. EXCEPTION ANALYSIS (If Test 1 andlor Test 2 yields a "No ".) E.5.1. Monthly Loan Repayment Amount E.5.2. Net Amount for Financing E.5.3. Max Allowable Loan Terms (Months) E.5.4. Max Allowable Loan Terms (Years) Y Is D.1 within loan amount limits Y /N? 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 16 LED Street Light25C_39 Max total loans amount per customer Previous loans reserved $ Remaining loan funds available Y Is D.1. < E.2.3. Y /N? 120 CIA =60 G &1 =120 N Is D.3 within limit Y /N? ELL of measure with greatest kWh contribution 144 Y Is D.3 within limit YIN? $ 108.05 $ 12,965.84 120 10 'Expected Useful Life (EUL): Each measure is expected to perform satisfactorily for a period of time. An EUL for each energy efficiency measure is assigned by the California Energy Commission (CEC). The EUL for the measure involved in the energy efficiency project. Agreements to Provide, Install and Fund Exhibit 16 LED Street Light25C_39 25F -40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH STREET LIGHT ❑ As Recommended RESTORATION SPECIALISTS, INC. ❑ As Amended s� El on � Reading FOR STREET LIGHT POLE ❑ Ordinance on 2 "d Reading REPAINTING ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Street Light Restoration Specialists, Inc. to repaint 210 thirty -foot street light poles and luminaire arms on Main Street for an amount not to exceed $36,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Exhibit 1). DISCUSSION There are 210 older City -owned steel street light poles on Main Street between Warner and the north city limits which require periodic repainting to maintain the integrity of the steel as well as the aesthetic appeal. These poles were last painted in the early 1990s and the paint is chipped, peeling, and extremely weathered (Exhibit 2). On May 26, 2011 Requests for Proposals were mailed to 18 commercial painting companies, 13 of which are Santa Ana businesses. 18 Requests for Proposals mailed 13 Requests for Proposals mailed to Santa Ana vendors 3 Proposals received 0 Proposals received from Santa Ana vendors A total of 3 proposals were received on June 23, 2011. The proposals were evaluated by a panel comprised of representatives from the Public Works Agency using the following criteria: organizational credentials, experience, work plan, and pricing. The ratings for the three respondents are as follows: 25G -1 Agreement With Streetlight Restoration Specialists, Inc. For Street Light Pole Repainting AUGUST 24, 2011 Page 2 FIRM LOCATION TOTAL PRICE RATING SCORE Streetlight Restoration Specialists Moorpark, CA $35,070 1 91 Color New Co. Woodland Hills, CA $35,700 2 80 Great Western Painting Draper, UT $75,600 3 53 There are no City personnel assigned to this work. Staff is recommending an agreement with the top -rated firm. If additional personnel are needed to complete this project, Streetlight Restoration Specialists has agreed to hire Santa Ana residents (Exhibit 3). FISCAL IMPACT Funds are available in the Street Lighting program (accounting unit 01117630- 66220). These funds are a portion of the General Fund allocation for maintenance of effort which is required for the continued receipt of gas tax and Measure M funding. Rau Godinez II Executive Director Public Works Agency RG /KW Exhibits: 1. Agreement 2. Project Photos 3. Letter from Contractor APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25G -2 AGREEMENT FOR THE PROVISION OF STREET LIGHT POLE PAINTING SERVICES THIS AGREEMENT, made and entered into this 18th day of July, 2011 by and between Street Light Restoration Specialists, Inc., 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 field of street light pole preparation and painting. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contractor in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall prepare and repaint designated Santa Ana street light poles (the "Project'), as set forth in the City Specifications attached hereto as Exhibit A, and incorporated by reference. Contractor shall perform all work items under this contract within a period of ten (10) weeks after City notifies Contractor to proceed. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rate of $167.00 per street light pole and luminaire arm unit, as set forth in Exhibit B -1, attached hereto and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $36,000, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following acceptance of work by the Director of Public Works Agency, 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 June 30, 2012, unless terminated earlier in accordance with Section 12, below. 25G -3 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 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. 25G -4 e. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. 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. 25G -5 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 Fax 714- 647 -6956 With courtesy copies to: and Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -5622 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Contractor: Street Light Restoration Specialists Brian Moran 7189 Walnut Canyon Road, Moorpark, CA 93021 Fax 805- 306 -0974 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. 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 25G -6 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 Contractors 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. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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. 25G -7 16. RESPONSIBILITY FOR DAMAGES The Contractor shall be responsible for all damages to persons and /or property that occur as a result of the fault or negligence of said Contractor or his employees in connection with the performance of this work. 17. FAILURE TO PERFORM SATISFACTORILY Contractor agrees that if the Contractor fails to satisfactorily perform, in compliance with the agreed work schedule, the work specified herein, the Director shall pay on a per unit basis only for those units satisfactorily completed, as determined by the Director. Additionally, City may terminate this agreement, direct that unfinished work be completed by City forces, by letting unfinished work to another contractor, or by a combination of such methods. The cost of completing the Project shall be charged against the Contractor and may be deducted from any money due or becoming due from City. If the sums due under this Contract are insufficient to complete the Project, the Contractor shall pay to the City, within five (5) days after completion, all costs in excess of the sums due. 18. SAFETY REQUIREMENTS Contractor shall perform all work required by this contract in a manner which will provide required maximum safety to the public and comply with all safety standards required by CAL -OSHA. The Director reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe and /or harmful acts are observed or reported regarding the performance of the work under this contract. 19. HAZARDOUS CONDITIONS The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from its operations. Any hazardous condition noted by the Contractor, which is not a result of its operations, shall be immediately reported to the Public Works Agency. 20. ACCESS TO PRIVATE PROPERTY Prior to any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him of the nature of and the approximate duration of the restriction. 21. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Contractor shall be responsible for the protection of all improvements adjacent to the work, including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced at the Contractor's expense. 22. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. If it becomes necessary to restrict traffic flow per 25G -8 WATCH, the Contractor will contact the Director for approval. Contractor shall provide all traffic control and miscellaneous traffic devices as may be required for routine and /or extraordinary maintenance of this contract. Signs, barriers and other traffic control devises required to maintain traffic during the Project shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and /or repair shall comply with the WATCH provisions. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illumination if in place during hours of darkness. 23. WORK BY CITY FORCES DUE TO NONCONFORMANCE If Contractor fails to correct deficiencies or public nuisances that have been created because of his operation, then these will be considered to be of an emergency nature and cause the City to move in on the project to make corrective work. Such work will be done on a force account basis with an additional callout charge of Two Hundred Dollars ($200.00) for each callout. 24. PAYMENT Contractor will be paid after completion of the Project, upon approval by the Agency. Contractor shall submit a detailed report of work performed and materials used in the project. This report shall be accompanied by a billing in accordance with the contract price for the work performed, and shall become basis for payment. 25. APPRENTICESHIP STANDARDS Where required under law, the contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code. 26. SUBCONTRACTORS Contractor shall not, without the written consent of the City: a. Substitute any person or firm as subcontractor in place of the subcontractor designated in the original proposal. b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. 25G -9 c. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds one -half (1/2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 27. 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: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, II Executive Director Public Works Agency 25G -10 CITY OF SANTA ANA DAVID N. REAM City Manager STREET LIGHT RESTORATION SPECIALISTS, INC. BRIAN MORAN President Tax ID# EXHIBIT A Street Light Pole Painting Special Provisions & Specifications I. SCOPE OF WORK Contractor shall prepare and repaint street light poles as specified. The 30' poles are located on Main Street between Warner Ave and Memory Lane (see attached map Exhibit A -1). Only the streetlight poles will be painted. Traffic signal poles will not be painted. Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ( "WATCH "), FUNCTIONS AND RESPONSIBILITIES A. DIRECTOR The Director shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be substandard, Director may 1) recommend that all or a portion of payment be withheld, and /or forfeiture for delay be assessed; 2) direct the work be accomplished by a 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 to the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable 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 contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR 1. Local Office The Contractor shall maintain a local office with a competent representative who can be reached during normal working hours and who shall be authorized to discuss matters pertaining to this contract with the Director. Contractor will not be allowed to store equipment or materials at any contracted area. Submittals The Contractor shall submit to the Director at the beginning of work, 1) a detailed job schedule, 2) names and titles of all persons working on the project, and 3) materials to be used on the project for approval. All submittals shall be periodically updated as necessary. The Director shall be immediately notified of any deviation from schedule or material usage. 3. Identification All vehicles and equipment on the project site shall be properly marked with company identification. 25G -11 4. Licenses and Permits The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits required for the performance of the work required by this contract, including but not limited to State License C -33 and a City of Santa Ana Business License. 5. Work Force a. The Contractor shall ensure that all work under this agreement is supervised by personnel who are technically qualified and possess the management skills required to implement modern methods and newly developed procedures. b. The Contractor shall ensure that all work under this agreement is performed by fully qualified, experienced personnel, directly employed by the Contractor or its listed subcontractors. All subcontractors that will perform work under this agreement shall be listed on this proposal. No other subcontractors shall be permitted without prior written consent by the Director. c. The Contractor shall be responsible for skills, methods, appearance and action of Contractor's employees and its subcontractors and for all work done. The Contractor's employees shall be United States citizens and /or legal residents. d. The Contractor shall perform the work provided for in this proposal under the direction of the Director. The Director may make inspections at any time and may request that the Contractor perform additional work or services to bring Contractor's performance to the level required by this agreement. 6. Material The Contractor shall submit a list to the Director of all materials that the Contractor proposes to the use in the execution of this work. Said list shall be submitted before use of any product, pursuant to the provisions of this agreement. All materials used or submitted shall full comply with all federal, State, County and local agency laws guidelines and requirements. 7. Recycling All waste (including construction and demolition materials) resulting from work performed under this contract shall be properly disposed of. The Contractor will be responsible for the disposal of all non - recyclable waste in accordance with all applicable local, State and federal laws and regulations. A recycling and disposal plan must be submitted for approval prior to start of work. 8. General Maintenance and Clean -Up All trash and debris shall be removed from all worksites at the end of each day. The Contractor shall keep sidewalks and all paved areas in parkway swept and cleaned of any debris, dirt, or soil. 9. Emergency Service The Contractor shall receive and respond to the City's call for emergency service twenty - four (24) hours per day, seven (7) days per week. Response time shall be immediate but not more than two (2) hours to remove or eliminate a public safety hazard. Contractor 25G -12 shall provide the City with a local telephone number where Contractor can be contacted twenty -four (24) hours per day, seven (7) days per week.. II. MINIMUM CONTRACTOR QUALIFICATIONS 1. The Contractor shall have a minimum of five (5) years in business in industrial /commercial painting, and shall provide documentation verifying this experience. 2. The Contractor must be experienced in modern traffic control methods and have knowledge of the W.A.T.C.H. handbook. The Contractor shall provide documentation verifying this level of experience. 3. Contractor certifies that it has sufficient access to both required product and labor resources to paint the contract number of poles within ten (10) weeks of execution of the Agreement. 