HomeMy WebLinkAbout FULL PACKET_2013-01-22MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
DECEMBER 21, 2012
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
11:20 A. M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
P. DAVID BENAVIDES
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
ANGELICA AMEZCUA
MICHELE MARTINEZ
SAL TINAJERO, Mayor Pro Tern
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS
• Juan Macedo, (in Spanish) expressed concern with State's proposal to take
away low income housing, take away could increase homelessness; funds have
direct benefit to community.
• Apolonio Cortes (in Spanish), opined that funds should remain in the City for low
income housing programs; urged the City Council to support position.
• Mark Korando, representing Habitat for Humanity O.C., preserve funds and
continue funding existing contracts; 5 homes under construction and 2 pending -
$1.6 million dollar projects.
• Tara Barauskas, representing A Community of Friends, spoke on the Vista Del
Rio project underway that will assist residents with disabilities; support City's
position to challenge State.
• Cesar Covarrubia, representing The Kennedy Commission, stated that City
entered into contracts for projects before State approval of dissolution of
redevelopment agencies (ABX126 and AB1484), direct benefit to community,
partnerships with schools and private developers; advocated for City to dispute
State's demand.
MINUTES SPECIAL MEETING 1 DECEMBER 21, 2012
1 0A-1
Barry Cottle, of C&C, WBBB, LLC, indicated that their project has qualified
residents ready to move into apartments; request City protect funds; willing to
assist City in response to State's demand.
Christian Abasto of The Public Law Center, organization has assisted low income
residents in the past; urged City Council not to comply with demand; legal review
needed; City has strong case to protect funds; willing to join lawsuit and assist
City in protecting best interest for the community.
BUSINESS CALENDAR ITEM
65A CALIFORNIA DEPARTMENT OF FINANCE'S DEMAND FOR PAYMENT OF LOW
AND MODERATE INCOME HOUSING FUND
Interim Executive Director of Community Development, Nancy Edwards and Legal
Counsel Tom Clark provided history of AB26X, Oversight Board approvals,
previous approval of obligations by Department of Finance (August 31, 2012), and
City's submittal of Due Diligence Report.
Mayor Pulido, City to dispute demand by State; City impacted disproportionally;
much at state; consider Ad Hoc Committee to work with the County and advocate
in Sacramento; recounted that Proposition 1A protected redevelopment funds, but
State simply abolished and now City's left to tackle budget without redevelopment
funds.
Councilmember Sarmiento, concerned with amount demanded by State; City has
compelling case - address blight and low income housing; state imposes other
obligations with no funding such as RHNA; projects underway worthy of
completing, funds encumbered and appropriated for; City and Successor Agency
thoroughly reviewed projects; City has tangible projects underway; City to send no
funds; urged developers to partner with City and take stronger position together.
State has been inconsistent with responses to City.
Councilmember Benavides, City to take strong position against States demand;
residents need dignified housing; State strong arm City's to meet their budget
challenges; over 200 affordable units under construction; City to oppose State's
Department of Finance's demand. Thanked developers for willingness to help
advocate City's position.
Councilmember Reyna, support City's position to oppose demand.
City Attorney noted for the record that letter received from State on December 15,
2012; City to respond with 5 working days. Also, letter of demand indicates that if
City does not pay full amount, future property and sales taxes may be withheld and
a 10% penalty imposed, State may also go after developers that have received
funds, risks are draconian, but legal ramification is option.
MINUTES SPECIAL MEETING 2 DECEMBER 21, 2012
1 0A-2
MOTION:
1. Challenge the State of California's Department of Finance's (DoF)
demand for payment and submit payment;
2. Direct the City Attorney's Office to prepare legal actions needed to
protect funds;
3. Continue funding projects in progress; and
4. Invite community to advocate City's position and/or join lawsuit.
COMMENTS
90A CITY MANAGER'S COMMENTS - None
90B COUNCILMEMBER COMMENTS - None
ADJOURNED - 12:14 P.M.
Maria D. Huizar,
Clerk of the Council
MINUTES SPECIAL MEETING 3 DECEMBER 21, 2012
1 0A-3
1 0A-4
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
DECEMBER 27, 2012
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
1:18 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA (1:26 p.m.)
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
ANGELICA AMEZCUA
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS
• Manuel Pena, wished all Merry Christmas and Happy New Year; concerned with
City Manager evaluation on Special Meeting agenda; opined that City Manager
has community support.
• Tim Rush, support City Manager and City Attorney; City Manager has
institutional knowledge and City Attorney obvious community interest; Charter
has provisions for removal that should be followed.
• Cheri Kerr, support City Manager and contract.
• Bobbi Keenan, disappointed that some councilmembers not present; disturbed
with perceived partisanship on the City Council; opined that City Manager
experienced as Police Chief, not current position.
• Herb Rose, opined that credentials of City Manager appropriate for position;
transparency important in evaluation process and not during the Holiday closure.
• Robert Escalante, commented on City Manager's 40 year experience in the City;
City Attorney has done exceptional job.
• Jeff Dickman, resident of Historic French Park Neighborhood association,
commented on relationship with City Attorney built on trust, competence, fair and
ethical, opined that City should have done national search before hiring City
Manager to find most experienced individual.
MINUTES SPECIAL MEETING
DECEMBER 27, 2012
1 0B-1
• Ken Taylor, representing SSMA, appreciate efforts by City Manager; concerned
with last minute meeting to evaluate performance.
• Sara Escalante, questioned need for special meeting; support City Attorney and
City Manager; restore trust and transparency in the process.
• Fina Chaves, concerned with need to evaluate City Manager after less than a
year of appointment.
• Rob Cook, support City Manager and City Attorney.
City Council recessed to Closed Session at 1:43 p.m.
CLOSED SESSION ITEMS
1A PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government
Code Section 54957
Title: City Manager and City Attorney
CLOSED SESSION REPORT - No reportable actions taken in Closed Session.
ADJOURNED - 3:43 P.M.
Maria D. Huizar,
Clerk of the Council
MINUTES SPECIAL MEETING 2 DECEMBER 27, 2012
1 0B-2
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
JANUARY 7, 2013
CLOSED SESSION MEETING
CALLED TO ORDER
ATTENDANCE
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
5:14 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
ANGELICA AMEZCUA
P. DAVID BENAVIDES
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
PUBLIC COMMENTS - David Hunt, representing Downtown, Inc. (DTI) spoke in
support of continued discussions with City staff on concerns raised; opined that no legal
ground not to do so; mission of DTI is to revitalize downtown, continue with clean and
safe program, investment in marketing, and continue funding Community Management
District area; City under contract to continue obligation.
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:16 p.m.
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)
CITY COUNCIL MINUTES 1 JANUARY 7, 2013
1 0C-1
Peebler vs. State of California Department of Finance, City of Santa Ana,
et al., Case No. 34-2012-80001172-CU-WM-GDS
1 B CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
pursuant to Government Code Section 54956.9(b)
Property and Business Improvement District ("PBID")/Community
Management District (CMD), Downtown Inc.
*Councilmember Martinez reported a conflict of interest and left the room
during the discussion of said matter.
1C CONFERENCE WITH LEGAL COUNSEL-INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9(c)
AT&T Franchise Audit
1 D CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government
Code Section 54957.6
Agency Negotiators: Personnel Services Executive Director, Ed
Raya
Employee Organizations: Service Employees' International Union
(SEIU) Full-Time Employees
CLOSED SESSION REPORT - See Item 19A. for Report.
ADJOURNED THE CLOSED SESSION MEETING AT 6:05 P.M. AND CONVENED TO
THE REGULAR OPEN MEETING
CITY COUNCIL MINUTES 2 JANUARY 7, 2013
1 0C-2
REGULAR OPEN SESSION
CALLED TO ORDER COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:09 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
ANGELICA AMEZCUA
P. DAVID BENAVIDES
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
STAFF Present:
PAUL M. WALTERS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
MAYOR PULIDO
DOUG HARDIN, POLICE CHAPLAIN
EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to:
20 YEARS OF SERVICE Donna Longobardi, Police Services Dispatcher, Police
Department
25 YEARS OF SERVICE Rose Ann Trujillo, Senior Deputy Clerk of the Council,
Clerk of the Council Office
30 YEARS OF SERVICE Naseer Qureshi, Forensic Specialist I, Police
Department
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Grand Central Art
Forum for providing region-wide cultural attention to the Artists Village through its
CITY COUNCIL MINUTES 3
1 0C-3
JANUARY 7, 2013
support of Cal State Fullerton's institutional arts presence and through outstanding
critical media attention, astute guidance, management, and community support.
CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Back to Natives
Restoration dedicated to the conservation of Orange County and California wild-lands
through education and restoration programs, and for creating a "Native Plant Nursery"
at Santiago Park.
PUBLIC COMMENT
• Dave Elliott, President of the Santa Ana Chamber of Commerce, thanked the City
Council for accessibility and continued relationship with City Manager, Paul Walters.
CLOSED SESSION REPORT - See report under Agenda Item 19A.
PUBLIC COMMENT - Cont.
• Venoncio Chavez, concerned with new company providing parking enforcement
citation program that is citing vehicles with handicap signs; request City review
process for issuing citations.
• Judy Edge, congratulated City Council on election and re-election of officers; spoke
in support of City Manager; request City review barking dog ordinance and City to
set-aside funds to repave streets on a regular basis.
• Vic Edge, concurred with comments made by Judy Edge.
• Raul Luna, former Santa Ana Police Sergeant, spoke in support of City Manager and
former Santa Ana Police Chief, opined that Walters turned around crime ridden City;
City Council should re-evaluate options.
• Jose Alfredo Hernandez, spoke in support of City Manager; City to focus budget and
crime.
• Greg Winterbottom, Vice Chair of the Orange County Transportation Authority,
spoke in support of continuity in key leadership positions to ensure funds obtained
and projects completed.
• Bryan Starr, Orange County Business Council, spoke in support of retaining City
Manager to stabilize community; leadership shift cause uncertainty; need continuity.
• Stanley Fiala, spoke on Oath Keepers program and described pamphlet provided to
the City Council on program.
• Lucy Bateson, did not support initial appointment of City Manager, but has proven
abilities.
• Steve Jason Wildman, working on research for film on homelessness for past two
years.
• Robert Escalante, opined that City Council violated sunshine ordinance when
noticed special meeting over holiday closure of City Hall to evaluate City Manager.
• Joey Campbell, former Water Polo champion, spoke of strong work ethic and
commitment learned during training that he appreciates in City Manager.
• Herb Rose, echo sentiments spoken of earlier about City Manager.
CITY COUNCIL MINUTES 4 JANUARY 7, 2013
1 0C-4
• Connie Hamilton, urged City Council to re-evaluate ordinance approved in 2006
regarding lot size reduction from 50% to 30%.
• Tim Rush, agreed with comments made by Raul Luna on City Manager; no need to
do National search to find less qualified candidate.
• Jim Walker, spoke in support of City Manager.
• Debbie McEwen, support City Manager; also, commented on recent four shootings
in French Park Neighborhood Association; City to focus on other matters.
• Alex Vega, support City Manager, solid record.
• Francisco Barragan, questioned potential Brown Act Violation to disclose
confidential matter on Closed Session regarding City Manager; City Council to
consider National search and evaluate all candidates equally.
• Fina Chaves, expressed support for City Manager who has been fair and qualified
for position.
• Bertha Munoz, presented Folklorico dance group as gratitude and support of City
Manager.
• Manuel Resendis, Comite Civico, presented Karate performance.
Councilmember Martinez left the meeting at 7:31 p.m. and did not return.
• Robin Cook, spoke on Agenda Item 80A.
• Pete Mangosina, presented leis to City Council and City Manager.
• Ralph Allen, support City Manager; Grand Jury report on PBID was correct and
City's response inaccurate.
• Cherie Kerr, expressed strong support for City Manager; proposed evaluation be
placed for open discussion.
• James Kendrick, requested City Council focus on City issues and not political
affiliations.
• Ernesto Medrano, Teamsters Local 952, disapprove of recent Special Meeting to
evaluate City Manager.
• Patrick Kelly, Teamsters Local 952, labor community support City Manager.
• Betty Torres, representing Rumores newspaper and Comite Cultural de Mexico,
support police department and Police Chief efforts to lower crime rates.
• Evangeline Gawrowski, expressed firm support for City Manager, has personally
known for many years - strong integrity.
• Madeline Spencer, member of SACReD, observed and commented that
transparency ordinance approved by same members requesting change in
leadership.
• Carl Banningerm, expressed support for City Manager.
• Molly Doughty, lifelong Santa Ana resident, concerned with process taken to
evaluate City Manager.
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31A as
recommended by staff.
CITY COUNCIL MINUTES 5 JANUARY 7, 2013
1 0C-5
MOTION: Tinajero
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
MINUTES
SECOND: Sarmiento
Reyna, Pulido, Sarmiento, Tinajero (4)
None (0)
None (0)
Amezcua, Benavides, Martinez (3)
ADMINISTRATIVE MATTERS
10A MINUTES OF THE REGULAR MEETING HELD DECEMBER 17, 2012 -
Clerk of the Council Office
MOTION: Approve Minutes.
MISCELLANEOUS ADMINISTRATION
19A CLOSED SESSION REPORT - City Attorney's Office
MOTION: Approve settlement.
AGMT NO. 2013-001 - Approve settlement agreement in the amount of
$121,662.65 for the AT&T Franchise Audit matter.
19B EXCUSED ABSENCES - Clerk of the Council Office
MOTION: Excuse the absence of Councilmembers Amezcua and
Benavides from the January 7, 2013 City Council and Housing
Authority Meetings.
BUDGETARY MATTERS
SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES
MOTION: Award in accordance with Request for Council Action.
(items 22A through 22D)
CITY COUNCIL MINUTES
6
JANUARY 7, 2013
1 0C-6
22A SPEC. NO. 12-057 - POLICE UNIFORMS - Award a contract to Galls,
LLC for a three-year period, with provision for two, one-year renewals in
an annual amount not to exceed $215,000 (Police Department) - Finance
& Management Services
22B SPEC. NO. 11-020 - WATERWORKS FITTINGS AND SUPPLIES -
Renew the contracts for a one-year period in an aggregate amount of
$225,000 with the following vendors: (Public Works Agency) - Finance &
Management Services
Vendor: Location:
Ferguson Enterprises, Inc. Santa Ana
H.D. Supply Waterworks Ltd. Santa Ana
S & J Supply Company, Inc. Santa Fe Springs
Wells Supply Co. Santa Ana
22C SPEC. NO. 12-077 - SUNDRY FOOD, AND PAPER GOODS - Award a
contract to Smart & Final for sundry food and paper goods for a three-year
period in an annual amount not to exceed $35,000 (Parks, Recreation &
Community Services and Police Department)- Finance & Management
Services
22D SPEC. NO 09-037 - HAND TOOLS AND MISCELLANEOUS ITEMS -
Renew the contract with Grainger, Inc. for a one-year period in an annual
amount not to exceed $60,000 - Finance & Management Services
AGREEMENTS
MOTION: Authorize the City Manager and Clerk of the Council to
execute the following agreements, subject to non-substantive
changes approved by the City Manager and City Attorney and/or
actions as noted on the Request for Council Action report. (Item 25A
through 25D)
25A AGMT NO. 2013-002 - AMENDMENT - VIDEO PRODUCTION
SERVICES AND CABLE EQUIPMENT MAINTENANCE - With Video
Engineering Services for one year in an annual amount not to exceed
$56,915 - Parks, Recreation and Community Services Agency
25B AGMT NO. 2013-003 - AMENDMENT - UTILITY BILLING SOFTWARE
MAINTENANCE - With Systems and Software, Inc. in an annual
aggregate limit not to exceed $133,600 for two, one year renewals with an
CITY COUNCIL MINUTES 7 JANUARY 7, 2013
1 0C-7
annual increase not to exceed 4% - Finance and Management Services
Agency
25C AGMTS NO. 2013-004 AND 005 - AMENDMENTS - REHABILITATION
OF WATER WELLS - With Orange County Pump Corporation and
Bakersfield Well & Pump Company in an annual aggregate amount not to
exceed $300,000 - Public Works Agency
25D AGMTS NO. 2013-006 AND 007 - ON-CALL ENVIRONMENTAL
SERVICES - With Power Engineers, Inc., and Chambers Group, Inc. for
the not-to-exceed amount of $200,000 for each firm - Public Works
Agency
LAND USE MATTERS
DEEDS - TRANSFER OF PROPERTY
30A CAMBODIAN FAMILY PROPERTY LOAN REFINANCING - Community
Development Agency
MOTION: Direct Counsel to review and authorize the City Manager to
sign an Assignment of Deed of Trust, a Subordination of Deed of
Trust, and a Substitution of Beneficiary for action taken by
Cambodian Family, a California non-profit organization, to refinance
its building loan that was funded through the Federal Empowerment
Zone grant.
CONDITIONAL USE PERMITS
31A CONDITIONAL USE PERMIT NO. 2012-27 TO ALLOW A HUB FACILITY
FOR TIME WARNER CABLE AT 1115 EAST SECOND STREET - BLU
CROIX LTD., APPLICANT - Planning and Building Agency
Recommended Action approved by the Planning Commission on
December 10, 2012 by a vote of 5:0 (Nalle abstained).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2012-27 as conditioned.
**END OF CONSENT CALENDAR**
CITY COUNCIL MINUTES 8 JANUARY 7, 2013
1 0C-8
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A APPOINT A NEW REPRESENTATIVE AND AN ALTERNATE TO THE
ORANGE COUNTY FIRE AUTHORITY (OCFA) BOARD - Clerk of the
Council Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2013-001 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING
RESOLUTION NO. 2012-010 AND DESIGNATING AND APPOINTING A
NEW REPRESENTATIVE (TINAJERO) AND ALTERNATE (AMEZCUA)
TO THE ORANGE COUNTY FIRE AUTHORITY BOARD OF
DIRECTORS
MOTION: Sarmiento
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARINGS
SECOND: Tinajero
Reyna, Pulido, Sarmiento, Tinajero (4)
None (0)
None (0)
Amezcua, Benavides, Martinez (3)
75A AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR GRAND
AVENUE WIDENING (PROJECT NO. 081732 NON-GENERAL FUND) -
Public Works Agency
Notice of Hearing letter regarding acquisition of real property by eminent
domain mailed to property owners on December 19, 2012.
MOTION: Continue consideration of matter to the January 22, 2013
City Council Meeting.
RECESSED THE CITY COUNCIL MEETING AT 8:05 P.M.
CONVENED A JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING
AUTHORITY
CITY COUNCIL MINUTES 9 JANUARY 7, 2013
1 0C-9
80A JOINT ACTION BY THE CITY COUNCIL / HOUSING AUTHORITY -
EXCLUSIVE NEGOTIATING AGREEMENT FOR REGIONAL
TRANSPORTATION CENTER AND HOUSING AUTHORITY
PROPERTIES; AND CONTRACT AMENDMENT WITH KEYSER
MARSTON ASSOCIATES - Community Development Agency
Continued from the November 19, 2012 City Council Meeting by a 4-3
vote (Alvarez, Bustamante and Pulido voted "No").
MOTION:
1. Authorize the City Manager and Clerk of the Council to execute
the Exclusive Negotiating Agreement subject to non-substantive
changes approved by the Executive Director, City Manager and
respective attorneys.
AGMT NO. 2013-008 - Between the City of Santa Ana, Housing
Authority of the City of Santa Ana, and Santa Ana Station District,
LLC for the Santa Ana Regional Transportation Center (SARTC) and
related Authority property.
2. Authorize the City Manager and Clerk of the Council to execute
agreement, subject to non-substantive changes approved by the
City Manager and City Attorney.
AGMT NO. 2013-009 - With Keyser Marston Associates, for
economic consulting services for the SARTC project in an additional
amount of $25,000, for a total contract amount of $50,000.
MOTION: Sarmiento SECOND: Tinajero
VOTE: AYES: Reyna, Pulido, Sarmiento, Tinajero (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Amezcua, Benavides, Martinez (3)
CITY COUNCIL MEETING RECESSED TO THE HOUSING AUTHORITY AGENCY
MEETING AT 8:06 P.M. AND RECONVENED AT 8:07 P.M WITH SAME MEMBERS
PRESENT.
CITY COUNCIL MINUTES 10 JANUARY 7, 2013
1 0C-10
COMMENTS
90A CITY MANAGER'S COMMENTS
City Manager Walters commented on life and accomplishments of recently
deceased retired Santa Ana Police Officer Benny Rodriguez.
90B CITY COUNCILMEMBER COMMENTS
Councilmember Reyna
• Hope all had nice Holiday break and revitalized to undertake
challenges ahead; and
• Urged all to shop in Santa Ana.
Mayor Pulido
• Adjourned in memory of Marsha
Police Officer Benny Rodriguez.
ADJOURNED-
Maria D. Huizar,
Clerk of the Council
Sara Lopez and retired Santa Ana
8:12 P.M. - The next meeting of the City Council is scheduled for
Tuesday, January 22, 2013 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center
Plaza, Santa Ana, California.
Adjourn In Memory of
Marsha Sara Lopez
and
Retired Santa Ana Police Officer Benny Rodriguez
FUTURE AGENDA ITEMS
• Street Car Project Update and Action items
• Update Citywide Classification and Compensation Plan
• Ordinance Addressing Homeless Shelters as per Requirements in SB 2 (Senate Bill)
• Contracting Agreement for Specified Police Support Services
CITY COUNCIL MINUTES 11 JANUARY 7, 2013
1 0C-11
1 0C-12
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2012
TITLE:
QUARTERLY REPORT OF CONTRACTS
ENTERED INTO BY THE CITY
MANAGER
,.1
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
Receive and file the Quarterly Report of Contracts entered into between July 1, 2012 to
September 30, 2012 valued at $25,000 and less.
DISCUSSION
On November 7, 2006, the voters approved a Charter Amendment increasing the authority of the
City Manager to enter into contracts and agreements up to a value of $25,000. Section 421 of the
Charter requires the City Manager to report to the City Council quarterly on the contracts entered
into under his authority for informational purposes. The report is required to include the names of
contractors and the amounts of each contract.
Exhibit A is a listing of all purchase orders, agreements, and change notices entered into
between July 1, 2012 to September 30, 2012 valued at amounts between $500 and $25,000.
Unless included under a blanket contract, the City as a general rule does not purchase goods or
services valued at under $500 through either a purchase order or an agreement. Purchase
orders and service agreements valued at greater than $25,000 require approval by City Council.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Exhibit A: Quarterly Report of Contracts
RC
19C-1
19C-2
00
00
N
m N
O_
N N Qa } W O
W U co Q Z u (4
F 00
a 0LU a-
N O u K w 06 N (7 ma
Q 0 w vWi a 0 or w N? V) W w
LL,
CL m U
u W Q N Z G! d w D F- O W w N N Z aQ w
Q - Ln N w W 025 Z Q N- U N l> (? W Z Q D
Z_ H 1= U Q
N Q W W_ = Q F- Q Q CJ V) a N m N w Q w> m 0 Z Z m N Q Z_
a Z
O N O_ J Y
J
Q Z a Q H `n 2 Q a N N (g7 w Q W> wm M m N w z w w H O m Q N
N Q V) m W Q O Z U H W Z w w J U U m d' CJ d J m W K N O J G!
Qw
06 OaN02S G>??o2S?>w WO WOLULI) a- >.6w??QwwwZwN
Z m W W 0 Ln a m w = N° cn J Z U W cC N Q {/) J W W w U O U w
o w LL, w~ Z `^ Q Q C1 J N G o Q ° a s Om U Z= w=-j u w W x w m w
FmQzwmwwN (DoZS w1=MwxQo2SZN°LUFUm(7UwZ2aN-,Q=Q w0vwi
0 m Q U x Z Z w} Z cxn V Q a Z a Z N> w H w Z N Z 0 Z m O_ 06 < w Q H vii x w
(7 K L co co o LL N mp X Q oc Q O (D S a Q m m Y 0 O C7 W Q O~ J (7 Q cc: J cc N} Z
w H Y m U N Z W 3 b p N O w 3: w w f 'n z Y w Q w u J Q O (7 U coC w Gj U Y co L~L1 0
ai w w 2 Q Q z> U= m a ? Z w w x a o o cr o c Nc O Q O E Q w w Zi w 00 U LL
m U U m d w m Q LL U W d m Q Q W U U U F- J W Q w L d LL d m m W> J m N Q
Q
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 66 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
3 6 Lr N Lr Lr 6 O V' ai Vi Lri Lr - Lr O ? Lr Vi Lr Lri Lr m d M Lr Vi O F C Vi a ? Vi of M Lr e O O Lr O
0-1 N V} to to r4 .i N .-i V} .i ri c-4 .--I N N L? N N V? N a4 -1 N .-i V? N N ci V? V? N -1 -4 V? N N N ai V? N
C t? t/} V} to M1. ? to Vr V> V/ t? tn to in to Vt V'• t? Vlk V/ Q)- V} V>• V} V> V} L} L? Vn t/) to
a
Q u
0 N N N N N N N N N N N
t d J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J
OC c c c c C c L G c C C J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J
W a LL LL L.L L.L. LL LL LL LL LL U- L.L Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q
N
O
M
Ch
O
N
n
O
U
w
O
tf
O
11
N
m
T
N
t'
Cf
d
E i- r O N M O N`* n M LD M Lo N O O N lD M N lD 1- m'zt M -' LD w w LO N 1, Low 1, M N ? w N N
m-9t c-1 r-I m w m m O m r? O m V M m O 00 M r? r-I c-1 N M N w N r-I w N cT M N M O w w P? m r? w
3 rl 00 O w 00 1, m m m n l0 00 rl m 1l r- n r, r\ m r- r- m n rl m m m rl m m O r- w 1l r\ r, 00 rl Lo I-
Z el r-I N r-I 1-1 .-i r-I a-i r-1 .-i r-I r-I ri ei a-i r-I .-i a-i r-I a-i ri r-I r-I r-I ei -1 ri -4 -4 a-i ei N -1 •-i r-I ri ei ri r-I a-i 'A
W U U U U U U U U U u U U u U U u U u U U U U U U U U U U U U U U u U U U U u U U U
O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o o 0 0 0 o o 0 0 0 0 0 0 0 o
F m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m
u z x N N 2 L w
om u?cc ?°-, Qom o x F z <N V) D
LLJ Q G m N °U p m 0 W Q J Q Y J } Z m z cc 0?
W
w W JZ w v?0c Q ?wU?Oz} w C7QF 66 QUU °Z ui >-
d (D o6 Q W LJL1 OU Q U G 3 N Z z Q Ln _j LL. m d N J z N Q W W N O L7 S Z
LL S J w w N m Z } g K W N Q d w L o g O J> a CJ U Ln F- 0 J Z J Q
E U) w N
Q J Z_ G J W d O Z_ m H m O S m LL LL z N Y Q
Z m w N w F m N Z Z Q Q-j a H D_ U {~n J m LL> w a~ J O u 0 m 0 c i cr a m 0iS
o O w 0 (n N 0? W w ? w N? O Q S o Z Z m u? Z Q W F m Z (? ° U m} m I- }
c w m mO wC F- m Z t; ul Z F N m N O O Q U N 3 v~i J N U z w w 0 w m N Z
d J X w w O Q J z w m 000 cj6 g Z z F- w Z Z N j Q 0 >- m> N D D O m LL - _ x ?
> _ O z
ao O?az a 3 .i000QammmU(Q?uv°uv o00 LLLL°c?= S za
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
i-i ei ri N e-1 r-I a--I H e-1 a--I N N .--I a--1 a--I e-I e-I a-i H e-I e-I e-i N e-I a-I r-I N e-I ei ri N e-I e-I a--I e-1 e-I a--I a--I N .--I r-I
N e\-I r-I ti N ?q ?ii ti a l e\i r-I ei ,\i 1-1 -4 -4 '1 -4 _4 -4 -4 r-I 'A -4 e\-i -4 -4 -4 -1-1 a\i -4 -4 -4 -4 -4 -4 a\i
R^ t\ n n n n n n t\ n n n n n n n n n n n n t\ n n n n n n t\ n n n n n n n n n n n n
o
11
U
0
m
c
v
E
a,
v
m
a
I
°
a
19C-3
00
w
0
N
V)
W
C7 J U
z Q >
LU
z w
0- z V) N
cr C7 Vi Z Z Of cr H w cr
w W Q w N w D w Le)
Q
L a W D w 0_ N J V) O_
= W v) U) W
J D a
Z W u C7 N w W O a = W
O w
O LL C7 ?^ Z v) Z cDn 025 (D
co F- Z co F- 0
Q (D U V) j U, U) z
H Q
V) Z U) LL W p? W {n W
rr m w n' ? J => Q LL LU z u z N w O Q u U tr u
a ND<Ln `nOJUzz0cn Zw(NJ 0U) w Q cnwCr a=
OU u a 3 Q Q w D Z< O z D g z z W > Lu w N w C7 U N w w Lf)
J D ut z z 1n H w z Qo w o Q I a U w H °C ?Z> \ N
puwZ=HwOwlnwwOwQgQw?CL V) W ?DO V) za V)OLUCLL V) L)
-> N w N Q~ 2 C7 I U J Z u z (7 0 D w> w U J of Q Z V) U W P- Ln w 06 Z a W
>NaZwo2SZ w wD 1Wi0~w Vw)LL D2z0N OQJZ2wpS -j U 0 5; VVI<wUpw
a c a z J o z w w `/) v, x o c H a Q Q cn O J Z F U U <2 - x= 2 w m w o m u w V) U
u F- 2 1 H O a 06 z z z (D Lu g J v) G° L) W U V) ?= Z I mo- Z Q W m= J O J 021 W (:? J O W W g m
O K O
z ?j F- D W V) 2 a Q j w D a Z w D w U 06 w vwi u Cj w U Z u w u Q U w UzU> u Z 0
Q J m0 w Z Q N° Q w 2 Q 0 2 0 <m Q D N w u N ~ O w Q w O w O w w w < 0
two m?_a(?a2 u3?u(?D?H ao z?mw??m?u>z>F- >?>1-O>??
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
0 0 0 C C C 0 0 C C C C C C C C C C C C C C C C C C C C C 0 C C C C C C 0 0 0 C C C
Ln V) O V) 0) d' V V1 M V) to a O O N Ln (D V V) V O m m 01 t?* U) V1 M M O O O O V1 M M V) O' N N V
.-i r4 r-1 V? ei N N V} V} V} ih ?q -j N N V> VT N in .-1 ci -1 .--1 .q N N r-I in r4 V} ,--1 N -1 e-1 ci N ci t4 N N r-I N
V} to in V> Vr L} iLn V). Vr V> t/? V/ VT V> C} V? V? VT t/? V). in V? t? V? i/? L? Vl to to V). t?
rv
0
M
0\)
O
N
a--I
a\i
N
an
Y
u
Ia
c
O
u
00
t
0
0 -
CU
T
O1
t
7
Q
,c J J J J J J J J J J J J J J J J J J J J J J N V) V) V) V) V) V) V) V) N V) N V) V) V) V) V) V) N V)
X J J J J J J J J J J J J J J J J J J J J J J 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2i 2 2 2 2 2
W Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q LL LL L LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL
'It O 1, O lD M N -4 M .A 1? V Ln W lD V) M N M lD r1 N u) N -j .4 O V1 M O M W V N .-1 W 1, M M M V N
0) V M lD O 00 M lD lD (3) O 0) V) 00 O e-I O) 0) 00 O V u) V) (.D 00 r? a--1 00 00 V) r\ n r? O 0) N 0) V) ci .-i 00 e-I
00 O) rn (3) 00 00 1l 00 Q) 00 a) r, 00 00 0) 0) 00 lD 1' 1\ n O Q) 00 r, rl 00 00 00 00 O lD 0) rn r- 1-, 00 0) O n 00 O
r-I r-I r-1 14 r-I a-i .-i ci -4 r-I c-I ci ci 14 -4 e-I -1 r-I .-i r-I e i N N c-I c-I e-1 a-1 -4 a-1 ci ri ri -4 ri a-1 r-I r-I -4 N .-i H N
u U u u u u u u u u u u u u u U u U U U u U u U U u u u u u U u u u u U u u u u u U
000000000000000000000000000000000000000000
m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m
O
° (D z u
z LU ,n ° w z
m H
F- w F- O w r Z w F
H w w J w
z cc u aZ w u= uV)wQ z LLI J a>?°O?QOW0 0
Q i N w 0 D N O °_ N C J w w w K a > N N m w Z H o- OC VNi
c7-1- v}i z Da ~ 3Wm? z mJ z z 1n°?QO w
Jw oaa`n ^' F
C7?? ?m
Q a V)C) G m o2s u
z oc p m o u z ,n o6 D o6 u F z z D J Iii H H En z w a 0 D cf M C7 Z m
m O w w0:: U m z 0 C LL R LL (:? ° J Z cr z w u Z Z Q co LL a~ D_ D z D << Q U Fn
(D cr
UOaODaUv~iO> QO}OOO-imug0 Lo (DwDium`nwU em Q° wQ?=QCQJV~)m
O Q Q u u u J1 °Q- Z N Q= U Ln U< Z~ Q ?? a Q X w U N ac N Z Z w Q w Z (7
Z
Q wD_ O a a. = r 0 co Q O H D ut N J O a UN Q 5' 0 0 0 Q m m OU w D 2 UJ OJ
Y D OM M m an v) cn N N D D> D_ Q C7
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
r-I ?-i H .--I a--I N N c-I a-i r-I i--I ri e-i N .--I a-i r-I N .--I ci rl H ?--I a-i r-I N e-I r-I c-I r-I r-I ci ri a-i r-I c-1 '-i r-I H c-I ri r-I
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
n f\ t\ n N n t\ n n t\ n n n f\ n n n f\ t\ n n f\ n n n f\ f\ n n n n n n t\ n n n n n n n n
0
c
ai
c
u
z
O
v
u
7
CL
11
O
!Z
U
ra
c
O
u
v
0
Y
v
Y
C
Id
co
11
U
O
co
i+
0)
E
N
O
m
Q
I
C7
Q
19C-4
00
00
m
N
N F-
w N Y
U F-
FN- O N V)
F N Q FLU- w O
N
Q LJL u a C7 Q N
x u a F LL N Z
Y CZ m F N1 ¢ o N z¢ z °
a > w O Z w¢ w O Q N Q Q
w (D/) N w 0 W O Z O) Z F- Z Fa LLLJ
> co a N F Co U= o? V) w z J m z a N > w 0 o¢c va) Lai Q N
Y
?w?¢xN0 N`nF-000Q LLF- pQ o6 N Oco N
vwi Q m e x C7 °C ° w } LL a LL N w LL w O Z a °? w > C7 N J Q ¢a
H wU'AZ a UOww00 wUOZY w mU w zQa a
¢ LL w W w z LL Q N> O p U d N Q Z a N In -J 06 Z
, a LLJ zN?JOo ?mmwJ?N>2m wz?w gzo ?Q pOLL
<0N o?z°J0 OAS(D0-F-aCw
uF- w?CCzwaawoZCCV) ?oX 'D 06
CW/ V) V) N U w a H O¢>> F- > m a w N Q U N Z NN ON F- O Z N w Z a
> w Q O O w cc a w p Q Fm- O w Q a U W Z Iwn V) D _j v=i n¢. Z Z o> W w O Y J Y vii
aNF- =?=°zowaU?°w °pz0w>>gumJ?a°aa » -V)-J >aa
Lu (D
Jz0>Q0Q ; = n a00 `LQ) F- LU JNmacax°ZZI=of z m°c?-'FU_J_
N m ww w LL uC' Y ? m wwaw FRaaQ -O¢}w j wmp
= <ui L=QamZ>p?Fw-00D- LU<=00HHww??LLSQF- F-Ca
LU LLJ a ?QHwec 000wLL JQwO?mo OmwwmmZ z0
3a?¢U,
J O
> F- x O U- a w x LL co m a m O a Q C7 m 0' N U F- F- x a a>> F- F- Q m O a N3: U w F
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O
C C C C 0 C' 0 C 0 C C C C C 0 C 0 C C C C C C C C C 0 C C C C 0 0 C C 0 C 0 C C 0 0
V Lo ri Ln Lri Ln LO O V LI) Ln O N Ot Ln Ln O zT Ln Lr) V V Ln V M V N Ln L!1 N L(1 M M Ln L!1 N '7 ?t L(1 O 00
N (N N N A^ N t4 r-I N V? V)? r-I ri N .-i t? tR .--1 N V1 V? N N N N t4 ri t/? t/1• Vl- N N V). -L4 tr> ri t4 ri N ti? .--I V)?
t4 t1} in to t4 t.4 t4 to th t4 t4 t4 to t4 to t4 1.4 t/? 14 t1> t4 L? V). to
N
0
m
Cl)
0
N
n
N
Y
U
f0
C
0
U
0
t
O
0-
a)
cc
v
t
0
Q
-0 N N N N N N N N N N N N N N N N N N N N N (A Q Q Q Q Q
or UUUUUUUUUUUUUU?:
W LL LL LL LL LL LL LL LL a a a a a a d a a a a a a d a d a a a a a d a d a a a a a a a d a a
111 LD M?* n M LD M n N';T N O W V M n O M tO N (N N ri lD O N N W 1l N O ri 1l '?T O '* M 1- W M N
O w 1, m 1, ?* N Ln M m O O N N ri q N m N m r4 O) O) 1l 00 00 m N LD N 1, n M 00 r-I e-1 N 1, N W N N
01 1- O) O 1- 00 n O 00 00 00 00 O) O) O 0) 0) 00 00 0) I, n 00 n 00 00 00 O) 0) O) 1, n n n 00 n O) 1, 00 00 00 O
ri r-I ri N r-I r-I ri N r-I ri ri ri ri ri N ri a-i ri ri e i ri ri ri a-i H T--i r-I ri ri r-I .-i a-i e-i i-i ri ri .-i a-i ri ri ri N
U U U U U U u U u U U u U U u u u U U U u u u u U U u u u U u U U u U U U u U u U u
000000000000000000000000000000000000000000
m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m
z
O_ U' J N
Q Z F Z N J D N N w
z W a x N LL Y Y
LL U w w w C7 Z_ Lu J w a F Z U w p w
O Z_ F F- w w°? Z D LLI Z 0 m z cn a °u ?° N U V) m
w U (D N F- O} o o-6 w?: Z o> w w
(D ° W V) U W p W N G W w W N F- p v N J W w m w z W F- J
0 0 2 z u CO C-A O w F- O > °LL u Q Q N F w Q F- z w J F- 5) O
C) F- O O G O ZD w w w W m F ° J X 5 F Q J LL} w w Z_ F- N w w O¢ N a -w j U N
a°c ? O z z m Z F- N H w w a> Z w O< V) O w N 0 F-2 a ? F -- ?i a ?? m a CC F- N u z }? W j m° W w u N Q a O u°
1wOinwwUaw0 } F zNvwiowC w0O QZOOzwXzw>xmQ°m LLI H JQ 0
CL w F- a Z U N Q Q J w LL F- w 0 0 m F¢ u co Q w U w o: Z Z
U w o- N Z 2 0? J¢ U a J 0 F- U O L- z> Q m J Q 0 ¢ O z O F ° m g
ccc O o< w J 00 w Q Q w m m x¢ Q U W O m Z § Of
O U O Q w Z Z W?: g 00
LGGa o=N 3 x Q u u o(DS z z 0 a a N N J¢ 0 O Y g z a a m z>>>uuuuz
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
N ri c-1 ri ri r-I ri ri e-1 r-I ri rl ri ri ri ri ri -1 a--1 ri N -1 ri ri -1 ri -1 ri ri N r-I a-i ri ri H ri ri c4 ri N ri ri
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
ei r-I c-I c-I ri r-I r-1 c-I ri a--1 r-I r-1 .--I .--I ri a-i r-I r-I c-I ri
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
n n n n n n n N n t\ n n n f\ n n n t\ n n n n n n n n f\ n n n n n n n n n n n n n n n
11
U
O
m
C
OJ
E
v
N
on
Q
11
cD
Q
19C-5
00
0
0
v
0
U) Z
U Z
w z
w w F-
V) ^ Z
V) w U D O
U to F ~
K U= W W W U CC
w w > oc F w
LO) >
J W Q c Q LU CC Q Z
J Q W Z F N J LLI C W F- N W O
V) Z
F- c~n a m J a 2 O D (D -i > w p p (9
Z 0 Q D z Z a H Z¢ ¢LL p w 0~ z
?¢ mF- W w ~ QN LUZw ZJ -iZLL L 'u w<Z? `Q
N vi ¢ Ln C7 a v ?
F- wwc g
LL LLI U) O a Ln O N an F- in N U p 0 Z H? a 3 Lij CC W an O N U 2 (D 0 (D ?j¢ O_ > 2 co P= F-
Lli c ?J in
F- w Q to J Q J J W Q Q .J N 0 ¢ O Q W ,Z./ w? _U W w LL Z Z Z r F- yQ' Z
OC Z Co ¢ 2 (7 a Z a d K p g Z¢ w J K p V= U> Z LL Q Q Q Q Q 0 W
OLL O Q N 2i Z Z 2 Q>> Z U LLJ U) 0 x } S J _J w r z Z O U w 2 O F- F- F- N Q m? in
N Z F X N O m to J N Q Z N F-- W LL LL g J W K Z Z J N J= O CD m ca
F- > g Z W
L, w zm°¢ooDza0,ZoW 2ZZ¢(rnpLnw MY0 =pzv~i a3¢w Go0ow J Jp N
Q>
o_ Z F w o_ Q a E Y O in U F- D m 0 cUi? F 2 Z U4J of l7 F' O¢ Z O w p 2 2 S S LL U U U w Lij N Z 0 F- W N N V1 ) Z J Z= Z LL N J GL Z N} Z 0 x Vl CO LL } 0 J In
O n W Z Q Q J O J E) O ¢ Q Q w ¢a 0 a g¢ x S w m Z Z Z d 2 w a 0
?ZN?Y22?ao_ QLLvf?xaJgvioc inm m 2 w ¢UUma m000wa?Q Z
O O O O O O O O O O O O O O O O O O O O ri 0 0 W . ? 01 lD o0 O V In 0 0 0 0 0 0 0 0 0 0 0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
O O O O O O O O O O O O O O O O O O O O Q1 O O N-cl* -i N .-i O M M O O O O O O O O O O O
O O O O O O O O O O O O O O O O O O O O t0 M O M^ M? O M O O O O o0 O O O O O
O O O O O O O O O O O O O O O O O O O O in m O W ri m Ol w V O Qt w o0 m m w OR;j- V O tD O O O O
01 O lD -t Ln m m u7 r-I in V in m V O O V ,-? a l0 r-: r-: O v)- N ri N oo O N r- r- V? n Ct ri .--I -?F Lr d I? Lr
V>• N VT N N L} N N -i V? V} N i-i r-I N N ri ri ri V)• ri V? V? V? V? N V? V? ri V? V? ri V? N N N Vl N
i/1• t/? V? V} V? V? V? V? V? V1• V? V? V? V? V} V? Vi• V? V? V} Vt• VT V? V?
N
C
M
Q\1
O
Y
N
ri
n
H
Y
V
(0
L
O
U
0
O
t
O
a
OJ
K
ai
t
Cf
Q
Y
L ¢ v1 cn cn to to V1 cn !n N to V) to vi N to N N cn to Ln V U N in Q in to V1 V) V) V) (n Ln Ln U U ¢ ¢ ¢ U oc N K
x oc00 u w cuoonUwwK ?w
W CL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL 0_ U LL LL O_ LL a LL LL d 0_ LL CL U U U D_ CL LL LL m
Ln ri
O O
O O
M lD I, ri N m w w O Ln -:T
N 1, n w w i, m r, w w w
r-I O 0 0 0 0 0 0 0 0 0
M O Uf W O M lD M N O lD r-I N N N N N ri N N N N
N N O N M N M M ri ? 'tT V 'It r-I
V'T O oo lD V in o0 00 O W o0 00 W W O DD W o0 00 0 0 0 0 0 0 0 0 0
N r-I N A M '?* r-I 't V N V'ZT V V V N V't V V N N N N N N N N N
O I,
N r-I 00 00 O
r-I ri N m
ri I? ri ri r-I ri N ri ri ri al ri ri
r-I ri ri Z ri ri ri ri 1-4 Z ri a q ri ri Z Z Z Z Z Z Z Z Z
UU> > > UUU>U> > > > > > >> > OOC7OOOOOC7OOOOC7C7C7C7(7C7C7C7C7
mm-ZZmmmZm------ZZZm0-m<m m_LLdQdLLddQQQQQQQQQ
r
v ?
z W
w j
0 Fw Q w z z
t u Z F- A U U 2 Z 2
Z U U O w z Z Z m x
w F- Z Z Zp ui O vi U F- Q
U O z a. N J F- w Q U Q U J Q 2
Z O LL w J Z w u F- < W J J N U N Q Z in w w 2 J V F- J U O Z
Y J K W Q Q=) O_ O Z J U ~ N Q w J N U W
¢ F- J F- F- K of a w U Z Oiu N Q CC E O Z F- Z O w Z }' cn Z U Q O W
O 'nn ZOZzU o2S ?F-2 LLx in W -- J QJ} Up -ZUu,U 06 N J 2
p?in U ?w ww O¢= Nv' 66 F- Z cn Qvi O Z Q Zn S w
rcpZviC,
co Q N w w z z 06 a u U C7 CC U F- Q Z C7 U =p w Z z z Q> S w O w LLJ w> w 0
?W0 0?ooZ ac?N=z?Owo-z?zaa3UOZUQZF- ¢ooLLI
m w LL o`nc m U» ¢ w a J w m O Q LL cr U w w¢ in J co 9= Z U Ii w Y Q N F- Z U Z ?? w
a 16 z 3 j> w z m H > 3 w p C7 a N w N Y m U>> g in U? LL Q co Q U Z Q Q m U W Z
D OO co w w lwl LL LPL (7 Z d a a LA v2)3: S z> Q (D 0 O Q m a m w d O O m v d F=- O U
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
r-1 ri ri ri ri c-1 ri ri r-I r-1 ri ri r-I ri ri r-I ri r-I N ri ri r-I ri ri ri ri ri r-I ri ri ri N ri ri H ri ri r-I ri ri ri N
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
e-i ri a-I e-1 ri a-i ri r-1 r-I ei e-i ri ri e-I r-I ri ri r-1 e-I ri N N N lf1 -- Ql O O O r-1 r-I ri ei ri N N N N N M 00 00
\\\\\\\\\\\\\\\\\\\\\\ \\\ ri N r-1 a--1 ri ri N ri r-1 e-1 N ri ei ri ri r-1
n n n n f\ n n n n n n n n n n n n n n n n n n (? n n\\\\\\\\ \\\\\\\\
n f\ f\ n n n n n n n n n n n n n
19C-6
00
00
Lf)
U)
u
to N
O d
Z
J
LQ/1 N
N O d
_
to
L
J Ln
D Q
co L Z N
0
J
a
Q a 0?
L„ Z
co _
H U
=
Q
Z 0
N Z Z I w
K U - cn
F
J >
N
w
A
(D w w
w
u U) w
>
9=
0-
d u w U_
< u
Z
O LL
M O F- ? ¢
w u or en W = w Z w J=
m z a Z> O w
Q m
lN7 Z Y O w 3 Q Z m z > w J Y W co 0 V) a W
QQ
m J z? K cr w Wa>w
w 0a
-1 LU
Q ??
LZ
N W Q J K U W V) N w L n
Z Z O 3 W W
D
C7 u
U J m, ?: a U w a z O J 3
w LL
Y
> O3> F- LUi
to } Ln Q Z Ln Q J
r z a
LY ¢ 0\ zLnFinag mm0 C7 C7
0?
S
0 3 cc Z Z
N 0
Z J LL 0 a
Z a J U U Q w o
w ¢ a O N
O D Q m
w F-
Q C, F_ J
Ln E L, 0
0 V)
OU OU > Q LL FZw_ ? w
m m LL Z N Q
C) LU
D_ - Z V) Q Q Z w W m z L" m 0 Q Q
= 0 o
c z0
?z
°a
°
g
awwW
u
Ln w> 0LUZL
0Z=crm
w O w
H O z H °u
c (A
U D U
a U CC z
aYaa
J
??
?mm
a Q m a x Z) Z
00
y
I-C7(7?vai
Z CC N p
? ULLI) ?N?N=Ln
J
a 0
u }
OwQD?F Ln
00 ?ZOJOwO??O?wu u QO
ca ca LU LU
< Q
C
m S
w z W N[
J< p
J LL LL U
0- 0 06
CC S
w O F- F-
m m L
L D- b b ? m
F7 F7
Q F- w a w Q O
o ca CID O cc Q m C Ln 2 w w > Z m m O m
? Q Q Q O? Om w Q 0 c w w 0 z z
u
co
? V) F- m Ln a OW (D 00 m¢ U LO a 0 0 0 a
: F- > m m 0_ ?: D m a U U 2 m W W W J
o O
O O N V N M O
O I, M N Ln rn O M 0 0 0 Ln O O It O O O
V 0 0 0 Ln O O -1 O O m O O O O O O O
LD O O r-I O O O O O N O I- O O O -1 0 N V ri w c) O O
O O ?* Olzr 0 0 0 00 N m 00 O rl O O O
N
O
M
0\1
O
a?
N
ri
n
Y
U
ra
L
c
O
u
w
O
t
O
L1
N
m
T
01
t
cr
O LO N O O Ln M'r 0 0 0 LD O Ln T w O ri V O O w O O O V O N ri .--1 O O O O-;t OItT N r-1 LO V O
O M M N LD M 1' N 0 0 0 ri O M I\ N Ln M at O O M 0 0 0 at 01 I, 00 N O O O 00 Lll 0) M O B 00 00 O
O r-I 00 M N N O a) O O N LD O Ol 00 M LM Ln n O O M O O O Ln LO ,t N 0 0 0 0 r-I 1, a-I O LD r-1 Ln O a,
Ln LD V), cf M K r-i Lr Ln Ln LD to M V). V)' N " ri -- Ln O r-i e1 Lr Lf7 I? r- .--Z I- ri O Ln Ln LO to M 0, t4 r, N lD M
N tn kn Vf N in to N N ri t4 t4 to N N ri lA to i/? ri to t/? N An tn ri to ri to ri to -1 in V? in
t/) t/) to in t4 Itn lkn in• t/) t4 t4 V} to to
Q
i? w
Ln Ln N N Ln Ln U Q Q ¢ N N N V) V) U)
N to Ln Q Q QtoN totoNNNN
X woucco0ovc?z?Ow N 2?2mzzw2 N V) 20 N 2o?wwavcw???2U22222z o0
W a s u u a- LL a a a s D_ a LL d LL a m m o LL LL U LL m a D_ a a a M M M LL M LL LL LL LL LL M U U
Ln
O
000 000 0000 r- 0) m 0) m
O O O O O O O O
N O e-I M N LT O ri N N I? v N N oo r, lO a, oo O LD 1- Ln V 00 LD Ln oo LD r, v 1, N N
ri LD LD LO LD 1- n n ri r-1 O 00 r-1 ri 00 00 00 01 M r-1 O O O O O ri N N N N N ri r-I r-1
O 00 00 00 00 00 00 00 O O O 00 O O 00 00 00 00 00 01 00 0) r-I 0) N 01 0) 0) 0) 0) N O Ol LT 01 0) 01 01 01 O O
N V V' d' 't ?t V V N N C14 ':T N N'It 't V V '7 V Ln V Ln ri N't 'tT -,t 't ;t ri LD -?T V V V V V V fV N
c-1 c-1 ri T-1 r-I ri N r-I r-I ri r-I r-I ri 0, o, ri 00 0) 00 ri ri ri ri ri 00 00 ri 1-4 ri ri r-I r-I ri
Z 1-4 ri e-1 ri ri r-I -4 Z Z Z ri Z Z r-I ri r-4 r-I ri ri ri ri ri ri ri ri r-I ri ri ri ri r-I ri ri ri r-I 1-4 ri -1 Z Z
00000000 Q ¢ Q m Q Q 00000 O O O O O O O O O O O 0m m z a a a a a a a Q Q
z
0
V) V)
to U
cc U N Z n
N r m z u w 0 O Z U ? z
w w z < O z m b b a z w z w
¢ F z 0
Q Q Z a co u w Z w cr= m °
O p w } Z
x
U o_ to m z u w 0 Z tY w Z Z U a U V) u c4
O 0 w UU tw- 0 K F- cc a 0 c cr 0 0 0 O u Y o
to O D w Q z ~ cr cc U U -i z
J L~~n
Q Z
F- U O w U LL U) Z o O Q 0 0 a 06 LL u
C7 (D O r Ln LL Z U Z N z J
O Q m
Z = N LQn z 0 Z O m -j w m Q U) rFW a V) cc w z z Z V) = w u Q LX w u 2 a
Y u Q w w w ¢ V LLU m 2 m 2 c F U w w w Nc H a co F= cr - Z Z 0 o
o_ ? K Z F- J Z Z Z U Q U w > 0 N c ac w F=- w w Q Q Z Z w O0 U w Q a 0 02 U) z w z
0 W Q W w i- F- m LL m Z J W C> ¢ Z m m 0 u O Z O F- \ L 1 U) o OOU w2 QO Z V) ?00N O J LnNa>OOmLwilZm wwuOLnzLnzu< C,=700? z
(D u O w w¢ F- Z F- U O Q Q Lr ¢ Q Y J F-
< Q r w w N 2 w. J LY N 3
QSwQCJwU FHmX Ho LUOLULU wQwxQQwQQ?Op?pQaOwO?wZ2u i
N U F- z m Q U O u Ln ¢ w N L0 LL F U 0 m u F U N z z CI LL n F- ? Q 0 0 M A O C7 ¢?
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
ri ri ri c-I ri N ri ri N r-I ri r-I ri r-I ri ri r-I N ri r-I N H ri ri ri r-1 N ri ri c-I ri ri N N N c-1 ri ri ri ri c-I c-1
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
00 O1 M M M r V V rq r4 (N Ln Lf) In m m LD ri ri r-1 -1 r-1 _j ri ri ri ri _1 .--I c-I ri ri N N lD lD l0 lD lD lp lD t.0
-1 ri I N N N N N N N N N N r4 N N N N N Cr) M \ \ \ \ \ \ \ \ \ \ \ \ \ \ 00 \ 00 \ \ \ \ \ \
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Lb 00 00 W W W Lb 00 W 00 W W (b Lb 00 W W 00 W W m W Lp
n n t\ n n n n n n n n n t\ n n t\ n n n
11
U
O
m
Y
C
v
E
v
v
on
1
19C-7
19C-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
APPROPRIATION
ADJUSTMENT ACCEPTING
REIMBURSEMENT FROM
COUNTY OF ORANGE FOR
POSTRELEASE
COMMUNITY SUPERVISION
I 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
1. Authorize the Chief of Police to sign the Memorandum of Understanding between the City of
Santa Ana and the County of Orange for Public Safety Realignment and Postrelease
Community Supervision cost reimbursement.
2. Approve an Appropriation Adjustment for reimbursement costs from the County of Orange in
the amount of $408,974.66 into the revenue account (account no. 01114002-50506) and
appropriate same into the expenditure account (account no. 01114420-various).
DISCUSSION
Assembly Bill 109 ("AB109") became effective on July 1, 2011 and provided for the enactment
of the "2011 Postrelease Community Supervision Act." This Act requires that certain offenders
released from state prison shall be subject to post release community supervision provided by a
county agency designated by each county's board of supervisors. The Orange County Board of
Supervisors designated the Orange County Probation Department ("OC Probation") as the
County agency responsible for providing post release community supervision. Funding has
been provided from the State to the County for administration purposes.
In order to best implement this program, the County has requested enhanced law enforcement
services from the Santa Ana Police Department. OC Probation shall reimburse the City of
Santa Ana for providing these services and incurring authorized expenditures as needed to
achieve the objectives of the public safety realignment plan.
20A-1
Acceptance of AB109 Enforcement
Reimbursement from County of Orange.
January 22, 2013
Page 2 of 2
FISCAL IMPACT
Approval of the Appropriation Adjustment will increase revenues in the AB109 Reimbursement
revenue account (account no. 01114002-50506) by $408,974.66 and increase the same into
the expenditure account (account no. 01114420-various).
APPROVED AS TO FUNDS AND ACCOUNTS:
y
Carlos Rojas
Acting Chief of Police
Police Department
Francisco Gutierrez
Executive Director
Finance & Mgt. Services Agency
20A-2
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SANTA ANA
AND
THE COUNTY OF ORANGE
FOR
PUBLIC SAFETY REALIGNMENT AND POSTRELEASE COMMUNITY SUPERVISION
COST REIMBURSEMENT TO LOCAL LAW ENFORCEMENT AGENCIES
FOR ENHANCED SERVICES AND OTHER AUTHORIZED EXPENDITURES
This Memorandum of Understanding, hereinafter referred to as "MOU," entered into on
October 30, 2012, which date is enumerated for purpose of reference only, is by and between the
City of Santa Ana, acting on behalf of its Police Department ("City"), and the County of Orange,
a political subdivision of the State of California, acting on behalf of the Orange County Probation
Department ("County.")
RECITALS
WHEREAS, Assembly Bill ("AB109"), titled "2011 Realignment Legislation Addressing
Public Safety," became effective on July 1, 2011 and provided for the enactment of the "2011
Postrelease Community Supervision Act;"
WHEREAS, the 2011 Postrelease Community Supervision Act requires that certain
offenders released from State prison shall be subject to postrelease community supervision
provided by a county agency designated by each county's board of supervisors, as specified in
section 3450 of the Penal Code and as added by AB 109;
WHEREAS, the Orange County Board of Supervisors, pursuant to Resolution No. I I -
111, designated the Orange County Probation Department ("OC Probation") as the County
agency responsible for providing postrelease community supervision;
WHEREAS, on October 18, 2011 the Orange County Board of Supervisors accepted the
Orange County Public Safety Realignment and Postrelease Community Supervision 2011
Implementation Plan ("PCS 2011 Implementation Plan") developed by the Orange County
Community Corrections Partnership ("OCCCP") and approved by the OCCCP Executive
Committee, as required under AB 109 and subsequent related legislation;
WHEREAS, the Fiscal Year 2012-13 funding allocations of State appropriation for the
continuing implementation of AB 109, including amounts for enhanced services and other
authorized expenditures for local law enforcement agencies were presented to, and approved by
the Orange County Board of Supervisors on September 25, 2012 as part of the FY 2011-12
Fourth Quarter Budget Report;
WHEREAS, the parties to this MOU wish to establish the cost reimbursement policies,
procedures and requirements pertaining to City's provision of enhanced services and expenditures
of its AB 109 funding allocation for Fiscal Year 2012-13, and for subsequent fiscal years thereto.
NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
20A-3
Cost Reimbursement MOU City of Santa Ana Page 2 of 13
1.0 TERM
The initial term of this MOU shall be effective retroactively from July 1, 2012, through
June 30, 2013, with approval by the Orange County Board of Supervisors. Thereafter, this
MOU may be renewed for succeeding 12-month fiscal year periods of July 1 through June
30, without further action by the Orange County Board of Supervisors, on the same terms
and conditions and upon mutual written agreement between City and OC Probation, subject
to:
1.1 New or additional funding appropriated to the County by the State legislature for the
continuing implementation of AB109 and subsequent related legislation;
1.2 Acceptance by the Orange County Board of Supervisors of the State appropriation
for the continuing implementation of AB 109 and subsequent related legislation, for
inclusion in the County's budget for each fiscal year covered by this MOU; and
1.3 Approval by the Orange County Board of Supervisors of the funding allocations of
such State appropriation to local resources and needs, including amounts that may be
reimbursed to City for enhanced law enforcement services and other authorized
expenditures.
2.0 POPULATIONS SERVED
2.1 New Populations under County Jurisdiction: Beginning October 1, 2011, AB 109 and
subsequent related legislation, as implemented by County, placed the following
populations under County jurisdiction and supervision by OC Probation:
2.1.1 Persons released from prison on postrelease community supervision ("PCS")
instead of parole, consisting of non-violent, non-serious and non high-risk
sex offenders as defined by the California Department of Corrections and
Rehabilitation.
2.1.2 Persons who have committed felonies and now sentenced to County jail
pursuant to subdivision (h) of Penal Code section 1170 instead of State
prison, who may also be placed on mandatory supervised release.
2.2 Information on New Populations under County Jurisdiction: OC Probation will
provide City with a "Notice of Supervision" with regard to individuals scheduled by
the State for PCS release, as described in section 2. 1.1 herein. Requests for
information on particular individuals placed on mandatory supervised release, as
described in section 2.1.2, may be directed to OC Probation, as needed.
3.0 SCOPE OF ITEMS REIMBURSABLE TO CITY
Under this MOU, OC Probation shall compensate City for providing enhanced law
enforcement services and incurring related expenditures directly related thereto, which shall
consist of, but not be limited to, the following:
3.1 Overtime Services: At various times that are mutually agreed upon and determined
necessary to achieve the objectives of public safety realignment and other purposes
related to AB 109, City shall provide the number of law enforcement personnel
20A-4
Cost Reimbursement MOU City of Santa Ana Page 3 of 13
requested by OC Probation, or by City, in order to check the compliance of offenders,
described in section 2.1 herein, with their conditions of supervision. City law
enforcement personnel shall accompany OC Probation peace officers in conducting
activities, commonly termed as "sweeps," outside of regular work hours, and as more
fully described in section 5.2.2 of this MOU.
3.2 Services of Dedicated Personnel: City may, at its discretion and with written
notification to OC Probation, assign personnel to perform law enforcement services
under this MOU, during their normal work hours as regular-time services, and
additionally outside of their normal work hours as overtime services, as more fully
described in section 5.2.3 of this MOU.
3.3 Other Authorized Expenditures: City may claim reimbursement for operating
expenses directly related to the provision of services under this MOU. Allowable
and claimable operating expenses shall include, but not be limited to, professional
and technical training, equipment, general supplies, travel, and mileage, all as they
directly relate to AB 109 and the objectives of public safety realignment, services
rendered, or authorized expenditures incurred under this MOU.
4.0 AMOUNTS REIMBURSABLE TO CITY
OC Probation shall reimburse City for providing enhanced law enforcement services and
incurring authorized expenditures under this MOU, as needed to achieve the objectives of
public safety realignment, in accordance with the following guidelines:
4.1 Funding Allocation to City:
4.1.1 As approved by the Orange County Board of Supervisors for the period July
1, 2012 through June 30, 2013, City shall be reimbursed up to a maximum
amount of $408,974.66. Such amount is part of, and included in the total
maximum funding allocation of $1,689,089 to local law enforcement
agencies, as specified in Attachment 1 ("Local Law Enforcement PCS
Funding Allocation: July 1, 2012 through June 30, 2013") of this MOU.
4.1.2 For succeeding 12-month fiscal year periods of July 1 through June 30, and
subject to new or additional State funding as described in section 1 of this
MOU and allocated by the Orange County Board of Supervisors, City's
funding allocation shall be specified in a written document renewing this
MOU, as mutually agreed upon and signed by both parties.
4.2 Total Funding Allocation to Local Law Enforcement Agencies:
During all 12-month fiscal year periods of July 1 through June 30 that this MOU is in
effect, City and all other local law enforcement agencies will be individually
compensated solely from and within the total maximum State funding allocation
recommended by the OCCCP Executive Committee and approved by the Orange
County Board of Supervisors for enhanced law enforcement services and other
authorized expenditures, until such amount is depleted. Any remaining balance at the
end of each fiscal year will not carry over to the following fiscal year.
20A-5
Cost Reimbursement MOU City of Santa Ana Page 4 of 13
5.0 RESPONSIBILITIES OF PARTIES
5.1 County, through OC Probation, shall:
5.1.1 As needed, and subject to the provisions of section 8 of this MOU,
periodically deploy OC Probation peace officers to City police department
facilities, to act as liaison for ensuring proper coordination of activities under
the PCS 2011 Implementation Plan and succeeding PCS Updates, including
the services provided by City under this MOU
5.1.2 Request overtime services from City to conduct activities commonly termed
as "sweeps," as needed to accomplish specific objectives, pursuant to section
5.2.2 herein
5.1.3 Coordinate the scheduling of such overtime services with City's designated
law enforcement personnel
5.1.4 In advance of scheduled overtime services, provide specific information to
City law enforcement personnel identifying the names, addresses, and known
associations of the intended sweep subjects
5.1.5 Provide County vehicles for OC Probation peace officers assigned to
accompany City law enforcement personnel in the performance of services
related to this MOU
5.1.6 Conduct periodic meetings and participate in briefing sessions with City law
enforcement personnel
5.1.7 Compensate City for services rendered and other authorized expenditures
incurred under this MOU, in accordance with section 6.0 herein
5.1.8 Oversee the administrative processes for billing and compensation for
services rendered and other authorized expenditures incurred under this
MOU
5.1.9 Financially monitor the usage of the amount annually proposed by the
OCCCP Executive Committee and adopted by the Orange County Board of
Supervisors for enhanced law enforcement services and other authorized
expenditures under this MOU, so as not to exceed the maximum allocation
made available from State funding for each fiscal year
5.2 City, through its Police Department, shall have the following responsibilities with
regard to services and authorized expenditures under this MOU:
5.2.1 General Duties
5.2.1.1 Ascertain the whereabouts of persons described in section 2.1 of
this MOU and known to reside within City's geographical
boundaries, and notify OC Probation when practicable, prior to
conducting compliance checks of any offender, in order to verify
20A-6
Cost Reimbursement MOU City of Santa Ana Page 5 of 13
such individual's identity, active supervision status, and any
relevant conditions of supervision that are to be enforced
5.2.1.2 Make searches and seizures, as appropriate and reasonable
5.2.1.3 Perform surveillance of persons described in section 2.1 in City or
any jurisdiction City has an agreement with pursuant to Penal Code
section 830.1
5.2.1.4 Make arrests for violations of supervision conditions with prior
authorization from assigned OC Probation peace officers, or for
active warrants for persons described in section 2.1
5.2.1.5 Complete and maintain documentation relating to probable cause,
the circumstances of arrests and new law violations, bookings and
all other pertinent information
5.2.1.6 Provide police vehicles for City law enforcement personnel to
conduct activities under this MOU
5.2.1.7 As appropriate, allow OC Probation peace officers to ride as
passengers in City police vehicles, or to operate the vehicles if City
law enforcement personnel are rendered unable to drive said
vehicles, subject to the provisions of section 9 of this MOU
5.2.1.8 Maintain timekeeping and payroll documentation for overtime and
regular-time services rendered by City law enforcement personnel,
and relevant source documentation such as ledgers, journals,
cancelled checks, receipts, and invoices supporting the submittal of
other authorized expenditures incurred by City under this MOU
5.2.2 Overtime Services: With regard to overtime services rendered pursuant to
section 3.1 of this MOU:
5.2.2.1 Advise OC Probation of the number of City peace officers
scheduled to perform the overtime services requested by OC
Probation
5.2.2.2 Notify OC Probation of City's own need to perform overtime
services over and above those requested by OC Probation
5.2.2.3 If necessary and in advance of the scheduled overtime services,
and subject to approval by OC Probation, request that certain
individuals under PCS be added to the scheduled sweep, including
the reasons for such request
5.2.2.4 Make a room available for the parties to participate in briefing
sessions prior to and upon completion of scheduled activities, or at
any other times as may be required, subject to the provisions of
section 8 of this MOU
20A-7
Cost Reimbursement MOU City of Santa Ana Page 6 of 13
5.2.3 Services of Dedicated Personnel: With regard to regular-time and overtime
services rendered by personnel dedicated to perform activities under this
MOU:
5.2.3.1 Provide written notification of such dedicated personnel
assignments to OC Probation, for coordination of services and
reimbursement procedures under this MOU, by mail, fax or e-mail,
as follows:
Orange County Probation Department
Attention: Director of Postrelease Community Supervision
Division
P.O. Box 10260
Santa Ana, CA 92711
Fax: 714.558.6329
E-mail: Rita. RobertsAprob.oc gov. com
5.2.3.2 Notify the assigned OC Probation peace officers of each law
enforcement contact made with offenders, the nature and
circumstances of such contact, and any actions taken or continuing
therefrom, as soon as practicable after the occurrence of such
contact
5.2.3.2.1 For expediency and efficiency in communication and
response times, the preferred method of notification to
OC Probation under this section shall be through
COPLINK. If reporting via COPLINK is not available,
notification may be done by telephone to the assigned
OC probation peace officers, or as described in section
5.2.3.1 above.
5.2.3.3 Provide quarterly statistical and progress reports to OC Probation
of law enforcement activities undertaken under this MOU
5.2.3.4 Attend periodic meetings as requested by OC Probation, or
schedule meetings with OC Probation as needed
6.0 COMPENSATION
County shall compensate City for salaries and benefits paid by City to law enforcement
personnel assigned to perform services under this MOU, as follows:
6.1 Regular Position: The law enforcement personnel assigned by City to perform
services under this MOU shall consist of full-time employees of City in regular
positions, whose normally assigned work hours equal a full work period.
6.1.1 A regular position shall mean a position established on a permanent year-
round basis and requiring work on a schedule designated by City as a normal
work schedule.
20A-8
Cost Reimbursement MOU City of Santa Ana Page 7 of 13
6.2 Overtime Services: Law enforcement personnel may be assigned by City to perform
services under this MOU, pursuant to section 3.1 herein, during hours that are in
excess of an employee's normal work schedule in a regular work period. County
shall pay City for overtime services rendered by such personnel at one and one-half
(1-1/2) times their hourly rate, multiplied by the number of hours of service actually
provided during the billing period.
6.3 Services of Dedicated Personnel: Law enforcement personnel may be dedicated by
City to perform services under this MOU, pursuant to section 3.2 herein, during their
normal work hours as regular-time services, and additionally outside of their normal
work hours as overtime services. County shall pay City for regular-time services
rendered by such personnel at their hourly rate, and for overtime services at one and
one-half (1-1 /2) times their hourly rate; both as multiplied by the number of hours of
service actually provided during the billing period.
6.4 Claiming Methodology: For purposes of submitting reimbursement claims to OC
Probation under section 7.0 herein, City shall use its own methodology for
calculating hourly rates, as applicable to regular time or overtime hours recorded by
law enforcement personnel assigned to perform services under this MOU. When
submitting invoices to OC Probation under section 7.1 herein, City may include the
benefits associated with the regular time or overtime hourly rates applicable to the
claimed services, or show such benefits as a separate line item.
6.5 No Supplantation: City acknowledges its understanding that: (a) the services
rendered by law enforcement personnel assigned to perform services under this MOU
have not previously been, or otherwise will be funded by City; and (b) employee
compensation for said services does not supplant or replace any other City-funded
work hours.
6.6 At all times during any particular action under this MOU, each party's employees
shall conform to his or her respective departmental policies, requirements and
procedures. Each party will operate under the direction of its respective chain of
command. No party is responsible for the actions of another party's personnel. Any
evaluation and investigation of any complaints regarding any party or its personnel
shall be referred to the party at issue.
7.0 FINANCIAL ACCOUNTABILITY
7.1 OC Probation's Fiscal Services Unit shall issue instructions to City for claiming
reimbursement of expenses under this MOU. City shall submit invoices for services
rendered and authorized expenditures incurred under this MOU, accompanied by the
source documents described in sections 5.2.1.8 and 6.4 herein, with the following
minimum information:
7.1.1 Date of service and/or expenditure
7.1.2 Name(s) of City law enforcement personnel who rendered the services, with
their hourly and overtime rates, and number of service hours performed,
pursuant to the methodology described in section 6.4 herein
20A-9
Cost Reimbursement MOU City of Santa Ana Page 8 of 13
7.1.3 Operating expenses, itemized as directly related to the provision of services
under this MOU
7.1.4 City's name and address
7.1.5 City's remittance address, if different from above
7.1.6 City's federal taxpayer identification number
7.1.7 Invoice number or some identifying tracking number specified by City
7.1.8 "Bill To" section in accordance with section 7.2 below
7.1.9 Statement from City's designated representative for this MOU, to read: "I
hereby certify to the appropriateness of the costs claimed and that these costs
have not been reimbursed by revenue, income, or grants from any other
source."
7.2 City's invoices shall be mailed to the following address, with the same "Bill To"
information included in the invoice:
Orange County Probation Department
Attention: Fiscal Services Unit
P.O. Box 10260
Santa Ana, CA 92711
7.3 City may submit invoices claiming reimbursement for services rendered and
authorized expenditures incurred under this MOU on a monthly basis, or quarterly at
a minimum.
7.3.1 For each fiscal year of July 1 through June 30 that this MOU is in effect,
final claims for reimbursement of services rendered and authorized
expenditures incurred by City shall be submitted for receipt by OC Probation
no later than July 5 immediately following.
7.4 Payment by County to City will be within 30 days of receipt of an invoice in the
format specified in section 7.1 herein, as verified and approved by the OC Probation
PCS Division Director, and subject to routine processing requirements. City agrees
to accept such compensation as full remuneration for services rendered and
authorized expenditures incurred under this MOU and for any reasonably unforeseen
difficulties or risks which may arise or be encountered in the performance of services
under this MOU.
7.5 County reserves the right to verify City's source documents related to the provision of
services and authorized expenditures incurred under this MOU. Auditors of the
County, OC Probation, and State shall have access to information, documents, papers
and records of City, which are determined to be pertinent specifically to this MOU,
for the purpose of making an audit, evaluation, excerpts and transcripts.
Furthermore, OC Probation shall have the right to audit claims submitted for
reimbursement by City, if a subsequent audit determines that certain costs and
20A-10
Cost Reimbursement MOU City of Santa Ana Page 9 of 13
expenses claimed by and reimbursed to City are not allowable. City shall reimburse
OC Probation for any such disallowed amounts.
8.0 LICENSE TO USE CITY REAL AND PERSONAL PROPERTY
In consideration of the promises contained herein, City hereby grants to County rent-free
use of office space, office furniture, and office equipment located in the offices of the City
Police Department. Said office space, furniture and equipment shall be used solely by
personnel of City and OC Probation while performing their assigned duties related to
services under this MOU. The precise location, size and type of said office space, office
furniture and office equipment will be determined by City. City shall supply all repair,
maintenance and janitorial supplies and services to said premises and shall be responsible
for all charges for utilities supplied to said premises.
9.0 PERMISSION TO USE CITY VEHICLES
In consideration of the promises contained herein, City hereby grants to County permission
for OC Probation personnel to operate and to ride as passengers in vehicles owned or leased
by City, as necessary while performing their assigned duties related to services under this
MOU. City shall supply all repair and maintenance services for said vehicles, and shall pay
all fuel costs for said vehicles.
10.0 MUTUAL INDEMNIFICATION
County agrees to indemnify, defend with counsel approved in writing by City, and hold
City, its officers, employees, and agents ("City Indemnitees") harmless from any claims,
demands or liability of any kind or nature, including but not limited to personal injury or
property damage, arising from or related to the services, or other performance provided by
County pursuant to this MOU. City's approval of counsel shall not be unreasonably
withheld. If judgment is entered against County and City by a court of competent
jurisdiction because of the concurrent active negligence of City or City Indemnitees,
County and City agree that liability will be apportioned as determined by the court. Neither
party shall request a jury apportionment. This indemnification shall commence on the
effective date of this MOU and shall continue thereafter for any and all causes of action
accruing during the term of this MOU.
City agrees to indemnify, defend with counsel approved in writing by County, and hold
County, its elected and appointed officials, officers, employees, agents and those special
districts and agencies for which County's Board of Supervisors acts as the governing board
("County Indemnitees") harmless from any claims, demands or liability of any kind or
nature, including but not limited to personal injury or property damage, arising from or
related to the services, or other performance provided by City pursuant to this MOU.
County's approval of counsel shall not be unreasonably withheld. If judgment is entered
against City and County by a court of competent jurisdiction because of the concurrent
active negligence of County or County Indemnitees, City and County agree that liability
will be apportioned as determined by the court. Neither party shall request a jury
apportionment. This indemnification shall commence on the effective date of this MOU
and shall continue thereafter for any and all causes of action accruing during the term of this
MOU.
20A-11
Cost Reimbursement MOU City of Santa Ana Page 10 of 13
11.0 PROJECT MANAGEMENT
The OC Probation PCS Division Director shall manage and oversee the operation and
administration of this MOU pursuant to the terms and conditions contained herein. The
PCS Division of OC Probation shall coordinate with City law enforcement personnel with
regard to the activities covered under this MOU.
12.0 CONTINGENCY OF FUNDS
City acknowledges that funding or portions of funding for this MOU may be contingent
upon State budget approval, receipt of funds from, and/or obligation of funds by the State to
County; and inclusion of sufficient funding for the services hereunder in the budget
recommended by the OCCCP and approved by the Orange County Board of Supervisors for
each fiscal year covered by this MOU. If such approval, funding or appropriations are not
forthcoming, or are otherwise limited, County may immediately terminate or modify this
MOU without penalty.
13.0 CONFIDENTIALITY:
City agrees to maintain the confidentiality of County and County-related records and
information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this MOU. All such records and
information shall be considered confidential and kept confidential by City and City's staff,
agents and employees.
14.0 TERMINATION:
Either party may terminate this MOU, with or without cause, upon 30 days' written notice
given to the other party. The obligations pertaining to indemnification for, or defense of
causes of action accruing during the term of this MOU, shall extend beyond the termination
of this MOU until fully performed.
15.0 NOTICES:
Any notices required or permitted to be given under this MOU shall be in writing and
addressed as follows:
Notices to City:
Santa Ana Police Department
Attention: Chief of Police
60 Civic Center Plaza
Santa Ana, CA 92701
Notices to County:
Orange County Probation Department
Attention: PCS Division Director
P.O. Box 10260
Santa Ana, CA 92711
20A-12
Cost Reimbursement MOU City of Santa Ana Page 11 of 13
16.0 ALTERATION OF TERMS:
This MOU fully expresses all understanding of the parties, and is the total agreement
between the parties as to the subject matter of this MOU. No addition to, or alteration of
the terms of this MOU by the parties, whether written or verbal, shall be valid unless made
in the form of a written amendment to this MOU, which is formally approved and executed
by both parties.
//
//
//
//
//
//
//
//
//
//
//
20A-13
Cost Reimbursement MOU City of Santa Ana Page 12 of 13
IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly
authorized officers.
CITY OF
By:
APPROVED AS TO FORM:
By:
City Attorney
COUNTY OF ORANGE:
By:
Steven J. Sentman
Chief Probation Officer
Cities AB109 MOU 7-1-12 to 6-30-13
Dated:
Attest:
Dated:
Dated:
20A-14
Cost Reimbursement MOU City of Santa Ana Page 13 of 13
ATTACHMENT 1
LOCAL LAW ENFORCEMENT PCS FUNDING ALLOCATION
July 1, 2012 through June 30, 2013
City/Agency $ Allocation
Orange County Sheriff's
Department Unincorporated
area and Contract Cities *
173,755.13
Anaheim 258,859.69
Brea 10,638.07
Buena Park 43,734.28
Costa Mesa 108,744.71
Cypress 24,822.16
Fountain Valley 15,366.10
Fullerton 75,648.49
Garden Grove 147,750.96
Huntington Beach 73,284.48
Irvine 43,734.28
La Habra 28,368.16
Laguna Beach 4,728.03
Los Alamitos 3,546.02
Midway City ** 17,730.12
Newport Beach 17,730.12
Orange 91,014.59
Placentia 26,004.17
Santa Ana 408,974.66
Seal Beach 2,364.02
Tustin 40,188.26
Westminster 57,918.38
Yorba Linda 14,184.09
TOTAL 1,689,089.00
For purposes of this Attachment 1, the allocations for the Orange County Sheriff's
Department and for Midway City are listed separately. However, the Orange County
Sheriff's Department will actually be providing services to Midway City. Therefore,
for cost reimbursement purposes under this MOU, the allocation of $17,730.12 shown
for Midway City will be added to the total allocation of $173,755.13 shown for the
Orange County Sheriff's Department.
20A-15
20A-16
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
AGREEMENTS AND APPROPRIATION
ADJUSTMENT FOR CARNIVALS AT CITY
OWNED PARKS
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1st Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute the attached agreement
with Fiesta de Carnival in the amount of $22,500 for a one-year term, subject to non-
substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute the attached agreement
with "O" Entertainment in the amount of $15,250 for a one-year term, subject to non-
substantive changes approved by the City Manager and City Attorney.
3. Authorize the City Manager and Clerk of the Council to execute the attached agreement
with Robert Acosta & Associates in the amount of $4,500 for a one-year term, subject to
non-substantive changes approved by the City Manager and City Attorney.
4. Approve an appropriation adjustment recognizing projected carnival revenue in the amount
of $42,250 in the Recreation Special Fees and Donations revenue account (no. 02213002
57010) and appropriate funds to the Recreation Special Fees and Donations expenditure
account (no. 02213200 62300).
DISCUSSION
Annually, the Parks, Recreation and Community Services Agency (PRCSA) strives to provide safe,
clean, low cost carnival events for our community. This year, PRCSA is proposing seven carnivals
on the dates and park locations listed in Exhibit A. PRCSA hires a carnival promoter to conduct
the carnivals and the promoter pays all applicable City fees, including a fee to help renovate the
park turf and make other small improvements at the completion of the carnival.
Fiesta De Carnival, "O" Entertainment and Robert Acosta and Associates were selected using the
City's Request for Proposals (RFP) process in 2012. The proposed agreements are for the second
of three one-year terms solicited in the 2012 RFP. All three promoters have worked in Santa Ana
20B-1
Carnival Agreements and AA
January 22, 2013
Page 2
for many years and have performed well under the existing agreements. The projected annual
revenue of $42,250 will be used to fund deferred maintenance needs at the carnival locations.
FISCAL IMPACT
The appropriation adjustment will recognize projected carnival revenue in the amount of $42,250 in
the Recreation Special Fees and Donations revenue account (no. 02213002 57010) and
appropriate same to the Recreation Special Fees and Donations expenditure account (no.
02213200 62300).
APPROVED AS TO FUNDS AND ACCOUNT:
ra o MOt xe tive
for
arks, Recon and
Community Services Agency
Francisco Gutierrez, Executive Director
Finance and Management Services Agency
20B-2
N
d
O
C
U
M
ri
O
N
a'
v
a
v
v
a
' a' v
a
W
X C C C C C C C
m
U m
U m
U m
U m
U m
U m
U
lD Cf r-4 U) t0 N lzr
c-I ri ri r-I ri r-I r-I
O O O O O O O O
Ln O In In o O O m
cV I.n r- N O O In N
C 00 -ZF 00 N' ? r,? -?F N
07 ?
G'
en
OJ
N
'
v
L O
0 C
(3) C:
Qj
N
co
, •
0 C L L L C L
a -F
u
u
u -F
u
0
°?' 0 0 0 ? o
IL 4° co ° w ° a?
O °' v ' O y 00
- LL LL LL LL
41
41
m
O
fa
> r4
? M
r?
U ri
V)
M o0 N Ql ' L
T-1
O
t
?n
N
.--I
of
MO Q)
N L c ID OA O
CL m < a o
a
Q
m
L m
m
a
N
U
N
m L
O
m
L C a C t
E L 0
E O
L
OL t0 N OL M vn
U w U
e-i N M In ID I?
20B-3
Exhibit A
20B-4
FIRST AMENDMENT TO EXTEND
NON-EXCLUSIVE AGREEMENT WITH FIESTA DE CARNIVAL
TO PROVIDE CARNIVALS AT CITY PARKS
THIS FIRST AMENDMENT is entered into this 22"d day of January, 2013, by
between Fiesta de Carnival (hereinafter "Operator"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City").
RECITALS:
A. The parties entered into Agreement A-2012-021 on February 6, 2012, (said
"Agreement") by which Operator has conducted carnivals in City parks.
B. In accordance with the terms and conditions of the Agreement, the parties wish to
amend and extend said Agreement for a one-year period and to revise the Schedule of
Events.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
First Amendment to Non-Exclusive Agreement, the parties agree as follows:
1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates
and fees for the 2013 carnivals as follows:
Park Date Max Event
Size Revenue
Cesar
Chavez/Campesino April 5-7 14 rides $4,500
Madison May 24-27 12 rides $8,750
El Salvador June 14-16 15 rides $2,250
Madison Aug. 30 - Sept. 2 12 rides $7,000
$22,500
2. Section 5, TERM shall be amended to extend the term through December 31, 2013.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
[Signatures on Next Page]
Exhibit B
20B-5
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Non-Exclusive Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Lisa Storck
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation and Community
Services Agency
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
FIESTA DE CARNIVAL
TED HOLCOMB
Owner
2
20B-6
FIRST AMENDMENT TO EXTEND
NON-EXCLUSIVE AGREEMENT WITH O ENTERTAINMENT
TO PROVIDE CARNIVALS AT CITY PARKS
THIS FIRST AMENDMENT is entered into this 22nd day of January, 2013, by
between O Entertainment (hereinafter "Operator"), and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of
the State of California (hereinafter "City").