4. Contractor shall provide written notarized warranty for workmanship for one (1) year (Labor and Materials bond). 5. Any Contractor that fails to provide the required proof of qualifications shall have its proposal declared "nonresponsive" and its submittal shall not be considered for this proposal. By submission of a proposal, Contractor agrees that the City of Santa Ana shall have sole authority to make determinations as to Contractor's compliance with these minimum qualifications. III. SPECIFICATIONS PART 1 - GENERAL 1.01 WORK INCLUDED The work includes furnishing of materials and equipment, preparation of surfaces and completion of the painting and finishing of all surfaces as specified herein. 1.02 RELATED WORK A. The following surfaces shall not be painted pursuant to this agreement: 1. Pre - finished luminaire fixtures. 2. Banners and banner mounting poles. 3. Surfaces specifically scheduled or noted not to be painted. 1.03 SUBMITTALS A. Product data: 1. Not less than thirty (30) days before beginning work, submit a complete list of materials proposed for use, together with manufacturer's specifications. 2. Paint materials and products shall be subject to City approval. B. Color samples: 1. Prepare all color and finishes on samples of similar substrate, 6" x 6" in size. 2. Samples shall be submitted as requested until required sheen, color and texture is achieved. 3. Label and identify each sample as to location and application. 25G -13 1.04 DELIVERY, STORAGE AND HANDLING A. Deliver paint materials in sealed original labeled containers bearing manufacturer's name, type of paint, stock number, color and instructions for reducing or mixing where applicable. B. Paint materials and equipment. 1. No materials may be stored on site. 2. Comply with health and fire regulations. 1.05 PROJECT CONDITIONS A. Comply with manufacturer's recommendations regarding environmental conditions under which coatings and coating systems can be applied. Do not apply paint when temperature is below 45 degrees F. Do not apply exterior paint in damp or rainy weather; ensure that the surface has dried thoroughly before proceeding. B. Do not apply finish in areas where dust is being generated. PART 2 — PRODUCTS 2.01 MATERIALS A. Products specified are as manufactured by the Vista Paint Corporation. All other manufacturers must be equal or better in performance specification. All substitutions must be submitted to City for approval. B. Materials selected for coating systems for each type surface shall be the product of a single manufacturer. C. Accessory materials such as turpentine, thinner, and putty shall be of the highest quality and by City approved manufacturer. D. Finish coats shall not be thinned without City's approval. Sufficient coats shall be applied at no additional cost to completely hide base materials, produce uniform color and provide satisfactory finish result. E. All submitted paint products to be in compliance with all local, state and federal air quality mandates. F. All colors are to be selected or approved by the City. All prime coats shall be tinted to contrast the finish coat. The final coat of paint shall not be applied until the City has approved colors. The number of colors to be used shall be as determined by the City. City reserves the right to vary colors throughout the project. 25G -14 PART 3 — EXECUTION 3.01 INSPECTION A. Examine surfaces scheduled to receive paint and finishes for conditions that will adversely affect execution, permanence or quality of work and which cannot be put into acceptable condition through preparatory work as included in Article 3.02 "Preparation of Surfaces ". The Contractor shall notify the City in writing of any defects or conditions which will prevent a satisfactory installation. B. Do not proceed with surface preparation or coating application until conditions are suitable. C. Commencement of painting will be construed as acceptance of surfaces. 3.02 PREPARATION OF SURFACES A. All surfaces to receive paint shall be clean, dry, smooth and dust free before application of any materials. Prepare surfaces as follows: 1. PRIMED FERROUS METAL: Remove all foreign matter. Touch up abrasions with Vista Paint 9600 Protec Metal Prime. 2. UNPRIMED FERROUS METAL: Remove all rust, mill scale and foreign matter by wire brushing, scraping, sandblasting or solvent as required to provide a clean, smooth surface. Spot prime with Vista Paint 9600 Protec Metal Prime. 3. GALVANIZED METAL: Remove all foreign matter and clean entire surface with mineral spirits. Pre -treat with phosphoric acid, etch or vinyl wash. Apply primer the same day as pretreatment is applied. 4. PAINTED SURFACES: Remove all foreign matter, tape, illegal signs etc. Remove all flaking or delaminated paint with approved methods. If existing paint has completely flaked off, bare metal surfaces shall be prepared as specified in Section 3.02.A.2. Painted surfaces shall be prepared by mechanical wire brush or similar method to ensure adhesion of new finish. a. Surfaces that cannot be prepared or painted as specified shall be immediately brought to the attention of the City in writing. b. Starting of work without such notification will be considered acceptance by the Contractor of surfaces involved. c. The Contractor shall replace unsatisfactory work caused by improper or defective surfaces as directed by the City at no cost to the City. 3.03 APPLICATION A. Contractor shall not apply initial coating until moisture content of surface is within limitations recommended by the paint manufacturer. Application: 1. Paint specified is intended to cover surfaces satisfactorily in a single coat when applied at proper consistency and in accordance with manufacturer's recommendations. In the event that a single coat does not adequately cover substrate, additional coats shall be applied at no cost to the City. 2. Apply paint with suitable brushes, rollers or spraying equipment. 25G -15 3. Rate of application shall not exceed paint manufacturer's recommendation for surface involved. B. Comply with manufacturer recommendations for drying time between succeeding coats. C. Leave all parts of molding and ornaments clean and true to details with no undue amount of paint in corners and depressions. D. Make edges of paint adjoining other material or color clean and sharp with no overlapping. E. Repainted surfaces rejected by the inspector shall be made good at the expense of the Contractor. Small affected areas may be touched up; large affected areas or areas without sufficient dry film thickness of paint shall be repainted. Runs, sags or damaged paint shall be removed by scraper or by sanding prior to application of paint. F. All materials shall be applied evenly with proper film thickness and free of runs, sags, skips and other defects. G. Hardware, hardware accessories, plates, lighting fixtures and similar items in place shall be protected prior to painting and protection removed upon completion of each space. 1. Wash exposed metal with solvent then prime and paint as scheduled. 2. Spray paint wherever practical. Do not paint over Underwriters' labels, fusible links or recessed screws. H. Exposed plumbing and mechanical items without a factory finish such as conduits, access panels and items of similar nature are to be painted to match adjacent pole. 3.04 CLEAN -UP OVERSPRAY OR SPILLAGE ONTO ADJACENT SIDEWALK, STREET, PRIVATE OR PUBLIC PROPERTY AND VEHICLES IS PROHIBITED. CONTRACTOR WILL BE RESPONSIBLE FOR ALL DAMAGES CAUSED BY OVERSPRAY OR SPILLAGE. Upon completion of the work, the Contractor will remove all equipment, excess material and debris and leave the area in a neat and orderly condition. 3.05 PAINT FINISH SCHEDULE Finish all surfaces in accordance with the following schedule. Catalog names and numbers refer to products as manufactured by the VISTA PAINT CORPORATION, Fullerton, California. The Vista contact for this project is Wayne Miele 714 - 792 -2794 • 30' Street light poles — 9900 Protec Alkyd Emulsion - Gloss Enamel #34 Cape Cod Gray • 16' Double Kings - 9900 Protec Alkyd Emulsion - Gloss Enamel Hunter Green or 9900 Protec Alkyd Emulsion - Gloss Enamel Black • 16' Single Kings — Same as Double Kings 25G -16 3.06 PROTECTION A. Protect all newly repainted exterior surfaces from rain and snow, condensation, contamination, dust, salt spray and freezing temperatures until paint coatings are completely dry. Curing periods shall exceed the manufacturer's recommended minimum time requirements. B. Erect barriers or screens and post signs to warn, limit or direct traffic away or around work area as required. 25G -17 EXHIBIT A -1 MAP OF PROJECT AREA 25G -18 2<.z zowF -x EEI yip 1S NIVW IS NlVW ui a 57 cot A I J LU 1---Lll=� " cl IS NIVW z z -----NIVW LU 4 IS NIVW z I I j � al=- I NIVW J-1 IS NIVW 0 9 NIVW co pl IS NIVW M U) It co cot A I J LU 1---Lll=� " cl IS NIVW z z -----NIVW LU 4 IS NIVW z I I j � al=- -- J-1 IS NIVW 0 IS NIVW M U) cot A I J LU 1---Lll=� " cl IS NIVW z z -----NIVW LU 4 IS NIVW z 25G -19 � al=- -- J-1 M 'A ril , 25G -19 25G-20 1vw A. 777 pG uj LU 0 Z LL Z IS NIVW 0)i 0 0 -j LU be cc lm i Ot UJ IS NIVW �> IS NIVW IS N1' NIVW u — IS NIVW 2 - LL. x 0 wo. ------ W�� Q m J Q 0 w w 0 IS NIVW O F (L - z IS NIVW IS I m z F LL F�tl --4 - - 25G-20 1vw A. 777 pG uj LU 0 Z LL Z IS NIVW 0)i 0 0 -j LU be cc lm i Ot UJ IS NIVW �> IS NIVW IS N1' NIVW u — IS NIVW 2 - LL. x 0 wo. ------ W�� Q m J Q 0 w w F (L 0 25G-20 1vw A. 777 pG uj LU 0 Z LL Z IS NIVW 0)i 0 0 -j LU be cc lm i Ot UJ IS NIVW IS NIVW IS N1' W wo. 0 ti F w F (L 0 25G-20 1vw A. CL 40 oQ LU LU IL al IS NIVW IS NIVW IS N1' wo. ti 25G-20 1vw A. W z 40 oQ 25G-20 EXHIBIT B -1 CONTRACTOR'S PRICE PROPOSAL 25G -21 IlExhibit B- VII. CONTRACF PRICING Contractor is to provide all labor, equipment and materials necessary for saceessfnd completion of this project in accordance with the specifications herein. All pricing shall be effective for one hundred eighty (1S0) days from date of proposal. Proposers must provide cost for painting services described in the specifications outlined in Exhibit B and in the special provisions. Minm deviations from specifcatiow may be permitted_ Proposers nest Gat an deviations from specifications, if any, on a separate sheet. At the discretion of the Director, one or more optional add -tin locations and specialized services mayor may not be mi chided in. agreement with contractor. In addition, the City at the discretion of the Director, reserves the right to decrease the scope of work during the duration of the agreement. MATERIAL COST Street light pole painting (2 10) L Prepare and paint 30' Street light pole and luminaire arm ADDITIONAL PROPOSAL (EACH) 1. Prepare and paint "double king" historic streetlight pole 2_ Prepare and paint "single king" historic streetlight pole EACH EXTENSION a� tre7 $ 3E V70 $ ISO 00 $ 2�D City of Santa Ana I Street light pole painting RFP 25G -22 .� 9 ■ � ^ . � Exhibit 3 Street Light Pole Repainting Streetlight Restoration Specialists, Inc. 7189 Walnut Canyon Road Moorpark, CA 93021 805.368.6580 Phone - 805.426.4731 Fax July 6, 2011 City of Santa Ana 20 Civic Center Plaza, M -21 Santa Ana, CA 92701 Attn: Kurt Wiemann RE: Street Light Pole Repainting To Whom It May Concern, In regards to the above referenced project, we would like it to be known that although our intent is for our owners to perform all of the work on this job, should additional help be required, we will do our best to seek and hire employees that live in the city of Santa Ana. Should you require any further information please contact me anytime. Best Regards, Brian Moran Streetlight Restoration Specialists, Inc. License 811227 805.368.6580 25G -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE PUBLIC FACILITIES NAMING NO. 2011 -01 TO NAME THE PUBLIC PROPERTY LOCATED AT 325 EAST FOURTH STREET CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: U2 - 0:W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the public facilities naming request initiated by the City of Santa Ana by naming the property located at 325 East Fourth Street one of the following: Plaza (or Placita) Calle Cuatro, Plaza (or Placita) Cinco de Mayo, Plaza (or Placita) Santa Ana, Plaza (or Placita) Fiesta or El Zocalo (Public Facilities Naming 2011 -01). BACKGROUND The City Council at its meeting on August 1, 2011, initiated the naming of the city -owned property located at the northwest corner of Fourth and French Streets (325 East Fourth). This action does not require a public hearing pursuant to SAMC §33 -7 (Exhibit 1). History of Property This 8,785 square -foot property was acquired by the City in 1984. That same year the City licensed its use to the Downtown Santa Ana Business Association ( DSABA) for the El Faisan Mercado and paseo. El Faisan was designed to accommodate four kiosk -type businesses. Accordingly, DSABA executed a lease with Javier Marin dba El Faisan. The original license agreement with DSABA was later transferred to the Downtown Business Improvement District Advisory Board in 2005, and it included a new month -to -month agreement for use of El Faisan. And finally, the City entered into a direct month -to -month agreement with Mr. & Mrs. Marin dba El Faisan in 2007. In 2009, after an assessment of the extensive repairs to the structures that would be necessary, the City gave notice to Mr. & Mrs. Marin of its intention to cancel the lease as of December 31, 2009. An extension was granted and the property was vacated as of January 31, 2010. Demolition of the structures and clean up of the site was completed in early March 2010. 