RECITALS:
A. The parties entered into Agreement #2012- , on February 6, 2012 ("said
Agreement") by which Operator has conducted carnivals in City parks.
B. In accordance with the terms and conditions of the Agreement, the parties wish to
amend and extend the Agreement for a one-year period and to revise the Schedule of
Events.
WHEREFORE, in consideration of the covenants contained in the Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
First Amendment, the parties agree as follows:
1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates
and fees for the 2013 carnivals as follows:
Park Date Max Event Size Revenue
Jerome March 8-10 16 rides $ 8,250
Jerome August 9-11 16 rides $ 7,000
$15,250
2. Section 5, TERM shall be amended to extend the term through December 31, 2013.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
[Signatures on Next Page]
1
206'7
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to Non-Exclusive Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation and Community
Services Agency
O ENTERTAINMENT
Troy Hassett, Vice President
Tax ID No.
2
20B-8
FIRST AMENDMENT TO EXTEND
NON-EXCLUSIVE AGREEMENT WITH ROBERT ACOSTA & ASSOCIATES
TO PROVIDE CARNIVALS AT CITY PARKS
THIS FIRST AMENDMENT is entered into this 22°a day of January, 2013, by
between Robert Acosta & Associates (hereinafter "Operator"), and the City of Santa Ana,
a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California (hereinafter "City").
RECITALS:
A. The parties entered into Agreement A-2012-023 on February 6, 2012 ("said
Agreement") by which Operator has conducted carnivals in City parks.
B. In accordance with the terms and conditions of the Agreement, the parties wish to
renew the Agreement for a one-year period and to revise the Schedule of Events.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
First Amendment, the parties agree as follows:
1. Section 3. FEES/DEPOSITS/PERMITS/LICENSES is amended to set forth the dates
and fees for the 2013 carnivals as follows:
Park Date Max Event Size Revenue
Rosita Cancelled 16 rides -
Cesar
Chavez/Campesino October 11-13 14 rides $4,500
Delhi Cancelled 14 rides -
$4,500
2. Section 5, TERM shall be amended to extend the term through December 31, 2013.
3. Except as hereinabove amended, all terms and conditions of said Agreement shall
remain in full force and effect.
[Signature Continued on Next Page]
1
20B-9
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to
Non-Exclusive Agreement on the date and year first written above.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Lisa Storck
Assistant City Attorney
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
RECOMMENDED FOR APPROVAL:
GERARDO MOUET
Executive Director
Parks, Recreation and Community
Services Agency
ROBERT ACOSTA & ASSOCIATES
Robert Acosta, Owner
Tax ID No.
2
20B-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
AGREEMENT WITH RBF CONSULTING
FOR UPDATING THE STORM DRAIN
MASTER PLAN
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on V' Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the City Council to execute an agreement with
RBF Consulting in an amount not to exceed $384,900 to update the Storm Drain Master Plan,
subject to non-substantive changes approved by the City Manager and City Attorney.
2. Approve an appropriation adjustment recognizing $71,325 in current year funds received from
fees collected and interest earned in the Local Drainage Area Fund revenue accounts (50500
and 58000) and appropriating same into the respective Local Drainage Area Fund
expenditure accounts (66220).
DISCUSSION
The purpose of the Storm Drain Master Plan is to evaluate the adequacy of the existing storm
drain system, identify drainage deficiencies throughout the city, and recommend plans for solving
drainage and flooding problems. The master plan considers a range of drainage concepts and
solutions for the construction of future facilities in adherence to the City's General Plan.
Moreover, the Storm Drain Master Plan may be utilized to update financing needs for drainage
facilities and other Capital Improvement Program projects.
The City's Storm Drain Master Plan was completed in May 1994. The County of Orange has
updated its master plan to include storm drains constructed since then, and by incorporating
current topography, hydrologic calculations, and rainfall data. The City's Storm Drain Master
Plan needs to be updated so that it is also current with the County plan.
The Scope of Services for updating the Storm Drain Master Plan includes a review of the existing
master plan and as-built plans; preparation of a comprehensive update, including hydrology and
hydraulic analysis; as well as mapping of the entire storm drain system. A final study report is
required which can be used to qualify for grant funding.
20C-1
Agreement with RBF Consulting for
Updating the Storm Drain Master Plan
January 22, 2012
Page 2 of 2
The Request for Proposals (RFP) was posted on the City website for a period of 28 days,
resulting in four firms submitting proposals. The proposals were evaluated by a review
committee comprised of personnel from the Public Works Agency. Ratings were based on
criteria related to the qualifications of the firm and the proposed team, responsiveness to the
RFP, and the capacity of the firm to perform and deliver the required work. Additionally, the top
two firms were invited to be interviewed by the review committee. The final rankings are as
follows:
RANK FIRM PROPOSAL
RATING INTERVIEW
SCORE
1 RBF Consulting 92 92
2 AKM, Inc. 89 89
3 VA Consulting 78
4 Huitt-Zollars, Inc. 71
The fees submitted by RBF Consulting were found to be consistent, reasonable, and in line with
staff's estimate. Because of their key personnel experience, client satisfaction, and rate
competitiveness, staff recommends that RBF Consulting be retained by contract in the amount of
$384,900, which includes a 7 percent contingency.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Local Drainage Area Funds 202 through 226, inclusive.
r--
Raul Godinez II
Executive Director
Public Works Agency
RG/ML
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. Proposal and Fee Schedule
20C-2
AGREEMENT FOR PREPARATION OF
STORM DRAIN MASTER PLAN
THIS AGREEMENT, made and entered into this 22"a day of January, 2013 by and
between RBF CONSULTING, a company of Michael Baker Corporation (hereinafter
"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
engineering to provide services related to the update of the City's Storm Drain Master
Plan.
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 update the City's Storm Drain Master Plan. Consultant shall prepare an
inventory of the current system, mapping of the system, hydrology and hydraulic analyses, and
the preparation of a report cataloging existing storm drain facilities. Said report shall include a
description of the facilities' condition, recommended actions, master planning methodologies and
recommendation for new facilities, as set forth in Consultant's Proposal dated October 29, 2012,
attached hereto as Exhibit A and incorporated by this reference.
2. REPRESENTATIVES
For purposes of implementing this Agreement, the representative of City shall be the
Executive Director of the Public Works Agency, or his designated representative, and the
representative of the Consultant shall be the President or his/her designated representative.
Except as may be otherwise stated herein, such representatives shall have the authority to act on
behalf of their respective parties in carrying out the terms of this Agreement.
3. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform
this Agreement and will perform its obligations hereunder in accordance with standards and
practices prevailing in the industry. Consultant's contribution to the Project, including works to
be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
personal rights of any third person or party. Consultant shall deliver to City any work product
20C-3
which results from the services provided. Said work product shall be submitted in hard copy and
produced in a form compatible with City's information systems, as agreed between the Project
Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but
not limited to records, papers, drawings, specifications, programs, systems and other materials
prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material shall be the property of the City,
and may not be copyrighted without prior review from the City, and (b) the authors of all such
material, whether copyrighted or not, award to the City, and to its officers, agents and employees
acting within the scope of their official duties, as a condition of payment to the Consultant, a
royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
4. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement
shall not exceed $359,692.00, during the term of this Agreement.
b. Invoices
1. Consultant shall submit a monthly invoice by the fifteenth of the month to the City
for the services rendered in the prior month.
All invoices for work performed under this contract shall be submitted in a format
approved by the City. Invoices shall include the following information at a
minimum:
i. Consultant's invoice number
ii. Beginning and ending dates of services
iii. City Project number and name
iv. Work site address/location (if applicable)
V. Deliverables, percentage complete, subtotals and total for invoice
3. Payment by City shall be made within sixty (60) days following receipt of proper
invoice, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance of professional engineering
services.
5. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2014, unless terminated earlier in accordance with Section 14, below. The City
shall have the option to renew this Agreement for one (1) additional one-year period, on the terms
and conditions set forth herein.
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
20C-4
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.
7. INSURANCE
Prior to undertaking performance of work under this contract, Consultant shall maintain
and shall require its subconsultants, 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 there from and damage to
property, to the extent resulting from the negligent or wrongful acts of Consultant 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 One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in
the aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers, and representatives as additional insured(s); (b) be primary 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) per occurrence. Such insurance shall
include coverage for owned, hired and nonowned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Consultant 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 contract, Consultant agrees to obtain and maintain any employer's liability insurance
with limits not less than One Million Dollars ($1,000,000) per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit
of not less than One Million Dollars ($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 contract 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 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 contract. Such termination shall not affect Consultant's right to be paid for its time
20C-5
and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
8. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, hold harmless City, its
officers, agents and employees (collectively, the "indemnified parties") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation, reasonable attorney's fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a claim;
collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to
any work performed or services provided under this Agreement (including, without limitation,
defects in workmanship and/or materials) or Consultant's presence or activities conducted
performing the work (including the negligent and/or wrongful acts, errors and/or omissions of
Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors,
subconsultants, anyone employed directly or indirectly by any of them or for whose acts they may
be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed
to require consultant to indemnify the indemnified parties from any claim arising from the sole
negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the terms of
this contract. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
9. 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.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agreement.
20C-6
11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714-647-6956
With courtesy copies to:
and
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
Fax 714-647-5635
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax714-647-6515
To Consultant: RBF Consulting
14725 Alton Parkway
Irvine, California 92618-2027
Fax 949-472-8373
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
20C-7
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City, which consent shall not be unreasonably withheld, 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.
14. TERMINATION
The City reserves the right to terminate the contract as follows:
a. In the event Consultant fails or refuses to timely perform any of the material
provisions of this agreement in the manner required, or if consultant materially violates any
provision of this agreement, Consultant shall be deemed in default. City shall provide written
notice of such default, specifying the nature of such default, to Consultant's project manager.
Consultant shall cure, or provide reasonable assurances that it will cure, said default within a
period of ten (10) working days. If such cure is not completed in a timely manner, City may
terminate the agreement forthwith by giving written notice to Consultant's project manager. City
may, in addition to the other remedies provided in this agreement or authorized by law, terminate
this agreement by giving written notice of termination. Consultant shall be responsible for all
costs incurred by City, including replacement costs of equipment and labor required to provide
service during Consultant's default. In the event of such termination for cause, City shall pay
Consultant that portion of compensation specified in the agreement that is earned and unpaid
prior to the effective date of termination. Consultant shall not be entitled to any compensation for
lost profits it terminated for cause.
b. This agreement may be terminated without cause by City upon thirty (30) days
written notice delivered to the Consultant either personally or by mail. Upon termination, City
shall pay to Consultant that portion of compensation specified in the agreement that is earned and
unpaid prior to the effective date of termination, plus reasonable termination costs.
c. As a condition of 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. However, any use of unfinished work product shall be
at City's sole risk.
d. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law,
City shall have the right to withhold all or a portion of Consultant's compensation for contract
services if, in the judgment of the Project Manager or designee, the level of service falls below
appropriate standards and/or Consultant fails to satisfactorily perform contract services. City
shall have the right to retain funds withheld until the Project Manager or designee determines that
contract services are performed as required by this agreement.
20C-8
15. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and
shall comply with all applicable federal, state and local laws and regulations.
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may be
brought or arise out of, in connection with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
20C-9
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:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
PAUL M. WALTERS
City Manager
RBF CONSULTING, INC.
RAUL GODINEZ, II
Executive Director
Public Works Agency
JOHN MC CARTHY, P.E., CFM
Vice President, Stormwater
Management
20C-10
EXHIBIT A
STORM DRAIN MASTER PLAN SERVICES
SCOPE OF SERVICES
Consultant shall provide Storm Drain Master Plan Professional Engineering
Services, as set forth in Consultant's Proposal dated October 29, 2012, on file
with the Santa Ana Public Works Agency - Design Engineering. The staffing and
implementation plan of the Proposal is attached hereto. The entire Proposal is
incorporated by this reference to the Agreement.
20C-11
FBF • •
CONSULTING
A Company
October 29, 2012 JN: 132345
Ms. Mindy Ly, P.E.
City of Santa Ana
Public Works Department
20 Civic Center Plaza
Santa Ana, CA 92702
Subject: Proposal for the Storm Drain Master Plan
Dear Ms. Ly:
RBF Consulting, a Company of Michael Baker Corporation (RBF), Is pleased to provide this proposal to the City of
Santa Ana (City) for the Storm Drain Master Plan Project. The RBF Team's experience in the fields of hydrology and
hydraulics, master plan preparation, and GIS has provided us with a thorough understanding of the key issues and
processes necessary for the successful completion of this project. In addition, the team's history and experience
with the County of Orange, Including ongoing master planning efforts, will allow us to draw upon work already
delineated for the Lane Channel Watershed, the Barranca Channel Watershed, and the Santa Ana - Santa Fe
Watersheds within the City of Santa Ana. RBF also has soils data, land use data, and County of Orange GIS storm
drain data.
The RBF Team will provide the City with a Master Plan Document that will serve as a useful tool for years to come
and can be applied to the reduction of flood damages and continuing redevelopment within the City. RBF's goal is
to provide the City with a master plan that meets the City's needs, and Identify floociplain revisions consistent with
the actual site conditions. We feel it is of great importance to emphasize the unique qualities that the RBF Team
offers the City:
A responsive Project Manager with broad experience in the management and development of storm
drainage master plans on behalf of both public and private sector property owners;
® An experienced Project Team that is familiar with the key issues;
• A demonstrated performance record with the City and other agencies;
• A depth of experience and profound understanding of hydrologic analysis for ultimate land use
conditions;
• A proven work approach and quality control program; and
Availability of qualified staff to respond quickly to this assignment.
We appreciate the opportunity to submit our proposal and look forward to discussing how RBF can assist you with
this important endeavor. Should you wish to discuss possible modifications to our scope or related fee, please
contact me at (949) 855-5759 or at imccarthy@rbf.com.
McCarthy, P.E., CFM
President, Stormwater ti
Enclosure: Proposal (4 sets) and 1 CD; separately sealed fee
PLANNING ¦ DESIGN ¦ CONSTRUCTION
14725 Afton Parkway, Irvine, CA 92618-2027 ¦ P. CA 9261®-7057.849.472.3505 FAX 949.472.8373
Offices located throuBhow. & Nevada ¦ www.RBF.com
Firm and Personnel Experience
Size of Staff
Firm Profile California Offices: 500+
Baker Companywide: 3,250
RBF Consulting (RBF), a Company of Michael Baker Corporation - one of Established (RBF): 1944
the largest planning, engineering, design and construction management Established (Baker): 1940
firms in the Nation - has more than 3,200 professionals with gross Number of Offices: 107
engineering revenue of more than $530 million. The firm's combined
resources serve local, national and international markets, with the western States Offices:
capability to provide a comprehensive range of services on a national Camarillo, CA
Carlsbad, CA
scale for all sizes and categories of projects. Irvine, CA
Las Vegas, NV
Established in Orange County in 1944, RBF has served the county for 68 Los Angeles, CA
years, providing planning and design for public works projects, and Monterey Bay, CA
development of major infrastructure. Oakland, CA
Ontario, CA
The RBF/Baker rankings are in the top 10 percent of U.S. Palm Desert, CA
engineering practices by Engineering News-Record (ENR). Phoenix, AZ
Sacramento, CA
RBF offers a full-service, in-house team of local professionals that will , CA
San San Jose, Diego,
provide all of the services needed for the preparation of a new Storm Temecula, CA
Drain Master Plan for the City of Santa Ana. From our local Orange Tucson, AZ
County office, RBF has available staff with proven experience in drainage Walnut Creek, CA
master planning, storm water quality, geographic information systems,
field surveying, and capital improvement program development. Services Provided:
Planning:
As a leader in the field of water resources and public works engineering, Stormwater Management
RBF provides a full range of professional services from analysis, concept Watershed Management
and design through construction support. As part of our commitment to Water Resources
the water resources field, RBF has a specialized staff of over 30 local Environmental Services
engineers in Orange County dedicated to flood control engineering, storm Regulatory Permitting
water management and water quality services, providing our team with a Land Planning
tremendous depth of resources and experience. Transportation Planning
Urban Planning and Design
Visual Analysis and Design
We bring to this project the technical capabilities needed to develop an GIS
effective drainage master plan, along with a history of successfully
working with local communities, public agencies, and stakeholders to Design:
Storm Water Facilities
incorporate their concerns and issues into the development of innovative Water / Wastewater Facilities
and effective project solutions. Water Quality
Electrical Engineering
The RBF Team will work in partnership with the City, providing all the Structural Engineering
required services in support of this storm drain master plan project. Civil Engineering
Working cooperatively with City staff, we will provide the resources Transportation Engineering
needed to provide technical studies, advanced modeling, and review of Traffic Engineering
future development plans for impacts to local storm drain systems. We Landscape Architecture
also work with local agencies to provide hydrology / hydraulic model Construction:
selection, comply with NPDES permit requirements, and develop web site Field Surveying
applications and training to allow them to more effectively implement Mapping/ Right of way
and manage the drainage master plans we develop. Our staff Construction Staking
understands how to meet agency budget and schedule goals, and the Construction Management
need to consistently deliver responsive professional services. Construction Inspection
1
co.+eu???wn
" ... 20C-13
Demonstrated Storm Drain Master Plan Experience
The RBF Team has developed storm water master plans for both public agencies and private clients in Orange
County and our expertise is recognized throughout the State.
As part of the San Diego Creek Master Plan, RBF has already delineated the Lane Channel Watershed, the Barronca
Channel Watershed, and the Santa Ana - Santa Fe Watersheds within the City of Santa Ana (see graphic below).
RBF also has soils data, land use data, and County of Orange GIS storm drain data (cover photo).
RBF's staff maintains an on-going dialogue with local, regional, and state jurisdictional agencies and continually
keeps abreast of the changing requirements and procedures of the Federal, State and local agencies. Storm water
management plans are complex because they involve multiple objectives and a variety of elements in the planning
formulation process. The technical evaluation of engineering requirements is combined with the qualitative
assessment of issues, which include economics, political, environmental, administrative, and community
acceptability. RBF has completed 20 Drainage Master Plans in the last decade.
RBF has completed 20 Drainage RBF has extensive experience with watershed modeling techniques, urban
Master Plans in the last decade. drainage analysis, NPDES requirements, flood control design criteria, agency
¦ Knowledgeable Hydrology and processes and regulatory issues. We use the most current software and tools
Hydraulic Modeling available to develop the most cost effective solutions. Hydrology calculations
¦ State-of-the-Art GIS Capabilities can be prepared using the Orange County standard AES program, or more
advanced models such as SWMM, and EMS-I's Watershed Modeling System
¦ Effective Facility Inventory (WMS), CivilSotrm, in addition to the Army Corps of Engineers HEC-1 and HEC-
Procedures HMS programs. Hydraulic modeling of storm drain facilities and street flow can
¦ Innovative Advanced Modeling be accomplished using one- or two-dimensional computer programs or a
Techniques coupled combination of both to more accurately model complex surface and
¦ Current Cost Estimating data sub-surface flow patterns.
¦ Web based Applications.
ca.+su?r?Ka
20C-14
PROJECT NAME
FBF ® i M Map Tide
A6 7a V%
Experience with the County of Orange Public Works-Flood Division. Our staff is experienced in working with the
criteria and procedures used by local agencies and the County of Orange. RBF has been an on-call consultant to
the Orange County Public Works-Flood Division for the past decade. Past projects have required development of
accurate models for detention / retention basin analysis, urban runoff management plans, facility designs,
hydraulic deficiency studies, master plans, overflow/street flow analysis, and channel routing studies. RBF has
completed numerous drainage studies of urban areas using the standard AES Software and more advanced
programs such as XP-SWMM (same hydrodynamic engine as CivilStorm), including recent one- and two-
dimensional modeling for the Orange County Public Works Department for Midway City. As part of these and
other projects, RBF staff members have developed expertise in identifying creative solutions to complex drainage
issues and in incorporating these solutions into comprehensive Capital Improvement Programs.
Our experience in developing master plan projects includes:
• City of Anaheim -Storm Drain Master Plan ¦ City of Yucaipa Master Plan Update
• County of Orange-San Diego Creek Master Plan of Drainage ¦ Southern California Logistics Airport Drainage Master Plan, Victorville
• City of Buena Park-Storm Drain Master Plan • March Air Force Base Reuse Storm Drain Master Plan, Riverside
• Midway City Drainage Master Plan, Unincorporated Orange County • Focused Master Plan of Drainage, Lathrop
• Storm Water Runoff Management Plan for Talega Valley, San Clemente ¦ City of Brisbane Storm Drain Master Plan
• Heritage Fields & Orange County Great Park Drainage Master Plan, Irvine ¦ Hillside Drainage Study and Capital Improvement Program, El Cajon
¦ Tustin Legacy - Runoff Management Plan • Drainage Facilities Master Plan Updates SDA 2 & SDA 9, San Diego County
• Northern Sphere Master Plan of Drainage, Orange County ¦ Town of Los Gatos Master Plan of Drainage
¦ Tonner Hills Runoff Management Plan, Unincorporated Orange County ¦ Port of San Diego GIs Storm Water Data Management Project
• Santiago Hills Phase II Master Plan Drainage, Orange County ¦ Otay River Watershed Management Plan, San Diego
• Peters Canyon Channel Watershed Update, Orange County ¦ Naval Training Center (Liberty Station) Redevelopment, San Diego
• Barranca Channel Watershed Update, Orange County ¦ Marshburn Channel Watershed Update, Irvine
• City of Stanton, Master Plan of Drainage
Geographic Information Systems
With over 23 years experience developing GIS based technology solutions and
using the latest tools including advanced web based online applications, RBF
offers a comprehensive set of GIS services capable of handling the entire span
of discipline workflows in a common environment. RBF's GIS experience
provides a clear understanding of the technology required to create and
manage information. RBF is known for being on the forefront of leveraging
technology to provide better services to our clients. As an ESRI Business
Partner, RBF is in a position to keep abreast of the latest GIS technologies and
maintains a full suite of GIS programs and extensions. With nearly a hundred
internal ArcGIS users RBF has the resources to complete large and small scale
projects. RBF maintains a fully implemented service employing ArcGIS Server
and develops applications in the Silverlight environment for advanced media
rich user environments. These online mapping tools can be hosted by RBF or
brought in-house by our clients.
Our GIS services can be used to provide easy access to the City for project
status and quality control throughout plan development, as well as ongoing agency management of drainage
master plan implementation. For one municipality, RBF created a custom Interactive Online Facility Mapping Web
Site based on the GIS database of drainage facilities developed for the project. This application belongs to the City
and enables staff to update or modify facilities on a continuous basis, creating a master plan that is always current,
minimizing the need for future updates.
COHBUti?ha
20C-15
Online interactive web sites
prepared as part of the master
plan update for the City of Yucaipa
and as a system-wide mapping
tool for the County of San
Bernardino.
RBF is proficient with Bentley MicroStation and has utilized this software on freeway, interchange and other civil
engineering design projects. We are currently using Bentley MicroStation V8i Select Series 2. And we also utilize
Bentley MicroStation version V8 2004 edition for legacy or ongoing projects. RBF has utilized Bentley MicroStation
while working with the following clients including: Port of Long Beach, Caltrans, Orange County Flood Control
District, U.S. Army Corps of Engineers, Arizona Department of Transportation, City of San Diego, Riverside County
Flood Control,Los Angeles County and Metrpolitan Water District.
RBF has many of Bentley hydrology, hydraulics, and CADD programs such as
Storm and Sanitary network tools, Pond Pack, Flowmaster, Storm CAD, and
CivilStorm. The CivilStorm hydrodyanmic model uses two types of finite
difference engines to solve St. Venant's equations: the EPA SWMM
engineering and an implicit engine. RBF has extensive experience running the
EPA SWMM model and using it in master plans.
Hydraulic Analysis / Design
RBF Team members have technical competence and specialized experience in
steady and un-steady single- and multi-dimensional numerical models for the
hydraulic analysis and storm drain facility design. These models can analyze
surface water hydrology and hydraulics in various urban environments
including coupled 1-dimensional and 2-dimensional computer models that
incorporate surface and sub-surface conditions. The team has an in-depth
understanding of the EPA's SWMM programs, and the experience and
knowledge to identify appropriate applications for the use of the software.
RBF prepared 1- and 2-D surface
and subsurface model using the
SWMM program for the
Midway City project.
The RBF Team includes recognized experts in the application of hydrodynamic modeling. RBF's Mr. Tom Ryan
recently presented an internationally attended webinar for XP Solutions on "Urban Flood Modeling using 1D, 2D,
and Coupled 1D/2D models in Southern California." The webinar was viewed by over 280 participants from five
different countries.
For the Midway City Street and Storm Drain project, RBF developed a coupled 1- and 2-dimensional model of the
existing and project conditions using the SWMM program to assess the benefits and impacts associated with the
phased installation of the new storm drain system in the existing community. This analysis provided the necessary
documentation to show that the phased installation of the proposed improvements would not transfer the
flooding problems to the adjacent areas, and allowed the County to move forward with the phased construction of
the project without expensive and complicated mitigation measures. RBF identified the existing and project
condition surface flooding and used GIS tools to assess the impacts and develop
- graphics to clearly document the change in surface flooding depths as a result of
the project improvements.
5
Tustin, Hydrodynamic Surface
Flow Model Results for
maximum flooding depths
Pl?
RBF recently completed a study for the City of Tustin to assess drainage
improvements necessary for the reuse of the former Tustin Air Base. The
original master plan included offsite improvements in the adjacent city to
provide the required flood protection. Right-of-way and other constraints
associated with the offsite improvements would have resulted in significant
schedule delays and cost millions of dollars to construction. RBF proposed a
coupled 1- and 2-dimensional hydrodynamic model for the base re-use without
the offsite improvements to evaluate flooding limits and maximum ponding
depths. The SWMM program was used for the analysis. The model evaluated
the proposed on-site storm drain system and site grading. We used the results
20C-16
Bentley /MicroStation Experience
of the analysis to modify the project grading to provide surface storage capacity at acceptable depths which
eliminated the City's need to upgrade the existing downstream storm drain system.
RBF and its team members are using EPA's SWMM program for a wide variety of unique and complex drainage
projects for hydrology, hydraulics, flood routing, storm drain sizing, floodplain mapping, and coupled 1- and 2-
dimensional modeling including:
¦ Southern California Logistic Airport (SCLA) Drainage Master Plan (Victorville) - Backbone storm drain system
design, SWMM hydrodynamic models were used to minimize pipe sizes for this high desert area with flashy,
short-duration storm events. The results of the analysis were compared with a separate WSPG analysis and
design, and saved the City over $2,000,000 in storm drain improvements (approximately 25-30% savings).
¦ City of Anaheim Floodplain Revisions - RBF is using SWMM in conjunction with HEC-RAS to prepare updated
floodplain mapping for a unique channel overflow situation in the city. SWMM is being used as a coupled
1D/2D model to analyze overflow to this existing urban area from a regional flood control channel which was
modeled using HEC-RAS. Detailed 2D modeling of the overflow flood hydrograph using the existing storm
drain system and surface flow resulted in the removal of over 50 structures for the current effective
floodplain.
¦ Oak Glen Storm Water Detention Basin (Yucaipa) - Complicated regional flood control basin included one
flow-through and two flow-by storage areas connected via culverts and overflow weir sections. SWMM was
used to effectively model the complex hydraulics to better define the basin performance and determine the
flood attenuation provided by the basin. The results of the flood routing analysis were used to update
regional hydrology prepared using the local methodology.
¦ Naval Training Center / Liberty Station Redevelopment (San Diego / Point Loma) - SWMM model used for
preparation of hydrology and hydraulic modeling for master plan development. The project is located on
Mission Bay, and the SWMM analysis reviewed various tidal elevations and the impacts on the system
performance.
¦ Master Drainage Plans for the Cities of Buena Park, Anaheim, Brisbane, Thermalito, Fort Ord
redevelopment, and Lathrop - SWMM model was used for preparation of hydrology and hydraulic modeling
and pump station and storm drain facility sizing in support of numerous storm drain master plan projects
throughout California.
City of Santa Ana and Agency Experience
RBF has extensive experience in the planning, design, and
construction of numerous large public works projects with
Federal, State, local, and regulatory agencies. Few consulting
firms can match our range of experience, and clients draw
from our insight to ensure change and build the business and
technology systems required to effectively and efficiently offer
the services citizens demand and deserve.
RBF has an excellent working relationship with the City of
Santa Ana and has worked on several projects over the years.
The letter of reference to the right illustrates the commitment
our staff has provided on past projects. As the City
contemplates a potential engineering consultant to partner
with on this important project, RBF anticipates it will carefully
consider the qualifications of the outstanding, experienced
and knowledgeable personnel that we have ready to commit
to provide the critical engineering support desired for the
Storm Drain Master Plan.
cn.auGnr.r
CITY of SANTA ANA
PUBLIC WORKS AGENCY M-l6
M. i4lfl- K. t-
0-W county PubBe wata
W,N,,lnFWwa•Ed --:
Santa Ana, CA 227,2
SUBJECt: pelerenee Letter for"G.-ow Regulatory um.. .1m. fie city of
Sent A-
A ?rra, ?,; Ka:tnr,
E urer ecq..rs• oI RHF Ccr"WUny (Re3F br,?'r xi hn Rf)P-n Rexpraremy
5orw ras Prpg.am RRF lla5 PMr•Q44 .uyulirl«y f' ?•iry,ry antNCta 1W &t Tap, W4K..
Prolecty wrrt,in IhaCrty al 5.nta Ana Frye of ttw•e BrX1yn Protoets upon lFm Santa am Itaar and
RW'S n*'a4t cet4nl 6gr;HCO. ryilPnd p;vrrair rg? rYrplR±gmant nM vY'rJbntnl SyMh!?my pt FloAef
ssr¢n1 Brame a+nr Sarn*gr, crcoX
RfDf, ! d ,:,x1 G' --Rrnpc I, Fk+ t 5 tfirKJprr-I M ,flp}waa
Vwxh. YCU in Xx!]. RPF' u,^F Pl w k Tc uarrd sta. +anU fMn,ae dc'<aUCrr of the C•eex.5
Xm.15. a CrdJyrCa?. d568a5n'-¢rl. Pr¢-dPGGGa4}n <UN`Jrn3:?C+'1 MHI, rGe'AM agnrN.rtl3 NnU r-.t
Prxee.5:ny erF?,u:. } ww,?r,? rr?.r,wbn,.-Glx eryr?ornf may ?,rw t?. Pa,r•rtn.r,e RBF.xa.tF.?
v.e C+N r? •I^••afyiny ??uxro^n sxanun.:. oo;l rnanayenrant Pra t-1 and.n,pact mmrm,ratro*. to
Src C- 1hr50• A 0.I'd 5"A nurna9••rt-nt RbF ry.c?ntl.Jq n cm?N.6h arxt evq•*,rc.,ry jy in pbW m.,-ra LM
M-1,. RRF Prp W., xtaWd ac?ca of work arxf ate wrrk was PMorni -tl en Gme >.n kx. fre
original Gu6,Ct. I k ttvward la roNrnrng RBF Ca-H,q for Ragr+Y.a;ory S.n x:ea eymn m ew
at lyRrrO PIrr,550th; nut lH:a'atr•tA CaVilsrtm5 z11]f 6; MJ.+?$cr mlyaean6laM rwy
e5rv:fU yar f>.Sw1 any aGex`µ•ns
$i 'BrElq.
MrrMy Li, P.E
Serewr CrvA Erryt'¢r.
Gry M F-1. Ana
Pro. WcA, Agen-y
M C_ Ce ,;., P•aza M :
5n•+la Ara. CA X?N
5
20C-17
Project Team
The RBF Team is comprised of a team of experts in flood control, storm water management, GIS, database
management, and field data collection. The team will utilize the latest in GIS-based data collection and processing,
and hydrologic and hydraulic modeling sophisticated enough to serve as a flexible and easy-to-use platform for
City staff to evaluate future changes. The team we have assembled for this assignment has current, relevant
experience, and utilizes top-rated project management techniques that promote creative and cost-effective
solutions. Our team will work closely with the City and local agencies to ensure a comprehensive analysis of the
City's drainage system is performed, ensuring consistency with components constructed since the 1994 City-wide
hydrology and hydraulic analysis, and the County of Orange Master Plans.
Organization Chart
The City of Santa Ana Benefits in
Working with RBF Consulting!
? Exact some experience in City of Santa Ana
Pubic Works Department
developing Storm Drain rr
Master Plans. Mindy Ly, PE
Nect Manager
? On-call consultant to the
Orange County Public Works-
Flood Division for the past
decade.
? 68-year history in Orange
County.
Rebecca Kinney, PE
Join McCarthy, PE, CFM
Steve Un, PE, GI:PE?J Howard Bamdt, PE Tom Ran, PE
Y Rebecca Kinney, PE
Mujohid Chandoo, Mtyahid Chandoo, PE Mice Dole, PE Tim Mali, PE, LEED AP
System Installation
and Training
Steve Bein, PE, GISP
Tom Ryan, PE
-----------------------
3200 Technical and Support Personnel Companywide
WSW I WnWwater Engirmoty Storm waw Flaring a Design Landscape kauXh,ne
Ekdrical Erring W*wsW Management Survey I Mapping
Stnrdural EngkMmirrg Regukbry Agency Proceesng I PemBAtirg GIS
Trwaportakon & Traffic EW*w" PtarmvV and Emlrowental Services Constructw Mar Wrerd I Mapecbon
6
PAW- cowauvina
'` 20C-18
Key Personnel
Rebecca is a highly experienced Project Manager with a 17-year career spent entirely in Orange County. She
works closely with local agencies and cities in the planning and design of theirstormwater systems. She is
currently managing the San Diego Creek Master Plan of Drainage for the County of Orange and Storm Drain
Master Plan for the City of Anaheim.
Rebecca Kinney, PE Project Manager
Rebecca Kinney, PE, will provide hands-on management in developing the Storm Drain Master Plan documents.
Rebecca is a Registered Civil Engineer with 17 years of experience in the master planning and design of stormwater
systems. She is well qualified to manage and coordinate this effort and has proven experience in delivering
complex projects on time and within budget. She is highly knowledgeable about Orange County storm drain
infrastructure and requirements, and has has completed multiple master plans of drainage in Orange County over
the last 10 years. Her recent experience has focused on development of Master Plans of Drainage, which focus on
storm drainage facility sizing, stormwater NPDES compliance, stream stability, and floodplain management. Her
planning experience includes large master planned communities as well as supporting hydrologic and stormwater
quality analysis as a basis for CEQA documentation.
Recent Experience:
¦ County of Orange - San Diego Creek Master Plan of Drainage
¦ City of Anaheim - Storm Drain Master Plan
¦ Marblehead Coastal Runoff Management Plan, San Clemente
¦ Southern California Logistics Airport - Storm Drain Master Plan, Victorville
¦ Peppertree Hills (formerly Tonner Hills) Runoff Management Plan, Brea
¦ Storm Water Runoff Management Plan for Talega Valley, San Clemente
¦ Heritage Fields Drainage and Water Quality Master Plans, Irvine
John is Vice President of Stormwater Management at R8F with 24 years of experience in the field of stormwater
management. For more than two decades, he has been responsible for the successful delivery of storm drain
planning and design projects located throughout Orange County, including on-call services to the County of
Orange, Flood Control Division for the past 10 years.
John McCarthey, PE, CFM Project Director
John McCarthy, PE, CFM, will have executive oversight of the team and project and will serve as an alternate
contact. As Project Director, he will help plan the work and assure sufficient resources are allocated to accomplish
the work within the City's established schedule. John is a Registered Civil Engineer in California and Nevada,
Certified Floodplain Manager, and served as a member of the California Department of Water Resources Alluvial
Fan Task Force. His experience is concentrated in the field of flood control and environmental engineering
focusing on hydrology/hydraulics, master planning, water quality, and flood control and storm drain system
design. John is highly knowledgeable about Orange County design requirements and has served as Project Director
/ Manager for numerous master planning and flood control projects that have included complex hydrology,
hydraulics, including coupled one- and two-dimensional storm water runoff models, as well as the civil design of
storm drain and channel improvement projects.
Recent Experience:
• County of Orange - San Diego Creek Master Plan of Drainage
¦ Orange County Flood Control On-Call Contract
• City of Anaheim - Storm Drain Master Plan
¦ City of Buena Park - Storm Drain Master Plan
¦ Midway City Street and Storm Drain Master Plan and Improvements
7
ca..su..ir.o
_, 20C-19
Tom Ryan has 16 years of experience in hydrological/hydraulic analyses, storm drain modeling and design, and
BMP implementation. Tom is an integral member of the hydrology team at RBF and has been responsible for
hydraulic analyses for numerous storm drain master plans. He has substantial expertise in the application and
use of hydrology/hydraulic modeling software and routinely provides training to clients.
Tom Ryan, PE Hydraulic Analysis and System Training
Tom Ryan has experience in the preparation of storm drain system layouts for master planning and facility design.
He is experienced in hydrological/hydraulic analyses, storm drain modeling and design, and BMP implementation.
Tom was the lead Project Engineer in the composition of the Master Plan of Drainage for the City of Yucaipa and
Midway City projects, Tustin Legacy RMP, and the City of Lathrop master plan; and is currently providing
engineering services for development of the City of Buena Park's Storm Drain Master Plan. The MPD's include a
detailed hydrologic and hydraulic analysis and facility sizing and estimates. He has also applied advanced SWMM
modeling for projects including Midway City and for the Southern California Logistics Airport. Tom is an
experienced trainer and works with clients to ensure staff understands how to effectively use various modeling
software. He recently presented an internationally attended webinar for XP Solutions on "Urban Flood Modeling
using 1D, 2D, and Coupled 1D/2D models in Southern California." The webinar was viewed by over 280
participants from 5 different countries.
Steve Bein has 26 years of experience in GIS and Civil Engineering with a focus in GIS analysis, master planning,
needs analysis, database design, system specification and selection, training, and operation. Steve works daily
with members of RBF's Hydrology and Water Resources divisions at RBF in support of master plan development.
Steve Bein, PE, GISP Inventory / Mapping and Training
Steve Bein's project experience includes GIS, Civil and Transportation Engineering; GIS analysis, master planning,
needs analysis, database design, system specification and selection, training, and operation. He has applied his
talents to the development of computer aided engineering and planning applications, facilities management, and
spatial information systems. Steve's experience and relationships make him an ideal candidate for any project
team proposing the manipulation and analysis of spatial data. Steve manages projects utilizing many systems
including AutoCAD, Microstation, ArcGIS, Arclnfo, and Oracle, SQL Server, SDE, and web technologies. In addition
to his experience in GIS and CADD, he is also a registered Civil Engineer with experience in water resources
engineering, transportation engineering, and subdivision design. His recent experience includes City of Anaheim
- Storm Drain Master Plan, Tustin Legacy Master Plan of Drainage / Runoff Management Plan, Midway City Street
and Storm Drain Master Plan and Improvements, City of Yucaipa Master Plan of Drainage Update and GIS Facility
Mapping, and City of Buena Park Storm Drain Master Plan currently underway.
Howard Barndt performs hydrology studies, hydraulic deficiency studies, floodplain analyses and mapping, and
detailed one- and two-dimensional hydraulic analyses. His recent projects include the County of Orange - San
Diego Creek Master Plan, City of Yucaipa - Master Plan of Drainage, and March JPA - Drainage Master Plan.
Howard Barndt, PE Hydrology
Howard Barndt is a Registered Civil Engineer with 13 years of experience in stormwater management projects. He
has an extensive background in performing hydrology studies, hydraulic deficiency studies, floodplain analyses and
mapping, detailed one- and two-dimensional hydraulic analyses, and preparation of comprehensive runoff
management plans.
g
20C-20
¦ Heritage Fields Drainage and Water Quality Master Plans, Irvine
¦ Tustin Legacy Drainage Master Plan and Runoff Management Plan, Tustin
¦ Master Plan of Drainage Update, Yucaipa
¦ Northern Sphere Master Plan of Drainage, Orange County
An Experienced Team Benefits the City of Santa Ana
?- RBF's extensive experience developing master plans of drainage for both public agencies and private
clients in Southern California allows our team to thoroughly address all of the elements needed to
{ successfully deliver a Storm Drain Master Plan that will serve as a useful tool for the City for years to
come. The table below highlights the credentials and qualifications of the RBF Team and percentage of time
anticipated for for each team member. Summary resumes for key staff are provided at the end of this section.
Project Team Credentials and Qualifications
Name / Role
Time Commitment %
McCarthy, PE, CFM Years
Exp.
24 Education
B.S., Civil Engineering Registration
Civil Engineer, CA, 47583 ,Projects
¦ City of Anaheim-Storm Drain Master Plan
Project Director Certificate, Light Construction Civil Engineer, NV, 15419
Time Commitment: 10%
and Development
Civil Engineer, AZ, 51805 ¦ County of Orange -San Diego Creek Master
Management Certified Floodplain Manager, Plan of Drainage
US, 05-01596 • City of Buena Park-Storm Drain Master Plan
• City of Yucaipa-Storm Drain Master Plan
Rebecca Kinney, PE 17 B.S., Civil Engineering Civil Engineer, CA, 58797 ¦ City of Anaheim-Storm Drain Master Plan
Project Manager
Time Commitment: 50% ¦ County of Orange-San Diego Creek Master
Plan of Drainage
• SCLA-Storm Drain Master Plan
Tom Ryan, PE 16 M.S., Environmental Civil Engineer, CA, 61701 ¦ City of Buena Park-Storm Drain Master Plan
Hydraulic Analysis and Engineering
Training
B.S., Civil Engineering ¦
City of Yucaipa-Storm Drain Master Plan
Time Commitment: 15% ¦ Midway City Storm Drain Master Plan
Steve Bein, PE, GISP 26 M.S., Civil Engineering/Water Civil Engineer, CA, 43800 ¦ City of Anaheim-Storm Drain Master Plan
Inventory / Mapping and Resources Geographic Information
System Installation and
B.S., Civil Engineering
Systems Professional ¦ City of Buena Park-Storm Drain Master Plan
Training Certificate, Arc/info, ESRI ' City of Yucaipa - Storm Drain Master Plan
Time Commitment: 10% Certificate, ArcView Update and GIS Mapping
Howard Barndt, PE 13 M.S., Civil Engineering (Water Civil Engineer, CA, 65914 ¦ County of Orange - San Diego Creek Master
Hydrology Resources) Plan of Drainage
Time Commitment: 15% B.S., Civil Engineering
¦ City of Yucaipa-Storm Drain Master Plan
¦ March Joint Powers Authority - Drainage
Master Plan
Mujahid Chandoo, PE 5 B.S., Civil Engineering Civil Engineer, CA, 76633 ¦ City of Anaheim-Storm Drain Master Plan
Inventory / Mapping and
Hydrology ¦ County of Orange - San Diego Creek Master
o
Time Commitment: 70% Plan of Drainage
9e
¦ City of Buena Park-Storm Drain Master Plan
• City of Yucaipa-Storm Drain Master Plan
Mike Dole, PE 6 B.S., BioResource and Civil Engineer, CA, 74845 ¦ City of Anaheim-Storm Drain Master Plan
Hydraulic Analysis Agricultural Engineering -
Time Commitment: 60% Water • City of Buena Park-Storm Drain Master Plan
• SCLA-Storm Drain Master Plan
Tim Mull, PE, LEED AP 10 M.S., Civil Engineering Civil Engineer, CA, 72992 ¦ City of Anaheim-Storm Drain Master Plan
Report / C I P B.S., Civil Engineering Leadership in Energy and
Time Commitment: 59% Environmental Design ¦ County of Orange - San Diego Creek Master
Accredited Professional Plan of Drainage
(LEED AP) • City of Buena Park-Storm Drain Master Plan
¦ City of Yucaipa-Storm Drain Master Plan
9
20C-21
Implementation Plan
Work Flan
RBF's experience in storm drain and drainage master plans in Orange County has allowed us to develop a scope of
work that is flexible to meet each municipality's needs. The work plan includes a kick-off meeting and monthly
meetings for the remainder of the project which allows for routine coordination and feeback between team
members.
A few key elements of our work plan are highlighted below.
After reviewing the City's RFP, we identified the selection of the appropriate hydrology model as a key element of
a successful Storm Drain Master Plan for the City. Based on our experience and the City's desire to utilize the
CivilStorm program for both hydrology and hydraulics modeling, we have included Task 2.1. Since the CivilStorm
program does not directly include the County's hydrology method, this task will determine the best hydrologic
model which will meet the master planning goals of the City, and supports Orange County Hydrology procedures,
and is compatible with CivilStorm.
Also, in order to take full advantage of CivilStorm's hydrodynamic modeling, a pipe network which includes both
vertical and horizontal data needs to be developed. Based on information from the City, the GIS and Microstation
base files include horizontal alignment, size and facility type up to 1994, including as-built indexing (where as-builts
were available). Task 5.2 includes time to build the vertical component of the storm drain data needed to run the
Civil Storm model.
TASK 1- INVENTORY
Task 1.1 Review and Compile Existing Watershed and
Drainage Facility Data
RBF will provide services to research, collect and review
existing background data. Data collection includes existing
City GIS drainage and watershed maps, utility index map,
soils data, "as-built" construction drawings for the local
storm drain facilities, existing hydraulic and master plans of
drainage, previous project reports, proposed development
tentative maps or hydrology studies, EIR's, floodplain
mapping, Army Corps of Engineers' reports, proposed
development plans. In addition, a field reconnaissance
investigation of the project study watershed area will be
performed. The field investigation will include a verification
of the watershed conditions and accuracy of the existing improvement plans. Field reconnaissance of the project
site and the immediate adjacent conditions of the surrounding watershed will assess flow restrictions and general
surface flow patterns. Collection of available information from the City / County regarding the floodplain,
including channel improvement plans, adjacent development or improvements, right-of-way, rainfall data,
floodplain delineation, maintenance information, flood damage surveys, FEMA studies, topographic data, utility
information, property ownership, and geotechnical data. A field review with ground photo inventory and analysis
will be included in the final report of critical areas of interest or locations of severe flooding. RBF will coordinate
with Orange County Flood Control District (OCFCD) to obtain downstream water surface control elevations for city
storm drains which connect to OCFCD facilities.
Deliverables (to be included as an appendix to the main report):
1. Inventory Log of all data collected
21
20C-22
Task 1.2 Identification of Existing Initial Needs Assessment
RBF will prepare a qualitative assessment of the drainage constraints and conditions based upon existing data of
the watershed and historical flooding problems for this area. Existing conditions and current design criteria will be
evaluated to formulate initial assessment of the drainage needs. RBF will identify and summarize critical drainage
related problems, including existing flood hazard zones and published floodplain and will identify existing physical
or regulatory constraints based upon the baseline information researched for the watershed.
Deliverables:
1. Need Assessment Memo
Task 1.3 Establish Engineering Design Criteria
RBF will provide preliminary engineering services to establish the design criteria for hydraulic and hydrologic
design requirements prior to initiating the preliminary design process. The necessary planning criteria and
standards will be established to ensure that the required level of flood protection is provided to meet the various
jurisdictional agency requirements, and are in conformance with the City's criteria. This work item will include
establishment of the following critical design features:
¦ Hydraulic controls
¦ Street inlet requirements
¦ Outlet requirements
¦ Local drainage system hydraulic modeling
¦ Review of master plan design assumptions
¦ Distribution of flows to the proposed storm drain and street section
¦ Critical design water surfaces (committed elevations)
¦ Allowable street flooding and storage
¦ Deficiency upgrade requirements
¦ Allowable design deviations (i.e., min. Flood protection levels)
A memo summarizing the recommended design criteria and guidelines will be prepared for review. This document
will serve as a reference framework to base decisions as work progresses and unique opportunities are
encountered.
Deliverables:
1. Design Critieria Memo
Task 1.4 Field Facility Inventory
RBF will perform an "above-ground" field review and inspection of the main existing storm drain facilities. This
inventory will include the facilities that have been constructed since the previous storm drain masterplan (1994)
and GIS mapping and the existing facilities on the index map. The investigation will provide verification of the
facility information in comparison to the plan data, and augment data gaps where possible. The inspection will
include limited field measurements, if possible, for depth of pipe, pipe size, and pipe condition (if visible). Field
inventory information will be recorded and provided to the City for inclusion into the City database. Task excludes
field survey of existing facilities constructed since 1994.
Deliverables:
1. GIS database updated with new storm drain data (completed since 1994)
22
20C-23
2. Field reconnaissance photo log
3. Documentation of County downstream water surface elevations
TASK 2 - HYDROLOGY
Task 2.1 Hydrology Model Evaluation
CivilStorm does not inlcude Orange County Hydrology Methods, therefore, in order to utilize the full hydrodynamic
CivilStorm hydraulic model and conform with the County of Orange Hydrology Manual, this will task evaluate
hydrology models for inclusion into the CivilStorm hydrodynamic model. RBF, in coordination with the City, will
evaluate the following hydrology models for possible inclusion in the master plan: CivilStorm, HEC-WMS, and AES.
The models will be evaluated for the following criteria: capability to calculate Orange County Hydrology based on
the Orange County Hydrology Manual, ease of use for the City, and integration with the CivilStorm hydrodynamic
model.
Deliverables:
1. Hydrology Model Evaluation Memo
Task 2.2 Delineate Existing Watershed Characteristics
Using the established Drainage Basins within the existing City of Santa Ana Updated Master Plan of Drainage by
Boyle Engineering Corporation, RBF will update boundaries based on field investigations (Task 1.1) and identify
modifications for facilities constructed after 1994 (Task 1.4). Boundaries for the drainage areas have been
provided by the City and will be used to determine the minimum critical hydrologic concentration points. The
points will be used to assist in the development of the watershed model and analysis requirements for the
hydraulic design. Watershed maps, depicting the 7 regional drainage area watersheds, will be developed to
document the mapping for the proposed hydrologic modeling. The watershed maps will determine the average
characteristic parameters associated with the modified or updated watershed subareas that are necessary for the
application of hydrologic analysis. We will obtain and review available data for parameter estimation in the
precipitation-runoff model including infiltration, vegetation cover, impervious cover (from City provided GIS
landuse files), hydrologic soils data, and watershed hydraulic efficiency.
Deliverables:
1. Seven Watershed Maps 1"=500' scale
Task 2.3 Hydrology Analysis
RBF will prepare a hydrology analysis for the watershed to quantitatively estimate the "ultimate" land use
watershed condition surface runoff flowrates and volumes for the 2-,5-, 10-, 25-, and 100-year storm return
periods based upon full conveyance of the drainage systems for all storm events. The analysis will include both
rational method (used for time of concentration calculations) and hydrograph methods (used for peak flow and
volume calculations). The hydrology models will be used to develop a link-node model for critical concentration
points previously identified in Task 2.2. Flowrates and volumes developed will be limited in minimum tributary
drainage area size to the masterplan or primary backbone facility systems only (i.e. flowrates will not be calculated
for each individual surface inlet). Hydrology calculations will be completed in accordance with the City hydrologic
criteria and the Orange County Hydrology Manual.
Deliverables:
1. Hydrology Flowrates, Volumes, and Tc in tables for the 2-, 5-, 10-, 25-, and 100-year storms for use in
CivilStorm hydraulics analysis.
TASK 3 - HYDRAULIC ANALYSIS
Task 3.1 Existing Municipal Storm Drain - Hydraulic Model Preparation
RBF will develop a hydraulic model of the existing City backbone storm drain system. The hydraulic analysis will
be based upon evaluation of the hydraulic grade line, rather than "normal depth" calculations (used in the 1994
Master Master Plan). Hydraulic grade line (HGL) calculations will be performed utilizing the dynamic hydraulic
PON- 23
20C-24
modeling program CivilStorm. The hydraulic model developed as part of this task will provide the baseline model
to identify system deficiencies and to test the modification alternatives of the recommended storm drain
improvements. The storm drain water surface profile models will only be generated for the main "collector" or
"trunk" storm drain lines (storm drain lines of 36" and larger, estimated to be 42 miles from current County data),
and the private or local facilities outside of public right-of-way intercepting the lot/building surface drainage will
not be analyzed. The water surface data and hydraulic information will be summarized in tabular format for each
reach or element of the facility to allow easy use and review.
Deliverables:
1. Hydraulic Network in CivilStorm
Task 3.2 Existing Municipal Storm Drain - Capacity Analysis, Hydraulic Deficiency Identification, Flooded Width
Calculation
The hydraulic models generated for the "existing" mainline storm drain systems will be analyzed in a sensitivity
analysis to determine the maximum hydraulic "capacity" of the system. The maximum allowable hydraulic
capacity will be defined as the highest elevation of the hydraulic grade line below the street that allows the surface
inlets to function. A sensitivity analysis will be performed by factoring the "design" discharges to a lower amount
until the storm drain operates without causing flooding of surface inlets. The hydraulic model will also more
accurately quantify with a numerical amount the amount of hydraulic conveyance that the existing system is
deficient. The hydraulic capacity will be converted to "level of flood protection" numerical value through a ratio of
the capacity flowrate to the estimated 100-year ultimate flowrate.
As part of the CivilStorm modeling results, RBF will evaluate where street flooded width calculations, based on
gutter flow, at critical street locations. The calculations will be conducted to ensure conformance with City
drainage design criteria. The street flooded width analysis will be based on normal depth calculations and using
City of Santa Ana standard street sections. The street flooded width calculations will be used to identify locations
that do not meet City critical and may require additional underground storm drain improvements.
Deliverables (Tables summarizing):
1. Capacity Analysis
2. Flooded Width Analysis
Task 3.3 Deficiency Removal and Alternatives Formulation / Feasibility Analysis /CIP
RBF will develop preliminary alternatives formulation for removal of hydraulic deficiencies within the existing
"mainline" storm drain improvements. The conceptual assessment will focus on either utilizing (1) increasing the
hydraulic capacity through enlarged drainage facilities or new parallel system adjacent to existing facilities, (2)
diversion system, or (3) detention storage for flow reduction and water quality benefits. The overall watershed
system will be divided into study reaches for refined analysis on a reach-by-reach basis (within the predefined
Drainage Areas). A list of potential design options will be identified which meet the primary flood protection
objectives and major constraints associated with the alternatives will be discussed. A feasibility analysis will be
performed to screen the alternatives and develop the recommended alternative based on selection criteria,
including least costs and minimize public impacts.
Deliverables:
1. A technical memorandum will be prepared that summarizes the results of the alternatives analysis. The
memorandum will serve to reference the methodology, design assumptions, guidelines, and criteria
developed for the identification and evaluations of the drainage alternatives. The text of the document
will be prepared on MS Word.
Task 3.4 Drainage Improvement Facility Sizing and Alignment
Utilizing the results of Task 3.3, RBF will determine the proposed increased pipe sizing based upon the
hydrodynamic hydraulic analysis. Preliminary horizontal and vertical alignments will be developed for the
24
20C-25
recommended facilities. The lengths and elevation data will be used for detailed hydraulic analysis and cost
estimating purposes. Recommended drainage improvements to remove hydraulic deficiencies of the municipal
storm drain systems will be analyzed in CivilStorm, developed in the previous tasks to verify operation. The precise
sizing of the modifications to the existing storm drain sizes will be adjusted using the water surface profile model
to optimize the performance of the system.
Deliverables:
1. Proposed Improvements Maps (1"=1000' scale)
Task 3.5 Preliminary Drainage Facilities Quantity and Construction Cost Estimate
Preliminary construction quantity estimates will be performed for the identified feasible drainage alternatives. A
preliminary estimated cost of construction will be generated from the quantity estimate using approved unit costs
from the City. Unit costs will be based upon the most current cost information for recent similar projects in the
area compiled by RBF and approved by the City. The total project costs for each alternative will then be estimated
which include line items for project design, survey, geotechnical, administration and construction support. In
addition, intangible costs for alternative systems will be investigated, such as environmental mitigation, if these
are determined to be critical for a particular system. Major physical constraints will be included in the estimate
such as (1) land acquisition, (2) street paving and traffic control, and (3) utility relocation or protection.
Deliverables:
Quantity and Cost Estimate Tables
TASK 4 - MAPPING
Task 4.1 Update Drainage Facility Database
RBF will deliver updated ESRI map files (.mxd) for the ESRI ARCGIS Geodatabase of the existing drainage facilities
within the project limits based upon previous GIS database, utility inventories, as-built drawings obtained from the
City, and a reasonable number of field verifications. The information from existing documentation will be field
verified by observation only or aerial photographs. Facility inventory will also include existing facilities by other
agencies, i.e. Caltrans. The data accumulated will include size, material and age of the drainage facility. All
reference drawings will be obtained by RBF from the City, County, and Caltrans. Due to the unknown nature of
this work, a budget estimate of 90 hours is included in this proposal.
Deliverables:
1. ESRI map files with updated data
Task 4.2 Background Information Input
RBF will upload the existing background data available from the City and County. Data will include a rectified aerial
photograph, City and County storm drain data, and land use data. This task includes updating the existing
horizontal alignment to include a full vertical network for use in the CivilStorm hydrodynamic model (Task 3.1).
Because the extent of the effort to build the network is unknown at this time, a budget of 180 hours has been
reserved for this task.
Deliverables:
1. Base Mapping Data to be used in Report Exhibits
2. Pipe network vertical data input into CivilStorm
25
r 20C-26
Task 4.3 Atlas Map Creation
RBF will create electronic (PDF) Atlas Maps for the City utilizing ArcGIS or Microstation. For cost estimating
purposes, the atlas maps are assumed to be 17x22 maps at 1"=200' scale for the entire 27 square miles city area.
A draft of the atlas maps will be provided to the City for review prior to finalizing the Atlas maps for the whole city
(approximately 67 sheets). The atlas maps will include industry standard symbolization; attribute labels and
features the City determines necessary as part of an annotation feature class suitable for 17x22-inch mapping.
Atlas maps are assumed to be Black and white for ease of plotting and reduced costs to the City for future
reproduction.
Deliverables:
1. Altas maps at 1"= 200'
TASK 5 Report
Task 5.1 Draft Report - Storm Drain Master Plan Document
RBF will provide engineering services for the compilation of a new Storm Drain Master Plan to support the
proposed hydrology and hydraulic analysis and recommended drainage facilities. The written report will serve as
the technical documentation for the preliminary engineering design and selection of the recommended watershed
improvements. This report will include the background for the watershed investigation, hydrologic modeling,
hydraulics analysis, alternatives analysis, storm drain design and sizing, and flood protection requirements. This
document will serve to reference the design assumptions, guidelines, and criteria developed for the project. The
text of the document will be prepared in MS Word.
The draft Report will also serve as the initial engineering submittal package for the facility for review by the City.
The engineering analysis and associated documentation will include (1) hydrology analysis, (2) watershed
evaluation (3) existing systems hydraulic capacity, (4) facility design considerations, (5) required systems
hydraulics, (6) feasibility alternative investigation and design selection matrix, and (7) facility construction costs.
The report will be prepared in a format agreed to by the City.
Deliverables:
1. One (1) PDF, and three (3) hard copies will be provided of Draft Report.
Task 5.2 Final Report - Storm Drain Master Plan
A final report will be prepared which incorporates comments and modifications from the draft review by the City.
Deliverables:
1. Twenty (20) copies of the final main report will be provided to the City,
2. Three (3) copies of the Appendix.
3. Copies of all files will also be provided on a CD.
Task 5.3 Final Drainage Exhibits / Maps
Provide engineering services to generate the final drainage map exhibits associated with the master plan of
drainage. These drainage exhibits will consist of the following:
¦ Drainage Index Map (Drainage Basins)
• Watershed Hydrology Map (Basins and Drainage Districts)
The hydrology maps will be prepared on the developed base sheets, modifying the existing drainage and will
include the hydrologic concentration points or nodes clearly identified and the associated design discharge.
Facility maps will indicate the recommended sizes and lengths for the backbone infrastructure. The drainage index
map will be prepared at a suitable scale for use by City.
26
20C-27
Deliverable:
1. An electronic copy of all maps will be provided in GIS or Microstation format.
Task 5.4 Project Review Meetings and Coordination
RBF will attend meetings and provide consulting services with the City and other agencies as directed by the City
during each of the master plan. RBF participate in an initial kick off meeting. RBF will attend monthly progress
meetings with the City and prepare meeting agendas and minutes for the meeting. The purpose of the meetings
will be to review the progress of work and provide direction regarding the development of the MPD. This task also
includes overall project management and development of schedule for the study.
Deliverable:
1. Meeting agendas
2. Meeting minutes
3. Project Schedule
Task 5.5 Quality Control and Quality Assurance
RBF shall prepare and implement a quality control program for the duration of the project. The program will
document the responsibilities and processes used to ensure a quality project is provided to the City. This task shall
include the preparation of a project specific plan, oversight by the QA/QC manager, and the independent technical
reviews prior to project submittals.
Deliverable:
1. QA/QC Plan
TASK 6 System Installation and Training
RBF will train City staff in the use of the hydrology and hydraulics programs (CivilStorm). The training will include:
¦ An overview of the CivilStorm application
¦ Transferring the hydrology data into CivilStorm
¦ Performing hydrology/hydraulic analysis using CivilStorm
¦ Utilizing the master plan data to complete specific detailed storm drain design
The training will be conducted at City Hall with City furnished equipment. For budgeting purposes, the assumed
training hours are 60 in conformance with the RFP.
Deliverable:
1. Training at City Hall
Exclusions:
1. Purchase of CivilStorm software for the city
2. Field Survey of facilities
Schedule
RBF's schedule is provided on the following page and highlights major milestones anticipated for the project.
ff2cmu
27
20C-28
IC I
I
o ? I
N - I
M I
?
d I
M
? I
I
I
I ?
M
' I
I C
N
?
M
O ? I
N
- I
d
M
Q
M I
I C
? O
N
M
O
M E E
C C
d d
N
?
O W W
LL
M I
I
r
C
?
N
as ?a a ? '
L ? I
?
Q ?
N
I ?
(0
o? E
N N- I E
(? o 'o Z w'
N N N N N N N M M M M M M M M M M M M M M M M M M 2
I
l0 V Ol m 'f0 10 OI O (O O O N 7 101 OD N '? '1D 'OD m N '(O (O (O O '7 n a
*J
? L
y N .- ?.N Ih ?.M M N N O 4` N? r'.N N
{??
/R C N N (V (V (V (V 10 C f0 f0 N f0 CO (O 1? r aD a0 m
•O
% Q
Z N N N N N N
N N M M.M M M M MAN M.M N M M N N
.MI
_
?
?
-
e/ M r r n A izz t0 O Yf ?
(] O Z? A Z6 "?5 wl i N N M (") Z
6 Z6
V N N
M M N
.- n N N
N r N M N
L v ?
O
' m W
O a
N N N t? N N t7` N C ?[l {V N (O n r
N
Cl)
o
T
3 m m m m 3 m 3Y 3Y m m 3 o o m
' a
"O U
a
a
a
a
E E V -
9 .O
? N
N N
?0
?
M M N
M N N
N M N
N M N N M O ?'b 'N
?O ill N
f0
Q ^ r m
fV ? N N
Yf N 01 Ol I
C
y O
C
O
2 N
a
c 01
D " E
T = U
,
C lp W
4
O .?? T U
? CO
N N O
d y W ?
O
E
T
C
0
7
5
. 1
)
w '? U
N
O
« U
D a a c c
?
I
(0 N? l0 S U j N J N O ?
? ?-
.
N
o rn
m z 6
U in d no
? C C C T N C U N C
a
m
F (n
m N m
Gl - N
d '. a 'O Q C
a C, ?
co,
C
oc E
4
Q (p
y c
y
g m H
w .
`
?
x ao
m EE 'o W IT. Vic.
O? O N O O (0
C
N N U °
d
N
1E Z
w.m m o-)
E W ?.> d.?-, a n i
m
a
I o o cc y w (a u? E o m _.m m 3 0 ml
2
Q a E E
'
m
10
2
?
?
.
r r
i
m'o 6
'.w
E
> c
o w i.
T
?
. O
l N C d C
N N N G OI .
N? S (0 v N d' U
m a a mm al m ??.?? Tr?'.EI
,W Q o,
c
?
.
C « U C ._ M
?? N C C O N C y
r 'm N N 0 Ol >
?
O
d
?
.: N
.
lp
X X cm
o 8W ia_ °x'.?x 3ww??CE
c?m¢°o ao E.(n
?N
C N M V N M N M V 0 C..- N M€ '> N M? LO d
'
Ul j r r r
O N (V (V 'O C'1 (h (M co M O..Q -Z V O Vl N ui U) N N to
CYYYY=y!y N=YYYY N:?YY Yy
?
.YYY yY O M N
?
O
Y
y y
N
Y 1- H H H x~ :F- f- Y H F F H H H F- H Y F U H F- F H y F
y y y a b y t
J
Ul m
.O N
Z
20C-29
EXHIBIT B
COST PROPOSAL
20C-30
EXHIBIT B
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR STORM DRAIN MASTER PLAN SERVICES
PROPOSERS CERTIFICATION AND COST PROPOSAL
Certification - I certifiy that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope
of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact
work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the
submission of my proposal.
Cost Proposal - Use the form below for the Cost Proposal
COST PROPOSAL
Storm Drain Master Plan
SUMMARY BY FIRM
Total
Hours
Cost Other
Direct
Cost
Total
Cost
Company
Category Project
Director Project
Manager Sr.
Engr. Proj.
Engr. Design
Engr.
Intern Field
Survey GIs
Analyst Graphic
Artist
$
$
$
R8FConsulting rate -> $ 200 $ 160 $ 150 $ 126 $ 108 $ 50 $ 245 $ 108 $ 88 2872 $ 349,692 $ 10,000 $ 359,692
Subconsultant NIA
type
TOTAL
$ 359,692
SUMMARY BY TASK
Other
TASK f MANHOURS Total Direct Total
Description Hours Cost Cost Cost
PHASEI
Project Project Sr. Proj. Design Field GIs Graphic
Director Manager Engr. Engr. Engr• Intern Survey Analyst Artist i s $ $
Task 1
Inventory RBF Consulting 11 20 18 16 48 20 133 $ 16,300 $ 16,300
as
Hydrology Analysis RBF Consulting 8 26 58 160 494 40 786 $ 92,292 $ 92,292
as
Hydraulic Analysis REIF Consulting 13 76 192 160 720 1161 $ 141,480 $ 141,480
as
Mapping RBF Consulting 11 22 100 60 208 401 $ 41,984 $ 41,984
as
Storm Drain Master
Plan Document RBF Consulting 33 118 56 68 30 18, 8 331 $ 48,336 $ 48,336
as
System Installation 8
Training RBF Consulting 6 54 60 $ 9,300 $ 9,300
ODC
Printing and Delivery
costs 0 $ 10,000 $ 10,000
TOTAL
$ 359,692
Storr}I'?I? *-* In RFP
RBF Consulting
(949) 472-3505 Fax (949) 472-8373
LEGAL NAME OF COMPANY
PHONE AND FAX NUMBERS
14725 Alton Parkway, Irvine, CA 92619-7057
BUSINESS ADDRESS
John McCarthy, P.E., CFM Vice President, Stormwater Management
PRINTED NAME OF AUTH RIZED
12/19/12
TITLE
SIGIVATURE OF AUTHORIZED AGENT 1 DATE
95-2247293
rbf.com
E-MAIL ADDRESS
FEDERAL ID NUMBER (IF APPLICABLE)
CONTRACTOR LICENSE NUMBER (IF APPLICABLE)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE
Sta V V .32er Plan
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE
AGREEMENTS WITH SIERRA PACIFIC
ELECTRICAL CONTRACTING 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 1s' Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. 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:
a) Sierra Pacific Electrical Contracting to provide and install 1,123 LED street lights for an
amount not to exceed $700,000 (Exhibit 1).
b) Southern California Edison to provide no-cost funding through On-Bill Financing for the LED
street lights (Exhibit 2).
2. Approve an appropriation adjustment recognizing $693,027 in funding from Southern California
Edison into the Energy Conservation revenue account (16217002-57384) and appropriating
the same amount to the Energy Conservation expenditure account (16217630-62300) for the
installation of LED street lights.
DISCUSSION
In August 2011, the City Council awarded a pilot contract to install 253 energy-efficient LED street
lights on Main Street and Edinger Avenue, in an effort to reduce street light energy costs. That
project has proven to be successful, as evidenced by a 50 percent energy savings this past year.
As a result, staff has developed a new project involving the replacement of 1,123 City-owned
safety lights with energy-efficient LED lamps at traffic signalized intersections.
Staff investigated financing this project and submitted an application for funding through Southern
California Edison's (SCE) On-Bill Financing (OBF) Program. The OBF program provides zero
percent financing for approved energy-reduction projects. The funds are repaid by the energy
savings on our electric bill over a short payback period. This financing mechanism is being
successfully used on the pilot project with a projected payback of five years. A five-year payback
period is also projected for the new street light project.
20D-1
Agreements with Sierra Pacific Electrical and SCE
to Provide, Install, and Fund LED Street Lights
January 22, 2013
Page 2
This project will replace safety lights at 298 signalized intersections in the city, including several
miscellaneous locations. Due to an internal SCE policy that limits financing to 25 sites per
application, this project has been separated into 10 applications. Consequently, this will require 10
agreements with a combined total not to exceed $700,000 (Exhibit 2).
On September 11, 2012, a Request for Proposals was posted on the City's website:
13 Proposals received
0 Proposals received from Santa Ana vendors*
* LED street lights are a specialized industry. Currently there are no
qualified firms in Santa Ana producing or installing LED street lights.
One of the 13 proposals received was deemed nonresponsive. Nine proposals met the eligibility
criteria for On-Bill Financing; however, one proposer withdrew their proposal based on an inability
to perform. Two lamp fixtures from each of the eight responsive firms were installed and tested by
City staff. The proposal evaluations were based on three factors: the ability of proposed fixtures
to perform as specified (40%); the proposer's experience, ability to perform, and past performance
on similar projects (10%); and the proposal base price (50%). The final ranking is as follows:
Rank Proposer Fixture Final Score
1 Sierra Pacific Leotek 254
2 Aegis Duralight 246
3 Sully-Miller Leotek 235
4 Protech Cree 223
5 Select Cree 221
5 C.P. Engineering Cooper 221
7 P.T.M. General Engineering Cooper 217
8 Siemans Acuity 214
The Leotek Green Cobra fixture proposed by Sierra Pacific Electrical Contracting, the top-rated
firm, produced an average energy savings of 50 percent compared to existing lights. They also
provide more visible light than conventional street lights and are expected to have a useful life of
over 15 years.
SCE originally approved financing for $625,694 through the OBF program; however, the cost of the
successful proposal was $693,027. Based this project cost, the SCE energy efficiency incentive
will be $74,766, with the balance of $600,161 financed through the On-Bill Financing Program.
Because 12 of the sites did not meet SCE funding criteria, they will be funded by the City at a cost
of $18,100. Replacement of the existing high-pressure sodium lamps with energy-efficient LED
street lights will reduce the City's estimated annual energy consumption by 934,572 kWh, and
reduce the impact to the General Fund with an annual energy cost savings of approximately
$120,000.
20D-2
Agreements with Sierra Pacific Electrical and SCE
to Provide, Install, and Fund LED Street Lights
January 22, 2013
Page 3
ENVIRONMENTAL IMPACT
Installation of the LED street lights will reduce the city's carbon footprint by approximately 659
metric tons of CO2, which is the equivalent of removing 137 passenger vehicles from the road.
FISCAL IMPACT
Loan Proceeds received through the SCE On-Bill Financing Program will be deposited into the
Energy Conservation revenue account (16217002-57384) and appropriated into the Energy
Conservation expenditure account (16217630-62300). Loan repayments are available in Account
01117630-62000. Funds for the City's share of $18,000 that does not meet SCE funding criteria
are available in Account 01117630-62300.
APPROVED AS TO FUNDS AND ACCOUNTS:
w
r^-
Raul Godinez II
Executive Director/
Public Works Agency
RG/KW
1
Francisco Gutie
Executive Director/ 00,
Finance & Management Services Agency
Exhibits: 1. Agreement with Sierra Pacific Electrical Contracting
2. On-Bill Financing Agreement with Southern California Edison
3. On-Bill Financing and Incentives Summary
20D-3
20D-4
EXHIBIT 1
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED COBRAHEAD STREETLIGHTS
SAMPLE AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2012 by
, Inc. (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 LED street light manufacturing and installation of LED luminaires.
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:
I.SCOPE OF SERVICES
Contractor shall perform those services as indentified as scope of work in this
Agreement.
ILCOMPENSATION
A. The City agrees to pay, and Contractor agrees to accept as total payment for its
services, the rates and charges identified in scope of work and contract pricing. The
total sum to be expended under this Agreement shall not exceed $ during the
term of this Agreement.
B. Payment by City shall be made within sixty (60) days following receipt of
payment from investor owned utility financing, 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.
III.TERM
This Agreement shall commence on the date first written above. The contractor shall
20D-5
deliver and install all items under this contract within a period of three (3) months from
this date unless terminated earlier in accordance with Section XII.
IV.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 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.
V.INSURANCE
Prior to undertaking performance of work under this Agreement, contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
A. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and
employees as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting there
from and damage to property, resulting from any act or without limitation, act 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 One Million Dollars ($1,000,000.00) per
occurrence. Contractor shall supply City with fully executed additional insured
endorsement in substantially the form attached hereto as Exhibit B upon execution of
this Agreement and shall be approved in form by the City Attorney.
B. Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than 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:
20D-6
1. Contractor shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
2. Certificates of Insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
3. 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.
VI.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 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 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.
VII.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
20D-7
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.
VIII.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.
IX.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 the 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
And:
City Attorney
City of Santa Ana
P.O. Box 1988 M-29
Santa Ana, CA 92702
Fax (714) 647-6515
Contractor
X.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
20D-8
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, that terms
and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to
this Agreement acknowledges that no representatives, 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.
XI.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.
XII.TERMINATION
This Agreement may not 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 products 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.
XIII.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.
XIV.JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the
State of California. This Agreement has been executed and delivered in the State of
California and the validity, interpretation, performance, and enforcement of any of the
clauses of this Agreement shall be determined and governed by the laws of the State of
20D-9
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.
XV.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 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 their inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination
of this Agreement.
XVI.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.
XVILFAILURE TO PERFORM SATISFACTORILY
A. It is agreed and understood that in the short run, 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 the Contractor performs the work in such a manner that the amount of payment
withheld due to substandard performance, nonperformance and forfeiture for
noncompletion per schedule totals five (5) percent of the total contract price, the City will
put the Contractor under notice of 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 forfeiture for noncompletion per
schedule totals ten (10) percent of the total contract price, the contract is subject to
cancellation at the City's option. In the event of cancellation for unsatisfactory
performance, the original Contractor shall reimburse the City for damage accrued by
changing contractors.
XVIII.SAFETY REQUIREMENTS
All work performed under this contract shall be performed in 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.
XIX.HAZARDOUS CONDITIONS
20D-10
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.
XX.UTILITIES
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.
XXI.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.
XXII.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.
XXIII.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.
XXIV.MISCELLANEOUS TRAFFIC DEVICES
Contractor shall provide all traffic control and miscellaneous traffic devices as may be
required for routine and/or extraordinary maintenance of this contract.
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 Public Works Agency.
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.
XXV.WORK BY CITY FORCES BECAUSE OF NONCONFORMANCE TO CONTRACT
Should the Contractor fail to correct deficiencies or public nuisances that have been created
20D-11
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.
XXVI.PAYMENT
The Contractor will be paid after completion of the project, upon approval and payment to
the City by Southern California Edison. 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.
XXVII.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.
XXVIII.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 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.
XXIX.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.
H
20D-12
H
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
ATTEST:
Maria H. Huizar
Clerk of the Council
CITY OF SANTA ANA
Paul Walters
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Deputy City Attorney
RECOMMENDED FOR APPROVAL: CONTRACTOR
Raul Godinez II
Executive Director,
Public Works Agency
(Name)
(Title)
20D-13
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR LED COBRAHEAD STREETLIGHTS
SCOPE OF SERVICES
1. DESCRIPTION AND SCOPE OF WORK
The City of Santa Ana is issuing this Request for Proposals (RFP) for LED
COBRAHEAD STREETLIGHTS. This RFP calls for: removal and disposal of existing
luminaires; furnishing and installing new LED luminaires; all testing, including
photometric and energy consumption, to prove that furnished luminaires perform as
specified.
A. IMPLEMENTATION
1. City staff shall have the right to modify, reduce, or delete the services as
needed by City.
2. The term of the contract shall be for one (1) year which shall commence
on the date that City Council approves the award or the date that all
required bonds and insurance have been approved by the City Attorney,
whichever occurs last.
II. DEFINITIONS
III. TERMS AND CONDITIONS
A. TERM
The term of this contract shall commence the date of City Council award and
approval of all insurance and bonds, and terminate one year from that date,
unless earlier terminated as set forth in Section H, below.
B. COMPENSATION
City agrees to pay and contractor agrees to accept as total payment for
its services, the prices set forth in contractor's proposal, attached hereto
and incorporated by reference.
2. Invoices
a. The contractor shall submit a monthly invoice upon completion of the
project to the City.
b. All invoices for work performed under this contract shall be submitted
in a format approved by the City. Invoices shall include the following
information at a minimum:
i. Contractor's invoice number
ii. Beginning and ending dates for services
20D-14
iii. City project number and/or name (if applicable)
iv. Work site address/location (if applicable)
V. Unit cost, subtotals and total for invoice
3. Extra Work
No new work of any kind shall be considered an extra unless a separate
estimate is given for said work and the estimate is approved by the City in
writing before the work is commenced. The contractor will be required to
provide detailed information of such extra work. Documentation of
contract compliance may be required on some occasions. Work
performed prior to obtaining written approval of the City shall not be
included within the Scope of Work and may not be paid.
4. Payment
Payment by City shall be made within sixty (60) days following receipt of
payment from investor owned utility financing, 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.
C. INDEPENDENT CONTRACTOR
Contractor shall during the entire term of this contract, be construed to be an
independent contractor and not an employee of the City. This contract 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 manner in which contractor performs the services required by this contract.
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.
D. INSURANCE
Prior to undertaking performance of work under this contract, contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below:
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:
20D-15
single limit coverage applying to bodily and personal injury, including
death resulting therefrom, and property damage, in the total amount of
One Million Dollars ($1,000,000) per occurrence, Two Million Dollars
($2,000,000) in the aggregate. Such insurance shall (a) name the City,
its officers, employees, agents, volunteers, and representatives as
additional insured(s); (b) be primary and not contributory with respect to
insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions. A sample additional
insured endorsement is attached hereto as Exhibit H.
2. Business automobile liability insurance, or equivalent form, with a
combined single limit of not less than One Million Dollars ($1,000,000) per
occurrence. Such insurance shall include coverage for owned, hired and
non-owned automobiles.
3. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, contractor is required to be insured
against liability for Workers' Compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this contract,
contractor agrees to obtain and maintain any employer's liability
insurance with limits not less than One Million Dollars ($1,000,000) per
accident.
4. 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) per
claim.
5. The following requirements apply to the insurance to be provided by
contractor pursuant to this section:
a. Contractor shall maintain all insurance required above in full force
and effect for the entire period covered by this agreement.
b. Certificates of insurance shall be furnished to the City upon
execution of this contract and shall be approved in form by the
City Attorney.
Certificates and policies shall state that the policies shall not be
canceled or reduced in coverage or changed in any other material
aspect without thirty (30) days prior written notice to the City.
6. 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
contract. Such termination shall not affect contractor's right to be paid for
its time and materials expended prior to notification of termination.
Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance
by the City.
20D-16
E. HOLD HARMLESS/ INDEMNIFICATION
To the fullest extent permitted by law, contractor shall indemnify, defend and hold
harmless City, its officers, agents and employees (collectively, the "indemnified
parties") from and against any and all claims (including, without limitation, claims
for bodily injury, death or damage to property), demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities,
costs and expenses (including, without limitation, attorney's fees, disbursements
and court costs) of every kind and nature whatsoever (individually, a claim;
collectively, "claims"), which may arise from or in any manner related (directly or
indirectly) to any work performed or services provided under this contract
(including, without limitation, defects in workmanship and/or materials) or
contractor's presence or activities conducted performing the work (including the
negligent and/or willful acts, errors and/or omissions of contractor, its principals,
officers, agents, employees, vendors, suppliers, contractors, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may
be liable for any or all of them). Notwithstanding the foregoing, nothing herein
shall be construed to require contractor to indemnify the indemnified parties from
any claim arising from the sole negligence or willful misconduct of the
indemnified parties. Nothing in this indemnity shall be construed as authorizing
any award of attorney's fees in any action on or to enforce the terms of this
contract. This indemnity shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the contractor.
F. 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, sent
by telefacsimile communication, or via e-mail to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92701
Fax 714-647-6956
With courtesy copy to: Public Works Agency - Construction Engineering
To Contractor:
20D-17
G. TERMINATION
The City reserves the right to terminate the contract as follows:
In the event contractor fails or refuses to timely perform any of the
provisions of this agreement in the manner required, or if contractor
violates any provision of this agreement, contractor shall be deemed in
default. City shall provide written notice of such default to contractor's
project manager. Contractor shall cure said default within a period of two
(2) working days. If such cure is not completed in a timely manner, City
may assess liquidated damages or terminate the agreement forthwith by
giving written notice to contractor's project manager. City may, in addition
to the other remedies provided in this agreement or authorized by law,
terminate this agreement by giving written notice of termination.
Contractor shall be responsible for all costs incurred by City, including
replacement costs of equipment and labor required to provide service
during contractor's default. In the event of such termination for cause,
City shall pay contractor that portion of compensation specified in the
agreement that is earned and unpaid prior to the effective date of
termination. Contractor shall not be entitled to any compensation for lost
profits it terminated for cause.
2. This agreement may be terminated without cause by City upon thirty (30)
days written notice delivered to the contractor either personally or by mail.
Upon termination, City shall pay to contractor that portion of
compensation specified in the agreement that is earned and unpaid prior
to the effective date of termination.
3. In addition to, or in lieu of, remedies provided in this agreement or
pursuant to law, City shall have the right to withhold all or a portion of
contractor's compensation for contract services if, in the judgment of the
projects manager or designee, the level of service falls below appropriate
standards and/or contractor fails to satisfactorily perform contract
services. City shall have the right to retain funds withheld until the
projects manager or designee determines that contract services are
performed as well and as frequently as required by this agreement.
H. CONTRACTOR OPTION FOR TERMINATION
The contractor may request termination of the contract when conditions during
the contract make it impossible to perform or when prevented from proceeding
with the contract by act of God, by law or official action of a public authority or in
the event on nonpayment by the City. Such request will require one-hundred
eighty (180) days written notice prior to contract termination date requested. In
the event of nonpayment of undisputed sums by the City, contractor shall give
the City thirty (30) working days to cure the alleged breach.
20D-18
I. LIQUIDATED DAMAGES
If the City determines that the contractor breaches its promise to provide services
in compliance with the Terms and Conditions of applicable laws and regulations,
and the specifications set forth above, it would be impracticable and extremely
difficult to determine the damage to City arising from such breach. Therefore, in
the event of contractor's breach, contractor shall pay to City the sum of $500 per
day for such breach, in addition to any cost, fines, etc. levied against the City.
J. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS
Contractor shall solicit and advertise employment opportunities to Santa Ana
residents. The City shall inform the contractor of areas to publicize recruitment
opportunities, such as work centers and community centers. Such effort and
procedure will be provided to the City for review.
K. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Contractor shall perform all requirements under this contract in strict
observance of and in compliance with all applicable environmental, traffic,
safety and any other laws, regulations, ordinances, codes and any other
legislative or statutory requirements.
2. Contractor warrants that the performance of services under this contract
shall be compliant with the current requirements and as they may be
amended or updated throughout the term of this contract.
N. ASSIGNMENT
Inasmuch as this contract 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 City and any such assignment,
transfer, delegation or subcontract without the City's prior written consent shall
be considered null and void.
0. JURISDICTION - VENUE
This contract has been executed and delivered in the State of California and the
validity, interpretation, performance and enforcement of any of the clauses of this
contract 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 contract.
P. FINES
The contractor shall be liable for all violation fines levied against the City by
federal, state, or local agencies with regulatory authority related to contractor
provided services.
20D-19
Q. SCOPE OF WORK
SPECIAL PROVISIONS
The Request for Proposals calls for removal and disposal of existing
luminaires; furnishing and installing new LED street lights and all testing,
including photometric and energy consumption, to prove that furnished
luminaires 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
luminaires. All salvaged luminaires shall be delivered to the City Corporate
Yard at no cost to the City.