55A -1 Public Facilities Naming 2011 -01 AUGUST 24, 2011 Page 2 The property has been used for temporary events since 2010. Organizations and community groups have used the property for events such as: a diabetes health fair, a Flag Day event, a Cinco de Mayo celebration, a Harvey Milk celebration, and soccer clinics. Applications to use the property are available from and issued by the Santa Ana Police Department. The site is available for public use. FISCAL IMPACT There is no fiscal impact associated with this action. Jay . Trevino Executive Director Planning & Building Agency JMT:rb Wreports \Public Facility Naming 2011 -01.cc Exhibit: 1. SAMC §33 -5 through 33 -8 55A -2 Sec. 33 -7. Same -- Public hearings. (a) Prior to any change of name of an existing street, if the renaming would change the street address of one or more occupants of abutting property, the planning commission shall hold a public hearing on the proposed street renaming. The director of planning and development services shall endeavor to mail or deliver written notice of the proposed renaming to all such affected occupants at least ten (10) days prior to the date of the hearing, but the failure of any such affected occupant to receive such notice shall not invalidate any determination to change the name of the street made pursuant to this article. (b) In cases other than those governed by subsection (a), the director of planning and development services, the planning commission, or the city council may set a public hearing on any request for the naming or renaming of any street or other facility, subject to such notice as they deem appropriate. (Ord. No. NS- 1683, § 3, 6- 20 -83) Sec. 33 -8. Same -- Review by the council. (a) Following the decision of the planning commission under section 33 -6, the director of planning and development services shall prepare a report of the commission's action, summarizing the public input, if any, and the reasons for the commission's decision. Such report shall be submitted to the city council at its first regular meeting occurring at least ten (10) days after the commission's action. The city council may affirm the commission's decision, remand the matter back to the planning commission for further consideration, or make its own decision on the matter. (b) Any person who desires to express opposition to the planning commission's decision may address the council prior to the council's action under this section or may submit such opposition in writing prior to such time. The director of planning and development services shall provide notification of the date and approximate time of the council's action to any person who requests such notification. (Ord. No. NS -1683, § 4, 6- 20 -83) 55A -3 55A -4 ROH - 08/15/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO NAME THE PUBLIC PROPERTY LOCATED AT 325 EAST FOURTH STREET (PUBLIC FACILITIES NAMING NO. 2011- 01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On August 1, 2011, the City Council initiated the naming of the 8,785 square -foot, city -owned property located at 325 East Fourth Street, on the northwest corner of Fourth Street and French Street. B. The City Council held a duly noticed meeting on August 15, 2011. At that meeting, Public Facilities Naming No. 2011 -01 came before the City Council. Since this proposal was initiated by the City Council, this action did not require a public hearing pursuant to Santa Ana Municipal Code Section 33 -7. C. The City Council took into consideration the policy guidelines contained in Santa Ana Municipal Code Section 33 -6, and decided to name the property located at 325 East Fourth Street the Section 2. The City Council of the City of Santa Ana hereby approves Public Facilities Naming No. 2011 -01 to name the property located at 325 East Fourth Street the ADOPTED this day of Miguel A. Pulido Mayor 55A -5 .2011. Resolution No. 2011 -XXX Page 1 of 2 APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2011 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on , and that said resolution was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana M 1 Resolution No. 2011 -XXX Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE EXTENSION OF CONDITIONAL USE PERMIT NO. 2009-11 TO ALLOW THE EXPANSION OF THE WINTERSBURG PRESBYTERIAN CHURCH AT 2000 NORTH FAIRVIEW STREET LL CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Conditional Use Permit No. 2009 -11. DISCUSSION In August 2009, the City Council approved Conditional Use Permit No. 2009 -11 to allow an expansion to the Wintersburg Presbyterian Church at 2000 North Fairview Street. The conditional use permit allowed the construction of approximately 34,348 square feet of floor area, including a new two -story gymnasium building, classrooms and a parent's room. Due to a significant shift in the overall economy over the past few years, the Wintersburg Church had been unable to secure the funds necessary to begin construction on the project. As a result, the entitlements for the site are ready to expire. Pursuant to Section 41 -647 of the Santa Ana Municipal Code (SAMC), conditional use permits (CUP) automatically become void should the property owner fail to institute an action to comply with the provisions of the CUP within two years of its approval. This section of the code also allows the property owner to request an extension of the entitlement up to a period of three years from the date of expiration. Since construction has yet to begin, the applicant would like to maintain the entitlements for the conditional use permit and is requesting a one year extension of the entitlements. The applicant has submitted plans to the City and has commenced the Building plan check process. Since the project will be moving forward within the next few months, the Planning Division recommends that the entitlements for the church expansion project be extended by a period of one year from the date of approval to August 3, 2012. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. 55B -1 Extension of CUP No. 2009 -11 AUGUST 24, 2011 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Jay . Trevino ecutive Director Planning and Building Agency VF:rb vfireports\CUP09 -11 extensionzc ROH — 08/15/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2009 -11 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 2000 NORTH FAIRVIEW STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In August of 2009, the City Council approved Conditional Use Permit No. 2009 -11 to allow an expansion to the Wintersburg Presbyterian Church at 2000 North Fairview Street. B. The applicant has requested a one year extension for Conditional Use Permit No. 2009 -11. It is the Planning Division's policy to recommend no more than one year extensions, mainly in an effort to encourage the construction of previously approved projects. C. The extension request came before the City Council on August 15, 2011. D. Due to the significant shift in the overall economy over the past few years, the Wintersburg Church had been unable to secure the funds necessary to begin construction on the project. However, the applicant has submitted plans to the City, has commenced the Building plan check process, and the project will be moving forward within the next few months. E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence, these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. F. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061(b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Conditional Use Permit No. 2009 -11 is hereby extended for a period of one (1) year from the date of approval to August 3, 2012. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request 55B -3 Resolution No. 2011 -XXX Page 1 of 3 for Council Action dated August 15, 2011, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of August, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka Interim City Attorney in Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011 -XXX Page 2 of 3 55B -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- 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 55B -5 Resolution No. 2011 -XXX Page 3 of 3 6, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: PROPOSED AMENDMENT TO CLASSIFICATION AND COMPENSATION PLAN TO ADD PARTTIME JOB TITLES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution that amends the City's basic Classification and Compensation Plan (Resolution 82 -110) to create four part-time job classifications. DISCUSSION For many years the City has used Police Reserves to perform law enforcement duties similar to those assigned to Police Officers. These Reserves are used in addition to full -time Officers in order to maintain or enhance minimum staffing standards, as well as provide assistance in support of other Police Department functions such as Helicopter Observer, Traffic Enforcement Officer, Drunk Driving Enforcement Officer, and Front Desk Officer. Police Reserves also work in areas not normally assigned to Police Officers, such as the Firing Range, and in support of the Mental Health Department. It is proposed that Police Reserves will also be used to support anti - prostitution, anti - narcotic and other law enforcement operations. Police Reserves are categorized into three different levels, based on the training and certification they have received from the California Commission on Police Officers Standards and Training (POST). They generally work 24 hours per month in patrol, with additional hours in the assignment areas described above. Although these Police Reserves are classified as volunteers, they receive a stipend of up to $700 per month plus reimbursable uniform and equipment expenses. This is comparable to the compensation provided by other agencies for fully - qualified Police Reserves; however, it exceeds the nominal fee allowance permitted for volunteer services. Therefore, the Police Chief is proposing the creation of four part-time job classifications to convert the status of these Reserves from volunteers to part-time employees. Three of the part-time classifications would reflect the three POST - certified levels of Police Reserves (Police Reserve Level 1, Police Reserve Level 2 and Police Reserve Level 3); the fourth part-time classification would function as a supervisor (Police Reserve Sergeant). Compensation for each of these part-time job classifications would 55C -1 Proposed Amendment to Classification & Compensation Plan AUGUST 24, 2011 Page 2 of 2 reflect the level of work responsibility and POST certification, and would be derived by converting the current monthly stipend into an equivalent hourly rate. The creation of these part-time job classifications will not only provide a more appropriate category of employment for personnel performing law enforcement duties on a part-time basis, it will result in greater control over scheduling and staffing predictability. FISCAL IMPACT There is no fiscal impact associated with these actions. Kathie Gonzalez Executive Director Personnel Services Department >> r L r Paul Walters Police Chief Police Department 55C -2 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 82 -110 TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN TO ADD FOUR NEW PART TIME CLASSIFICATION TITLES IN THE POLICE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. On August 2, 1982, the City Council passed and adopted Resolution No. 82 -110 revising and re- establishing the Basic Classification and Compensation Plan for Officers and Employees of the City of Santa Ana. C. It is the City's practice to assign job titles that reflect the duties and responsibilities of the classification and are consistent with other classifications within the City's organizational structure as well as comparable job titles in the labor market. D. The Interim City Manager proposes to create four (4) new part time classification titles. E. It is now desired to amend Council Resolution No. 82 -110, as amended, in order to effect these changes. Section 2: That Section 3.5.1 Classification Titles and Wage Rates for Unaffiliated Categories of Non -Civil Service Part-Time Employment of Resolution No. 82 -110, as amended, be further amended by adding the following part-time titles, in alphabetical order, assigned to the hourly pay step set forth below: Basic Hourly Wage Rates Effective 8/1/11 Classification Title Step A Step B Step C Step D Step E Police Reserve Level 1 $29.16 Police Reserve Level 2 $20.83 Police Reserve Level 3 $16.66 Police Reserve Sergeant $32.08 55C -3 Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 82 -110, as amended, shall remain in full force and effect. Section 4: This Resolution shall be operative from and after August 1, 2011. ADOPTED this 15th day of August, 2011. APPROVED AS TO FORM: City Attorney's Office By: Joseph Straka Interim City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 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- to be the original resolution adopted by the City Council of the City of Santa Ana on August 15, 2011. Date: 55C -4 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: RESOLUTION FOR SAFE ROUTES TO SCHOOL GRANT APPLICATIONS ( L �, LIL, CITY MANAGER CLERK OF COUNCIL USE ONLY: /- 1,,:Z61yJ :I ❑ As Recommended ❑ As Amended • Ordinance on 1st Reading • Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution supporting state funding of five projects in the City and authorizing the Executive Director of the Public Works Agency to submit projects for funding consideration under California's Safe Routes to School Program. DISCUSSION The State of California Department of Transportation has issued a call for projects for the Safe Routes to School Program (SRTS). This is a federally funded program that provides construction funds for projects to improve school pedestrian safety such as traffic signals, school signage, driver feedback signs, new sidewalks, and pedestrian /bicycling safety educational campaigns. Staff is requesting authorization to submit five projects for SRTS funding for fiscal year 2011/2012 (Exhibit 1). Given the need for these improvements, staff recommends that the City Council adopt a resolution supporting State funding of these projects and authorizing the Executive Director of the Public Works Agency to submit the designated projects for funding consideration under the Safe Routes to School Program. ENVIRONMENTAL IMPACT Environmental reviews will be conducted for those projects that receive funding and will be presented to the City Council when the construction contract(s) is awarded. These types of projects typically qualify for Categorical Exemptions. 55D -1 Authorization to Submit SRTS Project Applications AUGUST 24, 2011 Page 2 of 2 FISCAL IMPACT Since the Safe Routes to School Program is federally funded, no matching funds from the City are required. f�l WIN Raul odinez, II Executive Director Public Works Agency Exhibit 1: Projects Recommended Exhibit 2: Resolution 55D -2 SAFE ROUTES TO SCHOOL PROGRAM PROJECTS RECOMMENDED FOR GRANT APPLICATION FY 2011 -12 Location Improvement Related School Cost Flower Street and New Traffic Signal, signage, Lowell Elementary $367,866 Walnut Street Wheelchair Ramps, new school signage Hazard Avenue 240- New Sidewalks, Wheelchair Hazard Elementary $570,716 feet east of school Ramps, cross gutter, Right-of- way Acquisitions McFadden Avenue and New Traffic Signal, signage, King Elementary $367,866 Pacific (south leg) Wheelchair Ramps, new school signage Standard at Bishop New Traffic Signal, signage, Walker Elementary $367,866 Wheelchair Ramps, new school signage City Wide Pedestrian General pedestrian educational Schools, senior centers, $338,940 Educational Campaign campaign targeted to Schools, and Neighborhoods seniors, and Neighborhoods citywide Total $2,013,254 Exhibit 1 55D -3 Lss07/21/11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO SUBMIT FIVE PROJECTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR FUNDING THROUTH THE FEDERAL SAFE ROUTES TO SCHOOL 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. Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU), enacted by Congress in August 2005, authorized a federal Safe Routes to Schools (SRTS) construction program ( "Program ") to provide funds for construction and improvement projects that improve the safety and increase the usage of pedestrian and /or bicycle routes to and from schools. B. Eligible projects include the construction and improvement of school pedestrian and bicycle safety projects such as traffic signals, school signage, in- pavement lighted crosswalks, and traffic calming projects. C. The California Department of Transportation (CalTrans) as administrator of the Program is required to make grants available to local governmental agencies statewide on a competitive basis. D. The City of Santa Ana possesses the legal authority to nominate, finance, acquire and construct projects which are eligible for funding under the Program. E. The City Council of the City of Santa Ana supports efforts to improve pedestrian and bicyclist safety in the City of Santa Ana. Section 2. The City Council of the City of Santa Ana (a) authorizes the Executive Director of the Public Works Agency, or his designee, as agent for the City, to execute and submit all necessary documents, including but not limited to applications and agreements required to be submitted to CalTrans for the five (5) projects identified in Exhibit 1 attached hereto, and (b) ratifies any application previously submitted by the Director for funding of said projects under the federal Safe Routes to Schools Program. 55b-4 Lss07 /21 /11 Section3. 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: Laura S. Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of Council City of Santa Ana 551 -5 Lss07/21/11 SAFE ROUTES TO SCHOOL PROGRAM PROJECTS RECOMMENDED FOR GRANT APPLICATION FY 2011 -12 Location Improvement Related School Cost Flower Street and New Traffic Signal, signage, Lowell Elementary $367,866 Walnut Street Wheelchair Ramps, new school signage Hazard Avenue 240- New Sidewalks, Wheelchair Hazard Elementary $570,716 feet east of school Ramps, cross gutter, Right-of- way Acquisitions Mcfadden Avenue and New Traffic Signal, signage, King Elementary $367,866 Pacific (south leg) Wheelchair Ramps, new school signage Standard at Bishop New Traffic Signal, signage, Walker Elementary $367,866 Wheelchair Ramps, new school signage City Wide Pedestrian General pedestrian educational Schools, senior centers, $338,940 Educational Campaign campaign targeted to Schools, and Neighborhoods seniors, and Neighborhoods citywide Total $2,013,254 55b-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended ADOPT A RESOLUTION TO AMEND THE PARS TRUST El Amended El O Or rdinance on 15t Reading PLAN TO INCLUDE INCUMBENT POLICE OFFICERS ❑ Ordinance on 2nd Reading ASSOCIATION (POA) PRESIDENT ❑ Implementing Resolution ❑ Set Public Hearing For_ () �J� CITY MANAGER RECOMMENDED ACTION CONTINUED TO Adopt a resolution to amend the Public Agency Retirement Services ( "PARS ") Trust fund to allow the incumbent POA President to participate under the plan. DISCUSSION The City created a PARS Trust Plan on April 18, 2011, to provide a stipend for twenty -five (25) POA retirees that were denied reportable compensation under the California Public Employee Retirement System (CaIPERS) for salary increases they received in exchange for participating in an unpaid furlough program. A similar situation has occurred with the incumbent POA President who has been denied reportable compensation for a special assignment pay premium ( "Union Pay ") he was receiving as the POA President. The incumbent POA President began receiving Union Pay effective September 16, 2007, as part of his compensation, and this premium was reported to CaIPERS accordingly. However, during a recent audit by CaIPERS, the City was notified that the Union Pay premium did not meet the definition of compensation. Therefore, the City and POA negotiated an alternate method of providing a stipend to the incumbent POA President that will reflect the actual salary he would have received upon retirement. The City proposes to amend the current plan document with the Public Agency Retirement Services ( "PARS ") Trust fund to include the incumbent POA President. No additional retirees will be eligible to participate in the supplementary retirement plan. 55E -1 Amendment to the PAR Trust Plan AUGUST 24, 2011 Page 2 FISCAL IMPACT First year costs are estimated to be $26,000 and ongoing annual costs are estimated to increase in subsequent years at the rate of 2% per year. The lump sum cost for purchasing this annuity is estimated at about $570,000. Funds are available under the liability account (08009051- 62300). The cost of this supplemental retirement program will be offset by a corresponding reduction in the City's PERS rate. Y Kathie Go zalez Executive Director Personnel Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency! 55E -2 Js8/10/12 RESOLUTION NO. X A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PARS TRUST SUPPLEMENTARY RETIREMENT PLAN TO INCLUDE CURRENT POLICE UNION PRESIDENT PAY 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. Effective April 18, 2011, the City of Santa Ana adopted a supplemental retirement plan with the Public Agency Retirement System ( "PARS ") (the "Plan "). The Plan's purpose was to provide a stipend for twenty -five (25) Police Officer Association ( "POK) retirees that were denied PERSable compensation under the California Public Employee Retirement System (CaIPERS) for salary increases they received in exchange for participating in an unpaid furlough program. B. The Plan provided that "The Employer shall have the right to amend, modify or terminate this Plan at any time ". C. A recent CaIPERS audit determined that the special assignment pay received by the POA president did not meet the definition of compensation and would not be considered reportable compensation in the calculation for PERS retirement benefits. D. The City proposes to amend The Plan with PARS to include the incumbent POA President so as to provide the level of benefits he would have received had PERS not determined the Union Pay to be not - reportable. No additional retirees will be eligible to participate in the supplementary retirement plan. Section 2: The City Council of the City of Santa Ana hereby approves the following amendments to the PARS Trust Plan originally approved April 18, 2011: A. Section 1.1 "Eligibility for Benefits ", is hereby amended to add an additional Benefit Tier, to read in full as follows: Tier I An Employee shall be eligible to receive Retirement Benefits under this Plan if he or she: 55E -3 (a) Is and Employee of the Employer represented by the Police Officers Association on or after July 1, 2009; (b) is at least fifty (50) years of age and has completed at least five (5) years of continuous employment with the Employer immediately preceding the last day of employment with the Employer; (c) received a salary increase on July 1, 2009 and /or January 1, 2010, which was not recognized by CalPERS for purposes of computing Final Pay; (d) has terminated employment with the Employer and concurrently retired under CalPERS on or before December 31, 2010, and remains in retired status under CaIPERS; and (e) has applied for benefits under this Plan. Tier II An Employee shall be eligible to receive Retirement Benefits under this Plan if he or she: (a) is an Employee of the Employer serving as the Union President for the Police Officers Association on July 1, 2011; (b) is at least fifty (50) years of age and has completed at least five (5) years of continuous employment with the Employer immediately preceding the last day of employment with the Employer; (c) received a Union Pay Premium which was not recognized by CaIPERS for purposes of computing Final Pay; (d) has terminated employment with the Employer and concurrently retired under CalPERS on or before December 31 2011 and remains in retired status under CaIPERS: and (e) has applied for benefits under this Plan. B. Article VII, Section 7.1, "Definitions" is hereby amended to change the definition of Benefit Final Pay, to read in full as follows: "Benefit Final Pay" means the salary increase granted on July 1, 2009 and /or January 1, 2010 or the Union Pay Premium, which was not recognized by CalPERS for purposes of computing Final Pay. 55E -4 Section 3: Except as hereby amended all existing terms and conditions of the PARS Trust Plan shall remain in full force and effect. Section 4: The City Council certifies that the City of Santa Ana will comply with applicable Federal, State, and /or local laws, rules, and regulations. 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 September 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: 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- 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 -5 55E -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 24, 2011 TITLE: PUBLIC HEARING — AMENDMENT OF MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEM NT DIST�ICT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution amending the Management District Plan to adjust the district boundaries to exclude territory from the Downtown Santa Ana Community Management District. 2. Approve the Amended Downtown Santa Ana Community Management District - The Management District Plan and Engineer's Report reflecting the boundary modifications. 3. Authorize staff to submit the FY 2011 -12 Downtown Santa Ana Community Management District special assessment data to the Orange County Auditor - Controller on August 25, 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. submitted a written request for City Council to modify the boundaries of the CMD and also submitted a proposed boundary modifications map (Exhibit 1). This item was continued from the July 18, 2011 to the August 1, 2011 City Council meeting to allow additional maps to be submitted for consideration. Subsequently, legal counsel declared that Council's consideration of the CMD boundary changes is limited to only the one proposed map submitted by the property owners association per the Santa Ana Municipal Code. On August 1, 2011, City Council adopted a resolution of intent to modify the Management District Plan to adjust the boundaries and set the public hearing for August 24, 2011. If modifications to 75A -1 Resolution to Modify the Management District Plan to Adjust CMD Boundaries August 24, 2011 Page 2 the boundaries are approved at the public hearing, the Management District Plan and the Engineer's Report will also need to be amended (Exhibit 2). The Engineer's Report, which is a component of the Management District Plan, is critical in substantiating and analyzing the special benefits conferred within the proposed amended boundaries of the CMD. The property /business owners were mailed notification of this pending action before the City Council, and the appropriate public notice of the hearing was published in the Orange County Register newspaper on August 12, 2011, as required by Section 13 -212 of the Santa Ana Municipal Code. Staff also requests Council's approval to submit the FY 2011 -12 Downtown Santa Ana Community Management District special assessment data to the Orange County Auditor - Controller on August 25, 2011. If City Council adopts the resolution and modifies the CMD boundaries, the assessment data based on the reduced number of properties will be submitted to the County. If City Council does not adopt the resolution to modify the boundaries, the assessment data based on the existing number of properties within the current boundaries will be submitted to the County. Following this action, Downtown, Inc. will submit an Annual Report for FY 2010 -11 pursuant to Section 13 -211 for City Council consideration at the September 6, 2011 meeting. FISCAL IMPACT There is no fiscal impact associated with this action. 2 cc--n Nancy T. E e_& Interim Exeector Community Development Agency NTE /sg Exhibits: 1. Proposed Map 2. Amended Downtown Santa Ana CMD Management District Plan & Engineer's Report 3. Resolution 75A -2 is y5ai v� ®ice ■�IL1�� ■���5� 3a0Wtl0A is ssoa U) O U) � Co O a- s Y U O O N L- O ca ca O c O O a .d O a) a d a.� -0 �: O tB O CP d .c is a3nnoia 3 1 {I r Q N U U) C N E O r O7 O ca �k C .-. cu U �L to >_ 0 c -f+ =1 c C C G Q �U m � c C/)Q Q ca C C Q m C: /m OVJ 0 4- C O >, O U� 0 N N O) C M t U N U) O Q O L- 0- EXHIBIT 1 75A -3 MATERIALS TO FOLLOW Amended Downtown Santa Ana CMD Management District Plan & Engineer's Report Exhibit 2 75A-4 ROH (08/24/11) RESOLUTION NO. 2011 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE MANAGEMENT DISTRICT PLAN TO ADJUST THE BOUNDARIES AND ENGINEER'S REPORT FOR THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On December 15, 2008, by Resolution No. 2008 -078, which was later amended by Resolution No. 2009 -026, 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 was 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. On August 1, 2011, The City Council adopted Resolution No. 2011 -049 stating its intent to consider, at a public hearing on August 24, 2011, amending all maps, notices, and descriptions of the boundaries in the Management District Plan and required by the Law, including the Engineer's Report, to reflect the decreased boundaries of the CMD proposed by Downtown, Inc., which will reduce the number of parcels included within the district. EXHIBIT 3 75A -5 Resolution No. 2011 -XXX Page 1 of 3 F. Pursuant to Section 13 -212 of the Law, notice of the draft resolution of intention was mailed and notice of the final resolution of intention was mailed and published as required by the Law. Section 2. A duly noticed public hearing was held on August 24, 2011, as required by the Law. Section 3. The Management District Plan of the CMD, including the boundaries and the Engineer's Report, shall be modified as proposed by Downtown, Inc. to decrease the number of parcels included within the CMD. All other necessary actions required by the Law to effectuate this amendment shall be taken, including the recording of an amended notice and map with the county describing the amended assessment district. Section 4. The Management District Plan for the Santa Ana Downtown Community Management District, as amended to reflect the changes set forth in Section 3 of this Resolution and on file in the Clerk's Office, is hereby approved and shall supersede the Plan previously approved by the City Council. 