FUNCTIONS AND RESPONSIBILITIES
A. DIRECTOR
The Director or his authorized representative 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 Proposer, or if the amount is insufficient to cover payment,
the Proposer 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. PROPOSER
Local Office
The Proposer 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. Proposer will not be allowed to
store equipment or materials at any contracted area.
2. Submittals
The Proposer 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
20D-20
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 Proposer 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-27, a
City of Santa Ana Business License, and a C-10 Electrical License.
5. Work Force
a. The Proposer 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 Proposer shall ensure that all work under this agreement is
performed by fully qualified, experienced personnel, directly employed by the
Proposer 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 Proposer shall be responsible for skills, methods, appearance and
action of Proposer'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 Proposer 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 Proposer shall submit a list to the Director all materials that the
Proposer 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 contract shall be recycled. The Contractor will be
responsible for the disposal of all non-recyclable waste in accordance with all
20D-21
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 Proposer 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.
20D-22
Exhibit 2
On-Bill Financing Agreement
This On-Bill Financing Agreement ("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(s) with SCE for electric service. Customer has completed
installation of eligible 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(s) ("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(s) 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:
First Month Payment
Remaining Monthly Payments:
Service Account to be Billed:
Designated Third-Party Payee (if
an :
Address of Designated Third-
Party
If more than one Service Account will be billed, information regarding the Service Account
number and monthly payment is included in Schedule A attached.
Form 14-792
05/2012
20D-23
Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly
installments as set forth in the section above and/or Schedule A (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(s) for the Service Account(s) 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(s) for Customer's Service Account(s).
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(s) 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(s).
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
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(s), and a default under this OBF
Agreement will be treated as a default under the Customer's Service Account(s). 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(s), 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.
Form 14-792
05/2012
2
20D-24
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 in effect until the Loan
Obligation is paid in full.
Assignment: Notwithstanding anything to the contrary in this OBF 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.
[Remainder of page intentionally left blank]
Form 14-792
05/2012
3
20D-25
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 Company:
Authorized Representative:
Title:
Signature:
Date:
Business Address:
Telephone No.
Fax No.
E-Mail Address:
Form 14-792
0512012
4
20D-26
SCHEDULE A
Customer Name:
OBF Loan Number:
Site Service
Account
Number OBF Billing
Repayment
Service Account
Number 15 Monthly
OBF Loan
Payment Remaining Monthly
OBF Loan Payments
X-XXX-
XXXX-XX X-XXX-XXXX-XX $XX.XX $XXX.XX per month for X months
Total Monthly Repayment $XX.XX $XXX.XX per month
for X months
Form 14-792
05/2012
20D-27
Exhibit 3
LED Streetlight On-Bill Financing (OBF)
Energy Saving Incentives Summary
Total Estimated Annual Energy Savings (kWh)
Total Estimated SCE Energy Savings Incentives
Total Amount Approved by SCE to be Financed with On-Bill Financing (OBF)
Total Project Cost to be Financed by OBF
3nta Ana LED Street Lighting Scope #2 193-12-0500301418 Metered Lights
umber of fixtures 138
Nh Saved 78,451
roject Cost Approved by SCE $88,320
stimated SCE Incentive $6,276
BF Amount Approved by SCE $82,044
3timated payback (years) 4.5
934,572
$74,766
$625,694
$600,161
Ana LED Street Lighting Scope #4 (1 of 9) 198-12-0500262965 Unmetered Lights
Number of fixtures 87
kWh Saved 77,187
Project Cost Approved by SCE $58,240
Estimated SCE Incentive $6,175
OBF Amount Approved by SCE $52,065
Estimated payback (years) 4.5
Ana LED Street Lighting Scope #4 (2 of 9) 193-12-0500254043 Unmetered Lights
Number of fixtures 86
kWh Saved 81,009
Project Cost Approved by SCE $55,040
Estimated SCE Incentive $6,481
OBF Amount Approved by SCE $48,559
Estimated payback (years) 4.5
20D-28
Exhibit 3
LED Streetlight On-Bill Financing (OBF)
Energy Saving Incentives Summary
Santa Ana LED Street Lighting Scope #4 (3 of 9)
Number of fixtures
kWh Saved
Project Cost Approved by SCE
Estimated SCE Incentive
OBF Amount Approved by SCE
Estimated payback (years)
anta Ana LED Street Lighting Scope #4 (4 of 9)
umber of fixtures
Wh Saved
roject Cost Approved by SCE
stimated SCE Incentive
,BF Amount Approved by SCE
stimated payback (years)
anta Ana LED Street Lighting Scope #4 (5 of 9)
umber of fixtures
Nh Saved
roject Cost Approved by SCE
stimated SCE Incentive
BF Amount Approved by SCE
stimated payback (years)
anta Ana LED Street Lighting Scope #4 (6 of 9)
umber of fixtures
Nh Saved
roject Cost Approved by SCE
stimated SCE Incentive
BF Amount Approved by SCE
stimated payback (years)
193-12-0500254042 Unmetered Lights
92
86,734
$58,880
$6,939
$51,941
4.5
193-12-0500255252
Unmetered Lights
168
144,241
$107,520
$11,539
$95,981
4.5
193-12-0500251911
Unmetered Lights
94
86,535
$60,160
$6,923
$53,237
4.5
193-12-0500255099
92
83,997
$58,880
$6,720
$52,160
4.5
20D-29
Unmetered Lights
Exhibit 3
LED Streetlight On-Bill Financing (OBF)
Energy Saving Incentives Summary
anta Ana LED Street Lighting Scope #4 (7 of 9) 193-12-500255299 Unmetered Lights
umber of fixtures 86
Nh Saved 74,521
roject Cost Approved by SCE $55,040
stimated SCE Incentive $5,962
BF Amount Approved by SCE $49,078
stimated payback (years) 4.5
anta Ana LED Street Lighting Scope #4 (8 of 9) 193-12-0500314488 Unmetered Lights
umber of fixtures 98
Nh Saved 83,086
roject Cost Approved by SCE $62,720
stimated SCE Incentive $6,647
,BF Amount Approved by SCE $56,073
stimated payback (years) 4.5
Ana LED Street Lighting Scope #4 (9 of 9) 193-12-0500305654 Unmetered Lights
umber of fixtures
Nh Saved
roject Cost Approved by SCE
stimated SCE Incentive
BF Amount Approved by SCE
stimated payback (years)
160
138,811.00
$95,660
$11,105
$84,555
4.5
20D-30
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
CONTRACT AWARD TO ALL AMERICAN
ASPHALT FOR BRISTOL STREET
WIDENING FROM 2ND TO 10TH STREETS
AND WATER AND SEWER MAIN
IMPROVEMENTS FROM 3RDTO 10TH
STREETS (PROJECT NOS. 081700, 126421
& 126422 )
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1St Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Award a construction contract to the lowest bidder, All American Asphalt, Inc., for the Bristol
Street widening from 2nd to 10th Streets, and for the water and sewer system improvements
from 3rd to 10th Streets, in accordance with their bid in the amount of $6,169,256.
2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of
$7,711,582.
3. Approve an appropriation adjustment accepting Orange County Transportation Authority
Comprehensive Transportation Funding Programs Measure M2 Arterial Capacity
Enhancements allocation in the amount of $3,120,000 into the Measure M Street Construction
revenue account (03217002-52332) and appropriating the same to the Measure M2 Street
Construction expenditure account (03217662-66220). Also, accepting Orange County
Transportation Authority Prop 1 B Bond funding in the amount of $3,120,000 into the Prop 1 B
Bond revenue account (03017002-52363) and appropriating the same to the Prop 1B Bond
expenditure account (03017660-66220), for the Bristol Street Widening Project (No. 08-1700).
DISCUSSION
Bristol Street is a regionally significant north-south corridor which is designated as a major arterial
highway in the City's General Plan Circulation Element. Bristol Street between Warner Avenue
and Memory Lane is a long-term widening project scheduled to be completed in several phases as
funding becomes available. Two phases have already been completed, and it is anticipated that
two more phases, including this one, will be needed to complete the widening. This phase will
widen Bristol Street between 2nd and 10th Streets, as shown in Exhibit 2.
20E-1
Contract Award for Bristol Street Widening
and Bristol Street Water and Sewer Main Improvements
January 22, 2013
Page 2
This project will widen Bristol Street from two to three lanes in each direction, add bike lanes,
increase the sidewalk width, and add parkway and median landscaping. The widening will also
include new traffic signals at the Santa Ana Boulevard and Civic Center Drive intersection, bus
turnouts to improve traffic flow, bioswales to reduce surface run-off, sound walls adjacent to
residential parcels, water and sewer system improvements, and a storm drain to improve drainage.
Once completed, these improvements will enhance the ride quality, surface drainage, and visual
appearance of the Bristol Street corridor.
The Notice Inviting Bids was advertised on October 16 & 17, 2012, and bids were opened on
November 15, 2012. A summary of the bid invitations mailed, bids received, and bid results is as
follows:
Contractor Participation Data
Santa Ana Contractors receiving notices: 22
............. ..... _ ...................... _........................... ..__........... _........................................... ....... ---.......... __._.......... _...................... ................................ _.__....... _................... .._.... -.----._..... ..................._._......
Contractors requesting bidding documents: 34
__ ...................._.._._....................................._............................_..........................._.....__..._.....---............._...................................................--.................-......................._.........................._._......._.........
Bids received: 4
........ ...:........... .......................................................... .................... _._..... _........................ ........ ....... _..._............ _._.............................................. ....... .................... ................. --................. ........................... .......
Bids received from Santa Ana Contractors: 0
Bid Results Summary
RANK BIDDERS NAME LOCATION BID AMOUNT
1
................................................. All American Asphalt, Inc
...._ ........ _............ ............................ _................ ........... -. Corona $6,169,256
2 .
....... . . . .. .... ......................................
.
Lonerock,..._ Inc. ........ _ .. _ . .. _ . - . _ ..... _ .
. . .._ . .. - - ......... ...._............. _............. ........... ... ..._
.....-.--_._...._.-..._......-.......
Laguna Hills
................... _.................. --. ---..... ...... .............. ........ .._._....._...-...._
._......-
$6.643..645
........ ...................... --....._.................._._.....-._.... --._-..--
............
3 ....................
..._RJ...._ Noble Company, Inc.............................
Oran ._e.............................................
....................$6,852,178
4 Excel Paving Company, Inc. Lon Beach $7,482,458
A total of four bids were received and all were deemed responsive. The lowest bid was submitted
by All American Asphalt, Inc., for $6,169,256, which is below the Engineer's estimate of
$6,726,445.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared Environmental Impact
Report/Environmental Impact Assessment EIR No. 89-01 approved by City Council in 1990.
20E-2
Contract Award for Bristol Street Widening
and Bristol Street Water and Sewer Main Improvements
January 22, 2013
Page 3
FISCAL IMPACT
A project cost analysis determined that an estimated $7,403,108 is needed to complete this project
phase. There are sufficient funds available to cover those project costs. The proposed
expenditure accounts include: OCTA Bristol Street Corridor Improvements Fund (Account
05917661-66220, Project No. 08-1700), Measure M2 Street Construction Fund (Account
03217662-66220, Project No. 081700), Prop 1B Bond Fund (Account 03017660-66220, Project
No. 081700), Acquisition & Construction Water Utility Capital Projects Fund (Account 06617647-
66301, Project No. 126421) and Sanitary Sewer Services Fund (Account 05617640-66220, Project
No. 126422).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II
Executive Director
Public Works Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
RGrrC
Exhibits: 1. Cost Analysis
2. Project Location Map
20E-3
20E-4
COST ANALYSIS
PROJECT NOS. 081700, 126421 AND 126422
BRISTOL STREET WIDENING
BRISTOL STREET WATER AND SEWER STSTEM IMPROVEMENTS
Cost Analysis
Construction Contract $6,169,256
Construction Contingencies $6'16,926
Total Construction $6,786,182
Contract Administration $178,500
Inspection and Testing $538,500
Survey Staking $208,400
Total Ancillary $925,400
TOTAL PROJECT DELIVERY COST $7,711,582
Exhibit 1
20E-5
20E-6
K
TENTH STREET x
CIVIC CENTER DR
W
W
CC
cn
SEVEN
SIXTH STREET
FIFTH STREET
SANTA ANA
w
J
a
u
w
0
SANTA ANA
IT [
VV
-
wee i c - A
W
CD
(f)
m
BOULEVARD
THIRD STREET
SECOND STREET.
CONTRACT AWARD TO ALL AMERICAN ASPHALT
FOR THE B11WOL STREET WDENNdCi FROM 2ND ST. TO 10TH ST.
THE WATER AND SEWER MANY U440 E RM FROM 3RD ST TO 10TH ST.
(PR)JECT NOS. 081700. 128421 + 128422)
Exhibit 2
EXHIBIT 1
20E-7
20E-8
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
CONTRACT AWARD TO WEST
COAST SAND AND GRAVEL, INC.
FOR WASH AND FILL SAND
(SPEC. NO. 12-076)
i
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
Award a contract to West Coast Sand and Gravel, Inc. for wash and fill sand for a one-year
period, with provisions for four one-year renewals, in an annual amount not to exceed $50,000.
DISCUSSION
The Public Works Agency performs maintenance and repair on the City's streets. In order to
perform these duties, the agency requires an assortment of road materials including wash and fill
sand. These base materials are used when repairing any asphalted surface. The contract for
wash and fill sand is designed to provide a quality product at significant savings based on
quantity pricing. These base materials are stocked at the City Yard to ensure they are available
when required.
The notice inviting bids was advertised on December 13, and bids were solicited. A summary of
the bid invitations and bids received is as follows:
6 Invitations for Bid Mailed
2 Bids received
Bids were received and opened on January 3, 2013 and evaluated. The bid received from West
Coast Sand and Gravel, Inc. is responsive to specification and meets the City's requirements.
The annual amount is based on staff's projection for the next year.
22A-1
Contract for Wash and Fill Sand
January 22, 2013
Page 2
FISCAL IMPACT
Funds are available in the Public Works Sanitary Sewer Service account (no. 05617640-63001).
APPROVED AS TO FUNDS AND ACCOUNT:
Raul Godinez II
Executive Director
Public Works Agency
Francisco Gutierrez Af?
Executive Director
Finance and Management Services Agency
22A-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2012
TITLE:
CONTRACT RENEWAL WITH BADGER
METER, INC. FOR COLD WATER METERS
(SPEC. NOS. 09-001 & 09-035)
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
Renew the contract with Badger Meter, Inc. for the purchase of cold water meters and
miscellaneous supplies for a one-year period in an amount not to exceed $300,000.
DISCUSSION
The Public Works Agency Water Resources regularly performs installation, maintenance, and
replacement of residential and commercial water meters. The three types of meters used by the
City are positive displacement, multi-jet and turbine meters. Positive displacement meters are
used primarily for residential applications. Multi-jet meters are used for multi-family residents,
irrigation and commercial applications. Turbine meters are used for high volume water users,
including industrials, commercial, irrigation and large multi-family residential applications.
There are approximately 45,000 metered service locations in the City. Typically, a water meter is
replaced every 15 years. 2,300 meters were replaced during the previous contract period. The
Water Resource crews are expected to replace between 2,500 to 3,000 water meters during the
upcoming contract period. The meters are purchased through the Central Stores warehouse for
distribution to the Public Works Agency as needed.
On March 2, 2009 the City awarded Badger Meter, Inc. a contract for positive displacement meters
and on August 3, 2009 additionally warded to Badger Meters, Inc. a contract for multi jet and
turbine cold water meters for a one-year period with four one-year renewal options. The vendor
has performed satisfactorily during the past contract period and has agreed to renew the contract
without an increasing in pricing. Staff recommends the third renewal of the contract.
22B-1
Contract for Cold Water Meters
January 22, 2013
Page 2
FISCAL IMPACT
Funds are available in the Water Utility System Maintenance and Water Quality & Measurement
accounts (06017641-63001 and 06017644-63001).
APPROVED AS TO FUNDS AND ACCOUNT:
I
J
Rau Godinez II
Executive Director
Public Works Agency
Sp
Francisco Gutierrez,
Executive Director
Finance and Management Services Agency
22B-2
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
CONTRACT AWARD TO SIEMENS
INDUSTRY, INC., FOR TRAFFIC SIGNAL
INSTALLATION AT FAIRVIEW STREET &
EDNA DRIVE, AND TRAFFIC SIGNAL
MODIFICATIONS AT MCFADDEN
AVENUE & EUCLID STREET (PROJECT
NOS. 126758 AND 126759)
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
1. Award a contract to the lowest responsible bidder, Siemens Industry, Inc., in accordance with
the Base Bid plus Add Alternate A, in the total of $530,215.25, for the installation of a traffic
signal at Fairview Street and Edna Drive, and traffic signal modifications at McFadden
Avenue and Euclid Street.
2. Approve the Cost and Funding Analysis as shown in Exhibit 1 for a total estimated project
delivery cost of $662,700.
DISCUSSION
This project consists of the installation of a new traffic signal at the intersection of Fairview Street
and Edna Drive, and traffic signal modifications at McFadden Avenue and Euclid Street. The
project locations are shown in Exhibit 2. Once completed, the improvements will enhance
service and increase safety at these locations.
The Notice Inviting Bids was advertised on October 31 and November 1, 2012, and bids were
opened on November 21, 2012. A summary of the bid invitations mailed, bids received, and bid
results is as follows:
Contractor Participation Data
Santa Ana contractors receiving notices: 2
Contractors requesting bidding documents: 17
Bids received: 6
Bids received from Santa Ana contractors: 0
23A-1
Contract Award to Siemens Industry, Inc., for
Traffic Signal Installation and Traffic Signal Modifications
January 22, 2013
Page 2
Bid Results Summary
RANK BIDDERS NAME LOCATION BASE BID
1 Siemens Industry, Inc. Anaheim $493,765.25
2 Steiny & Company, Inc. Baldwin Park $523,182.00
3 California Professional Engineering La Puente $543,210.00
4 Pro Tech Engineering Corporation Corona Del Mar $570,820.00
5 Sully-Miller Contracting Company Brea $575,076.00
Six bids were received and all but one was deemed responsive. CMV Electric, Inc., submitted an
incomplete bid, therefore causing the bid to be considered nonresponsive.
The Engineer's estimate was $607,058. The lowest base bid was submitted by Siemens
Industry, Inc., for $493,765.25. That amount added to the $36,450 bid for signage improvements
(Add Alternate A) results in a total construction contract of $530,215.25.
ENVIRONMENTAL IMPACT
Environmental Review Nos. 2011-78 and 2011-81 have been completed, and Categorical
Exceptions were filed for these projects, pursuant to the California Environmental Quality Act.
FISCAL IMPACT
A project cost analysis shown in Exhibit 1 determines that the total funds needed to deliver the
project is $662,700. That cost includes construction administration, inspection, testing, and
contingencies. Funding is available to cover costs in the Traffic Congestion Relief Fund (Account
05917663-66220) and the Select Street Construction Fund (Account 05917660-66220) in
Projects 126758 and 126759.
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II Francisco Gutierrez
Executive Director Executive Director
Public Works Agency Finance & Management Services Agency
RG/ET
Exhibit 1: Funding Analysis
2: Project Location Map
23A-2
COST ANALYSIS
PROJECT NOS. 126758 AND 126759
CONTRACT AWARD FOR TRAFFIC SIGNAL INSTALLATION AT FAIRVEIW STREET & EDNA
DRIVE AND TRAFFIC SIGNAL MODIFICATION AT MCFADDEN AVENUE & EUCLID STREET
Cost Analysis
Construction Contract $530,215
Contract Administration $30,600
Inspection and Testing $48,864
Contingencies $53,021
TOTAL ESTIMATED CONSTRUCTION COSTS $662,700
Exhibit 1
23A-3
23A-4
nos
T,
55
Fairview/Edna
New Traffic Signal
22
i in
w'
McFadden/Euclid
Traffic Signal
Modification
t ai
Q
S'
17th' Street
c
JCivic Center pr-
5th St _ _i
a C-0 I Sano Ana Blvd
o m
16- m N a) 1stStreet
U)
a I
o
dd n Av e , IIlits St N G
L LL
05
- - -
-
EdingerAye.
U
Glenwood PI --
>1
rner
A
ve.
---
-
Segorstrctm Av_e. _ - -%
Oft
_-MacArthur) Blvd_ NORTH
i
SANTA ANA
Pr..? City Council Project Nos. 12-6758 - Traffic Signal at
Agenda Date Fairview Street/Edna Drive
t Project No. 12-6759: Traffic Signal Modification at
PUBLIC WORKS AGENCY January 22, 2013 ?du:dLut1
McFadden Avenue/Euclid Street ???,
23A-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
AGREEMENT FOR PLANNING AND
ENVIRONMENTAL SERVICES FOR THE
SANTA ANA GENERAL PLAN HOUSING
ELEMENT UPDATE
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s1 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
The Planning Center/DC & E for planning and environmental services in an amount not to exceed
$141,330 to prepare the General Plan Housing Element update, subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
Senate Bill 375, also known as California's Sustainable Communities Strategy and Climate
Protection Act, calls for the integration of transportation into land use planning, in conjunction with
establishing a greenhouse gas (GHG) reduction goal for the region. Towards this goal, the law
requires updating of local jurisdictions' general plan housing elements within 18 months from the
adoption of the Southern California Association of Governments (SCAG) Regional Transportation
Plan (RTP). With the adoption of the SCAG Regional Transportation Plan in October 2012, the
next Housing Element planning cycle is to be completed by October 15, 2013, and must include
an evaluation of and strategies to address Santa Ana's housing needs for the 2013-2021
planning period.
The Regional Needs Housing Allocation (RHNA) assigned to the City of Santa Ana for the 2013-
2021 planning period is 204 units, in comparison to the 3,393 unit RHNA allocation assigned to
the City of Santa Ana in the prior Housing Element adopted on October 19, 2009. This lower
RHNA allocation is in part due to State Housing and Community Development (HCD)'s
adjustments to account for abnormally high vacancy rates and depressed market conditions due
to prolonged recessionary conditions, high unemployment and unprecedented foreclosures in
California.
In conjunction with Housing Element updates, State law also requires that cities make revisions
to the Safety Element to include current flood information. Thus, minor revisions to the Safety
Element are also included in the proposed scope of services.
25A-1
Contract for Planning and Environmental Services for
General Plan Housing Element Update
January 22, 2013
Page 2
A Request for Proposals (RFP) was distributed to eight planning consulting firms in mid-
November 2012. In response to the Request for Proposals, staff received one proposal from a
qualified planning firm. The limited response received was attributed to prior commitments by
consultants on other projects. After reviewing the proposal submitted by The Planning
Center/DC & E, Planning Division and Community Development Agency staff conducted a formal
interview. The Planning Center/DC&E is a very well-qualified firm with extensive experience in
preparing Housing Elements. They have specific experience in the City of Santa Ana as the firm
that prepared the previously approved Housing Element Update, which was awarded an
Outstanding Planning Award by the Orange Section - American Planning Association. The
Planning Center will also use Arrellano Associates, who have extensive experience in Santa Ana,
as the sub-consultant for public outreach for the update process.
Based on the need to comply with State law to update of the General Plan Housing Element (SB
375) and minor revisions to the Safety Element (Government Cod Sec. 60361), as well as the
consultants' qualifications and experience in preparing General Plan and housing strategies in
urban settings, it is recommended that The Planning Center/DC & E be awarded the contract for
this project. The total contract amount for the preparation of the Housing Element and Safety
Element updates and environmental documentation will not exceed $141,330, which includes a
10 percent ($12,848) contingency.
Public Information and Public Records
The project Request for Proposals and summary of the consultant evaluation results are
available on the City's "Open Government" website page http://www.santa-ana.org/bids-rfps/, and
will be available on the website for a minimum of 30 days after City Council action on the matter.
In addition, the project proposal, communication received, and evaluation/score sheets are
available to the public upon request to the Planning Division.
Local Preference Ordinance
Per City ordinances the procurement of materials, supplies, labor, and services involving
expenditures between $5,000 and $100,000, the City will offer a 7% preference to Local
Businesses and a 4% preference to Orange County Businesses. While The Planning Center/DC
& E consulting firm office is located in Santa Ana, this policy does not apply as the contract is
over $100,000.
FISCAL IMPACT
Funds in the amount of $100,000 are available in the Planning and Building Agency account for
other contractual services (account no. 01116510-62300) and funds in the amount of $41,330
are available in the Air Quality Management AB2766 fund (account no. 03116510-62300). The
total contract amount will not exceed $141,330.
25A-2
Contract for Planning and Environmental Services for
General Plan Housing Element Update
January 22, 2013
Page 3
APPROVED AS TO FUNDS AND ACCOUNTS:
J y . Trevino
Executive Director
Planning and Building Agency
Nancy T. E ards
Interim Executive Director
Community Development Agency
MM:rb
mm: Housing2013/H E_Contract_R FCA_cc
Exhibit: 1. Agreement
?i Nax-Qt, iAr1 ?) ) , ;
Francisco Gutierrez
Executive Director
Finance & Management Services Agency f?
J c'
25A-3
25A-4
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2013, by and
between THE PLANNING CENTER, DC&E, 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 housing 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
terms and conditions hereinafter set forth, the parties agree as follows:
I. SCOPE OF SERVICES
Consultant shall provide professional services pertaining to planning and environmental
services to prepare the General Plan Housing 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.
EXHIBIT 1
25A-5
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 $141,330 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, 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-6
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.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct, from the direct or indirect operations of the
Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their
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
3
25A-7
due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent
acts, omissions or willful misconduct in the performance of this Agreement.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: City of Santa Ana
C/o Clerk of the Council
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With copy to: Executive Director of PBA
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973-1461
4
25A-8
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, DC&E
Colin Drukker
Project Manager
3 MacArthur Place, Suite 1000
Santa Ana, CA 92707
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
5
25A-9
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 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.
6
25A-10
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:
SONIA R. CARVALHO
City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
JAY M. TREVINO
Executive Director - PBA
NANCY T. EDWARDS
Interim Executive Director - CDA
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
THE PLANNING CENTER, DC&E
BRIAN JUDD
Principal
7
25A-11
25A-12
EXHIBIT A
SCOPE OF SERVICES
(Attached)
25A-13
Scope of Work
Our scope of work is structured in accordance with the required elements in
HCD's Building Blocks website, state law, and HCD review guidelines. This
work scope has six tasks: 1) housing technical report update; 2) public
participation; 3) housing element preparation; 4) AB 126 Compliance, 5) CEOA
compliance, and 6) project management.
TASK 1. HOUSING TECHNICAL REPORT UPDATE
Task 1 involves updating portions of the technical report to reflect recent data
and legislative updates. This report contains an assessment of housing needs,
constraints analysis, land inventory, and evaluation of program
accomplishments. It supports the housing element, which includes the goals,
policies, and programs that will be implemented. The scope of work assumes
that the rezones in the 2oo8-2014 Housing Element will be completed and no
carryover RHNA will be necessary.
1.1 Housing Needs Assessment
This section describes the demographic, housing, neighborhood, and special-
need characteristics in Santa Ana. More than simply a recitation of numbers,
the assessment is an insightful analysis that allows the City to determine
housing priorities and programs for the community. The housing needs
assessment also includes economic characteristics and affordable units at risk
of conversion to market rates. Resources for data updates include the SCAG
RHNA Methodology Appendices; the 2010 U.S. Census; Department of
Finance; DataOuick; and the City's most recent CAPER, Consolidated Plan,
Consolidated Annual Action Plan, and any annual reports submitted to HCD.
City staff will update all facts and figures within Appendix A (Housing Needs).
This includes figures in tables and text, as well as necessary changes in the
accompanying narrative. The City will also draft a new compressed version of
Section 2 (Planning Context) in the Framework. We will review the City's edits
and update charts and graphs as required.
1.2 Analysis of Potential Constraints
This will be a technical update to ensure that the constraints analysis includes
the latest data on market factors and City codes, permit processing and fees.
The constraints analysis will also described efforts undertaken during the prior
housing element planning period to remove constraints. If actual
governmental constraints to the production of housing in Santa Ana are
identified, the constraints analysis will also described City efforts to remove or
mitigate these constraints.
City staff will revise the status of constraints listed Appendix B (Housing
Constraints). This includes figures in tables and text, as well as any necessary
changes in the accompanying narrative. We will review the City's updates and
revise as necessary.
EXHIBIT A
THE PLANNING CENTER I DC&E - PROPOSAL: CITY OF SANTA ANA 2014-2021 HOUSING ELEMENT UPDATE
25A-14
1.3 Land Inventory
Santa Ana received a RHNA allocation of 204 units for the 2014-2021 housing
element. We will review the existing land inventory and work with City staff to
remove any sites that have been developed, rezoned for nonresidential use, or
otherwise altered to no longer be usable in the housing element.
If the Harbor Corridor Plan rezonings take place too late in 2013 to be counted
for development potential during the 2008-2014 planning period, the City will
be subject to a carryover of up to 987 lower income units. In the event of a
carryover RHNA, we will meet the combined lower income RHNA through
development potential in the Harbor Corridor Plan and possibly a small portion
of the Metro East Overlay.
Based on housing construction and permitting information provided by the
City, we will update the maps, tables, figures, and narrative within Appendix C
(Housing Resources). We agree with City staff's position that these portions of
the Element should only change to the degree necessary. Some emphasis will
be removed from housing sites in the downtown (formerly Renaissance
Specific Plan) and on the First and Fifth Street transit corridors.
City staff will draft a compressed version of Section 3 (Housing Resources) in
the Framework. We will review the City's edits and revise as necessary.
1.4 Housing Plan
Preparation of the housing plan will require a housing program evaluation to
document the City's progress in implementing the adopted housing element
programs. Annual reports to HCD and staff input are the key resources for this
evaluation. We will synthesize the information we have into a policy and
program matrix for staff to complete. City staff shall consolidate their edits
into a single matrix to avoid duplicative or inconsistent direction or edits.
Information provided in this matrix will allow the consultant team to identify
policy and program problem areas.
Legislative updates and input from the public, stakeholders, City staff, and
appointed and elected officials will also influence revisions to the goals,
policies, and programs. The dissolution of the redevelopment agency will
affect program funding, so we anticipate that a program or programs related
to applying for and obtaining alternate financial resources will be an important
feature in the 5th cycle.
Deliverable(s):
- Policy and Program Evaluation Matrix Working Document
1.4.1 Optional Health and Wellness Focus
We will identify programs and policies related to health and wellness to
complement and integrate with the update of the circulation Element and the
new plan for Harbor Boulevard. This effort is not intended to recast the
housing element, but rather provide a meaningful way to integrate health and
air quality benefits into the housing policy framework.
25A-15
We will review and introduce the concept of health into the housing vision of
the community and the goals and policies supporting the vision. As applicable,
this will include a focus on housing security, the structural condition of
housing, and the broader neighborhood context-implemented to a few select
programs proposed by either City staff or stakeholders.
Finally, we will attend and lead one two-hour working meeting with the
leadership (up to 8 invitees total) from groups such as Latino Health Access,
Orange County HCA, and the California Endowment, separately from the
workshop meetings. Additional attendees would include City staff and
consultant representatives.
Deliverable(s):
- Health and Wellness Policies, Programs, and Meeting
TASK 2. PUBLIC PARTICIPATION
State law requires an inclusive public participation process to inform the
housing element update. We propose a three-tiered public participation
program that includes a community workshop, study sessions, and public
hearings to achieve this goal.
2.1 Community Workshops
Community and stakeholder workshops offer an opportunity for community
members to understand housing element legal requirements, weigh in on
housing issues facing the community, and provide insight into potential
programs to address local needs. We will conduct four public workshops. This
includes preparing all PowerPoint materials, leading the discussion, and
summarizing input.
The community workshops will include with a brief presentation that provides
an overview of the housing element process, the statutory requirements, and
the goals and desired outcomes for the workshop. One format option involves
forming participants into small groups to discuss the best qualities of Santa
Ana, the greatest housing and neighborhood needs, opportunities for housing
and services, and constraints that need to be overcome to address community
needs and state law. A combination of comment cards and a brief survey will
be used to collect quantifiable input.
Another format option emphasizes one or two specific policy areas for each
workshop, such as healthy communities or homelessness. With this option,
each workshop would generally follow a similar outline of a brief introduction
followed by roundtable discussions (depending on the number of participants).
We will provide three Spanish- and English-speaking facilitators for all four
workshops. The budget allows for a Vietnamese-speaking facilitator for up to
two workshops. The notices and surveys will be prepared in all three
languages.
25A-16
Santa Ana
COMMUNITY
CONCERNS Owhousinq: Our neighborhoods: Out community:
•?KVra•la•wdl d?fl9ned nrp;ect. . 8".Wy OUP rrghb.+- , •pfrtfi.M ivu G?.il,t'/alter c:?s Y\
qAW dowrvalpd .ytau ytov.w'4x-r-A--bk .f-1 kw aes one a-%- wtb+k.dr+uan.l sy..am
': Yi° Kra^tt . Ado-, _0".q • P-& nr r d-ran tron
!
er
r f:KwYrtlrrY[av
Y.,t rr>SNINKf 9-rentA•!?M
.ka4-nfd-ny.,ti
NKNIg1[/ilti! W 4v1
ten ASkM' trM
4?7.!Af.
drpatlK
homeormR
al,wdabNOiF
k-
lr. arW lccfl
b
Nngrd.racfa.fer
'
d
+ . Nfcd f., w.*fw. havolm
• Sd.y;t a <orMn,n tr many . Poc%1?. tr: A Tw,f -V_ ulostyh
-
p
•, a •Gt'w+?nafmtrt way. KgerdinrtW with ca;a•a:s •r7KV+f ltN artsolf V-%ptltnt
nmeef+r trsnsfe • NOtd+a nfu 1 inh-t__ ded4-kMg4N0<Ha
'Wp.rlr •6N4-hcwursq t)JX1 and rHV.da-0;Iny
• SumMabN, xcnr..Nf Ord MfM
r_1
PAkK Forum
t
U
- a-i
We recommend that the workshops be located at various locations throughout
the City and, if possible, in conjunction with other community events to
maximize the amount and variety of participants. It is important for the
workshop participants to represent a cross-section of the community in terms
of income, race, ethnicity, and household type. Rather than holding a separate
workshop for service providers, we recommend inviting service providers to all
of the workshops and they may select which ones to attend. After the first
workshop, City staff will be given a toolbox of outreach materials with which
they can conduct additional outreach with the City's neighborhood
representatives and other stakeholders.
We assume that the City will handle all arrangements to make the facilities
available for the workshop. This includes food or water, setup, parking, usage
fees, and any other facility arrangements. For budgetary purposes, we assume
that the City will handle advertising, noticing, and any auxiliary details
necessary to facilitate the workshop. The Planning CenterlDC&E will be
responsible for preparation of materials and leading the workshop on the day
of the events.
Deliverable(s):
- Preparation, attendance, and participation for four workshops
- Notices in three languages
- Survey in three languages (Survey Monkey online and hard copy)
- Workshop handouts in three languages
- PowerPoint presentation and up to six boards (up to three boards
may be instead created and used at other meetings)
- Outreach toolbox
- Summary of notes and comments received at the workshops
25A-17
2.2 Pre-HCD Study Sessions
We recommend holding at least one study session with the Planning
Commission prior to submitting the housing element to HCD. Ideally, the
Planning Commission, Community Redevelopment and Housing Commission,
and City Council will see the housing element by mid-July before it needs to be
submitted to HCD to begin a 6o-day review (see Task 3.2 for more details). If
some study sessions cannot be accomplished by mid-July, the document can
be presented at study sessions while HCD reviews it. We understand that these
study sessions are important because the commissions and council can hear
from the public about priorities or concerns while they gain understanding of
the proposed policy and program commitments.
To achieve these objectives, each study session should cover the following:
+ Housing Element 1oi: A primer on what the process is all about
+ The planning and market context of the housing element update and an
overview of the City's housing needs.
+ Housing constraints and resources, including the land inventory and other
resources, to address the RHNA.
+ Common comments from the workshops
+ Proposed policies and programs to be considered in the housing element to
address needs and preferences.
We will attend and lead up to two study sessions, which will provide the City
with the information, materials, and direction to allow City staff to lead an
additional two study sessions if necessary.
Deliverable(s):
- Preparation, attendance, and participation at up to two study
sessions
- PowerPoint presentation and up to 3 board (see Task 2.1)
- Bulleted summary of comments received at the study sessions
2.3 Post-HCD Public Hearings
Following approval by HCD, the Planning CenterlDC&E will participate in the
public hearings for adoption. Given that the City Council and Planning
Commission have already seen the housing element and have been
periodically updated by City staff as to its status, the public hearings may be
more focused and/or streamlined. The only exception is if significant program
changes are required to achieve HCD certification.
We will provide a concise presentation that communicates the essentials
necessary to adopt the housing element. We will attend the hearings to
provide clarifications on specific questions that might arise. For these hearings,
we typically recommend that City staff take a lead role in making
presentations because it is City staff who are now responsible for
implementing the goals, policies, and programs.
25A-18
Comments received from the post-HCD public hearings for adoption will be
reflected in the housing element as directed by City staff.
Deliverable(s):
- Preparation, attendance, and participation at up to two public
hearings
- PowerPoint presentation
TASK 3. HOUSING ELEMENT PREPARATION
Following completion of the preparation of technical analyses and public
workshops, The Planning CenterjDC&E will prepare the housing element for
staff review, appointed and elected official study sessions, HCD review, and
adoption. The steps involved are described below.
3.1 Preliminary Draft Housing Element
The Planning CenterjDC&E will prepare the housing element policy framework
and technical report for staff review. Comments should be consolidated to
avoid making conflicting recommendations. To facilitate a timely review, we
anticipate meeting with City staff once per draft to go over the housing policy
plan and technical report comments in depth and avoid the need for multiple
meetings. The Planning CenterjDC&E will then resubmit the draft housing
element and policy plan to City staff for approval one additional time prior to
public circulation forthe study sessions.
3.2 HCD Review
California law requires the housing element be reviewed by the California
Department of Housing and Community Development for compliance. HCD
directs its focus on housing sites, zoning, development standards, and
programs geared toward meeting the RHNA. The City is unlikely to qualify for
streamlined review, but we will provide a cover letter referring to key areas of
change.
After completion of the draft housing element and presentation to the
Planning Commission at one study session, we will submit the draft to HCD for
review and continue to present it at other study sessions. The Planning
Commission review may or may not take place after City Council and the
Community Redevelopment and Housing Commission. We understand that
the other study sessions are important, but due to timing constraints, it is
critical for HCD to begin a 6o-day review in July. If we wait until all study
sessions are complete, the housing element will have to be adopted by the City
before HCD can complete a review and that would trigger a go-day review
period.
Should the study sessions that occur after submittal result in changes, we will
submit those changes during the review process. Our budget assumes one
HCD review.
City of Sams Ma C 1 P6n
Housing Element
t
700E 201A
o?ro aou9
25A-19
3.2.1 Optional Streamline Review
As of November 2012, the City of Santa Ana does not quality for streamlined
HCD review under draft streamlining requirements. If circumstances change
and the City does qualify, City staff can complete the streamlining worksheet
prior to HCD submittal. We will review the City's worksheets and edit if
necessary. We will only perform and bill to this task if authorized by the City.
3.3 Final Housing Element
Following a letter of compliance, The Planning CenterJDC&E will assemble the
final housing element policy framework and housing technical report for public
distribution, noticed public hearings before the Planning Commission and City
Council, and inclusion on the City's website.
Deliverable(s):
- Draft Housing Element (6 bound copies and 1 PDF)
- Draft Housing Element for public review (1o bound copies and 1 PDF)
- HCD Review Draft Housing Element (1 unbound copy and 1 PDF)
- Final Housing Element (1o bound copies and 1 CD of all final files)
TASK 4. AB 162 COMPLIANCE
Assembly Bill 162 strengthens flood protections by requiring jurisdictions to
update flood-related information in its General Plan during the mandatory
revision to the housing element. Flooding information is in the City of Santa
Ana General Plan Safety Element and was last updated in 1982. The safety
element should be updated to include a more recent narrative about flooding,
flood control improvements implemented since 1982, and policies or programs
about maintaining FEMA maps. Currently the flood hazards map is combined
with fire hazards. Those hazards should be separated into their own maps and
updated at the same time.
This scope and the associated budget assumes the safety element update will
be limited to compliance with AB 162 and by completed by City staff (including
GIS maps). We will review the City's maps and edits to the safety element. The
City will also lead presentations on updates to the safety element to the
Planning Commission and City Council at the same hearings as the HCD-
approved housing element. Environmental clearance for the safety element
update will be combined with the negative declaration for the housing
element.
Deliverable(s):
- Edits on Draft Safety Element (1 PDF)
- Edits on Final Safety Element (1 PDF)
TASK 5. ENVIRONMENTAL CLEARANCE
The Planning CenterJDC&E will coordinate closely with the City to ensure that
the Initial Study and Negative Declaration (IS/ND) are legally defensible and
accurate. The Planning CenterJDC&E will prepare an IS/ND in compliance with
state law. We will also circulate the IS/ND to the appropriate state and local
25A-20
agencies. We do not anticipate that changes will arise from the update that
will require enhanced environmental review. The IS/ND will cover the housing
element and limited safety element update described in this scope of work.
The IS/ND project manager, JoAnn Hadfield, will coordinate with the City via
conference calls. She will be present at a scoping meeting for the IS/ND.
Additional meetings or attendance by other members of the consultant team
will be billed on a time-and-materials basis. Costs for meeting attendance will
be billed in accordance with the hourly rates forthe personnel involved.
Within five days of project approval, The Planning CenterlDC&E will prepare an
NOD. The City will be responsible for filing the NOD and paying associated
fees, as well as the production of 45 CDs for distribution. We will email
electronic versions of the files and CD label.
Deliverable(s):
- Screencheck Draft IS (1 electronic copy in Word format)
- Public Review IS/ND (1 PDF)
- Final IS/ND (1 PDF)
- Notice of Determination (1 PDF)
TASK 6. PROJECT MANAGEMENT
Project coordination between staff and the consulting team and between
members of the consulting team is critical to a successful housing element
project. Accounting and overall project management coordination is also
required. Colin Drukker will serve as the project manager for the housing
element and is responsible for leading the project from beginning to
completion. This task includes the project kick-off meeting and up to 11 status
meetings with staff six at City Hall or our office and five via conference call.
Deliverable(s):
- Monthly progress reports (so)
Project Schedule
The housing element RFP recognizes the complexity of the project and the
tight time frame to complete it. The following schedule is proposed.
Project Schedule
Task Month
Project kick-off meeting January
Draft Housing Technical Report, Draft Safety Element update January-March
Public Workshops (4), City review of Draft Safety Element March
Draft Housing Element preparation, revisions to Safety Element April
City review and revise Housing Element (up to two drafts), Initial
Study Scopin meeting after 2nd Draft May-June
Submit the Housing Element toHCD Mid-July
Study Sessions (up to 2) July-August
25A-21
City review Initial Study, receive letter of compliance and intent to September
certify Housing Element
Adopt Housing Element, Safety Element update, and Initial
Study/Negative Declaration October
Submit adopted Housing Element for certification (well within 120 November
days of October 1S, 2013 as required)
25A-22
Revised 1/3/13
City of Santa Ana Housing Element
Fee Proposal: Summary
Total Base Optional Total Cost
Contingency $ 12,080 $ 768 $ 12,848
TOTAL (including contingency) $ 132,882 $ 8,448 $ 141,330
Note: the contingency represents 10 percent of the total budget.
These funds are not to be spent unless specifically authorized by the City.
25A-23
Labor Total w/o Reimbursables 930 $ 111,122 $ 7,680 $ 118,802
:i :0
Project Total $ 120,802 $ 7,680 $ 128,482
Revised 1/3/13
City of Santa Aria Housing Element
Fee Proposal: The Planning Centers DC&E
PM & Env. Sr. Ad. GIS Assoc. Asst. WP
160 200 160 150 90 70 90 Total Base Optional Total Cost
Task Descri tion Princ. Princ. Plnr Gra hics Plnr. Pins. Edit Hours Cost Tasks w/O tions
il.0 HOUSING TECHNICAL REPORT
1.1 Needs Assessment 12 0 0 0 0 25 4 41 $ 4,030 $ $ 4,030
1.2 Constraints Analysis 4 0 0 0 0 20 4 28 $ 2,400 $ $ 2,400
1.3 Land Inventory 30 0 0 10 0 0 4 44 $ 6,660 $ $ 6,660
1.4 Housing Plan 12 0 30 0 0 0 4 46 $ 7,080 $ $ 7,080
1.4.1 Health & Wellness Focus 0 0 40 0 0 0 4 44 $ - $ 6,760 $ 6,760
r •
2.1 Workshops (4) 60 0 16 8 0 46 0 130 $ 16,580 $ - $ 16,580
2.2 Study Sessions (2) 20 0 0 0 0 20 0 40 $ 4,600 $ - $ 4,600
2.3 Public Hearings (2) 8 0 8 0 0 12 0 28 $ 3,400 $ $ 3,400
r • •
3.1 Preliminary Draft Element 36 0 8 8 0 24 10 86 $ 10,820 $ $ 10,820
3.2 HCD Review (1) 30 0 10 0 0 0 0 40 $ 6,400 $ $ 6,400
3.2.1 Streamline Review 4 0 0 0 0 4 0 8 $ - $ 920 $ 920
3.3 Final Housing Element 18 0 0 4 0 10 6 38 $ 4,720 $ - $ 4,720
4.0 AB 162 COMPLIANCE
4 AB 162 Compliance 4 0 0 0 0 0 0 4 $ 640 $ $ 640
r -•
5.1 Initial Study/ND 0 10 2 2 40 0 4 58 $ 6,620 $ $ 6,620
5.2 Revisions & Processing 0 2 0 0 10 0 1 13 $ 1,400 $ $ 1,400
5.3 Reproduction & Mailing 0 0 0 0 0 0 8 8 $ 720 $ $ 720
5.4 Mtgs/Public Hearings 2 12 0 0 0 0 0 14 $ 2,720 $ $ 2,720
,6.0 PROJECT MANAGEMENT
6.1 Project Admin 60 0 0 0 0 0 0 60 $ 9,600 $ $ 9,600
6.2 Monthly Meetings' 22 0 10 0 0 0 0 32 $ 5,120 $ $ 5,120
6.3 Kick-Off Meeting 8 0 0 0 0 8 0 16 $ 1,840 $ $ 1,840
Labor Total w/o Reimbursables 330 24 124 32 50 169 49 778 $ 95.350 $ 7.680 $ 103.030
6 B&W Housing Element copies for staff review $ 165 $
10 B&W Housing Element copies total for public review $ 275 $
Electronic drafts (no cost, transmitted by email or FTP) $ - $
1 B&W HCD Draft Housing Element $ 25 $
10 B&W Final Housing Element copies $ 275 $
IS/ND Reproduction (45 CDs & labels) - City burns CD, TPC emails label $ - $
IS/ND Certified mailing +CDFG filing fees $ 1,625 $ 1,625
Boards, Maps, & Misc $ 3,300 $ 3,300
Total Reimbursable Expenses $ 5,665 $ - $ 4,925
Note: Monthly meetings: 6 in person at City Hall or the consultant's office and 5 via phone Total Cost $ 101,015 $ 7,680 $ 107,955
25A-24
Revised 1/3/13
City of Santa Ana Housing Element
Fee Proposal: Arellano Associates (includes Vietnamese Translator)
Prj. Trans. Prj. Assoc. Assoc. Support
198 143.2 123.2 107.36 95.04 35.2 Total
Task Description Dir. Fac. M r. Fac. Fac. Edit Hours Total Cost'
*0 PUBLIC OUTREACH 2
2.2 Workshops 2 4 28 28 28 44 134 $ 12,798
,6.0 PROJECT MANAGEMENT
6.1 Project Admin 6 0 6 0 4 0 16 $ 2,538
6.3 Kick-Off Meeting 2 0 0 0 0 0 2 $ 436
Labor Total w/o Reimbursables
REIMBURSABLE EXPENSES $ 15,772
Copies/Printing $ 275
Interpretation and Translation3 $ 2,750
Meeting Supplies $ 440
Mileage $ 550
Total Reimbursable Expenses $ 4,015
Total Cost $ 19,787
1: Includes a 10% markup fee
2: Includes three Spanish-speaking facilitators at all four workshops and one Vietnamese-speaking facilitator at two workshops.
3: Document translation from English to Vietnamese is charged at 24 cents per word
25A-25
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
Named Insured
Countersigned by
Authorized Representative
9
this endorsement form as a part of
25A-26
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
AGREEMENT WITH TELVENT USA, LLC, ? As Recommended
TO PROVIDE ANNUAL MAINTENANCE El Amended
? Or dinance on 151 Reading
AND ON-CALL SERVICES FOR THE CITY'S ? Ordinance on 2"d Reading
TRAFFIC SIGNAL SYSTEM ? Implementing Resolution
? Set Public Hearing For_
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute an agreement with Telvent USA,
LLC, in the amount of $70,000 annually with the option to extend for two one-year contracts
exercisable by the City Manager, subject to non-substantive changes approved by the City
Manager and City Attorney.
DISCUSSION
On August 4, 2003, the City Council approved an agreement with Telvent Farradyne, Inc., to
implement the Management Information System for Traffic (MIST). MIST is an advanced software
platform developed by Telvent Farradyne, Inc., for integrated traffic control and advanced
transportation systems management which helps staff minimize congestion, enhance safety,
respond to incidents, and improve operations. MIST conforms to national standards, works with
the latest traffic signal controllers, and allows the City to interface with other signal systems for
signal coordination across jurisdictions.
MIST implementation for the City started in 2006 for the traffic signals in the downtown central
business district area, and expanded in 2008 to include all traffic signals in the city. Telvent USA,
LLC, (formerly Telvent Farradyne) has been providing annual maintenance and on-call services
since the initial implementation of the system. The original three-year maintenance contract has
expired. Since Telvent USA, LLC, is the owner/developer of the system software and the only
consultant that can maintain and support the system, staff recommends a new three-year contract
with the option of two 1-year extensions with Telvent USA, LLC, for an amount not to exceed
$70,000 annually.
25B-1
Agreement with Telvent USA, LLC
January 22, 2013
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Public Works Agency Traffic Signal Maintenance account (02917620-
62300).
APPROVED AS TO FUNDS AND ACCOUNTS:
Raul Godinez II
Executive Director
Public Works Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. Agreement
25B-2
AGREEMENT FOR SYSTEM MAINTENANCE
AND SOFTWARE DEVELOPMENT SERVICES
THIS AGREEMENT, made and entered into this 22°d day of January, 2013 by and between
Telvent Farradyne, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a
charter city and municipal corporation organized and existing under the Constitution and laws of the State
of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of software
maintenance and repair services for the City's traffic signal systems.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and
conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform annual routine maintenance and on-call system services on an as needed
basis for the City's Advanced Traffic Management System ("ATMS"), as set forth in Exhibit A, attached
hereto and incorporated by reference.
2. REPRESENTATIVES
For purposes of implementing this Agreement, the representative of City shall be the Executive
Director of the Public Works Agency, or his designated representative, and the representative of the
Consultant shall be the President or his/her designated representative. Except as may be otherwise stated
herein, such representatives shall have the authority to act on behalf of their respective parties in carrying
out the terms of this Agreement.
3. DELIVERY OF WORK PRODUCT - OWNERSHIP
Consultant warrants and represents that it has the absolute right to enter into and perform this
Agreement and will perform its obligations hereunder in accordance with standards and practices
prevailing in the industry. Consultant's contribution to the Project, including works to be produced by
Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third
person or party. Consultant shall deliver to City any work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible with
City's information systems, as agreed between the Project Manager and Consultant.
In regard to all material produced as a deliverable under this Agreement, including but not limited
to records, papers, drawings, specifications, programs, systems and other materials prepared by
Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
volunteer workers, that (a) other such material shall be the property of the City, and may not be
copyrighted without prior review from the City, and (b) the authors of all such material, whether
copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of
25B-3
their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable
license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use
such materials.
4. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services:
• For Routine Maintenance, $10,000 per year.
• For On-Call Services, the rates and charges identified in Exhibit A, which shall not
exceed $60,000, per fiscal year.
The total sum to be expended under this Agreement shall not exceed $70,000.00, annually,
during the initial three-year period of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. Payment need not be made for work
which fails to meet the standards of performance set forth in the Recitals which may reasonably be
expected by City.
5. TERM
This Agreement shall commence on the date first written above and terminate on December 31,
2015, unless terminated earlier in accordance with Section 14, below. However, if the City Council fails
to approve an annual budget with a line-item expense for said maintenance and on-call services, the
agreement shall expire on June 30 of the then current year. The maintenance and on-call services
agreement may be extended for up to two additional one-year periods, by a writing executed by the City
Manager and City Attorney.
6. 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.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising from bodily
and personal injury, including death resulting therefrom and damage to property, resulting from any act or
occurrence arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such
insurance shall provide an additional insured endorsement which 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.
2
25B-4
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired
and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work
under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of not
less than $1,000,000 per claim, and $2,000,000 in the aggregate.
this section:
The following requirements apply to the insurance to be provided by Consultant pursuant to
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to the City.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or
fails or refuses to furnish the City with required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not effect Consultant's right to be paid for its time and materials expended prior to
notification of termination. Consultant waives the right to receive compensation and agrees to indemnify
the City for any work performed prior to approval of insurance by the City.
8. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including health, and claims for property damage, which may arise from the negligence,
recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees,
or other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial
or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant
arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs
for the defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party asserting that personal injury, damages, just compensation,
restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of,
or effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
9. CONFIDENTIALITY
If Consultant 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
25B-5
same degree of care it uses to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources;
(b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Consultant without reference to information
disclosed by the City.
10. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
11. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
facsimile (714) 647-6956
With courtesy copies to:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-5635
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
facsimile (714) 647-6515
To Consultant: Mr. Farhad Pooran
Telvent Farradyne, Inc.
1390 Picard Drive, Suite 200
Rockville, Maryland 20850
facsimile (301) 816-1884
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
4
25B-6
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by
facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after
the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
12. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event
of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or conditions
of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have
been made by any party, or anyone acting on behalf of any party, which are not embodied herein.
13. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
14. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject
to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the
City all work product completed as of such date, and in such case such work product shall be the property of
the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the
City deems appropriate. However, any use of unfinished work product shall be at City's sole risk.
b. Payment need not be made for work which fails to meet the standard of performance specified in
the Recitals of this Agreement.
15. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment related activities.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal,
state and local laws and regulations.
16. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of California.
This Agreement has been executed and delivered in the State of California and the validity, interpretation,
performance, and enforcement of any of the clauses of this Agreement shall be determined and governed
5
25B-7
by the laws of the State of California. Both parties further agree that Orange County, California, shall be
the venue for any action or proceeding that may be brought or arise out of, in connection with or by
reason of this Agreement.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of her inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City
fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such
authority or power is not, in fact, held by the signatory or is withdrawn.
b. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the
body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
RAUL GODINEZ, II
Executive Director - PWA
CITY OF SANTA ANA
PAUL M. WALTERS
City Manager
TELVENT USA, LLC
FARHAD POORAN, PhD, PE
Vice President, Engineering
6
25B-8
EXHIBIT A
SCOPE OF SERVICES
AND
FEE SCHEDULE
ROUTINE MAINTENANCE AND
ON-CALL SERVICES
25B-9
?r ,ii inic,miziJon for a Sustainable World
'
December 14, 2012
Mr. Vinh Nguyen, P.E.
Sr. Civil Engineer
City of Santa Ana
PWA -Transportation & Traffic Engineering
20 Civic Center Plaza, M-43
Santa Ana, CA 92702
RE: Santa Ana Advanced Traffic Management System (ATMS)
Proposal for Annual System Support
Dear Mr. Nguyen:
Telvent USA, LLC (TELVENT) is pleased to submit this proposal for providing system and software
support for the City's ATMS platform and TIS traveler information system.
The ATMS platform controls and monitors traffic signals within the City of Santa Ana. The central
component of this system is the Management Information System for Transportation (MIST)
software developed by TELVENT. The Transportation Information System (TIS) integrated with MIST
platform provides traveler information via the city's public web.
Scope of Services
The proposed scope of services includes the following components:
1. Annual System Routine Maintenance
2. Annual On-call System Support and Enhancements
The following sections describe scope of services covered under this proposal.
Annual System Routine Maintenance
Under this task TELVENT will provide maintenance support for the MIS' and TIS software for the
duration desired by the city. During the effective period of the Maintenance Support, TELVENT will
provide the following services:
1. Telephone, email, and internet support, responding to CLIENT identified problems and
application use related queries. This support will be during normal TELVENT business hours
EST. This service will be extended to three designated personnel of the CLIENT.
2. Support in the correction of software errors where such errors prevent the operation of the
application or have a significant impact on the application's use.
3. Significant application enhancements, developed by TELVENT for the specific modules of
MIST' and TIS that have been licensed by CLIENT, in the execution of its business, that have
applicability and significant benefit to CLIENT's use of application.
1390 Piccard Drive, Suite 200
Rockville, MD 20850
301.354.1376
25B-1 0 www.telventcom
The CLIENT responsibilities are as follows:
Keeping employees trained in the MIST and TIS system usage. If additional training
is required, this may be supplied under On-Call System Support at prevailing
TELVENT Time and Materials rates.
b. Timely notification of errors encountered. These notifications should be in writing
and may be posted by mail, fax or Email. Notification should include the time and
date of error, the machine that exhibited the error, a full description of the error
encountered, the name and direct phone number for the person that experienced
the error, and the state of the system and environment at the time of the error.
c. Upgrading to the latest available release of MIST` and TIS within one year of the
date that it is made available.
d. Allow remote access to the MIST and TIS systems by TELVENT for support.
e. Keep all computers associated with MIST' and TIS, acting as a Server or Operator
Interface free of any software that was not delivered with the MIST and TIS
systems or subsequent releases. Note:
1) Anti-virus and traffic modeling software packages such as Synchro may
be installed on MIST and TIS machines.
2) It is recommended that the CLIENT inform TELVENT of any other software
packages that may need to be installed on MIST and TIS machines. This will
expedite troubleshooting process if any problems arise as a result of the
subject software installation.
Not allow MIST`S and TIS software to be modified in any way by anyone other than
TELVENT or other TELVENT approved entities, as defined by CLIENT's executed
MIST License Agreement.
Fee Schedule
TELVENT will provide the above support services to the City of Santa Ana for an annual fee of ten
thousand dollars ($10,000), based on a Maintenance Agreement for a period of three (3) years.
This does not include labor and all travel, accommodation and per diem expenses incurred for any
site visits to the Customer's site. Such costs will be covered under Annual On-call System Support.
All of the dollar amounts are to be paid to TELVENT in US dollars. Billings will be made annually for
the following 12 months of support, starting upon acceptance of this agreement and notice to
proceed from the CLIENT. The payments are due within 30 days of invoice.
Total number of hours of support available under this Routine Maintenance shall be limited to 60
man-hours per annum. In the event that more hours of Support are required, they will be charged
to the Annual On-call System Support task.
Page 2
25B-11
4,
Annual On-Call System Support
Under this task, TELVENT will provide necessary support that is not part of the Routine
Maintenance described above. This will be on an as needed basis for the following but not limited
to:
1. Provide necessary modification of the system software/hardware to maintain or improve the
system functions. The cost of building, testing, and supplying the customized application
update required for enhancements will be included in this task.
Provide support for database management, maintenance, enhancement, and population.
Provide support for administrative tasks, including tape backups, user account
management, and daily operations if desired by the CLIENT.
3. Provide software engineering support to modify the MIST code to incorporate changes
identified by the CLIENT. These changes shall not include substantial alterations to the
MIST software.
4. Provide support in design of system for expansion or implementation of new technology.
This shall include assisting and advising CLIENT employees with the design and
specifications of traffic signal equipment and communications networks in order to properly
integrate with MIST system.
5. Provide system/communication hardware or software replacement as necessary.
6. Provide support in grant application for system and related communication upgrade.
Fee Schedule
The total cost of this Annual On-call System Support task shall not exceed sixty thousand dollars
($60,000). All services shall be billed on a monthly basis. TELVENT's invoice shall be paid thirty (30)
days after the receipt for contract services that have been satisfactorily completed. The City's
representative must verify all work completed.
The following table provides labor rates for the time & material tasks. These are based on the
estimated labor rates for the Year 2013. A 3% escalation rate will be added to each year after.
Sr. S stems Engineer $180
Systems En infer $120
Sr. Software Developer $170
Software Devel'Te _ $140
Sr. Engineer M or $210
Page 3
25B-12
Should you have any questions or require any further information, please contact me at (301) 354-
1376 at your convenience.
Very truly yours,
Farhad Pooran, PhD, P.E.
Vice President, Engineering
Telvent USA, LLC
Page 4
25B-13
25B-14
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
EASEMENT FOR CITY-OWNED
SANITARY SEWER FACILITIES
WITHIN ORANGE COUNTY FLOOD
CONTROL DISTRICT RIGHT-OF-WAY
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 an agreement with the Orange
County Flood Control District for the purchase of a sewer easement securing the City's interest in
sanitary sewer facilities located within the district right-of-way.
DISCUSSION
On March 19, 1962, the City obtained a permit from the Orange County Flood Control District
(OCFCD) to construct and maintain a sanitary sewer system within OCFCD right-of-way along
the Santa Ana River. This 10-inch sanitary sewer pipe and manholes serves approximately 280
residences and businesses near the Willowick Golf Course. Although the permit grants the City
permission to construct and operate the sewer facility, it does not convey any rights and is
revocable at any time. If OCFCD ever decided to sell their right-of-way, the City could possibly
be faced with relocating the sewer facilities.
Having recently discovered this oversight, staff is recommending purchase of the easement in the
amount of $19,800. This easement will secure the City's present and future interests in the
corridor, and allow for the continued use and operation of the sanitary sewer facility.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
25C-1
Easement for City-Owned Sanitary Sewer Facilities
January 22, 2013
Page 2
FISCAL IMPACT
Sanitary Sewer Service Funds are available in Account 05617640-66220 (Activity 10640101097).
APPROVED AS TO FUNDS AND ACCOUNTS:
fTqV
Raul Godinez II
Executive Directo
Public Works Agency
Francisco Gutierrez /Y
Executive Director
Finance & Management Services Agency
Exhibits: 1. Vicinity Map
2. Easement Deed and Agreement
3. Appraisal
25C-2
N
WESTMINISTER AVE
KEEL AVE
z
O
'gNn SUNSWEPT AVE
ON
y?
00
WASHINGTON (j,, V? MORNINGSIDE AVE
T9?tisiT
O?STR/c
T
H
Cn
z
O
Cf)
Q
WILLOWICK GOLF COURSE
MARLES LN
0
co
w
J
J
Q
CO
EASEMENT LOCATION
A
SEVENTH ST
1
/ Q
FIFTH ST ?
EXHIBIT 1
VICINITY MAP
NOT TO SCALE
Title= JcPS1O" F,?
City Council EASEMENT FOR SANITARY SEWER sa
Agenda Date FACILITY WITHIN ORANGE COUNTY ( k 1
kJANUARY 21, 2013 FLOOD DISTRICT RIGHT OF WAY
25C-3
25C-4
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Public Works Agency M-85
P.O. Box 1988
Santa Ana, CA 92702
Mail Tax Statements as shown above
Portions ofAPN: 198-151-33, 198-151-32,
198-151-11
THIS SPACE FOR RECORDER'S USE ONLY
DOCUMENTARY TRANSFER TAX $
- Computed on the consideration or value of property conveyed
- Exempt per Revenue & Taxation Code Section 11922
- Exempt from Recording Fees per Govt. Code Section 27383
By:
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
? Unincorporated Area
® Incorporated - City of Santa Ana
Parcel No: E01-81451, R1452
Project: SAR- Mar Les Drive-Sewer Line
EASEMENT DEED AND AGREEMENT
For valuable consideration, receipt of which is hereby acknowledged,
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as "DISTRICT,"
does hereby grant to
City of Santa Ana,
a municipal corporation,
hereinafter referred to as "GRANTEE," its, successor and assigns,
a non-exclusive sub-surface sewer easement in, under, through and across that certain real property
(hereinafter referred to as "Easement Area") described in "Exhibit A" and "Exhibit B," and illustrated in
"Exhibit A-1" and "Exhibit 13-1," respectively, which exhibits are attached hereto and made a part hereof.
DISTRICT and GRANTEE, may sometimes hereinafter be individually referred to as "Party" or jointly as
"Parties".
GRANTEE'S rights shall include the right to maintain, use, operate, alter, repair, replace, and reconstruct a
sub-surface sewer line and appurtenances ("Facilities") in, under, through, and across the Easement Area
which connect to sewer improvements on GRANTEE'S adjacent property, and shall include reasonable
access to the Easement Area for the purpose of exercising the rights herein granted. As of the recording date
of this Easement Deed and Agreement ("Easement Deed"), GRANTEE Facilities include an existing sewer
line installed pursuant DISTRICT Permit No. 02462, authorized by the Orange County Board of Supervisors
in an April 3, 1962 Minute Order ("Permit"). The Parties agree this Easement Deed replaces and supersedes
Exhibit 2
Sewer Easement - OCFCD to City of Santa Ana 1 10302012
25C-5
the Permit as of the recording date of this Easement Deed, and that all rights and obligations between the
Parties in respect to the Facilities shall be governed by the terms of this Easement Deed.
It is understood and agreed by the Parties hereto and their successor and assigns that said easement and right
of way herein granted in this Easement Deed shall be subject to the following terms, conditions, and
reservations:
1. CONSTRUCTION AND MAINTENANCE (PMES2.2S)
GRANTEE shall have all construction and/or maintenance plans approved in writing by DISTRICT'S
Director OC Public Works, or designee, (hereinafter referred to as "Director") prior to commencement of
any work in, on or about the Easement Area; and upon completion of any such work, GRANTEE shall
immediately notify Director in writing of such completion.
Director's approval of GRANTEE'S construction and/or maintenance plans shall not be deemed approval
from the standpoint of structural safety, suitability for purpose or conformance with building or other codes
or other governmental requirements. DISTRICT is not responsible for permitting of any construction and/or
maintenance, design, assumptions or accuracy of GRANTEE'S construction and/or maintenance plans.
Director will rely on the professional expertise of the Engineer of Record when approving GRANTEE'S
construction and/or maintenance plans.
GRANTEE hereby acknowledges that the Easement Area lies within a portion of DISTRICT'S flood control
facility, commonly referred to as the Santa Ana River Channel (hereinafter "the Channel").
GRANTEE shall perform all construction and/or maintenance in such a manner that will allow for
unobstructed flood control operations and maintenance of the Channel by DISTRICT.
Should it be necessary for GRANTEE to conduct any construction or excavation activities or otherwise
disturb the surface of the Easement Area, GRANTEE agrees to notify Director in writing sixty (60) days in
advance of such planned activities, obtain Director's written approval of all plans, and obtain a permit for
construction from the County of Orange ("County") with payment of normal processing fees prior to
commencement of any such activities. Said approval shall not be withheld unreasonably, nor shall said
approval be necessary in any emergency situation or in conducting routine maintenance activities which do
not involve disturbance of the surface area.
Except in areas in which such activities require regulatory agency approval, or are otherwise designated as
environmentally sensitive, GRANTEE shall have the right to cut such roots as may endanger or interfere
with GRANTEE'S Facilities provided, however, that any excavation shall be made in such a manner as will
cause the least injury to the surface of the ground and any improvements and/or landscaping around such
excavation, and that the earth so removed shall be replaced and the surface of the ground and any
improvements and/or landscaping around such excavation, damaged shall be promptly restored by
GRANTEE at its expense to the same condition as existed prior to excavation, to Director's satisfaction.
GRANTEE shall, at no cost to DISTRICT, maintain in good repair and in safe condition all Facilities
constructed, used, maintained or placed upon the Easement Area by or on behalf of GRANTEE pursuant to
this Easement Deed.
2. REMOVAL AND/OR ABANDONMENT (PMES3.1 S)
GRANTEE agrees that in the event (a) GRANTEE'S Facilities are no longer required, or (b) GRANTEE'S
use of said Facilities ceases for a continuous period of more than one (1) year without written notice from
GRANTEE to DISTRICT of the circumstances affecting such suspension and of GRANTEE'S intention to
resume usage of the Facilities, GRANTEE shall, at Director's request and at no cost to DISTRICT, remove
Sewer Easement - OCFCD to City of Santa Ana
10302012
25C-6
and/or abandon said Facilities within ninety (90) days after receipt of written notice from Director to remove
and/or abandon. Following such removal and/or abandonment, GRANTEE shall, at no cost to DISTRICT,
restore the Easement Area to the condition that existed prior to the granting of this Easement Deed, to
Director's satisfaction.
GRANTEE shall also execute and deliver to Director, within ninety (90) days of such removal and/or
abandonment, for recordation in the Official Records of Orange County, California, a Quitclaim Deed
sufficient to remove the encumbrance of this Easement Deed from title.
3. RELOCATION (PMES4.IN)
In the event, the Director determines that GRANTEE'S Facilities impede or interfere with the operation,
maintenance, replacement, or improvement of DISTRICT'S property for flood control purposes, DISTRICT
shall notify GRANTEE and consult with GRANTEE prior to designating a relocation site for GRANTEE'S
Facilities ("Relocation Site"). Director shall endeavor to select a Relocation Site that is reasonably
acceptable to GRANTEE, but the final selection of that site shall be at the sole and absolute discretion of
Director. GRANTEE shall, within ninety (90) days of receipt of written notice from Director designating the
Relocation Site, commence and diligently pursue to completion the relocation of GRANTEE'S Facilities to
the Relocation Site at GRANTEE'S expense.
Upon relocation of GRANTEE'S Facilities the Director shall, at GRANTEE'S expense, cause the legal
description and illustration of the Easement Area to be revised, and upon written approval of both Parties of
the revised legal description and illustration, this Easement Deed shall be amended with any revised legal
description and illustration attached thereto respectively designated as "Revised". The Parties agree that any
amended exhibit(s) and the re-recording of this Easement Deed shall not affect, alter, or change any of the
terms, conditions or reservations of this Easement Deed and further agree that the amended and re-recorded
Easement Deed shall relate back and be in place as of the initial recording date of this Easement Deed prior
to the revised exhibit. All other terms and conditions of this Easement Deed shall remain the same.
4. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.2S)
GRANTEE shall, at its own cost and expense, promptly and at all times observe, comply with and carry out
all present and future orders, regulations, directions, rules, laws, ordinances, permits and requirements of all
governmental authorities, including but not limited to environmental regulatory authorities, with jurisdiction
in, on, over and about the Easement Area, which arise from GRANTEE'S use of or performance of any
activities permitted to be conducted in, under, through, or across the Easement Area.
In addition, GRANTEE shall ensure that all construction in the Easement Area is performed in accordance
with any NPDES (National Pollutant Discharge Elimination System) permit requirements or other water
quality statutes, regulations, ordinances, or permits, applicable to the construction, including but not limited
to use of appropriate best management practices, so as to ensure that pollutants are not discharged into the
Channel nor into DISTRICT'S flood control system.
No approvals or consents given hereunder by DISTRICT, as a party to this Easement Deed, shall be deemed
approval as to compliance or conformance with applicable governmental codes, laws, rules or regulations.
5. HOLD HARMLESS (PMES7.2S)
GRANTEE acknowledges the Easement Area is in, on, or about DISTRICT'S Channel and may be subject to
all hazards associated with flood conditions. GRANTEE agrees to assume all risks, financial or otherwise,
associated therewith.
GRANTEE hereby releases and waives all claims and recourse against DISTRICT and County including the
Sewer Easement - CCFCD to City of Santa Ana
10302012
25C-7
right of contribution for loss of or damage to property, or injury to or death of any person arising from,
growing out of or in any way connected with or related to this Easement Deed including any damage to or
interruption of use of GRANTEE'S Facilities caused by erosion, flood, or flood overflow conditions of the
Channel, or caused by the operation, maintenance, repair, reconstruction, replacement, enlargement or
improvement of the Channel or by DISTRICT'S flood control operations, except claims arising from the
concurrent active or sole negligence of DISTRICT and/or County, their officers, agents, employees and
contractors.
GRANTEE hereby agrees to indemnify, defend (with counsel approved in writing by DISTRICT), and hold
harmless, DISTRICT and County, their elected and appointed officials, officers, agents, employees and
contractors against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any
persons or property, arising out of the maintenance, use of or operations or activities conducted in, on, or
over the Easement Area, and/or the exercise of the rights under this Easement Deed by GRANTEE, its
agents, officers, employees, invitees or licensees (collectively "GRANTEE'S Activities"), except for
liability arising out of the concurrent active or sole negligence of DISTRICT, and/or County, their elected
and appointed officials, officers, agents, employees or contractors including the cost of defense of any
lawsuit arising therefrom. If DISTRICT and/or County is/are named as co-defendant(s) in a lawsuit resulting
from GRANTEE'S Activities in, on, over or about the Easement Area, GRANTEE shall notify Director of
such fact and shall represent DISTRICT/County in such legal action. If judgment is entered against
DISTRICT/County and GRANTEE by a court of competent jurisdiction because of the concurrent active
negligence of DISTRICT/County and GRANTEE, DISTRICT and GRANTEE agree that liability will be
apportioned as determined by the court. Neither party shall request a jury apportionment.
GRANTEE acknowledges that it is familiar with the language and provisions of California Civil Code
Section 1542 which provides as follows:
A general release does not extend to claims which the creditor does not know or suspect
to exist in his or her favor at the time of executing the release, which, if known by him
or her must have materially affected his or her settlement with the debtor.
GRANTEE, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
provisions to the extent described in this section.
6. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.2S)
GRANTEE shall not cause or permit any "Hazardous Material," as hereinafter defined, to be brought upon,
kept, or used in or about the Easement Area. If GRANTEE breaches the obligations stated herein, or if
contamination of the Easement Area by Hazardous Material otherwise occurs for which GRANTEE is
legally liable to DISTRICT for damage resulting therefrom, then GRANTEE shall indemnify, defend with
counsel approved in writing by DISTRICT, and hold harmless, DISTRICT and/or County, and their elected
or appointed officials, officers, agents, and employees from any and all claims, judgments, damages,
penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the Easement
Area, sums paid in settlement of claims, attorney fees, consultant fees, and expert witness fees) which arise
during or after GRANTEE'S use of the Easement Area as a result of such contamination. This
indemnification includes, without limitation, costs incurred by DISTRICT in connection with any
investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any
federal, state, or local governmental entity or agency because of Hazardous Material being present in the soil
or ground water under the Easement Area. GRANTEE shall promptly take all action, at its sole cost and
expense, as is necessary to clean, remove, and restore the Easement Area to its condition prior to the
introduction of such Hazardous Material by GRANTEE, provided GRANTEE shall first have obtained
Director's written approval and the approval of any necessary governmental entities or agencies for any such
remedial action.
Sewer Easement - OCFCD to City of Santa Ana
10302012
25C-8
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste
which is or shall become regulated by any governmental entity or agency, including, without limitation, the
County, the state of California, or the United States government.
7. RESERVATIONS (PMES9.1 S)
DISTRICT hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial rights
in the Easement Area as will not unreasonably interfere with or prohibit the use by GRANTEE of the rights
and easement herein granted.
In the event DISTRICT exercises such rights to utilize the Easement Area which use results in the
disturbance of the Easement Area, DISTRICT'S only responsibility shall be to backfill with compacted earth
to the grade of the surrounding property following completion of DISTRICT'S activity. GRANTEE shall
restore GRANTEE'S Facilities to the design and grade approved as provided for in Section 1 above.
8. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES10.1N)
This Easement Deed is subject to existing contracts leases, licenses, easements, permits, encumbrances, and
claims, which may affect the Easement Area, and the use of the word "grant" herein shall not be construed as
a covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance to
GRANTEE of rights in the Easement Area which exceed those owned by DISTRICT, or any representation
or warranty, either express or implied, relating to the nature or condition of the Easement Area or
DISTRICT'S interest therein.
Without limiting the generality of the foregoing, GRANTEE acknowledges that (a) portions of the Easement
Area are used in common with the public as a trail and that (b) this Easement Deed is subject to the rights of
the Orange County Water District ("OCWD") pursuant to that certain Easement Deed and Agreement
recorded March 9, 2004 in Official Records, County of Orange as Instrument 200400186851, and subject to
an existing Orange County Sanitation District ("OCSD") Santa Ana River interceptor line illustrated in said
"Exhibit A-1" and "Exhibit B-1", GRANTEE shall endeavor to provide the OCWD and/or OCSD with
reasonable advance notice of any GRANTEE activities which may impact either party's use of areas enjoyed
in common by sending written notice to the relevant part at the address noted in Section 10 (Notices).
9. TAXES AND ASSESSMENTS (PMES 11.1 S)
Should this Easement Deed create a possessory interest which is subject to the payment of taxes levied on
such interest, it is understood and agreed that all taxes and assessments (including but not limited to said
possessory interest tax) which become due and payable upon the Easement Area or upon fixtures, equipment,
or other property installed, constructed or used by GRANTEE thereon in connection with this Easement
Deed, shall be the full responsibility of GRANTEE, and GRANTEE shall cause said taxes and assessments
to be paid promptly when due.
10. NOTICES (PMES 12.1 S)
All notices, documents, correspondence and communications concerning this Easement Deed shall be
addressed as set forth in this Section, or as the Parties may hereafter designate by written notice, and shall be
sent through the United States mail with postage prepaid. Any such mailing shall be deemed served or
delivered twenty-four (24) hours after mailing. Each Party may change the address for notices by giving the
other party at least ten (10) calendar days' prior written notice of the new address.
Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such other
Sewer Easement - OCFCD to City of Santa Ana
10302012
25C-9
communications to the other by personal delivery or by facsimile and so given shall be deemed to have been
given upon receipt if provided by personal delivery; or if by facsimile on the day transmitted provided
transmitted by 4:30 P.M. (PT) on the receiving Party's regular business day, otherwise delivery shall be
deemed to have been given on the next business day.
To DISTRICT:
To GRANTEE:
Orange County Flood Control District City of Santa Ana
c/o OC Public Works/Real Estate Services Public Works Agency M-85
Re: E01-R1451/2 SAR- City of Santa Ana Sewer P.O. Box 1988
300 N. Flower Street, 6th Floor Santa Ana, CA 92702
Santa Ana, CA 92703-5000 Facsimile:714/647-3345
Facsimile: 714/834-2870
To Orange County Water District:
Orange County Water District
10500 Ellis Avenue
Fountain Valley, CA 92708
Facsimile: 714/378-3381
To Orange County Sanitation District:
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Facsimile: 714/962-5018
11. VENUE (PMES 13.1 S)
The Parties hereto agree that this Easement Deed has been negotiated and executed in the state of California
and shall be governed by and construed under the laws of California. In the event of any legal action to
enforce or interpret this Easement Deed, the sole and exclusive venue shall be a court of competent
jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do hereby submit
to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the
Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to
another county.
12. WAIVER OF RIGHTS (PMES14.1 S)
The failure of DISTRICT to insist upon strict performance of any of the terms, covenants, or conditions of
this Easement Deed shall not be deemed a waiver of any right or remedy that DISTRICT may have, and shall
not be deemed a waiver of the right to require strict performance of all the terms, covenants, and conditions
of the Easement Deed thereafter, nor a waiver of any remedy for the subsequent breach or default of any
term, covenant, or condition of the Easement Deed.
13. SEVERABILITY (PMES15.1 S)
If any term, covenant, condition, or provision of this Easement Deed is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full
force and effect and shall in no way be affected, impaired or invalidated thereby.
14. ATTORNEYS' FEES (PMES 16.1 S)
In any action or proceeding brought to enforce or interpret any provision of this Easement Deed, or where
any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys' fees and costs.
15. SUCCESSORS AND ASSIGNS (PMES 18.1 S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators and assigns of the Parties hereto.
16. AUTHORITY (PMES20.1 S)
Sewer Easement - CCFCD to City of Santa Ana
10302012
25C-10
The Parties to this Easement Deed represent and warrant that this Easement Deed has been duly authorized
and executed and constitutes the legally binding obligation of their respective organization or entity,
enforceable in accordance with its terms.
Approved as to Form DISTRICT
Office of the County Counsel ORANGE COUNTY FLOOD CONTROL
Orange County, California DISTRICT
By:
Deputy
Date:
By:
Tony Bernard, Interim Manager
OC Facilities and Real Estate
Pursuant to Minute Order dated
September 28, 1993
GRANTEE'S SIGNATURE ON FOLLOWING PAGE
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On
20 - before me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
(Seal)
Sewer Easement - CCFCD to City of Santa Ana
Signature
10302012
25C-11
ATTEST:
GRANTEE
CITY OF SANTA ANA
Maria D. Huizar
Clerk of the Council By'
RECOMMENDED FOR APPROVAL:
Raul Godinez, 11
Executive Director
Public Works Agency
Approved as to Form:
Laura Sheedy
Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On
20 - before me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Sewer Easement - OCFCD to City of Santa Ana 8 10302012
Paul M. Walters
City Manager
ACKNOWLEDGMENT
25C-12
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest conveyed by this Easement Deed and Agreement from the
ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, to the CITY OF
SANTA ANA, a municipal corporation, is hereby accepted pursuant to authority granted to the undersigned
by order of the on , 20, subject to the terms, conditions and
reservations set forth therein, and GRANTEE consents to the recordation of said Easement Deed.
GRANTEE
Sewer Easement - OCFCD to City of Santa Ana
CITY OF SANTA ANA,
a municipal corporation
By:
Paul M. Walters
City Manager
Date:
10302012
25C-13
EXHIBIT A
LEGAL DESCRIPTION
SANTA ANA RIVER CHANNF.I,
Facilitv No.: E01
Parcel No.: 81451
A strip of land, 20.00 feet wide, in those portions of land in the City of Santa Ana, County of
Orange, State of California, as described in those certain deeds to the Orange County Flood
Control District recorded in the Official Records in the office of the County Recorder of'said
county, and referenced as follows.
Book 4386, Pare 151
Official Record No. 94-0003830
Official Record No. 94-0320770
Date Recorded, August 18, 1958
Date Recorded. January 4, 1994
Date Recorded. Mav 10. 1994
The northwesterly line of said strip being described as follows:
Beginning at a point on the centerline of Fifth Street distant thereon S. 89°32'20" E., 543.00 feet
from the intersection of said centerline with the centerline of Clinton Street as said intersection is
shows; on a map filed in book 146, pages 10 through 20 of Records of Survey in the office of said
County Recorder, said point also being on the northwesterly right of way of the Santa Ana River as
described in the deed to the Orange County Flood Control District recorded in said book 4386,
pa<ze 151 of Official Records, said point also being the beginning of a non-tangent curve, concave
southeasterly and having a radius of 11659.20 feet, to which beginning of curve a radial bears
N. 64°13'10.3" W.; thence Northeasterly, 1584.24 feet along said right of way and said curve
through a central angle of 07°47'07.1 ".
The sidelines of said strip shall be prolonged or shortened southwesterly to terminate at said
centerline of Fifth Street and northeasterly at the southwesterly line of parcel 20-B as described in
the final order of condemnation to Orange County Transit District recorded on January 5, 1983 as
Document No. 83-007859 of Official Records in the office of said County Recorder.
EXCEPT that portion lying southerly of a line that is parallel with and northerly 30.00 feet from
said centerline of Fifth Street.
Containing 0.71 Acres, more or less.
See EXHIBIT A-1 attached and by reference made a part.
APPROVED
pAVlp 4
?.?'`" ` A dLV v Date: i Z `Cs, t
NO, 5168
Jolin D. Pavlik L.S. 516, Exp. [-,/pira ion Date: June 30, 2011 6x30/11
25C-14
.
EXHIBIT A-1
O.C.F.C.D. 8
' '. OR#94-320770 R*1*
B
1
S9
N
SAR R/W 0.C.F.C
D
.
.
OR#94-003830
EXISTING 84'RCP
OCSO SANTA ANA RIVER INTERCEPTOR SEWER
(CENTERLINE SANTA ANA RIVER INTERCEPTOR
SEWER LINE PER ORANGE COUNTY SANITATION
TR
DIS
ICT NO.2 PLAN AND PROFILE SHEETS 22
& 23 BY LOWRY & ASSOC.. DATED 4-20-71 AS
d` 2o'
CONTRACT NO. 2-14-1). rL
v
R1451
WILLOWICK GOLF COURSE
?
0
SAR R/W
EXISTING CITY SEWER LINE
v
HI '
r
z i r
°
c
1r) c°
VI *- ------ -
FIFTH ST.
'- - - - -- - - - ----- - -- --•-
- -•?-
.
'
'
S89
32
20
E
543.00' N6473.