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 24th day of August, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph A. Straka Interim City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011 -XXX Page 2 of 3 75A -6 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 EXHIBIT 3 75A -7 Resolution No. 2011 -XXX Page 3 of 3 [rlIQOO� REQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: AUGUST 24, 2011 TITLE: CITY COUNCIL RESOLUTION OF INTENT TO ENACT AN ORDINANCE PURSUANT TO ABX1 27 AND RESOLUTION ESTABLISHING ENFORCEABLE OBLIGATION PAYMENT SCHEDULE OF THE SANTA ANA COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO ABX1 26 i %4► WR &6d azio CITY MANAGER INTE EXECUTIVE RECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: -0• I, ❑ 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 of the City Council of the City of Santa Ana declaring its intention to enact an Ordinance whereby the City shall elect to comply with and participate in the alternative voluntary redevelopment program contained in Part 1.9 of Division 24 of the California Health and Safety Code. COMMUNITY REDEVELOPMENT AGENCY ACTION Adopt a Resolution of the Community Redevelopment Agency of the City of Santa Ana establishing an initial Enforceable Obligation Payment Schedule pursuant to ABX1 26. DISCUSSION On June 28, 2011, the Governor of California signed two bills that impact redevelopment agencies throughout the State, ABX1 26 and ABX1 27. ABX1 26, which is referred to as the "Dissolution Bill," suspends most redevelopment agency activities effective immediately and directs the dissolution of redevelopment agencies and the designation of successor agencies as of October 1, 2011. The bill also requires agencies to establish an Enforceable Obligation Payment Schedule (EOPS) by August 28, 2011. The EOPS must include items such as project name, payee, a brief project description, and the monthly payments through December 2011. The second bill, ABX1 27, which is referred to as the "Continuation Bill," creates an alternative voluntary redevelopment program that allows the continued existence of redevelopment agencies Resolutions Pursuant to ABX1 26 & ABX1 27 August 24, 2011 Page 2 if the legislative body of the city or county makes annual "community remittances" to school districts and special districts. The State hopes to realize $1.7 billion from these payments statewide in FY 2011 -12 and an additional $400 million each subsequent year. In order to participate in the alternative voluntary redevelopment program, the City is required to enact an ordinance to comply with Part 1.9 of Division 24 of the California Health and Safety Code by October 1, 2011. However, the City can adopt a non - binding resolution of intent to enact the ordinance and extend the deadline to November 1, 2011. The California Redevelopment Association and League of California Cities filed a lawsuit in the California Supreme Court challenging the constitutionality of this legislation and seeking an immediate stay of both bills. On August 11, 2011, the California Supreme Court agreed to review the petition and stayed specified portions of the legislation, indefinitely postponing certain provisions' effectiveness. Legal counsel is recommending that the City preserve its options by proceeding with the adoption of both the Agency Resolution establishing the Enforceable Obligation Payment Schedule, as well as the City Council Resolution declaring its intention to enact a Continuation Ordinance. While this matter is being considered in court, the Agency can continue with its "enforceable obligations "; however, no new agreements, amendments to existing agreements, disposition of assets (except per existing enforceable obligations), etc. are permitted. The stay will remain in effect until the court issues a decision, which is expected by January 15, 2012. The State Department of Finance recently released the official remittance amounts due from each redevelopment agency for FY 2011 -12 pursuant to ABX1 27. The Community Redevelopment Agency of the City of Santa Ana's (Agency) amount is $20,489,170. If the continuation ordinance is enacted, this amount is due in two equal payments on January 15, 2012 and May 15, 2012. The remittance amount thereafter is approximately $5 million annually. However, as provided by the legislation, the Agency filed an appeal on August 15, 2011 with the California Department of Finance regarding the "opt -in" remittance amount. It has been determined that there were 96 successful property tax assessment appeals that were filed and resolved for FY 2008 -09, resulting in an estimated appeals refund totaling $741,995. As the majority of the successful appeals were not resolved by the County of Orange until 2009 and 2010, this information was not available at the time the Agency was required to submit the 2008 -09 State Controller's Report. Factoring this into the state's formula may result in a decrease in the initial base year remittance amount by as much as $350,000. Many cities /counties are also expected to file appeals. Therefore, it cannot be assured that the state will not make further adjustments to the calculations that will affect the estimated remittances. The State Director of Finance has until September 15, 2011 to reject or approve the appeal, and may also extend the decision deadline until October 15, 2011. The Department of Finance has indicated it will review appeals and issue advisory opinions pending the California Supreme Court- issued partial stay on the petition challenging the constitutionality of ABX1 26 and 27. x:11 Resolutions Pursuant to ABX1 26 & ABX1 27 August 24, 2011 Page 3 It is estimated that the Agency stands to receive approximately $728.22 million ($294.41 million net present value) in net tax increment revenues over the remaining life of the merged project area by participating in the voluntary continuation program. Given that Santa Ana's redevelopment efforts significantly contribute to much - needed economic and physical community revitalization, affordable housing development, and the general enhancement of our city, it is recommended that the Agency continue to take the necessary steps to implement ABX1 27. The tentative schedule for the other required components of ABX1 27 include: September 6, 2011 for the first reading of the Continuation Ordinance; and September 19, 2011 for the second reading of the ordinance. FISCAL IMPACT There is no fiscal impact associated with this action. Sandi Gottlieb Redevelopment Project Manager Community Development Agency NTE /SG /mlr Exhibits: 1. Council Resolution of Intent to Enact an Ordinance 2. CRA Resolution Establishing an Initial EOPS �;117Ma 8/9/11 LES RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO ENACT AN ORDINANCE WHEREBY THE CITY SHALL ELECT TO COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE 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 conclusively finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana ( "Agency ") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ( "CRL ") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Santa Ana ( "City„). B. The Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan for the Merged Project Area ( "Redevelopment Project ") which was adopted by and through a series of ordinances of the City Council, which ordinances approved a redevelopment plan, as amended periodically, all in compliance with the requirements of the CRL. C. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011 -12 budget bills, were approved by both houses of the Legislature on June 15, 2011, and signed by the Governor on June 28, 2011. D. Part 1.85 of the CRL ( "Part 1.85 ") provides for the statewide dissolution of all redevelopment agencies, including the Agency, as of October 1, 2011, and provides that, thereafter, a successor agency administer the enforceable obligations of the Agency and otherwise wind up the Agency's affairs, all subject to the review and approval of an oversight committee. E. Part 1.8 of the CRL ( "Part 1.8 ") provides for the restriction of activities and authority of the Agency in the interim period prior to dissolution to certain "enforceable obligations" and to actions required for the general winding up of affairs, preservation of assets, and certain other goals delineated in Part 1.8. EXHIBIT 1 8OA -4 8/9/11 LES F. The dissolution of the Agency would be detrimental to the health, safety, and economic well -being of the residents of the City and cause irreparable harm to the community, because, among other reasons, the redevelopment activities and projects made possible, implemented, and funded by the Agency are highly significant and of enduring benefit to the community and the City, and are a critical component of its future. G. Part 1.9 of the CRL ( "Part 1.9 ") provides that a redevelopment agency may continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9 ( "Program "). H. As a condition of the Agency's continued existence and operation of its redevelopment agency, the City is required to make certain annual remittances to the county auditor - controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for the 2011 -2012 fiscal year ( "First Remittance "), to be paid in two equal installments on January 15, 2012 and May 15, 2012. I. The City and Agency expect that there will be sufficient moneys and revenues to fund an amount equal to the City's payment of the First Remittance and further expect to have sufficient moneys and revenues to fund the subsequent annual remittances required by Part 1.9. J. The City's needs are such that it can commit to spend the funds received from the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance activities within the Redevelopment Project that are related to accomplishing the goals of the Redevelopment Project. K. The City intends to adopt the ordinance required by Part 1.9, in order to allow the Agency to continue in operation and performing its functions ( "Ordinance "). L. The City intends to adopt the Ordinance and desires to forestall the dissolution of the Agency until November 1, 2011 to allow the City sufficient time to enact the Ordinance. M. The City and Agency desire to enter into an agreement pursuant to CRL Section 34194.2 whereby the Agency shall make an initial transfer of a portion of its tax increment to the City in an amount equal the First Remittance, and thereafter to transfer amounts of tax increment equal to any subsequent remittance which the City is required to make to the county auditor - controller pursuant to the City's participation in the Program ( "Agreement to Transfer Tax Increment "). 2 EXHIBIT 1 8OA -5 8/9/11 LES N. The City is aware that the validity, passage, and applicability of ABX1 26 and ABX1 27 may become the subject of a judicial challenge. O. The City, by the adoption of this resolution, does not represent, disclaim, or take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27, but rather the City seeks to comply with the Constitution and laws of the State of California, including Part 1.9, in order to preserve the ability of the Agency to continue to operate and thereby benefit the community. P. The City has duly considered all other related matters and has determined that the City's participation in the Program is in the best interests of the City, the Agency, and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: Section 2. The foregoing Recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 3. Pursuant to CRL Section 34193(b), the City hereby expresses its intent to adopt the Ordinance to comply with Part 1.9. This resolution is that "nonbinding resolution of intent" referred to in CRL Section 34193(b) and shall be interpreted and applied in all respects in accordance with such section and Part 1.9, to the fullest extent permitted by law. Section 4. On or before October 1, 2011, the City Manager, or his designee, is hereby authorized and directed to notify the county auditor, the State Department of Finance, and the Controller of the State concerning the resolution, in accordance with Section 34193(b). Section 5. The City Attorney, or his designee, is hereby authorized to bring or join an action in the Superior Court pursuant to CRL Sections 33500 and 33501 to determine the validity of the ordinance referred to in this resolution, or the validity of any bonds contemplated to be issued by the agency or other material contracts of the Agency, or any findings of the City Council related thereto, upon the determination of the City Manager that such action is reasonably necessary or appropriate to facilitate the consummation of any agency transaction for which governing board approval has been given. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 3 EXHIBIT 1 8OA -6 8/9/11 LES ADOPTED this day of APPROVED AS TO FORM: Joseph Straka Interim City Attorney Lisa E. Storck Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2011. Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on 2011. Date: Clerk of Council City of Santa Ana 4 EXHIBIT 1 8OA -7 8/9/11 LES RESOLUTION NO. 2011- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ESTABLISHING AN INITIAL ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO ASSEMBLY BILL NUMBER ABX1 26 BE IT RESOLVED BY THE MEMBERS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The Community Redevelopment Agency of the City of Santa Ana conclusively finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana ( "Agency ") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ( "CRL ") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Santa Ana ( "City "). B. The City approved and adopted the Redevelopment Plan for the Merged Project Area (the "Redevelopment Plan ") as amended periodically, covering properties within the City (the "Project Area ") in compliance with the requirements of the CRL. C. Since the dates of adoption of the Redevelopment Plan, the Agency has undertaken redevelopment projects in the Project Area to reduce and /or eliminate blight, improve public facilities and infrastructure, renovate and construct affordable housing, enter into partnerships with private industries to create jobs and develop local job opportunities, and alleviate deficiencies in public infrastructure. D. The Agency hopes, over the next few years, to continue to implement a variety of redevelopment projects and programs to continue to reduce /eliminate blight, improve public facilities and infrastructure, renovate and construct affordable housing, enter into partnerships with private industries to create jobs and develop local job opportunities, and alleviate deficiencies in public infrastructure. E. As part of the 2011 -2012 State budget bill, the California Legislature has recently enacted and the Governor has signed, companion bills Assembly Bill X1 26 and Assembly Bill X1 27 ( "ABX1 26" and "ABX1 27" respectively) requiring that each redevelopment agency ( "agency /ies ") be dissolved unless the community that created it enacts an ordinance committing it to making certain payments. F. ABX1 26 prohibits agencies from taking numerous actions, requires all agencies to wind down their affairs effective immediately, and provides that agencies are deemed to be dissolved as of October 1, 2011, unless the agencies are extended through compliance with the requirements of ABX1 27. 