'
POB
ew
EXISTING MANHOLE COVER
ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING
RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS
PROJECT: SAR [E01] SEWER LINE WILLOWICK GOLF COURSE SCALE :1" = 180' ID # 2010-055
PREP. BY: ARA CHKD. BY: JDP DATE: 0426,11 EST.: REC. DATE: PAGE 1 OF 1
EXHIBIT B
LEGAL DESCRIPTION
SANTA ANA RIVER CHANNEL
Facility No.: E01
Parcel No.: 81452
A strip of land, 20.00 feet wide, in that portion of land in the City of Santa Ana; County of Orange,
State of California, described in the deed to the Orange County Flood Control District recorded in
book 4386, page 151 of Official Records in the office of the County Recorder of said county, the
northwesterly line of said strip being described as follows:
Beginning, at the northwesterly terminus of that certain course shown as having a bearing of
N. 52'43"37" W., and a length of 407.86 feet on sheet 2 of map filed in book 142, pages 36
through 41 of Records of Survcy in the office of said County Recorder, said point bcing the
intersection of the northeasterly right of way of parcel 20-A as described in the final order of
condemnation to the Orange County Transit District recorded on January 5, 1983 as Document No.
S3-0071159 of Official Records in the office of said County Recorder, and the northwesterly right of
way of the Santa Ana River as described in the deed to the Orange County Flood Control District
recorded in book 4386, page 151 of Official Records in the office of said County Recorder, said
point also being the beginning of a. non-tangent curve along said northwesterly right of way,
concave southeasterly and having a radius of 11459.16 feet, to which beginning of curve a radial
bears N. 55°59'25" W.; thence Northeasterly, 265.17 feet along said right of way of the Santa Ana
River and said curve through a central angle of 01 °19'33", thence N. 35°20`08" L., 242.09 feet.
The sidelines of said strip shall be prolonged or shortened southwesterly to terminate at the
northeasterly line of parcel 20-A as described in said final order of condemnation.
Containing 023 Acres, more or less.
See EXHIBIT B-1 attached and by reference made a part.
APPROVED
s G ? Date: QAV1
Jo .f
Jo D. Pavlik L.S 51 - 0 0?? 9l9?
I ?pir ion Date: June 30, 2011 a > N0. 5168
dj. Exp. 6/30/1, *.
25C-16
I
I EXHIBIT B-1 sAR? R/W
I
I
I
EXISTING CITY SEWER LINE
I ati /'/ •
I /
®- EXISTING MANHOLE COVER
R 1452)
I .: 4
.. i O • ? J
(O .
A
'
POB
EXISTING 84' RCP
OCSO SANTA ANA RIVER INTERCEPTOR SEWER
(CENTERLINE SANTA ANA RIVER INTERCEPTOR
SEWER LINE PER ORANGE COUNTY SANITATION
DISTRICT NO.2 PLAN AND PROFILE SHEETS 22
R
& 23 BY
& A
T
O
SS
W
Y
L
SSOC., DA
ED 4-20-71 AS
S
CONTRACT NO. 2-14-1).
I
? Q
00
?
'
' / ?'?•?, SAR R/W
??
/ 9e
00, '8s
,r sf
, 9
r ?
?
' ors
ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING
RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS
PROJECT: SAR [E01] SEWER LINE WILLOWICK GOLF COURSE SCALE :1" = 80' ID # 2010-055
PREP. BY: ARA CHKD. BY:JDP DATE: 0426/11 EST.: REC. DATE: PAGE 1 OF 1
APPRAISAL REPORT SUMMARY
PROPERTY IDENTIFICATION: OCFCD Parcel Nos. E01-R1451 & R1452
Northerly from Fifth Street along west levee
Subject Parcel(s): of Santa Ana River Channel, abutting easterly
boundaries of Willowick Golf Course and Mar
Les Drive
Larger Parcel: APN 405-21-121, Santa Ana
APPRAISER: Scott Burns, SR/WA
County of Orange
CLIENT AND USERS: OC Flood- Santa Ana River Project
PURPOSE OF APPRAISAL: Form an opinion of Fair Market Value
USE OF APPRAISAL: Basis of negotiations in establishing the
purchase price for voluntary sale of certain
sewer easement interests to the City of Santa
Ana.
PROPERTY INTEREST APPRAISED: Easement Interests for underground sewer
purposes
SITE AREA:
Subject Parcels: 0.71 Acres (E01-R1451)
0.23 Acres (E01-R1452)
Larger Parcel: 31.92 Acres
HIGHEST AND BEST USE:
Subject Parcels: Assemblage with Adjoining Ownerships
Larger Parcel: Open Space
REPORT DATE: May 31, 2011
DATE OF VALUE: May 26, 2011
VALUE CONCLUSION:
Parcel No. E01-R1451 $ 6,000
Parcel No. E01-R1452 $ 13,800
Exhibit 3
25C-18
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
COOPERATIVE AGREEMENTS WITH ? As Recommended
OCTA FOR IMPLEMENTATION OF El Amended
El Or dinance on 1S` Reading
REGIONAL TRAFFIC SIGNAL ? Ordinance on 2"d Reading
SYNCHRONIZATION PROJECTS (136789 ? Implementing Resolution
AND 136790) ? Set Public Hearing For_
CITY MANAGER
RECOMMENDED ACTION
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute cooperative agreements with the
Orange County Transportation Authority, subject to non-substantive changes approved by the
City Manager and City Attorney, to implement two Measure M2 Regional Traffic Signal
Synchronization Projects.
DISCUSSION
On November 28, 2011, Council authorized staff to submit joint applications with other agencies
for funding under the renewed Measure M2 Regional Traffic Signal Synchronization Program, to
provide interjurisdictional traffic signal synchronization and improvements along several corridors
in the city.
On October 15, 2012, the Orange County Transportation Authority (OCTA) Board approved the
local agencies' funding request for implementation of traffic signal synchronization and
improvements on the following corridors:
• First Street/Bolsa Avenue from Edwards Street to Newport Avenue
• Edinger Avenue from Bolsa Chica Street to SR-55 Freeway
The other local agencies participating in these two corridors are the Cities of Westminster,
Huntington Beach, Fountain Valley, Tustin, and the County of Orange. The Measure M2 grant
awards and local agency 20 percent match requirements are as follows:
Total Project Costs Santa Ana Portion
Corridors Total M2 Grant 20% Match M2 Grant 20% Match
First Street/Bolsa Avenue $1,225,000 $980,000 $245,000 $612,250 $122,450
Edinger Avenue $926,750 $683,800 $185,350 $558,250 $117,650
25D-1
Cooperative Agreements with OCTA
January 22, 2013
Page 2
OCTA will be the lead agency in implementing the projects. Each cooperative agreement
identifies the roles and responsibilities of OCTA and the local agencies. The agreements also
stipulate that OCTA is committed to funding and implementing the projects, and will provide
oversight to maintain interjurisdictional synchronization on the projects during the three-year grant
period.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Traffic Congestion Relief HUT Funds (Account 05917663-66220) are available for the total local
match of $240,100 in Projects 136789 and 136790.
APPROVED AS TO FUNDS AND ACCOUNTS:
tr:? -
Raul Godinez II
Executive Director
Public Works Agency
Francisco Gutierrez'
Executive Director
Finance & Management Services Agency
RG/VN
Exhibits: 1. Cooperative Agreement No. C-2-1992
2. Cooperative Agreement No. C-2-2030
25D-2
Exhibit 1
1 COOPERATIVE AGREEMENT NO. C-2-1992
2 BY AND BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 THE CITIES OF SANTA ANA, TUSTIN, AND WESTMINSTER
6 AND
7 THE COUNTY OF ORANGE
8 FOR
9 IMPLEMENTATION OF
10 THE BOLSA AVENUE/FIRST STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
11 FUNDED AS PART OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
12 PROGRAM (PROJECT P)
13 THIS AGREEMENT, is effective this _ day of , 2012 by and between the
14 Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California
15 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"),
16 and the Cities of Santa Ana, Tustin, Westminster, and the County of Orange (hereinafter referred to as
17 the "PARTICIPATING AGENCIES").
18 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES are
19 working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the
20 Renewed Measure M (M2) Regional Traffic Signal Synchronization Program Project P (Project P) to
21 enhance countywide traffic flow and reduce congestion; and
22 WHEREAS, the AUTHORITY has completed the competitive 2012 Call for Projects (hereinafter,
23 "2012 CALL") in support of Project P and awarded Project P funds based on the application
24 (hereinafter, "APPLICATION") prepared by the City of Santa Ana (hereinafter referred to as the
25 "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along Bolsa
26 Avenue/First Street (hereinafter, "PROJECT'); and
Page 1 of 15
25D-3
COOPERATIVE AGREEMENT NO. C-2-1992
1 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected
2 to designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry
3 out the signal coordination PROJECT; and
4 WHEREAS, the PROJECT will include approximately forty-nine (49) traffic signals as
5 identified in the APPLICATION and illustrated in the PROJECT Scope of Work, which is attached
6 and referred to herein as Attachment A; and
7 WHEREAS, the PROJECT will include elements identified in the APPLICATION including
8 certain hardware and software upgrades to traffic controllers, traffic telecommunications and intertie
9 systems, central traffic master controllers and associated systems (hereinafter collectively referred
10 to as "TRAFFIC CONTROL ELEMENTS"), will be constructed and or installed and implemented as
11 part of the PROJECT as identified in Attachment A; and
12 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to.
13 coordinate the inclusion of other traffic control elements that must be installed at the same time as
14 the construction of the PROJECT that are NOT included in Attachment A and will be the
15 responsibility of the AGENCY owning each and any of those traffic control elements during the
16 course of the project; and
17 WHEREAS, the AUTHORITY agrees to implement the PROJECT based on Attachment A.
18 WHEREAS, the PARTICIPATING AGENCIES agree to a combined cash and in-kind match of
19 two hundred, forty-five thousand dollars ($245,000.00), equivalent to twenty percent (20%) of the
20 PROJECT cost (see Attachment B); and
21 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
22 Agreement to implement the PROJECT in support of Project P as part of M2; and
23 WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding
24 responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation
25 of the PROJECT.
26 WHEREAS, the Orange County Transportation Authority Board of Directors approved funding
256 2 o f 15
COOPERATIVE AGREEMENT NO. C-2-1992
1 for the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative
2 agreement on October 15, 2012.
3 WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the day
4 of , 20
5 WHEREAS, the CITY of Tustin's City Council approved this Agreement on the day of
6 ,20
7 WHEREAS, the CITY of Westminster's City Council approved this Agreement on the
8 day of , 20
9 WHEREAS, the County of Orange's Board of Supervisors approved this Agreement on the
10 day of 120 ; and
11 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the
12 PARTICIPATING AGENCIES as follows:
13 ARTICLE 1. COMPLETE AGREEMENT
14 A. This Agreement, including any attachments incorporated herein and made applicable by
15 reference, constitutes the complete and exclusive statement of the terms and conditions of this
16 Agreement between AUTHORITY and the PARTICIPATING AGENCIES and it supersedes all prior
17 representations, understandings and communications between the parties. The invalidity in whole or in
18 part of any term or condition of this Agreement shall not affect the validity of other term(s) or
19 conditions(s) of this Agreement. The above referenced Recitals are true and correct and are
20 incorporated by reference herein.
21 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
22 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
23 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or
24 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force
25 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except
26 /
256- of 15
COOPERATIVE AGREEMENT NO. C-2-1992
1 when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a
2 written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
3 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's
4 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
5 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of
6 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force
7 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
8 AGENCIES except when specifically confirmed in writing by an authorized representative of
9 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
10 accordance with the provisions of this Agreement.
11 ARTICLE 2. SCOPE OF AGREEMENT
12 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the
13 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree
14 that each will cooperate and coordinate with the other in all activities covered by this Agreement and
15 any other supplemental agreements that may be required to facilitate purposes thereof.
16 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
17 AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
18 A. AUTHORITY shall implement the PROJECT based on the APPLICATION prepared by
19 the APPLICANT AGENCY in accordance with the policies and procedures contained in the CTFP
20 Guidelines.
21 B. AUTHORITY shall provide oversight in order to maintain inter jurisdictional traffic signal
22 operational integrity between PROJECT and other existing and new M2 Project P funded projects.
23 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation
24 necessary to acquire a Categorical Exemption from CEQA for PROJECT.
25 D. AUTHORITY shall perform web-based public outreach activities for the project to
26 communicate major project milestones and results.
Page 4 of 15
25D-6
COOPERATIVE AGREEMENT NO. C-2-1992
1 E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements
2 as described in CTFP.
3 F. AUTHORITY, or agents of AUTHORITY, may upon close-out of PROJECT under this
4 Agreement, perform a technical and or field review to ensure that the CTFP Guidelines policies and
5 procedures were followed. Such a review may be performed one hundred and eighty (180) days after
6 the PROJECT three-year grant period is complete. If the technical and or field review determines that
7 any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must
8 return the amount of funding used to perform the ineligible activity to AUTHORITY.
9 G. AUTHORITY will invoice the PARTICIPATING AGENCIES as identified in the
10 PROJECT 2012 CALL APPLICATION and Attachment B for the dollar match at the start of the
11 PROJECT.
12 H. AUTHORITY will request updates on the PROJECT as part of semi-annual review
13 process, including documentation of in-kind match conforming to Attachment B and will include the
14 PROJECT in the list of active projects in OCFundtracker until completion of the three year grant period.
15 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase
16 orders.
17 ARTICLE 4. RESPONSIBILITES OF THE AUTHORITY AS PROJECT LEAD AGENCY
18 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the
19 implementation of the PROJECT:
20 A. AUTHORITY will act as the LEAD AGENCY for the work necessary to manage, procure,
21 and complete the PROJECT as identified in Attachment A.
22 B. To coordinate outreach with the PARTICIPATING AGENCIES for the PROJECT.
23 C. To collect manual intersection movement and automated machine traffic counts.
24 D. To develop new timing plans optimized for signal synchronization.
25 E. To provide updated timing plans and traffic count data to the PARTICIPATING
26 AGENCIES.
Page 5 of 15
25D-7
COOPERATIVE AGREEMENT NO. C-2-1992
1 F. To prepare a "Before and After Study" for the PROJECT. As described in the Measure
2 M2 Eligibility Guidelines adopted by the AUTHORITY, the "Before and After Study" for the project is
3 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section
4 8.111.9) for the project. The AUTHORITY shall provide the "Before and After Study" to the
5 PARTICIPATING AGENCIES in draft and final formats for comment and comments shall be noted in
6 the final study.
7 G. To provide Ongoing Monitoring and Maintenance of optimized signal timing after
8 Primary Implementation of the PROJECT is completed and continue until the end of the three year
9 grant period.
10 ARTICLE 5. RESPONIBILITES OF THE PARTICIPATING AGENCIES
11 The PARTICIPATING AGENCIES agree to the following responsibilities for implementation
12 and funding of the PROJECT:
13 A. Provide a technical representative to meet and participate as a member of the
14 PROJECT's Traffic Forum.
15 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of the
16 PROJECT.
17 C. To participate and support the PROJECT implementation within the timeframe
18 outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the
19 AUTHORITY.
20 D. To provide the AUTHORITY all current intersection, local field master, and or central
21 control system timing plans and related data upon request.
22 E. To provide the local match and or documentation for the in-kind services for the
23 PROJECT in accordance with Attachment B. Failure to provide included match and or evidence of
24 in-kind service may result in the loss of future participation for competitive funds.
25 F. PARTICIPATING AGENCIES that have included a dollar match as identified in
26 Attachment B shall provide payment for the dollar match to the AUTHORITY within 30 calendar days
Page 6 of 15
25D-8
COOPERATIVE AGREEMENT NO. C-2-1992
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
of receipt of an invoice.
G. PARTICIPATING AGENCIES that have included an in-kind match as identified in
Attachment B shall provide documentation of conformance as part of the semi-annual review process.
H. PARTICIPATING AGENCIES shall provide updates to the AUTHORITY on the
PROJECT as part of semi-annual review process until completion of the three year PROJECT grant
period. Documents to be provided include, but are not limited to, payroll records, contracts, and
purchase orders.
1. PARTICIPATING AGENCIES shall continue Ongoing Monitoring and Maintenance after
the three year grant period is complete and continue until the end of the PROJECT if specked in the
APPLICATION.
ARTICLE 6. DELEGATED AUTHORITY
The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this
Agreement are delegated to its City Managers, or equivalent 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 7. AUDIT AND INSPECTION
AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in
accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING
AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work,
materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a
period of five (5) years after final payment, or until any on-going audit is completed. For purposes of
audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of
PARTICIPATING AGENCIES' final billing (so noted on the invoice), if applicable, under this Agreement.
AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above
provision with respect to audits shall extend to and or be included in contracts with PARTICIPATING
AGENCIES' contractor.
Page 7of15
25D-9
COOPERATIVE AGREEMENT NO. C-2-1992
ARTICLE 8. INDEMNIFICATION
1
A. Each PARTICIPATING AGENCY shall jointly and severally indemnify, defend and hold
2
harmless the AUTHORITY, it's officers, directors, employees and agents from and against any and all
3
claims (including attorney's fees and reasonable expenses for litigation and settlement) for any loss or
4
damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or
5
willful misconduct by the PARTICIPATING AGENCY, its officers, directors, employees or agents in
6
connection with or arising out of the performance of this Agreement.
7
B. The PARTICIPATING AGENCIES shall maintain adequate levels of insurance, or self-
8
insurance to assure full indemnification of AUTHORITY.
9
C. AUTHORITY shall indemnify, defend and hold harmless the PARTICIPATING
10
AGENCIES, its officers, directors, employees or agents, and or its officers, directors, employees or
11
agents from and against any and all claims (including attorney's fees and reasonable expenses for
12
litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused
13
by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees
14
or agents in connection with or arising out of the performance of this Agreement.
15
D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to assure full
16
indemnification of the PARTICIPATING AGENCIES.
17
ARTICLE 9. ADDITIONAL PROVISIONS
18
A. Term of Agreement: This Agreement shall continue in full force and effect until
19
December 31, 2015.
20
B. This Agreement may be extended or amended in writing at any time by the mutual
21
consent of both parties. No amendment shall have any force or effect unless executed in writing by
22
both parties.
23
C. The AUTHORITY and the PARTICIPATING AGENCIES agree to work together in good
24
faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the
25
performance of this Agreement.
26
Page 8 of 15
25D-10
COOPERATIVE AGREEMENT NO. C-2-1992
1 D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES hereto
2 represent that they are authorized to execute this Agreement on behalf of said parties and that, by so
3 executing this agreement, the parties hereto are formally bound to the provisions of this Agreement.
4 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be
5 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
6 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
7 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
8 F. Counterparts of Agreement: This Agreement may be executed and delivered in any
9 number of counterparts, each of which, when executed and delivered shall be deemed an original and
10 all of which together shall constitute the same agreement. Facsimile signatures will be permitted.
11 G. In the event that the PROJECT Costs exceed the estimates as submitted in the
12 APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine
13 PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES
14 which shall be documented and submitted in writing as a revision to the agreement.
15 H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal,
16 state and local laws, statutes, ordinances and regulations of any governmental authority having
17 jurisdiction over the PROJECT.
18 I. Force Maieure: Either Party shall be excused from performing its obligations under this
19 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
20 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
21 commandeering of material, products, plants or facilities by the federal, state or local government;
22 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of
23 such cause is presented to the other Party, and provided further that such nonperformance is
24 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
25 J. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or
26 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
Page 9 of 15
25D-11
COOPERATIVE AGREEMENT NO. C-2-1992
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
of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
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.
K. 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.
L. Governing Law: The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
M. 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.
N. Notices: Any notices, requests, or demands made between the parties pursuant to this
Agreement are to be directed as follows:
To CITY OF SANTA ANA: To COUNTY OF ORANGE:
City of Santa Ana County of Orange
Public Works Agency
300 North Flower Street
20 Civic Center Plaza, M-43
Santa Ana, CA 92703
Santa Ana, CA 92701
Attention: Vinh Nguyen Attention: Isaac Alonso Rice
Senior Civil Engineer Traffic Engineer
Tel: 714/647-5612 Tel: 714/245-4569
Email: vnquyen(a.santa-ana.orq Email: isaac.alonso.rice(o)-ocpw.ocgov.com
1
296 10 1 ? 5
2
COOPERATIVE AGREEMENT NO. C-2-1992
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
To CITY OF TUSTIN: To CITY OF WESTMINSTER:
City of Tustin City of Westminster
300 Centennial Way
Tustin, CA 92780 8200 Westminster Boulevard
Westminster, CA 92683
Attention: Dana R. Kasdan, P.E.
Engineering Services Manager Attention: Adolfo Ozaeta
Traffic Engineer
Tel: 714/573-3150 Tel: 714/548-3462
Email: dkasdan(c),tustinca.org email: aozaeta(5.westminster-gLM
To AUTHORITY:
Orange County Transportation Authority
550 South Main Street
Orange, CA 92863-1584
Attention: Venita Todd
Senior Contracts Administrator
Tel: 714/560-5446
Email: vtodd@octa.net
Page 11 of 15
25D-13
COOPERATIVE AGREEMENT NO. C-2-1992
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
46,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
No. C-2-1992 to be executed on the date first above written.
CITY OF SANTA ANA
By:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
Paul Walters Meena Katakia
City Manager Manager, Capital Projects
ATTEST: APPROV RECOMMENDED:
By: By:
Maria D. Huizar Kennard R. Smart, Jr.
City Clerk General Counsel
APPROVED AS TO FORM:
By:
Sonia Carvalho
City Attorney
Dated:
Page 12 of 15
2501-14
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
COOPERATIVE AGREEMENT NO. C-2-1992
IN WITNESS WHEREOF, the parties hereto have
No. C-2-1992 to be executed on the date first above written.
COUNTY OF ORANGE
By:
John M. W. Moorlach
Chairman, Board of Supervisors
ATTEST:
By:
Susan Novak
Clerk of the Board
APPROVED AS TO FORM:
By:
Dated:
Page 13 of 15
25D-15
COOPERATIVE AGREEMENT NO. C-2-1992
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
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
No. C-2-1992 to be executed on the date first above written.
CITY OF TUSTIN
By:
John Nielsen
Mayor
ATTEST:
By:
Pamela Stoker
City Clerk
APPROVED AS TO FORM:
By:
David E. Kendig
City Attorney
Dated:
Page 14 of 15
25D-16
COOPERATIVE AGREEMENT NO. C-2-1992
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
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
No. C-2-1992 to be executed on the date first above written.
CITY OF WESTMINSTER
By:
Margie L. Rice
Mayor
ATTEST:
By:
Robin Roberts
City Clerk
APPROVED AS TO FORM:
By:
Richard Jones
City Attorney
Dated:
Page 15 of 15
25D-17
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
SCOPE OF WORK
Bolsa Avenue / First Street Corridor
TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
The Orange County Transportation Authority (Authority or OCTA) desires to provide the
components necessary to improve and enhance signal timing and synchronization
services and operations for all signalized intersections on the Bolsa Avenue / First
Street Corridor Traffic Signal Synchronization Project (PROJECT).
This approximately twelve (12) mile stretch of PROJECT includes forty-nine (49)
signalized intersections and includes four (4) Orange County agencies (AGENCY or
AGENCIES). The street was proposed for synchronization by the City of Santa Ana as
part of the 2012 Project P corridors from Renewed Measure M (M2). The term
PARTIES shall refer to all participating AGENCIES and OCTA
The PROJECT passes through the cities of Santa Ana, Tustin, Westminster, and the
County of Orange. Signals along the corridor are controlled by these AGENCIES. The
AGENCIES along the corridor utilize several different types of controllers, including
Type 170 C8, Type 2070, NEMA TS - 1, 2 by Econolite, and other manufacturer's each
with their own respective firmware or operating systems and characteristics.
The main goals and objective of this project is to:
• Perform an operations and timing analysis to develop and implement optimized
traffic signal synchronization timing, including the development and
implementation of timing plans at all signalized intersections;
• Determine and make recommendations for all traffic signal equipment and
infrastructure related solely to improve and/or enhance synchronization; and
• Upon approval by the owning AGENCY and OCTA, procure, furnish and install
all approved infrastructure improvements for PROJECT.
The implementation of the new optimized timing and infrastructure improvements will:
• Provide signal synchronization timing for prevailing traffic patterns
• Maximize the number of intersections traversed on a green indication vs. those
stop by a red indication
• Reduce stops, decrease travel times, and reduce overall delay,
• Reduce emissions and Green House Gases (GHG); and
• Provide a continuing foundation for interjurisdictional cooperation in coordination
of interactive but autonomous local AGENCY traffic signal systems.
The following specific tasks are required to be performed in the course of providing
service for the traffic signal coordination project. Tasks are listed in sequential order for
clarity. However, some tasks may run concurrently or commence prior to the order
listed.
2501-18
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
Task 1: Project Management
Task 1: Project Management is ongoing throughout the duration of the project. This
task includes day-to-day project management, such as meetings, progress reports,
tracking of schedules, invoicing, and overall administration of the project. The project
management team, comprised of Authority personnel, and the On-Call Traffic
Engineering Consultant (CONSULTANT), acts as an extension of the Authority staff and
will act in that capacity at meetings with the respective corridor AGENCIES. The
following list is a minimum of what is required of this task:
1. The selected CONSULTANT for PROJECT shall prepare a detailed Project
Management Plan (PMP) that includes budget and schedule estimates for all of the
tasks described in the Scope of Work, providing specific project milestones for
review and approval by the Authority Project Manager (APM) or designated
representative. These items shall be detailed and include expected meetings,
activities (by work task, whether performed by CONSULTANT team or by others),
start dates, activity durations, product submittal dates, relationships among work
tasks (including critical path items), and a detailed flow chart for the project tasks,
and float time. CONSULTANT shall finalize the report based on comments received
from the project sponsor, other involved AGENCIES, and APM and/or Authority staff.
2. CONSULTANT shall lead a two (2) stage Project Kick-Off Meeting with the APM and
AGENCY representatives.
a. The first stage will be to kick-off the project with the APM; establish
communication channels and protocols discuss the scope of work, schedule,
and budget; gather available information; and obtain a thorough
understanding of the goals for the project. Specific topics to discuss include
data collection needs, specific Synchro/SimTraffic version 8.0 and Tru -
Traffic version 10.0 modeling needs, specific training needs for
Synchro/SimTraffic, Tru-Traffic, and other programs or firmware specified
herein, and specific construction items and procurement methodologies, and
PROJECT schedule.
b. The second stage of the meeting will be with the CONSULTANT, APM, and
AGENCY representatives that have signalized intersections along the
PROJECT. Data collection needs and requirements shall be outlined to the
involved AGENCIES. CONSULTANT shall notify each AGENCY of the type
of work, and when the work is to be performed within that AGENCY.
CONSULTANT shall notify each participating AGENCY any and all
documents that need to be produced pertaining to the construction of the
facilities and the coordination, including but not limited to: as-built drawings,
new Plans, Specifications and Estimates for new construction to be built as
part of this project (PS&E), Intersection Timing Charts, Existing Synchro
Models, Aerial photos, ADT and TMC data, etc. The APM may assist in this
endeavor to facilitate time constraints.
2
25D-19
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
3. CONSULTANT shall lead project meetings as directed by the Authority to include the
CONSULTANT staff, APM, and other project related participants. The purpose of
these meetings will be to ensure that proper input is being received by
CONSULTANT and the Authority and that it is included in the work effort.
a. CONSULTANT shall prepare agendas, provide status updates, discuss the
progress and direction of the work, and provide notes of these meetings as
directed by the Authority to all participants. These meetings will also serve to
provide feedback between the project development team and
CONSULTANT regarding specific issues of the effort, including facilitating
the development of measures of effectiveness, construction alternatives and
mitigations, and as specified in later tasks.
4. CONSULTANT' shall attend and be an active presenter at the Authority-led Intelligent
Transportation Systems (ITS) Roundtable, updating the group on the effort, its status,
and other items as determined by Authority staff. The ITS Roundtable is a semi -
annual forum envisioned to further communication and information exchange
between the Authority and the local AGENCIES regarding signal coordination and
ITS.
5. CONSULTANT shall attend and present at four (4) Board/Committee meetings to
summarize the findings. CONSULTANT shall attend and present at other AGENCY
committee meetings, and intergovernmental meetings as directed by the Authority.
The purpose of these meetings may be to inform attendees about the project, signal
synchronization in general, the PROJECT potential strategies, and other relevant
information.
a. At a minimum, a total of 10 monthly project team meetings, 2 Board, 2
committee, and 6 project team and other meetings shall be used for
scheduling and budgeting purposes.
Deliverables - Task 1:
1. Lead a 2 Stage Project Kick-off Meeting and prepare agenda and meeting materials.
2. Detailed Project Management Plan - one per participating party.
3. Monthly progress reports (electronic master and two copies) including status of the
work effort and updated schedule. Draft and Final Project Reports.
a. Consultant shall also submit a weekly summary of work performed in rich text
format for OCTA internal usage.
b. Monthly progress reports to AGENCIES upon request.
4. Attend Monthly project team meetings and prepare meeting materials, including
agenda, action items, graphics, presentation aides, and notes.
5. Electronic versions of all data files as directed by Authority.
6. Graphics and presentation aides required for all meetings.
7. All documents provided in electronic form should be of currently used OCTA MS
Word 2007 format.
8. All electronic data produced for this project shall be provided on CD-R.
3
2501-20
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
Task 2: Data Collection
CONSULTANT shall collect the following data necessary to thoroughly understand
existing traffic conditions in the study area and be able to develop optimal time-of-day
traffic signal coordination plans, if applicable.
1. From the involved AGENCIES and or Authority, CONSULTANT shall collect existing
timing charts/sheets, existing coordination plans, traffic as-built drawings, aerial
photos, maps, traffic collision data as available, and collision diagrams for the study
intersections, if available. CONSULTANT shall also collect any off the shelf plans
(PS & E) for construction of any and all traffic signal coordination/synchronization
related plans, specifications and estimates for the corridor. CONSULTANT, if
requested by the involved AGENCY, will provide their own staff to review available
records/plans and request copies of needed records/plans with a minimum of
disruption to the involved AGENCY.
2. From the involved AGENCIES, CONSULTANT shall collect signal timing and signal
priority preferences, including, but not limited to, those related to pedestrian and
bicycle timing, phase sequence modifications and preferences, and special
operations such as conditional service, coordination preferred phase re - service,
and ring - barrier logic, as well as the timing optimization software preference.
3. CONSULTANT shall conduct seven-day 24-hour machine counts along each 1 mile
segment of PROJECT. Additionally, CONSULTANT will collect 24-hour vehicle
classification counts using a machine at four (4) locations on PROJECT to determine
heavy vehicle (truck) percentage information. Data obtained from Saturday and
Sunday counts will determine the necessity of weekend signal timing.
4. CONSULTANT shall conduct weekday and weekend peak period turning movement
counts (TMC) at each and every of the PROJECT signalized intersections, including
pedestrian and bicycle counts. No other types of TMC classification shall be
necessary. Weekday counts shall be conducted for two hours of each peak period
(AM, mid-day, and PM). If needed, after analyzing the seven-day 24-hour machine
counts, weekend counts shall be conducted at each and every of the PROJECT
signalized intersections for a single two hour Saturday mid-day peak period. For
intersections with more than 2 through lanes in any of the approaches, a minimum of
2 people per intersection is required.
a. CONSULTANT, APM, and Local AGENCIES shall determine locations for
special video recording of bicycle and pedestrian activity for specific data
collection in support of upcoming changes to the CA MUTCD. Video
recording and data reduction shall be required at minimum 6 locations.
b. CONSULTANT and designated sub consulting Traffic Counting Firm shall be
cognizant of the fact that queuing of right turn vehicles or left turn vehicles
4
25D-21
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
that do not pass the limit line for counting purposes during the count time
period shall also be counted as part of the quarter hour period in which they
occur. .
c. TMCs, supplied by an alternate viable source, for an intersection that are s 2
years of age may used in lieu of a manual count.
5. All counts shall be summarized in MS Excel 2007 format. Copies of the raw data
count sheets will be provided to each involved AGENCY.
Deliverables - Task 2:
1. Report summarizing data collection effort, including intersection turning counts,
traffic collision analysis, current traffic signal timing patterns, and drawings of
intersection features.
2. Electronic versions of all data files (See CTFP Guidelines for ROADS requirements)
3. Raw video footage of intersections receiving Video Counting to OCTA only.
4. Deliverables of Task 1 and Task 2 to AGENCIES shall be limited to political
boundaries.
Task 3: Field Review, Plans Specifications and Estimates, Design Standards and
Requirements
CONSULTANT shall review the geometric layout, existing traffic signal
equipment and signal synchronization related infrastructure, and identify any
deficiencies for each intersection and along the whole corridor. The review shall
include an assessment of the existing intersection geometry, traffic conditions,
and traffic signal control equipment and telemetry/interconnect facilities along the
corridor and of each intersection using observation, available as-built plans,
consultation with the local AGENCIES, and AGENCY supplied aerial photos.
CONSULTANT will use a standard field form developed by CONSULTANT for
this review that accounts for each piece of intersection data required. With
permission of the local AGENCIES, CONSULTANT will inspect the interior of
each traffic control cabinet, inspect the telemetry systems and determine their
respective 'condition and make recommendations for equipment upgrades.
CONSULTANT is advised that certain infrastructure and equipment upgrades
have been identified previously by the AGENCIES and reviewed by the APM and
shall be a requirement of this project. These items are identified subsequently
within this document.
2. CONSULTANT shall also include an identification of all planned and programmed
improvements (widening projects, intersection improvements, etc.) on the study
corridor. The identification of these projects should be at minimum a list summarizing
all improvements.
3. Key components of the corridor review shall include, at minimum, the following:
5
2501-22
COOPERATIVE AGREEMENT NO. C-2-9992
ATTACHMENT A
• Corridor lane configurations and lane widths;
• Existing street and lane geometries, curbs, and medians;
• Upcoming improvements to the corridor;
• Traffic signs and pavement markings at all PROJECT intersections,
approaches to cross streets, and along PROJECT corridor;
• Traffic signal control device information, such as type of device, brand and
make, condition of equipment. Intersection Photographic Documentation Log
shall be required;
• Existing signal operation characteristics - signal phasing, cycle lengths, phase
sequence alteration, and protective-permissive, etc.;
• Existing controller and telemetry/interconnect equipment;
• Existing time-referencing setup;
• Existing Central Master Equipment;
• Existing Field Master Equipment;
• Open each controller cabinet and take digital photos of all equipment inside;
• Note any deficiencies of traffic control equipment at each intersection; and
• Note the maintenance condition or existence of the traffic signal equipment,
controllers and synchronization related infrastructure.
CONSULTANT shall also investigate factors that are expected to affect signal
progression including, but not limited to: intersections with high pedestrian or bicyclist
volumes; over-saturated intersections; uneven lane distribution; high volumes of
trucks and buses; high-volume un-signalized intersections, including interchanges;
parking maneuvers; presence and location of bus stops; differing signal timing
patterns among AGENCIES; etc.
With the view of assisting, enhancing, and improving the traffic operations along this
corridor, CONSULTANT shall identify any deficiencies of the existing traffic signal
control and telemetry infrastructure, and geometric layout, and provide
recommendations towards simple solutions that may be implemented to correct such
deficiencies.
CONSULTANT shall prepare a report summarizing the findings of the field review.
If deemed necessary by the APM or through request of an AGENCY through the
APM, CONSULTANT shall prepare any design construction documents in the form of
sketches to full-fledged Plans Specifications and Estimates (PS & E). CONSULTANT
shall prepare such plans for use in the construction of the PROJECT per each
respective AGENCY's standards. CONSULTANT shall supply such documentation
to the APM and the AGENCY owning the affected facility for approval prior to
commencing any construction. Construction documents will be used during the
course of construction by AGENCY for inspection services. CONSULTANT shall
modify documents subject to approved construction completion to owning AGENCY
as an As - Built document. Cost for production, reproduction, inspection services,
and as - built services are part of the Full Fixed Price of the Contract and/or CTO and
no additional compensation shall be allowed, therefore.
6
25D-23
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
CONSULTANT will be required to design, procure, install, construct, and implement
all desired components of the PROJECT as described in this document.
CONSULTANT shall negotiate with OCTA and AGENCIES at the beginning of
PROJECT to determine what actually shall be installed and implemented to maintain
budgetary control.
CONSULTANT, if required to install or replace any traffic signal control equipment
whether local intersection or central systems, shall perform due diligence in the
determination bf what types of systems are to be installed. NTCIP compatible
systems shall be installed. Closed Loop Systems shall not be supplied nor installed.
Sole Source systems or systems that are a linked subset or part of a sole source
central system are not to be installed unless verification of need can be demonstrated
to OCTA APM and CAMM Contract Administration per OCTA standards and policies.
In the circumstance where a local intersection system controller is a necessary sole
source and there is no alternate substitute, the CONSULTANT shall procure the sole
source local intersection controller unit. The controller assembly and appurtenances
housing the local intersection system controller may be supplied by others.
Deliverables - Task 3:
1. Report documenting:
a. The field review (including photo logs)
b. Recommended mitigations to perceived problems
2. Electronic versions of the report and all data files
3. Necessary Construction Documentation
Task 4: `Before' Study
CONSULTANT shall conduct a 'Before' field study report representative of the times
and days for which synchronization plans will be developed. The report shall identify
Measures of Effectiveness (MOE) to evaluate the effects of the synchronization plans.
MOE's will likely include traffic flow, travel time, average speed, number of stops per
mile, number of intersections traversed on green vs. stopped by red (Greens per Red)
(note: Average Speed, Stops per Mile, and Greens per Red are the new OCTA MOE,
Corridor Synchronization Performance Index (CSPI)), fuel consumption reduction,
pollution reduction, and other pertinent items. The CONSULTANT shall include the
CSPI as part of the MOEs as they are easily identifiable by lay persons relevant to
demonstrating corridor improvements. The identified MOE's shall be compiled for the
corridor using the floating car method and from Synchro 8.0 and from Tru-Traffic
Version 10.0. A minimum of five (5) runs will be completed in each direction for each of
the three weekday timing plans (a.m., midday, and p.m.), and a minimum of five (5) runs
will be completed in each direction during the Saturday midday plan. Number of runs
shall be consistent for both directions and time periods. Based on engineering judgment
and in conjunction with APM approval, CONSULTANT may subdivide the corridor into
segments for the `Before' and 'After' runs. CONSULTANT shall notify and receive
approval from APM on number of runs and segments to be accomplished.
7
2501-24
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
Project travel-time data will be collected using the floating car method, a laptop
computer, a GPS receiver unit, and Tru-Traffic v 10.0, only.
The report shall address likely optimization strategies for signal synchronization,
specifically focusing on how to consider PROJECT optimization: end - to - end vs.
coordinated zones. Ideally, the analysis should include the floating car data and data
collected as part of Task 2. However draft versions of the report can include previously
collected traffic, travel time, or other data, if considered relevant and available. The
evaluation report shall provide a very good understanding of traffic patterns on
PROJECT throughout the weekdays and throughout the weekend. Tru-Traffic Version
10.0 has the OCTA Corridor Synchronization Performance Index (CSPI) Calculation
formulas available for use as well as the calculations for the latest emissions for GHG
and other MOEs. These functions shall be utilized by the CONSULTANT in the draft
preliminary, draft Final and final reports as specified herein.
The CONSULTANT shall perform due diligence with regard to existing and proposed
timing operations on arterials that intersect with the PROJECT.
CONSULTANT shall prepare a memorandum and present the findings to the Authority
outlining the findings of the `Before' field study. The Authority may request a
presentation on the traffic patterns on PROJECT Scope and possible synchronization
strategies to address the traffic patterns (optimizing the fill corridor versus optimizing
segments identified with natural traffic breaks) to provide direction on the preferred
signal timing strategy. Any requested presentation shall include as much of the turning
movement, 24-hour machine counts, travel time, earlier city counts, etc. as available.
CONSULTANT shall finalize the memorandum based on comments received from the
Authority Project Manager and other involved AGENCIES and after incorporating the full
set of data collected by CONSULTANT as part of Task 2.
Deliverables - Task 4:
A memorandum documenting the results of the 'Before' study is to be distributed to the
APM and AGENCIES as a discussion item. More detailed analysis of project results
shall be included in Task 8: Project Report.
1. Electronic versions of all data files and memorandum to all PARTIES and
AGENCIES.
Task 5: Signal Timing Optimization and Implementation
CONSULTANT shall work with the APM and AGENCIES to develop a model of the
study area and calibrate the model based on field observations of existing conditions.
Signal synchronization optimization shall be conducted in Synchro 8.0. The corridor
model must be consistent with all aspects and seamlessly interface and interlace with
the County Wide Synchro Network as administered by the GIS/ROADS database. The
PROJECT Synchro 8.0 model and shall be easily imported and or exported from that
s
2501-25
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
database. Node or intersection numbering scheme must remain consistent with
ROADS. Any modifications, additions, or removal of intersections or roadway segments
(nodes or links) must be approved by Authority Section Manager - Planning/GIS,
Planning and Analysis and the APM. CONSULTANT shall calibrate the model based on
travel time, delay studies, field observations of queue lengths, and saturation flows for
heavy movements at key intersections. Tru-Traffic Software version 10.0 or latest
release should be used, subsequent to initial Synchro optimization, to augment and
enhance green band throughput (offset, splits, phase rotation); and, to incorporate
specific off band coordinated traffic platoons into the corridor operation as required by
data analysis and field observations.
The CONSULTANT may use their own numbering scheme for use in Synchro analysis if
the volume balancing and other factors becomes an issue with node numbering in
regard to OCTA ROADS Database. If the CONSULTANT chooses to use this
methodology, the requirement for submittal of the database in the ROADS format is still
required. The extra node numbering used for volume balancing nodes and other factors
must be removed upon final submittal of the Synchro document that will be incorporated
into the ROADS database. These operations will be closely monitored and controlled
through the APM and the Section Manager of the GIS department of Planning.