1 EXHIBIT 2 8OA -8 8/9/11 LES G. As part of the winding down process, all agencies are required to file a schedule of "enforceable obligations" that require payments to be made through the end of the calendar year 2011. H. Under the threat of dissolution pursuant to ABX1 26, and based upon the contingencies and reservations set forth herein, the Agency establishes the Enforceable Obligation Payment Schedule ( "EOPS ") to be able to continue redevelopment activities that were begun prior to the effective date of ABX1 26 (see EOPS attached hereto and incorporated herein as Exhibit A). I. The Agency reserves the right to appeal any determination of the California Director of Finance or other entity regarding the propriety of requiring this resolution as well as any future determinations. J. The Agency is aware that an action challenging the constitutionality of ABX1 26 and ABX1 27 has been filed on behalf of cities, counties, and redevelopment agencies. Further, the Agency reserves the right, regardless of any actions taken pursuant to this resolution, to challenge the legality of ABX1 26 and ABX1 27 and seek reimbursement for compliance costs of this state - mandated program. K. The Agency currently intends to comply with the state - mandated obligations established hereunder, they shall all be made under protest and without prejudice to the Agency's right to recover such amounts and interest thereon, to the extent there is a final determination that ABX1 26 and ABX1 27 are unconstitutional or otherwise infirm, including state - mandated costs for complying with the establishment of the EOPS attached hereto, and any amendments thereto. L. To the extent a court of competent jurisdiction enjoins, restrains, or grants a stay on the effectiveness of the Alternative Voluntary Redevelopment Program's payment obligation of ABX1 26 and ABX1 27, the Agency shall not be obligated to file the EOPS or comply with the terms and conditions of ABX1 26 and ABX1 27 for the duration of such injunction, restraint, or stay, and this resolution shall not be construed as any waiver or disclaimer of its rights with respect to such injunction, restraint or stay. M. The applicability of the attached EOPS is contingent upon the applicability of Part 1.8 of ABX1 26 to the Agency. Section 2. The attached Enforceable Obligation Payment Schedule (Exhibit A) establishes those obligations which the Community Redevelopment Agency of the City of Santa Ana has binding commitments that it has entered into and includes legal commitments that it is obligated to enter into before January 1, 2012, to meet the pre- existing commitments of contracts and obligations that were established prior to the effective date of ABX1 26. Section 3. The Executive Director of the Agency, or her /his designee ( "Executive Director "), is directed to file this Enforceable Obligation Payment Schedule in the manner required by law. The Executive Director is further authorized to withhold filing this resolution and the Enforceable Obligation Payment Schedule in the event of a stay, injunction, or other Court 2 EXHIBIT 2 8OA -9 8/9/11 LES order which delays or prevents the implementation of ABX1 26 or any similar legislative act mandating the filing of this Enforceable Obligation Payment Schedule established herein. Section 4. The Executive Director is hereby authorized to take steps to perfect a claim for mandate relief pursuant to the steps required by the Agency to implement ABX1 26 and ABX1 27 or similar legislation. Section 5. The Executive Director is further authorized and directed to post the Enforceable Obligation Payment Schedule on the Agency's website and to notify the county auditor - controller, the California Department of Finance, and the Controller of the State concerning this Resolution, the Enforceable Obligation Payment Schedule, and its online publication. Section 6. This Resolution shall take effect immediately upon its adoption by the Agency Board, and the Agency Secretary shall attest to and certify the vote adopting this Resolution. 3 EXHIBIT 2 80A -10 ADOPTED this day of APPROVED AS TO FORM: Joseph Straka, Interim General Counsel By: Lisa E. Storck Assistant Counsel AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: 2011. 8/9/11 LES Miguel A. Pulido Chair CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on , 2011. 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Authorize the City Manager and the Clerk of the Council to execute the attached lease agreement with T- Mobile for a telecommunications cell site at the City's Corporate Yard, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Receive and file Categorical Exemption for Environmental Review No. 2009 -132 (City Yard). DISCUSSION In 2008 T- Mobile sought to lease a small portion of the City's Corporate Yard to construct and maintain a cell monopine site. The City Yard site is the collateral for a lease and lease -back arrangement between the City and the Santa Ana Financing Authority related to the 1998 Certificates of Participation for the City Hall Expansion Project. In order for the City to approve a lease with T- Mobile, it is required to obtain consent of Assured Guaranty, the Municipal Bond Insurer for the 1998 Project. This consent is contingent on the finding that such sublease will not adversely affect the underlying property value of the City Yard. The sublease also requires an opinion letter from our bond counsel stating that the sublease will not cause the interest components of the Lease Payments to become subject to taxation. The City obtained the required consent and opinion in May 2011. The City now requires consent from the Finance Authority for the sublease of a portion of the property for the T- Mobile cell site project. City approval of a lease agreement will allow T- Mobile to construct and maintain a telecommunications site at the City's Corporate Yard facility. T- Mobile will install a Canary Island pine camouflaged ` monopine' tower structure using the City's detailed specifications to improve telecommunication tower aesthetics and blend with adjacent natural pines. The portion leased is approximately twenty -three foot (23') by twenty -eight foot (28') space on the ground containing six hundred forty -four (644) square feet for radio equipment cabinets, and space required for cable runs to connect equipment. Of%M 01 .•1•J ��_I Lease Agreement with T- Mobile AUGUST 24, 2011 Page 2 For security purposes this area will be enclosed with a wrought iron fence with vine landscaping and full visibility of the grounds to allow maintenance of the equipment. On the Yard's adjacent wall perimeter a steel security door will be constructed to the standard of the Yard's main Administration building entrance to allow access only into the leased portion. All telecommunications equipment is to meet Federal Communications Commission specifications and current tower industry construction standards. As well, community outreach to notify residents and businesses has been completed. By constructing the T- Mobile telecommunications site at the Corporate Yard, the City will secure a revenue stream with property improvements. If this lease is not approved, the Provider may seek to install its cell tower in the public right of way pursuant to the City's rules and regulations. Sitting in the right of way will provide no revenue from the telecommunications facility." The City will generate $28,800 annually with annual 4% rent increases on Commencement Date anniversary, for the initial term of ten (10) years with three (3) additional five (5) year term extensions. In addition, T- Mobile also agrees to pay City a one -time, non - recurring, non- refundable payment of $10,000 within thirty (30) days after the Commencement Date to reimburse City for Assured Guaranty required $5,000 fee for its legal review and processing to obtain approval of the sublease; the remaining portion for associated City staff time. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the project went through Site Plan Review. The project is located on City Yard property, a Conditional Use Permit is not required, but because a lease is required with the City, prior practice on other City property cell sites has been to make an environmental determination of Categorical Exemption. The Categorical Exemption No. 2009 -132 (City Yard) will be filed for this project and is provided under Section 15303, Class 3. The recommended action is exempted from further review. FISCAL IMPACT Funds received by the City including $28,800, and the $10,000 one -time payment will be placed into the Rental of Property account (no. #011 - 02002 - 57960). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �- Executive Director Finance & Management Services Agency J ed Exhibits: Certificate of City of Santa Ana in Regard to the Sublease of Property Quint & Thimming, Bond Counsel, Opinion Letter Consent of Assured Guaranty Municipal Corp., Land Lease Agreement Consent Land Lease Agreement between The City of Santa Ana and T- Mobile West Corp. T- Mobile, Site Plan & Virtual Site View (LA33826B), Santa Ana Corporate Yard ,. 1 7 i CERTIFICATE OF CITY OF SANTA ANA IN REGARD TO THE SUBLEASE OF PROPERTY SUBJECT TO LEASE AGREEMENT DATED JANUARY 1, 1998 BETWEEN THE SANTA ANA FINANCING AUTHORITY AND THE CITY OF SANTA ANA THIS CERTIFICATE, executed this 15`h day of August, 2011, is provided by the CITY OF SANTA ANA, a charter City and municipal corporation organized under the laws of the State of California, as Lessee (the "City "), to the SANTA ANA FINANCING AUTHORITY, a joint exercise of powers authority organized under the laws of the State of California, as Lessor (the "Authority "). RECITALS: A. The City and Authority entered into that certain Lease Financing Arrangement dated January 1, 1998, including 1) Site and Facility Lease whereby City leased to Authority certain parcels of real property within the City of Santa Ana; and 2) Lease Agreement whereby Authority leased the Property back to City and assigned its right to receive lease payments under the Lease Agreement, to Harris Trust Company of California, as trustee (hereinafter "Lease Agreement "). B. City desires to sublease a certain portion of the Property to T- Mobile West Corporation, to allow the installation and maintenance of a telecommunications tower facility on the premises. C. Section 8.2 of said Lease Agreement authorizes City to sublease the Property or any portion thereof, with the consent of the Authority and the Municipal Bond Insurer, subject to delivery to Authority of this Certificate. WHEREFORE, City certifies the following: 1. CITY SUBLEASE OF PREMISES City desires to sublease to T- Mobile West Corporation (hereinafter "T- Mobile ") a portion of that certain parcel of property commonly known as Santa Ana City Yard, located at 2001 W. Chestnut Ave., Santa Ana, CA 92703, and being described as a twenty-three foot (23') by twenty-eight foot (28') space on the ground containing six hundred forty-four (644) square feet for radio equipment cabinets, and space required for cable runs to connect equipment (hereinafter referred to as the "Premises "). 2. CITY CERTIFICATE In relation to the above described sublease of premises, City certifies the following: a. The Lease Agreement and the obligation of City to make Lease Payment pursuant thereto shall remain the obligation of the City; and b. The City shall, within thirty (30) days after its execution, furnish to Authority a true and complete copy of the Sublease Agreement with T- Mobile; and �eell _ lj c. The sublease of the Premises to T- Mobile will not cause the Property to be used for any purpose not authorized by the provisions of the Constitution and laws of the State of California; and d. The City has obtained an Opinion of an Independent Bond Counsel that the Sublease does not cause the interest components of the Lease Payments to become subject to federal income tax or State personal income tax, attached hereto as Exhibit 1. IN WITNESS WHEREOF, the City of Santa Ana certifies the above statements are true and correct, executed the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR PAUL M. WALTERS Clerk of the Council Interim City Manager APPROVED AS TO FORM JOSEPH A. STRAKA Interim City Attorney The Santa Ana Financing Authority accepts the City Certificate and consents to the sublease of the Premises by City to T- Mobile. ATTEST: MARIA D. HUIZAR Secretary �;�� SANTA ANA FINANCING AUTHORITY PAUL M. WALTERS Interim Executive Director x961117-!V Quint & Thimmig up Attorneys at Law August 11, 2009 City of Santa Ana 20 Civic Center Plaza Santa Ana, California 92701 Santa Ana Financing Authority 20 Civic Center Plaza Santa Ana, California 92701 The Bank of New York Mellon Trust Company, N.A. 700 South Flower Street, Suite 500 Los Angeles, California 90017 Financial Security Assurance, Inc. 31 West 52 Street New York, New York 10019 575 Market Street, Suite 3600 San Francisco, CA 94105 -2874 Phone- 415/765 -1550 Fax: 415/765 -1555 OPINION: $12,450,000 Certificates of Participation (1998 City Hall Expansion Project) Evidencing Direct, Undivided Fractional Interests of the Owners Thereof in Lease Payments to be Made by the City of Santa Ana (Orange County, California), as the Rental for Certain Property Pursuant to a Lease Agreement with the Santa Ana Financing Authority Ladies and Gentlemen: We have been informed that the City of Santa Ana (the "City ") desires to sublease a small portion of the property (the "Property ") that is the subject of that certain Lease Agreement, dated as of January 1, 1998, by and between the Santa Ana Financing Authority and the City (the "Lease Agreement "), to a wireless phone company so that a small piece of wireless telephone equipment can be located thereon. As to questions of fact material to our opinion, we have relied upon representations of the City contained in the Lease Agreement and in the certified proceedings and certifications of public officials and others furnished to us without undertaking to verify the same by independent investigation. Based upon our examination, we are of the opinion, under existing law, that such sublease does not cause the interest components of the Lease Payments (as defined in the Lease Agreement) to become subject to federal income taxes or State personal income taxes. Respectively submitted, �L:1i �:�� :MA- CONSENT OF ASSURED GUARANTY MUNICIPAL CORP. (FORMERLY KNOWN AS FINANCIAL SECURITY ASSURANCE INC). The undersigned hereby certifies that she is authorized to execute and deliver this Consent on behalf of Assured Guaranty Municipal Corp. (formerly known as Financial Security Assurance Inc.) ( "AGM "), as issuer of a municipal bond insurance policy (the "Policy ") for the original aggregate principal amount of $12,450,000 in City of Santa Ana (Orange County, California) Certificates of Participation (1998 City Hall Expansion Project) (the "Bonds "). AGM hereby consents to the Land Lease Agreement between the City of Santa Ana (the "City ") and T- Mobile West Corporation for Santa Ana City Yard (the "Land Lease Agreement ", in the form attached hereto as Exhibit A). AGM's consent is provided pursuant to Section 8.2 of the Lease Agreement dated as of January 1, 1998 between the Santa Ana Financing Authority (the "Authority ") and the City (the "Lease Agreement ") and Section 8.2 of the Site and Facility Lease dated as of January 1, 1998 between the City and the Authority (the "Site and Facility Lease "). Neither this consent nor any past, present or future consents, waivers, actions, amendments or other agreements, individually or in combination, may be construed to imply or impose upon AGM any intention, agreement, obligation or undertaking to grant future consents, waivers or amendments, or to limit the ability of AGM to exercise any and all of its rights under the Lease Agreement, the Site and Facility Lease or the Policy, all of which shall remain unmodified and in full force and effect except as to the Land Lease Agreement consented. to above. In addition, AGM makes no representation as to whether the consent of any other Person is required for the requested Land Lease Agreement. Dated: June 14, 2011 ASSURED GUARANTY MUNICIPAL CORP. (FORMERLY KNOWN AS FINANCIAL SECURITY ASSURANCE INC). Karen Hofstein Director `961 : 96� Policy: 22828 �;�j � J AGM Consent - Exhibit A LAND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND T- MOBILE WEST CORPORATION for SANTA ANA CITY YARD This Agreement, made this day of , 2010, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter designated "LESSOR" and T- Mobile West Corporation, a Delaware corporation, hereinafter designated "LESSEE ". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties ". 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Santa Ana City Yard (the entirety of LESSOR's property is referred to hereinafter as "the Property" And a legal description of the Property is attached hereto as Exhibit "A "), located at 2001 W. Chestnut Ave., Santa Ana, CA 92703 and being described as a twenty-three foot (23') by twenty-eight foot (28') space on the ground containing six hundred forty-four (644) square feet for LESSEE's radio equipment cabinets, and space required for cable runs to connect LESSEE's equipment and antennas, together with the non - exclusive right for ingress and egress from and to the nearest public right -of -way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or within the building to the demised premises, said demised premises and access and utilities paths (hereinafter collectively referred to as the "Premises ") for access being substantially as described herein in Exhibit `B" attached hereto and made a part hereof. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A ". Costs incurred for such work shall be borne by LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RENT. After the Commencement Date, 'rental payments will be due in an annual rental amount of twenty-eight thousand eight hundred dollars ($28,800.00) to be paid in equal monthly installments of two thousand four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence on the first day of the month following the issuance of the building permit for LESSEE's Facilities (as defined below), or the first day of the month that is six (6) months after the full- execution of this Agreement or the first day of the month following the date LESSEE commences installation of LESSEE's Facilities on the Premises, whichever occurs first ( "Commencement Date "). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6 %) of the then - current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. Site #: LA33826B l Site Name: City Yard Date: 09/23/2010 5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of four percent (4 %) per year, to be increased on each anniversary of the Commencement Date. 6. INITIAL PAYMENT. LESSEE hereby agrees to pay to LESSOR a one -time, non - recurring, non - refundable payment equal to ten thousand dollars ($10,000.00), within thirty (30) days after the Commencement Date. Nohvithstanding the above, LESSOR shall refund LESSEE the initial $10,000.00 payment in the event LESSEE is unable, due to the sole fault and unreasonable delay of LESSOR, to obtain all Approvals necessary to construct LESSEE's Facilities, within six (6) months after the full execution of this Agreement. A portion of LESSEE's initial payment obligation will reimburse LESSOR for amounts due to Assured Guaranty Municipal Corp. (formerly known as Financial Security Assurance Inc.) (hereinafter "AGM ") as a condition to granting consent to this Agreement, as set forth in Section 18, below. 7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five (5) -year terms (each a "Renewal Term "). Each Renewal Term shall be on the terms and conditions as set forth herein as follows: (i) Six (6) months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion determines that LESSEE's continued tenancy is not in conformity with LESSOR's intended use of the Property, LESSOR shall provide written notice to LESSEE that the Lease will not be extended. (ii) Thereafter, each subsequent renewal shall be subject to the following procedure: If LESSEE determines that it desires to extend the term LESSEE shall provide written notice six (6) months prior to the end of the then - current term. Within sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall deny such extension request. If LESSOR does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal Term. If neither party provides notice as set forth above, the lease shall continue on a month -to -month basis. 8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the "Governmental Approvals ") that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests ") to determine the suitability of the Premises for LESSEE's Facilities (defined below) and for the purpose of preparing for the construction of LESSEE's Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE Site #: LA33826B 2 Site Name: City Yard Date: 09/23/2010 �:TI = will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to ten-ninate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work plans. if LESSEE does not receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans. 10. USE/MAINTENANCE. LESSEE may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ( "LESSEE's Facilities "). All improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings (`.`Plans ") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR, so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to the Property including but not limited to concrete and/or asphalt, buildings and/or appurtenances caused by LESSEE. LESSOR at its discretion may require LESSEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law. Site #: LA33826B Site Name: City Yard Date: 09/23/2010 �9 1 I LESSEE's Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE's Facilities on the Premises, and to remove them therefrom, LESSOR shall, at its sole expense, maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSOR. Except in cases of emergency, LESSEE agrees to provide twenty -four (24) hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the repainting of LESSEE's Facilities, such maintenance must be completed by LESSEE within thirty (30) days. 11. INDEMNIFICATION. A. LESSEE's Indemnity. LESSEE shall indemnify, defend and hold LESSOR, its officers, employees, successors and assigns, and AGM harmless from and against any and all loss, cost, claim,. liability ( "Claims ") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain. B. LESSOR's Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability ( "Claims ") occurring on the Premises and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Premises which LESSOR has no obligation to repair or maintain. 12. INSURANCE, A. In accordance with the provisions of Section 3300 of the Labor Code, if LESSEE has any employees it is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing performance of this Agreement, LESSEE agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If LESSEE has no employees, nor workers' compensation coverage, it must execute a Declaration available from LESSOR, and update as is necessary. Site 4: LA33826B Site Name: City Yard Date: 09/23/2010 B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name LESSOR, its officers, agents, representatives, employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with respect to insurance or self- insurance programs maintained by LESSOR, except claims resulting from LESSOR's negligence or misconduct; (3) contain standard separation of insured's provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted arising out of LESSEE's operations hereunder. LESSEE shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages required above; (b) provide that such insurance shall not have its required limits reduced or terminated except on thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed ( "Pre- Existing Communications "), or public safety communication operations, as may be upgraded periodically, and LESSEE's Facilities shall comply with all non- interference rules of the Federal Communications Commission ( "FCC "). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre - Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile /wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. The City Manager shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. In the event of any interference with LESSOR's public safety communications operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE cease operating LESSEE's Facilities (except for intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. If LESSEE's Facilities interfere with LESSOR's public safety communications operations during an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE's Facilities and if LESSEE fails to do so, LESSOR has the right to shutdown the electricity supply to LESSEE's Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that Site #: LA33826B Site Name: City Yard Date: 09/23/2010 �;TI LESSOR incurs to cure any interference with LESSOR's public safety communications operations caused by LESSEE's Facilities. 14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. Underground conduits, foundations and equipment/storage buildings may remain at LESSOR's option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option in its as -is condition. 15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F ". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's interest in the Property upon the expiration or termination of this Agreement. 16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right -of -way herein granted shall be under and subject to the right of LESSEE in and to such right -of -way. LESSOR shall obtain for the benefit of LESSEE a reasonable non - disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LESSEE's Facilities. 18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement, provided, however, that LESSEE acknowledges that the Property is used as collateral for certain municipal bonds and has been informed that AGM provides guaranty insurance on those municipal bonds and will be required to provide their consent to this Agreement. LESSEE acknowledges that this Land Lease Agreement is subordinate to the Site and Facility Lease, Site 9: LA33826B 6 Site Name: City Yard Date: 09/23/2010 �:,i = dated January 1, 1998, between the Santa Ana Financing Authority and City of Santa Ana, by which the municipal bond financing was accomplished. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above. 19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien. 20. MISCELLANEOUS LESSEE RESPONSIBILITIES. A. Maximum Permissible Exposure — LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure ( "MPE ") and other related health issues directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation of MPH to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises necessary to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE's Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48 -hour period, City may remove said graffiti and bill LESSEE for the cost of services. C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) -day period. LESSEE has the right to challenge any unreasonable tax assessment. D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE Site #: LA33826B Site Name: City Yard Date: 09/23/2010 �:,i : in its efforts to obtain utilities from any location provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably required by the utility company. E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during• the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted. 21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, flue and emergency services of the City of Santa Ana space on its communications tower at no cost to LESSEE or said entities, subject to structural analysis. The City of Santa Ana is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE's communications operations. As to any future subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City's operations. The City entities will be afforded 24 -hour access to its equipment at the Property. In addition, the City will be provided "power backup" by LESSEE, if available at the Premises. 22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity. 23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Orange County. 24. ATTORNEYS' FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. 25. ASSIGNMENT AND CO- LOCATION. A. LESSEE will not assign or transfer this Agreement without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to assign its rights under this Agreement, to any of LESSEE's (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE's FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE's network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE's property. Site #: LA33826B Site Name: City Yard Date: 09/23/2010 �:TI = B. LESSEE acknowledges and agrees that the City policy is to provide for co- location on communication tower facilities and will reasonably facilitate any co- location subject to the conditions outlined in Paragraph 13 (INTERFERENCE). LESSEE further agrees that LESSOR shall retain ownership of any further lease rights with respect to space for additional communication facilities on the Property, other than the Premises which is already leased to Lessee. Further, regarding co- location/subleasing space on LESSEE's tower, LESSEE shall enter into a Tower Lease Agreement, or sublease, subject to all permits and approvals from all governmental agencies having jurisdiction thereover, with a future tower co- location user, subject to (i) LESSEE's right to require any such future co- location user to reimburse LESSEE for a pro -rata share of the costs of the tower and its installation, and (ii) LESSOR receiving eighty percent (80 %) of the tower rent received by LESSEE. LESSEE shall provide for LESSOR's consent on any Tower Lease Agreement, or sublease and affidavits stating the sublease rent. The Party's intent in allowing LESSEE to collect rent and a pro -rata reimbursement of costs is to provide a means by which LESSEE can recoup its cost of construction and maintenance of said tower facilities on a pro -rata basis with subsequent users. The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future tower co- location agreement. Any future carrier or co- locator shall enter into a separate ground lease agreement with the City. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 Courtesy City of Santa Ana — Office of the City Attorney Copies to 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 LESSEE: T- Mobile USA, Inc. 12920 SE 38 "' Street Bellevue, WA 98006 Attn: PCS Lease Administrator, Site M LA33826B With a copy to: Attn: Legal Dept. Site M LA33826B Site Name: City Yard Date: 09/23/2010 -III- 0 it Copy to: T- Mobile West Corporation 2008 McGaw Avenue Irvine, CA 92614 Attn: Lease Administration Manager, Site #: LA33826B Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto. 28. RELOCATION RIGHT. A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to relocate LESSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be at LESSOR's cost and expense which shall be limited to reasonable expenses of moving and re- installing the tower structure and accompanying equipment, including the cost of City permits and fees which LESSOR may legally pay, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSOR, to operate and maintain LESSEE's Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice ") to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days fiom the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to disapprove of such proposed relocation site.in writing within the sixty -day period, LESSEE shall be deemed to have approved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site. Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. Site #: LA33826B 10 Site Name: City Yard Date: 09/23/2010 �011 : J C. Should the parties fail to agree on a suitable Relocation Site, LESSOR may pay LESSEE the depreciated value for LESSEE's Facilities and equipment, based on a ten - year lease period. 29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non- defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non - monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non - defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. If either parry commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 30. ENVIRONMENTAL. A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back -up power batteries and common materials used in telecommunications operations. "Hazardous Materials" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations. B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE. C. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR's sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the Site #: LA33826B i l Site Name: City Yard Date: 09/23/2010 condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE. 31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired. within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE's operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set for in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use. 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. 33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by -the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. 34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises. 35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Parry to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration. 36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. 37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE's rights herein, LESSEE Site #: LA33826B 12 Site Name: City Yard Date: 09/23/2010 �9 *1 = agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE. These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto. 38. POWERING DOWN DURING MAINTENANCE / REPAIR. LESSEE agrees that during all maintenance on the Communications Facility by the LESSOR or other lessees or users of the Facility, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit E, as applicable. 39. TERMINATION. A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE's operations that LESSEE's use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises and this Agreement shall terminate as of the date of such order. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non - appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding that LESSEE's use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE. B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non - disturbance agreements or other approvals (collectively "approval") reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE's Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (iii) above as the result of LESSOR's default. C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits /Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29. Site M LA33826B 13 Site Name: City Yard Date: 09/23/2010 �9 1 _ I 40. MISCELLANEOUS PROVISIONS. A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each parry shall indemnify the other fully, including reasonable costs and attorney's fees, for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. LESSOR shall not have unsupervised access to LESSEE's equipment and LESSEE's Facilities, except in cases of exigent circumstances or emergency situations. D. The Parties acknowledge that until the date that the LESSOR -AGM bond lease agreements expire, the AGM must approve any amendments to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: LAURA SHEEDY Assistant City Attorney DAVID N. REAM City Manager LESSEE: T- MOBILE WEST CORPORATION By: Name: Its: Date: Site #: LA33826B 14 Site Name: City Yard Date: 09/23/2010 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY APN: 007 - 341 -10 All that certain real property located in the County of Orange, State of California, being more particularly described as follows: LOTS 41 THROUGH 49, INCLUSIVE OF TRACT NO 2752, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 79, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, OF ORANGE COUNTY, CALIFORNIA. LESSOR INITIALS: LESSEE INITIALS: Site #: LA33826B 15 Site Name: City Yard Date: 09/23/2010 EXHIBIT B LEGAL DESCRIPTION OF THE PRE11'IISES SITE PLANS/ DESCRIPTIVE RENDERINGS However, it is expressly agreed and understood by and between the LESSOR and LESSEE that the exact and precise location of the LESSEE's Facilities are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises ". Therefore, it is expressly agreed and understood by and between LESSOR and LESSEE that the precise location of the Premises as shown on Exhibit `B" may be modified by the LESSEE in order to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for LESSEE's intended use of the property. The Premises as described herein may therefore be modified by the LESSEE to reflect the final engineering design. An amended Exhibit `B" (if necessary) will be provided by the LESSEE and attached to the lease in place of the existing Exhibit `B ", a copy of which will be provided to the LESSOR for review prior to being incorporated into the Agreement. See the attached drawings dated 10/23/09, Sheets A -1, A -2, A -3, & A -4, identified with Site Information: City Yard, LA33826B. In addition to the approximately 644 square feet depicted on the attached drawings for LESSEE's equipment, the Premises also includes any necessary airspace for antennas, stealthing, and support structures. LESSEE INITIALS: LESSOR INITIALS: Site M LA33826B 16 Site Name: City Yard Date: 09/23/2010 �:T1 = EXHMIT C ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; its officers, employees, agents and volunteers are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a pail of Policy # Issued to Named Insured Countersigned by Authorized Representative Site #: LA33826B 17 Site Name: City Yard Date: 09/23/2010 EXHIBIT D PROPERTY SPECIFIC ACCESS RULES/REGULATIONS 1. LESSOR shall have the unilateral right and privilege to undertake all normal items and operations associated with the current use of the Property, including, but not limited to public events and City business, which may include high powered electric lights and food services, arrange for the televising of any public event to be held at the Property, and ability to contract with other interested parties. 2. City business may also include minor landscaping, minor maintenance and minor construction proximately located near the Premises, so long as the City business does not interfere with or impair the operation of LESSEE's Facilities. 3. LESSEE's access to the Premises for routine, normal maintenance of LESSEE's Facilities shall be limited to direct access from the public right -of -way to the south of the Premises. 4. The parties acknowledge that there will be times when LESSEE must access the Premises from the parking lot to perform certain work, including, but not limited to, soils tests, excavating for the tower foundation, and tower work. In such instances, LESSEE will notify LESSOR at least seventy -two (72) hours in advance and will coordinate its access through the parking lot so as to minimize any disruption or inconvenience. 5. LESSEE agrees to perform any work from the City Yard parking lot in a manner that minimizes the risk of damage to the Property. However, in the event LESSEE, or its agents, contractors, or subcontractors cause any damage to the City Yard parking lot, then LESSEE shall be responsible for repairing any such damage within forty-eight (48) hours of being notified by LESSOR that its. access has caused damage to the Property. Site M LA33826B 18 Site Name: City Yard Date: 09/23/2010 �:TI = EXHIBIT E CONTACT INFORMATION: LESSOR'S TECHNICAL CONTACTS: Name: 1. Eddie Duque Address: 20 Civic Center Plaza(M -17) Santa Ana, CA 92702 Daytime Phone No.: Eddie: (714) 647 -6964 Facsimile No.: 714 -647 -5414 24 -Hour Contact No.: Dispatch Center: N/A LESSEE'S TECHNICAL CONTACTS: Name: 1. Robert Norton 2. Luis Gonzales Address: 2008 McGaw Avenue Irvine, CA 92614 Daytime Phone No.: (714) 850 -2403 Facsimile No.: (714) 850 -6620 24 -Hour Contact No.: N.O.C. (888) 662 -4662 Dispatch Center: N.O.C. (888) 662 -4662 Site #: LA33826B 19 Site Name: City Yard Date: 09/23/2010 �0 i1 EXHIBIT F MEMORANDUM OF LAND LEASE AGREEMENT THIS MEMORANDUM OF LAND LEASE AGREEMENT is made and entered into as of , 2010, by and between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "Lessor ") and T- Mobile West Corporation, a Delaware corporation ( "Lessee " ). WITNESSETH: That Lessor hereby leases to Lessee and Lessee hereby leases from Lessor a portion of that certain real property (the "Property") in the State of California, County of Orange, City of Santa Ana commonly known as 2001 W. Chestnut Ave., Santa Ana, CA 92703, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded Land Lease Agreement by and between Lessor and Lessee dated by Lessor 2010, and incorporated herein by reference (the "Agreement") for an initial term of ten (10) years, commencing on the Commencement Date, as defined in the Agreement, and three (3) subsequent optional extension terms of five (5) years each, pursuant to the terms of the Agreement. The Agreement provides for grant of non - exclusive right of way for rights of access to the Property and to electrical and telephone facilities serving the Property. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. LESSEE: T- Mobile West Corporation, a Delaware corporation By: — Name: Title: Date: _ Address: LESSOR: 2008 McGaw Avenue Irvine, CA 92614 Attn: Lease Administration Manager, Site #: LA33826B City of Santa Ana By: Name: DAVID N. REAM Title: City Manager Date: Address: 20 Civic Center Plaza Santa Ana, CA 92702 [FORM DOCUMENT, PLEASE INITIAL ONLY - NOT FOR EXECUTION] LESSEE INITIALS: _ Site #: LA33826B Site Name: City Yard Date: 09/23/2010 LESSOR INITIALS: 20 �e J Site #: LA33826B 21 Site Name: City Yard Date: 09/23/2010 x:11 = lfj �:�� = �iJ x:11 = Y a��S3, 1 .;1 I� SR(e P. �I Li :I. {I )� !Hari •,f I ' aa�t• O � .J �� �z\ sd i 0 f� a ffmfM Ii � f1 1 I 31 I I $ iiF� a3p gill z U W LL Z0 {I ffi35v�s i :.' 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"'.Z :::T / it, —,;e CFO', ya YNNS M&Wll 311 3l51 L; 53 �J �\ §a pr rz, I CL RR IZ fk Ef tj 11J, vnai kl 111"IN lip U, 111H111 1 11 Hll 11.q H����I;�I'It�1,�`A1'111711 ,Ix ul Ft I Ila In � 11113111 1 4 I HIM I 3f YS d qF 41 i 'oil ill K I �96111__Sb ROH (08/15/11) RESOLUTION NO. 2011 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO DISESTABLISH 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. On December 15, 2008, in compliance with 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 ") by adopting Resolution No. 2008 -078. B. Section 13 -214 of the Law permits the dissolution of the CMD by resolution after the city council first adopts a resolution of intent to disestablish the CMD prior to the required public hearing. C. The City Clerk has received multiple petitions seeking the disestablishment of the CMD. D. On August 1, 2011, Mayor Pro Tern Claudia Alvarez requested that staff begin proceedings to disestablish the CMD. Section 2. Pursuant to Sections 13 -214 of the Law, the City Council hereby declares its intention to set a public hearing regarding the disestablishment of the CMD. This action is taken in response to the multiple petitions received by the City Clerk requesting the disestablishment of the CMD. Specifically, the City Clerk received fifty - six (56) signatures on petitions protesting against the existence of the CMD. In addition, this action is supported by the fact that there were multiple individuals in support of alternative maps presented to the City Council proposing reduced boundaries to the current CMD. Further, although the City had the authority to vote for the establishment of the CMD as a property owner in the zone, there are questions regarding the overall support for the CMD from the remaining property owners during the vote if the City had not cast votes in support of the CMD. 85A -1 Resolution No. 2011 -XXX Page 1 of 3 Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on October 3, 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. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13 -214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13 -214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and /or business owners at least thirty (30) days prior to the date of the public hearing. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 15th day of August, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph A. Straka Interim City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011 -XXX ���_� Page 2 of 3 Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on October 3, 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. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13 -214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13 -214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and /or business owners at least thirty (30) days prior to the date of the public hearing. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of August, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph A. Straka Interim City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011 -XXX g5A -3 Page 2 of 3 �� i i