CONSULTANT shall evaluate signal timing and coordination parameters with
consideration for the following:
o Optimize coordination timing using:
• Modified Phase Sequence Rotation
• Overlap or display output phase transfer techniques to reservice
phases with capacity problems (Ring - Barrier Logic)
• Protected/Permissive operations
o Phasing will be lead/lead only; or,
o Flashing Yellow Arrow technique may be employed for lead/lag
if controlling/owner AGENCY permits its use
• Harmonic cycling - double, half, third or other harmonic multiple,
• Other innovative techniques
o CONSULTANT will measure the saturation flow rates at key project
intersections during one peak hour where the overall intersection volume-to-
capacity ratio is greater than or equal to 0.8 as a calibration for the Synchro
model
o Timing parameters which provide adequate splits and corresponding offsets
which fully accommodate pedestrians within the split time. CONSULTANT
shall take into consideration the pedestrian timing parameters used by the
local AGENCY on a case by case basis. Pedestrian Intervals shall be
examined and retimed to current adopted standards by each respective
AGENCY. CONSULTANT should note that proposed new pedestrian timing
standards have been approved at the Federal level and about to be approved
9
25D-26
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
at the State level. AGENCIES must be contacted and provide policy and
guidance to the CONSULTANT for calculations regarding these timing
intervals.
o Timing parameters which incorporate minimal pedestrian activity to provide
the optimum vehicle split and offset timing and accommodate pedestrians
using various pedestrian timing adjustment techniques for pedestrian splits
during coordination
o Appropriate cycle lengths consistent with the goals of this effort. Additionally,
CONSULTANT shall recommend time-of-day start and stop intervals for the
various timing plans based on the identified peaks from the 24-hour machine
counts, and field observation
o CONSULTANT shall prepare, at minimum, a total of three (3) timing plans for
a typical weekday which consider the following peak periods: AM PEAK, MID-
DAY PEAK, PM PEAK and one (1) timing plan for a typical Saturday for a
MID-DAY PEAK. Timing plans should be in both Synchro format and the
preferred timing chart format of each local AGENCY.
CONSULTANT shall develop an operational model within SimTraffic. The operational
analysis will be used to micro - simulate and analyze specific roadway segments with
queuing, spill back, starvation, storage blocking, and other queuing interactions, and to
analyze and mitigate the conditions discovered by CONSULTANT and/or APM and
AGENCIES in field reviews.
CONSULTANT shall develop optimized signal timings using the results from
Synchro/SimTraffic 8.0, and Tru-Traffic version 10.0 or latest released version and
recommend any changes to the signal phasing at each signalized intersection that may
improve the efficiency of operations. Output of the modeling software shall not be
utilized without proper QA/QC. Engineering judgment shall be utilized to determine final
operational parameters. The recommended signal timing plans shall be reviewed by
the APM and local AGENCY staff.
Upon approval of the optimized signal timings by the Authority and the cities, the
CONSULTANT shall implement, or assist local AGENCIES staff in the implementation
of new signal timings either through the central traffic signal system (if available) or
direct implementation at the intersection controller units. CONSULTANT shall use
existing traffic signal interconnection systems, where they exist, and, as a result of the
inter jurisdictional nature of the project, shall implement time-based signal coordination
techniques across. signals controlled by different AGENCIES.
As the project will be using time-based signal coordination, the CONSULTANT shall
evaluate the current time-referencing of all traffic signal controllers and recommend a
corridor-wide strategy (such as WWV or GPS clocks) to ensure that all traffic signal
controllers are on synchronized time clocks. CONSULTANT shall verify that all Central
10
25D-27
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
Master or Local Field Master, and/or Local Controller unit clocks are:
0 operating properly and are synchronized;
o that all clocks are referencing a common reset time;
o and that all clocks are referencing a common time of day for start of cycle length
calculation (i.e. 12:OOAM - Midnight)
CONSULTANT shall fine-tune, or assist local AGENCY staff in the fine-tuning of, the
new settings and timings. CONSULTANT shall fine-tune timings in the field and record
all changes. Fine-tuning shall be conducted during times and days that are
representative of the times and days for which coordination plans were developed.
CONSULTANT shall utilize Tru - Traffic Version 10.0 or later software on a laptop with
appropriate GPS device and use the floating car method utilized in the PROJECT
"Before" Study to fine tune the corridor operation and verify integrity of system
intersection clocks. Synchronized Video shall be used to compare actual conditions to
anticipated conditions dictated by the Tru-Traffic time space diagram so that any
anomalies may be corrected prior to "After" Study tasks.
CONSULTANT shall prepare a memorandum detailing the signal timing optimization
and implementation, including detail on the Tru-Traffic CSPI and other MOE's and
Synch ro/S imTraffic MOE results. CONSULTANT shall finalize the memorandum based
on comments received from the PROJECT AGENCY applicant or sponsor, the other
involved AGENCIES, and the APM
Deliverables - Task 5:
1. All optimized and synchronized traffic signal timing plans, including existing corridor
conditions and improved corridor conditions.
2. Field implementation of optimized traffic signal plans for existing corridor conditions,
including all required fine tuning.
3. Evaluation, recommendation, and installation of a time-referencing system.
4. Electronic Synchro 8.0 data files used in analysis.
5. Electronic SimTraffic data files used in analysis.
6. Electronic Tru-Traffic v 10.0 data files with video used in analysis.
7. Electronic versions of all other data files and memorandums.
8. Memorandum documenting the signal timing optimization and implementation.
9. Deliverables of Task 1 and Task 2 to PARTIES shall be limited to respective political
boundaries.
Task 6: `After' Study
The CONSULTANT shall conduct an 'After' field study representative of the times and
days for which synchronization plans will be developed. The 'After' study must be
conducted in the same manner and contain the same MOE's as the `Before' study in
order to evaluate the improvements of the synchronization plans. MOE's should be
compiled for the optimized corridor using the floating car method output in Tru-Traffic
11
25D-28
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
and then from Synchro/SimTraffic 8.0. A minimum of five (5) runs will be completed in
each direction for each of the three weekday timing plans (a.m., midday, and p.m.), and
a minimum of five (5) runs will be completed in each direction during the Saturday
midday plan.
Project travel-time data will be collected using the floating car method, a laptop
computer, a GPS receiver unit, and the methodologies and software to match the before
study, exactly.
CONSULTANT shall prepare a memorandum comparing the results of the 'Before' and
'After' field study with reference to the specific MOE's and present the findings to the
Board. CONSULTANT shall also provide at least two public video travel time
presentations (Transportation Commission Meeting and City Council Meeting).
CONSULTANT shall finalize the memorandum based on comments received from the
APM and other involved AGENCIES.
Deliverables - Task 6:
1. Memorandum comparing the results of the 'Before' and 'After' studies, to be
distributed to OCTA Board as an item. More detailed analysis of project results to
be included in Task 6: project report.
2. Presentation to the Board of the 'Before' and 'After' study comparison.
3. Synchronized Video with graphical travel time presentation to at least 2 public
meetings (Transportation Commission Meeting and City Council Meeting or
equivalent. Maximum number of meetings shall be equal to 2 per participating
AGENCY)
4. Electronic versions of all data files and memorandum.
Task 7: Synchronization System Construction - Agency Specific
General:
CONSULTANT shall coordinate with each AGENCY of the PROJECT to assess special
construction requirements, needs and desires, either known and proposed or previously
unforeseen or unknown but necessary to complete the project. This may include:
1. GPS time clocks at Central, Field Master, and Local Intersection Controller
Assemblies;
2. The replacement and/or modifications to intersection controller assemblies and/or
units;
3. New Central Systems or Modifications or upgrades from closed loop system to
central system hardware, firmware, and software,
4. Modifications, additions; or repair of missing or damaged signal synchronization
infrastructure and other assets to be determined. (See Attachments or
Appendices for the matrix for each AGENCY as to what is currently proposed to
12
25D-29
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
be constructed. See Task 3: Field Review, Plans Specifications and Estimates,
Design Standards and Requirements for allowed systems and sub systems, sole
source, and design requirements for all equipment to be installed.); and
5. Attention is directed to Section 86 - 1.05 WARRANTIES, GUARANTIES, and
INSTRUCTION SHEETS of the State Standard Specifications.
CONSULTANT shall provide the following:
a. 1 YEAR GUARANTEE on LABOR and MATERIAL for all equipment
furnished, installed, and/or modified
b. 3 YEAR GUARANTEE on Firmware and Software Patches, Fixes, Updates,
and Upgrades for
o Central Systems Control and Communications,
o Field Master, and Local intersection controller units
Maintenance Contracts or extra fees for these specific tasks and deliverables shall
not be allowed nor charged to any PARTY or AGENCY by either the CONSULTANT,
his/her Sub - Consultants, and/or vendors/suppliers, either jointly or severally, of the
specified systems and related components for this service or task.
Enforcement of Standard Warranties or Guaranties for hardware and software or
firmware specified heretofore shall be the sole responsibility of the AGENCY
receiving the equipment.
Deliverables - Task 7:
1. Procure and install any and all equipment as specified but within budget for the
PROJECT as proposed in the Scope of Work and Attachments or Appendices.
2. Negotiate with APM and AGENCY representatives on alternative procurements or
substitutions as deemed necessary during the course of the PROJECT.
3. AS BUILT Plans and Specifications.
4. All WARRANTIES and GUARANTIES as specified
Task 8: Continuing Signal Timing Support
CONSULTANT will provide "on-call" signal timing support services for a period of two
years or 24 months following the implementation and fine - tuning of the final signal
timing plans, Task 5, to address any future adjustments that may be needed during this
period. Depending on the nature of the adjustment, CONSULTANT may accomplish the
fine-tuning adjustments remotely from the Consultant's office through the traffic
management systems. During this 24-month period CONSULTANT will be prepared to
review any project intersection requested by the PARTIES within (24) hours of written
notice, including observing and fine-tuning the signal timing.
CONSULTANT will drive the length of the project arterial during all designated corridor
synchronization timing plan hours of operation on a monthly basis in order to verify that
the synchronization timing is working as designed, and complete any necessary
13
25D-30
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
adjustments. Monthly driving times will consist of a full 12-hour weekday and a 4-hour
Saturday. CONSULTANT shall notify APM 24 hours prior to commencement of driving
periods.
Deliverables - Task 8:
1. 24 months of on-call support and revised signal timing plans and memorandum
documenting CONSULTANT recommendations and AGENCY actions
2. Electronic versions of all data files and memorandums.
Task 9: Project Report
At the end of the three (3) year contract period, CONSULTANT shall prepare a Final
Report with an executive summary. The report shall provide complete documentation of
the project, including, but not limited to, project objectives, project locations, project
scope, findings, recommendations, implementation schedule, improvements
accomplished, report on the Continued Signal Timing Support per Task 8, and
procedures for continuing maintenance, surveillance, and evaluation of the coordinated
signal system, work performed, data collected: 'before' and `after' studies and project
benefits achieved in terms of fuel savings, travel time, and other measurable
parameters. The report shall document all planned and programmed improvements on
the study corridor as well as recommendations for further infrastructure improvements
that would likely improve the corridor signal coordination project results. CONSULTANT
shall present the final report and results of the project to the Board and city councils as
required. The report shall be completed in accordance with the current CTFP
Guidelines.
The report shall include for each intersection the lane configurations; signal phasing,
turning movement data, and cycle lengths for existing and proposed timings for all peak
periods. In addition, in a separate binder, all the traffic signal phase sequences, signal
timing plans, and pedestrian timings shall be documented. Finally, the report shall
provide recommendations with cost and benefit estimates for future improvements to
traffic signal infrastructure (signal controllers, vehicle detection, communications, etc.),
intersection capacity (appropriate signal phasing, lane geometrics, and alleviation of
physical bottlenecks that curtail arterial capacity), and traffic management strategies.
These proposed improvements are beyond the scope of this demonstration project but
should be useful in determining future enhancements to the corridor.
Deliverables - Task 9:
1. Draft and Final PROJECT Signal Synchronization Project Report (one electronic
master and 15. hardcopies) and Presentations.
14
25D-31
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
Task 10: Traffic Signal Modeling Software Support
CONSULTANT, in addition to specific needs of AGENCIES as listed in the Attachments
to this Scope of Work, shall supply to OCTA or specified AGENCY, any upgrade or new
licenses for the following software and manuals:
Agency Name Product Name Quantity Upgrade New
City of
Westminster Synchro 8.0 1 X
City of
Westminster TruTraffic 10.0 1 X
1. Consultant shall provide a four day training session consisting of four (4)
modules. The modules will be on the functions and features of the following
programs: Module 1 - Highway Capacity Manual 2010 (HCM 2010) and its
relationships to the vendor software supplied on this project and other related
items.
a. Shall be the first module in the training session.
b. Oriented to transportation planning/operations and the interaction of
Synchro/Sim Traffic 8.0
c. Four (4) hours in length
2. Module 2 - Synchro/Sim Traffic 8.0
a. Module 2.1 - 3D Viewer 8 set up and operation (optional)
3. Module 3 - Tru Traffic 9.0
4. Module 4 - Interaction between the programs and usage
The course content and times shall be coordinated with the APM and the Consultant.
The classes will be scheduled to take place in the OCTA IS Training Room.
The programs shall be taught over a 4 day period. The HCM session or module shall
be taught to OCTA personnel and Consultant invited personnel only. The HCM session
shall be taught the first 4 hours of the instructional period, followed by Synchro/Sim
Traffic and Tru Traffic.
As part of the Tru Traffic Training, the Consultant shall provide a 'hands - on' exposure
to floating car studies in real time in a suitably equipped vehicle with laptop/gps on Main
Street in front of OCTA Headquarters. The length of the segment shall be from
Chapman Avenue to the CHOC Hospital Intersection near the SR - 22 Freeway. OCTA
shall provide the Synchro Network and Tru Traffic Network for that use.
The APM shall solely make the determination of the scheduling, content, and who will
instruct the training. The Consultant may perform the 'hands - on' exposure to floating
15
25D-32
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
car studies requirement after the initial 4 day training session if deemed appropriate by
the APM and the AGENCIES.
Consultant shall be responsible for all expenses related to training, including travel,
lodging and per diem plus actual training course fees, licenses, and document
production required from the program vendor. OCTA shall supply the IS Training Room
and sufficient numbers of laptops and workstations to train up to maximum 22
individuals associated with the Project. Project participants or their respective
designees shall have priority of attendance over all other persons. OCTA personnel
shall have priority of attendance over all other persons for the HCM training module.
Schedule for this Task 10 Traffic Signal Modeling Software Support shall be determined
by the Project Development Team at the Kick-Off b. or first Project Development Team
Meeting.
Deliverables:
1. Four module training session as specified.
2. Software with licenses, and manuals as specified
16
25D-33
AGREEMENT NO. C-2-1992
ATTACHMENT A
Bolsa Avenue/First Street - Work by Location
e fi4oca3io?i'.? o''ess ;::is?sl ern a .VIi rCc?'
Westminster Edwards Street 1 6104 ce; Ecom, see wishlist
Westminster West Drive 2 6064 ce, see wishlist
Westminster Victoria Lane 3 6103 ce, see wishlist
Westminster East Drive 4 6065 ce, see wishlist
Westminster Goldenwest Street 5 6101 Ecom, see wishlist
Westminster Chestnut Street / Goldenwest Circle 6 6122 ce, see wishlist
Westminster Hoover Street 7 6098 ce, see wishlist
Caltrans Beach Boulevard 8 221
Court Newland Street 9 6438 ca, ce, see wishlist
Westminster Purdy Street 10 6071 ce, see wishlist
Westminster Magnolia Street 11 5097 Ecom, see wishlist
Westminster Asian Garden/Cultural Court/Moran Street 12 6121 ce, Ecom, see wishlist
Westminster Bushard Street 13 6099 ce, Ecom, see wishlist
Westminster Pagoda 14 6115 ce, see wishlist
Westminster Brookhurst Street 15 6100 ce, Ecom, see wishlist
Westminster Hoe Street/Wame Way 16 6063 ce, see wishlist
Westminster Ward Street 17 6102
itJn. rif tAis?rk?
s??i}d5bT
Santa Ana Euclid Street 18 2535 S0, E I/C-TP, FS, ee, VS, BT, F-splicing, see wishlist
Santa Ana Newho Street 19 2536 SD, E I/C-TP, FS, es, Vs, see wishlist
Santa Ana Harbor Boulevard 20 2537 S0, E I/C-TP, FS, ea, VS, F-splicing, see wishlist
Santa Ana Jackson Street 21 2427 ee, see wishlist
Santa Ana Fairview Street 22 2538 SD, es, BT, see wishlist
Santa Ana Sullivan Street 23 2429 as, ee, see wishlist
Santa Ana Center Street 24 2428 es, ee, WR, see wishlist
Santa Ana Townsend Street 25 2426 as, see wishlist
Santa Ana Raitt Street 26 2533 as, VS. WR, see wishlist
Santa Ana Pacific Avenue 27 2425 so, see wishlist
Santa Ana Brislot street 28 2534 FS, WR, VS, see wishlist
Santa Ana Flower Street 29 2539 SD, N I/C-TP, es, see wishist
Santa Ana Ross Street 30 2430 ee, see wishlist
Santa Ana Broadway 31 2540 ea, see wishlist
Santa Ana Sycamore Street 32 2431 ce, ca, so, see wishlist
Santa Ana Main Street 33 2541 E VC-TP, FS, VS, BT, see wishlist
Santa Ana Bush Street 34 2432 ca, ce, ee, see wishlist
Santa Ana Downtown Plaza 35 2650 ee, see wishlist
Santa Ana Standard Avenue 36 2542 es, ee, see wishlist
Santa Ana Grand Avenue 37 2547 F-splicing, E I/C-TP, FS, VS, as, as. see wishlst
Santa Ana Lon Street 38 2546 ee, see wishlist
Santa Ana Mabu Street / Elk Lane 39 2545 E I/C-TP, F-splicing, FS, VS, as, see wishlist
Santa Ana 1-5 Entrance 40 222 ee, see wishlist
Santa Ana Cabrillo Park Drive 41 2544 es, ee, VS, BT, see wishlist
Santa Ana Golden Circle Drive / Lesonnac Drive 42 2543 ee, see wishlist
Tustin Tustin Avenue 43 5448 N VC, see wishlist
Tustin Yorbe Street / Pacific Street 44 5385 ca, ce, see wishlist
Tustin B Street 45 5454
Tustin El Camino Real 46 5387 ce, Ecom, see wishlist
Tustin Prospect Avenue 47 5386 N i/C, see wishlist
Tustin Centennial Way 48 5355 ce, Ecom, see wishlist
Tustin Ne ort Avenue 49 5388 cu, see wishlist
cu = controller unit; ca = controller assembly includes cu + all necessary equipment and appurtenances + es; ce = cabinet equipment; as = ethernet switch;
FS = Fiber Switch; ee = ethernet extender; gps = gps interface and antennae installed; 2070 = 2070 Com## - 2070 Communication Module, 170E - Field
Master; Ecom = Ethernet communications; Wcom =Wireless communications; CM = Modem - Communications Module; C = CenTracs; TAC = TACTICS;
ASCL = ACS Lite; A = Aries; Existing or New I/C = Interconnect Conduit with media; media - F = Fiber Optic, TP = ## pair Twisted; VD = Video Detection;
WD - Wireless Detection; SD - System Detection; VS = Video Surveillance System; W = WiFi; WR = Wirless Radio; BT- Bluetooth; L = Loop Detector;
EVP = Emergency veh. pre-empt; T ## = Type II or III Electrical Service; a # following Item codes = quantity (i.e. L42 = install 42 loop detectors); * = shared
ownership; -following task code= NOT APART, agency pays 100% for that task only; m -cu =modify existing controller. New controller maybe
substituted if functionally equivalent. CONSULTANT is cautioned to verify Interconnect components in field.
All equipment is furnished and installed and/or modify existing installation with 1 year guaranty on labor and material. Firmware and Software Upgrades for
Installed specified systems are included in the installed price for a period of 3 years. Excludes new software for new features not originally installed nor
specified to be installed and included. Removal of existing equipment and appurtenances is included in the furnish and install or modify existing installation
price. PS & E may be available at no cost to the Consultant from Project Agencies.
17
25D-34
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
11 Comments, Wishes, Needs of County of Orange 11
Instructions: Enter any special circumstance such as conduit, communications, central or field master
modifications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Data
Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish.
111 Newland Street I Furnish and install Type "P44" with miscellaneous cabinet equipment; II
Furnish and install Econolite ASC3 controller
18
25D-35
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
Comments, Wishes, Needs of Tustin
Instructions: Enter any special circumstance such as conduit, communications, central or field master
modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data Sheet.
Prioritize with 1 being best and 5 being worst. Add items if you wish.
Priori Description Comments
* Tustin Avenue Install (1,400' ) 2" Conduit and 12 Pair Cable to Yorba St.
* Yorba Street / Pacific Street Install ASC/3-2100 "Aires" System Controller with Ethernet
port, Data key Appurtenances.
Install New Type "P" Cabinet with ASC/3-2100 "ARIES"
System Controller with Ethernet port, Data Key and
* El Camino Real Appurtenances. (Vehical Phases 2,4,6 & 8), (Ped Phases
2,4 & 6) and 10 channels of Vehicle detection. Install
Cabinet on Existing Foundation. Re-install Type II Service.
* Prospect Avenue Install (1,350' ) 2" Conduit and 12 Pair Pable to Centennial
Way
Install New Type "P" Cabinet with ASC/3-2100 "ARIES"
System Controller with Ethernet port, Data Key and
* Centennial Way Appurtenances. (Vehical Phases 2,4,6 & 8), (Ped Phases
2,4,6 & 8) and 10 channels of Vehicle detection. Install
Cabinet on Existing Foundation. Re-install Type II Service.
* Newport Avenue Install ASC/3-2100 "Aires" System Controller with Ethernet
port, Data Key and Appurtenances.
19
25D-36
Na
F-
C)
T- Z
N w
U ?
2
oa
z?
Z a
Z
w
a
LW/
C9
a
w
a
O
O
U
a)
o(0
N
.0
o
c
ca a
?a o
0)
O
C: o=O C O N
O7c
c -
E N a)
O
a
c _
C C ca
m
c To N
.
cm
0
c?? v a
c
c U- c t? c c
(u E U
n
Y a;
o
° a) U) 0)
C: o
m
(L
Y
a) CL -
(a co -0
c w = rn p
E a c C) E c fII w a a o 05 n
o arn
o c E o 0U
Y
1=
??
U_
?
CD ou_ ?W Q o W ?? o o
Y
L U NCIO ?c/1
_ OQ W? C C N CT
c
r CL '
a)
c ao co 0 0 5 3
n- a 6 C r_
a) S r
c
o _ m
a
oo E
a) L
O •
a) E
- m
O 'C2 a
c
a) v o O 0 o
U o
O CO .
0 M LL U
v) a)
a)
0
s=U= 0
°a
o aai? c
o 0
a
W
w
75 ..
m
m o^
CO
W () 3 c a)
> O c0 0 c rn
Y C) o 2
n C L
c° D a
L
0 co
>
U U O C w
?
U 00 U O a E t
!_)
?
LB
M co
" CL
a a •!
d C= :E
3
3 O
?O
O
-
N XX _ L
O
O OC V
)
3
C N
co
e
-
C')
f
m
°'
c
~ 0 CD-
N ° 0 W 3?
U m i; 3 w aUi m
c U a o
0 3 a O ?
a
o a)
ui _ a) °
C-u c
c a E O a) O
Y c a) 0 LL E W
c
0) 0)
m 'T
E Lz a0= c 0)'? cL'QY c`oo m? °
U c
a Nm E
aci L c? c a?i aka U ai E 2° = S ?Y?
U) C X a •_ ..
N w O
Q
-0 C M c TO
coo m- a)
O m
O O (o
(nr a)
L 0 O
OQ Or.
3 W U 3cfl
L? w
L
a c W t W T
U ITT q-0 Z)
d' w IT c G!?
a) C N C
o 0)
E U
c
? N C U E o LO M a)N ` aD C?
m 0
`
N
C i 0 U Q
L a
AT 4; 0) ;::' , i
3 a
U)
•O O g 3 .B-
U_ N ? cr -o
fB s
' 0 co CO ,
r
m co a) a) c
o 3 a
m U = "
U
EW>
Q -
ca .-
c
" iris a) p W 2
c U Q Em Ea
0 O
l =
2 Co Y
O 2 CD CU
CL
U- c
i cm
cO _ Lm to Lm C Cw O a) 2w (D
W cpp .
C L)
CO U O
O
O O 0 3 0 3 C C W O C 0. O cu cm C - O O W
a) Y
a)
E
C T C U O 3
=
O -, a) a c? r U c L ..N. - 29
m O O" 00
a
)
r
Ri " ?
a)
v) C
O C
-?
p c
cu 0
U o n0 c
O N 0
co 'C a) O
3 co '"
W- r
O
U= v U
C U a)
a 0
c c?
2 0 > 0 E N
? Q C CO C1
° >, 3 C:
2
a)
E
•0 ?
c o r M 3 E a) x v o-
a)
2 ~ o c X ? v
cc (n o c o 0 a w c E o c
N
H1 °aa
7& U U co c o:a
m N W V ?U= c U
L- o o W o c
m U Wco>>(n
?
o
?
3 u
c,
co
a
°? - Q o
0
0 ?
¢
0 c
? 3
U N
C ? a o o a ?
z E C ?
Fu Q NY =O
c W
en
Z. co ca 7 U a 0
d 3 a) N
L)
L a) o Q 0-
c 0 m E 3
0 E W x s o m Q
,
3
Y C,4 LL 0
O
`- i
i
V L
YLI.^
Y c
oUN p
U U Oo
E O W W U O oLQLo
C w O
a
/
+ L a) a) m > M C
U C
.0 O> r CO
0 0 O CL U C .> O c •Q N
N c E o o S
no c?' a ti U Q a c o cc`)-0
? -C7 -p N p) E f
O
17 C" C N
o 0 ?O x ` a Q W
0 L
2 Q m" N O
?
po
U C cc cu U) C U c 0
U rn W 0 0 0 -
a ? a ui L-
_ ? U) (n L E a
3 0 U 0) O
OL U O a) o
(n a N ° a)
a =
• (D
a co a? w
s
-
o
4)
£ E Q) U
E- LL ai Q
3 p)
Y w CA (V
a) W o' C
0 a) >
0 pN
a 3
co (n 00 C ?
3'
CO L 0
0 = U_Uo mw FI- a) W moo w W ?n p ` p ?°) - ?U c
O 4-7a -
oa
() Qaa
o C) Y?Lo
1
0 Y
a) ?- mo rnEE5
Q w
Y va..W
V a)
r
C o o
" 2
- 7
2
3
U E
Cn
E L
U a?
0 ?n 0
N r
U c? a
C N
3 ?-
o (C! t7' L
w
c
V) ° 0
°;? (n
U
?
w N
?
NWUQ C is C
a)
o ??
s
U 3 c
a
2
o , ? W W
C w 7-0 E v N
'
w o
c o c •-
N Y
a) N Q
rn S
3 =
W 0 C: U- W
L:` U o co a? C
0 W U Cw O O
3 N?
L
Y? a)
t
(D o.OU
C
c o v
o oa.- O 'C
C a)
Y)i C: N? °0 O?? 'a CL i w wE om0-
o
a
°f s ° co aci rn co O a)
° 0 - a) - N -0
c - L
n °
i
c
ca) c=w 3 E
o N ca o
L? SL ?a o
a)0a L
N Ya
? ms
aw ,4• a
?E c 0
in §
-o O)o
NO
SU
cc ?omoCU .SE=aUi ?y
a)C.o 0
C: a) c U
ca S n
53 o N
-0
E(n r+=QQ N? 70 "?w a) cQ cv c? 4- c c? C:
3 c a) O co CU ?- x
c9 LL c D LL = a p m Co O 0 N= 3 a) cp co c c
'
cu U N U La)) M L 2 ,T E _ v) C E
5
a) c: a) L L Y
to L4? L C a) 0
CO- L ro 0
L C N
:3 C
c
co '- t? E a)
a) X U
C L vJ
3 0 -
n a -a R v)
a)
O E E
2
N E 0 O ?t
U
a '` •E 0 c N
a .2 E
EO
W 0,00 3
T
u (n U (n T
( C
UQ c6 2 (n 3
V_ 3
V_ d 3
Lt 3
C
LL w o 3
v_ 3
V_ (o U O
C1 a)
N L
Y
C C
m 0
C
0
++ Y
(n
a
>
w+
co
•+
U
++
U
..:
(/?
`m
Q (n
a a?
a
m
c
O
3
c U a
c
(n
C' C
w
L U ' V
3 L
3 O C
n
Z >
=
m con
c
m
.
CO o
o
w
z
=
?°
U- a
U
U
o
v
N
C C .O r s w
O
N
LoV-a I
mH
r Z
'w
N
V =
OV
Z
Z 4
Z
W
2
W
W
Q
W
a
O
O
U
V
a
aa)
CY)
o
?°.
y o »r
oo aci
o 0)
L
ro
a
(U z omc- E
c
-o c
O ro rn c cc E 0() c 032W ??
? mo °o c
a? m
(a •
W C
N ro c O 0
L a) a O Q p
(f? L
.N ? c
f6 N '(6 O
Q O
c? 7Lco(o
O .fn J r O
ri
?LL C x o cn '2 o a) C d
?tL 4 - Epp ?i
a O U_ E=NO U _U W Ca NL
M
w N
3
LL
M
a) i> C) 2 (m
o
V = E Nc ?QI-inn a u) 0-o ? L U?? o c 0Q c c
O ?/ a)
a 04
2
NN m a) a)
CL 0 o - m
L
E
o ,r
L
ras
C) >
,W =
Q
.m
w N p
t
i_) a)
W
°O m
O o° v aim° wX-ro
O aSo O o (No:s 3
N w ° aI
LL U
' Y
m r ,
r r a)
m
V _ N
W O
ro Nam a.
m 4.
mL` 3: c
a) CU
O w
Q)
d
`-
c') 'Q c
a)
-a
W
M ?
W 3 0
€ a) 0 cum Lo
M
CL 3v
E p .-
d• v
"O mXL('') 0 0
w L)
cl ? O c .N ?rn
(L1 Y O c
W C: ¢
- a) L
c cc CU
= w m a) a
c`a O
'
3- = •
U W m c a O o
«= o 0
w o
v Q^p c m (? C C U
cu Q 'U LL 'O
Q.
O
m a) 0 =
T w Q
0 m
c
m C)
> cD ao) H U
3 -C cc Ica: o= m =o
, ? C rn= mr
- CO: U m 0
(0 U
C (f) N
2 W = w W m
O a •:L, O a) C U CO
W C as ? N
o ' ._- a)
co
CL
fl
i
w a C
Q) L
U -
LU a.) , ?
V) i N 3 U O 7
U) s C ? O
y T L
.?+ O r
M U L f0
U 'O U v
7 O
a) v a
°
a
3
o 0
E
w.V
Q) a) ro Z
LU
?w
rn3amoa)
E -0
ro u
?Ucc
cu
m
0 ro?
c 30 c
o
T L M UCL 0 c
3 C N ?
O
C CD- ?_ y? )
co o E F U) ?
»-w 3w ?.? =
?w m w O
a c - ?vo W e a w
O C
s O
c O
c L
co 65 U 3
w
? c
'
cu 0 c= ?_M 0N? O RS aco-0^ O
c
O n
O
W
O
O 3
L L
a+
N Q O O O 3 c
0 ro
W oc I
UW
O= c
0 w ca CU CD
m a)2 m c
"'
v '°
cu o
o o
L
v) O CD U o
m
a
a) o
c .
is
o
?
L t0
M
c c N o
Y m x rn o
'E
?m`
(n
°w "
m=>v°-
°w .
-
w= p)
o?? ?o
c
c ? M Q
•c
3 N C 3 C LL O ? U
O -~
ue - M
U 3
E m
o= a E E c
o c: C U O C
o0 E c
00 s
-
UoME a>- E 3
O
L) CL E
E
O QC7
?
O =
co E
a E
O
O U o cv ?:;=
c y C -j-
O m E
0
ro c cnP? E? Oa
LL w 0 M E
O o o OQ
U* C U E
U
o
L
U
U
"
c)
a) c 0 o
M-
` 0
f--
0
U
°
- c U o a
Co
U .
a)
U - C O
U
Q co
0) E a)
Q a) N 3
) E t
a a ro o a
=
' N 3
E a)
fl o (mi
E ' O in 2ro a? rn a) o.
o
C
M a
Q j° Co
v c
N=
a)
CL
O
m
W m
L
O Q
O ±
_ C
m a)
o
L E
N 0
_ .
o-
O C .
0 Q
C
=
a) c?
a O p C
L -
a
O r
.c O
r
O
' a Q
o
V
.-.
U
U O O
C ro
y ro
m o 0
C
U O E U
C +-
' U O
V
= m m C
3 U
i
a) CY
co Q p
O
)
) OV
U C
N'C U mQ
a OU
U-
) U E L)) row
Q)w
U
_ o
)
' O ro L
U
''
C Q
L
O O
Lo
M
O
o a)
w
Q L6 Ll
L W
W Q
> O
a U L a)
a
? U> 3 a) O
C a)
> L
U O N co
' N
>
° s?? a a L o L
Ua?
~ ? o o
` .
r
in
a
? o 0 a
)-? E `
°
a
-
0 111 0
O :te c
o a?
W
3: L) CL a
> 3
o
0 LL U)
c s c
o
ror
4 Urn o 0 0 N r° N ° Q) 0 N 0r.= m 0 03 X O
l O
y
.2 E w y c>
? c ro to
ro C> y > U O N c t
W -
v 3 (ga
o oo v
CL ?-0 o)tLn
N ma
U -oo c- a)
c
a) nL
N
a) ? m
u
c
Q; In c
W 2 U
u) c
x a)
0 `
M c 6
O
M c >o c U W C O' (
o
4) LD c
o o
a - 0 L-
o ?- c
a)
a) I
r yx O
M V
0 N
W N ro
M 0Ll. O>- ?-
I
x 0) )
U O C
w - N
a) m E W [L
..
a) v
° o
0- U
a
a) Q)
° W
..
a)
o -o j m
I-
W
o U Q
S w a W_ o
o E
-co w
W
o s? o
°a c c ,c
>
~ y U =
3?LL mo ,c
>
I- a) o
E c as
Via`) a) c?= '
pU
U,caEiwaa o
c` COOL a) a
U ?ccocr o
c`
ro W
o
.L-.
L
+
N W
(n y V
N W
L
W e
c Q
: m y O
+ a
s
L
U o a
s
L
C- 0 C a) C C .
- co a) a) O (CU M
? N O W a) O .
C a)
U) tow a C
O
W )
a)
c U (n Q
w
N
o C
n ` 0
o U N N O E
>,o
CY) -
E
- .-
0 0 n.cN
o`
N
E
w
o
mD O C N p 7
.. .
3 rn? c
N
M O O?
ro" E vo)
N
Qa
LLa m ++ a)
5 o o w
.?w w a 3
) c or
wL c
w O _
L N
w E U W O c N p
om ? a) O U U N m r
a)v)? 3 o
- c= L
? - - H
- co E ?- -- - a H ai - 3 a v_ F- w d o
2 -0 X r.
E r ?O 0 CU -r- Q CD
U CU (u -a cErocuco° c-?o EUoi w
C W c ,- 3
w c cD
- c
- c c
-- c
p ?U Q0
- C co co
c
•c c y
c (n
c w
c ` o rn c m o y
o a
v ` O Q. c=
,? O ? y
a
c
s° 3
c m L
-o w,
a c
c
a
c
a a
a (= 3 aS
c
a s
a
s -
-Q Lo a a a) co
L
c,=
o -
a o
. y
-Q Lo «•
=
m
(ayo c
o
%
: a
roo
ro c c
mro ? E
c
m`a3
~
O c c
mm c
m c o
m F_ c c E m
o mroro? 3
¢ c
ro f_ a) Q c
4
o n o
Q c
cu
L .C y U
o U
- L Q] L L L c O
m
0) L-
Mn
-a
° c L
0 L
U) L
W L U a 0
• V
:2
N a
U L y C
U
LL
c 'c a
i ?o °a E E L E c o M a)
?
> '
'? 'c 'C w
a
to
-
c
t o
CL M
LL 3 c
LL > c 3
(n 3 0
LL
LL 3 3
LL LL 3 3 m ro c?a
LL 0 2 > > >
C a) a) 3 3U
5,?
N °.' n 3 o
' E
- U F - LL LL LL lL
to LL U L
LL
?
c Q U
LL
O
(n
U
cu
. ro
N
a.
a)
< c
J
0
-
)
3
c
(n
c
a
m
Q
v
U
W r_
4
U 3
O
O
T
(a N
O
a
c c
O
J U)
c
W
d co m m N 3
U)
? U
)
m
-
N
15U-its
?z
N w
V
Q
z?
~a
z
w
W
W
C7
a
w
a.
O
O
v
c
??.
C (1)
C r+ C C
o
ro Q
r :3
ro O L
n o 0
U
3
U
LL 0 C
^
_
o v
y co
(L) 4- ?
o U-C 0 ) :9 0 D
c
?> c Ss
Ui G o W
? a ro
o
N
C U a
CL
O .c O a
o ro sr
° c o
?- ro E
v ro ro
cr) =
'~
LU co
CD C)
c
) n••
o
C
ro ,
T-- c>-
,qr v
0
a) C
h
a
07
C
i
C L) ?
LLJ
LU
X C a
C
O ro Q ro
X N C N V
? ?
+
j ro a)
cvLL3a W
(u a
? N
o
L a)
V U
c c`d
E mU o?
E-0 3Eai E
UCH
of E
CO
a? o 2 t2 -
N U
Q C ? rte. >
ow"
o.
U o 112 Q
a
•E a)-
.
`
0 =A .2
>
-0 a
)
CL
U O 7 O
a
°U-? E
-o
o
e wo
a) CL lqT 0
C O 3 N U
U c
C) °
W
rn
wc? a)
a) O ro ?
0 "
o
Ea?+2
o c
r '- a
.r ,o ? a)
E
W (n O 2 ` a)
L L
cu a) N N v
-0 -
C
O m U
C
_ a) Q
C
C
a cn W
0 v
?
cW:ER. c
C c 2 c
a) c
An s
L N
C a) co
LL W ?U= IJ c
? a) ?
-Y ` U
s
co
a U
c c
•c
0
- c
0 o
a c
w
a
co O J
(7
U ? L
N
N
25D-39
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT A
Comments, Wishes, Needs of Westminster
Instructions: Enter any special circumstance such as conduit, communications, central or field master modifications, new systems, TMC, YIDS, etc. that are
not part of the intersection listing on the Main Data Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish.
Priorit Description Comments
Furnish and install McCain 333L traffic signal cabinet, new conflict monitor, load switches,
* Edwards St. miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation, traffic
signal controller and NEMA adapter; Furnish and install Type III service; Furnish and install
Ethernet switch
Furnish and install McCain NEMA traffic signal cabinet, new conflict monitor, load
* West Dr. switches, miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation,
traffic signal controller and NEMA adapter; Furnish and install Type III service
Furnish and install McCain NEMA traffic signal cabinet, new conflict monitor, load switches,
* Victoria Ln. miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation, traffic
signal controller and NEMA adapter; Furnish and install Type III service
Furnish and install McCain NEMA traffic signal cabinet, new conflict monitor, load switches,
* East Dr. miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation, traffic
signal controller and NEMA adapter; Furnish and install Type I I I service
* Goldenwest St. Furnish and install Ethernet switch
Chestnut/Goldenwest Furnish and install McCain 333L traffic signal cabinet, new conflict monitor, load switches,
* Cir miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation, traffic
signal controller and NEMA adapter; Furnish and install Type III service
Furnish and install McCain NEMA traffic signal cabinet, new conflict monitor, load switches,
* Hoover St. miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation, traffic
signal controller and NEMA adapter; Furnish and install Type III service
* Purdy St. Furnish and install McCain 333L traffic signal cabinet, new conflict monitor, load switches,
miscellaneous cabinet equipment, with anti-graffiti coat.
* Magnolia St. Furnish and install Ethernet switch
Asian Garden/Cultural
Asi
an Garden/ Furnish and install McCain 333L traffic signal cabinet, new conflict monitor, load switches,
* St
Court/Moran miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation, traffic
. signal controller and NEMA adapter; Furnish and install Ethernet switch
Furnish and install McCain 333L traffic signal cabinet, new conflict monitor, load switches,
* Bushard St. miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation, traffic
signal controller and NEMA adapter; Furnish and install Ethernet switch
Furnish and install McCain 333L traffic signal cabinet, new conflict monitor, load switches,
* Pagoda miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation, traffic
signal controller and NEMA adapter
Furnish and install McCain NEMA traffic signal cabinet, new conflict monitor, load
* Brookhurst St. switches, miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation,
traffic signal controller and NEMA adapter; Furnish and install Ethernet switch; Furnish and
install Type III service
* Hope St/Wayne Way Furnish and install McCain NEMA traffic signal cabinet, new conflict monitor, load switches,
miscellaneous cabinet equipment, with anti-graffiti coat. Reuse existing foundation, traffic
1 One (1) Synchro license upgrade + training
2 One (1) TruTraffic license upgrade + training
*part of original application
23
25D-40
COOPERATIVE AGREEMENT NO. C-2-1992
ATTACHMENT B
Local Match Commitment
Details of Matching Funds: (must be consistent with PROJECT APPLICATION):
Provide details in tables
Cash Match:
Total Cash Match for the Project: $ 143,450
In-Kind Match: Total In-Kind Match for the Project: $ 101,550
Total Match for Project: $ 245,000
Cash Match:
Agency Funding Source Amount of Cash Contribution
City of Santa Ana M2 Turn Back $ 40,000
City of Tustin M2 Fair Share $ 42,200
City of Westminster Traffic Impact Fee $ 56,250
County of Orange Road Funds $ 5,000
TOTAL $ 143,450
In-kind Match (Improvements or Staffing Support):
Specific Improvements and Services (List items and Cost):
Agency Improvement Date of
Construction Expenditure
$
TOTAL $
25D-41
COOPERATIVE AGREEMENT NO. C-2-1993
ATTACHMENT B
Staffing Commitment:
Fully
Agency Staff Position Type of Service to No. of Burdened Total
Project Hours Hourly
Rate
City of Santa
Ana Sr. Civil
Engineer Project Admin/Review 140 $118 $16,520*
City of Santa Assistant Project Design /
Ana Engineer II Implementation / 350 $99 $34,650*
Construction En g.
City of Santa Assistant
Traffic Project Design /
Ana
Operations Implementation / 240 $99 $23,760*
Engineer Construction Eng.
City of Santa Engineering Project Design /
Ana Intern Implementation / 341.82 $22 $7,520*
Construction En g.
City of
Westminster Traffic
Engineer Project Admin/Review 40 $62 $2,480*
City of Principal Civil Project Design /
Westminster Engineer Implementation / 50 $68 $3,400*
Construction En g.
City of Assistant Civil Project Design /
Westminster Engineer Implementation / 100 $48 $4,800*
Construction En g.
City of Public Works Construction 63 $40 $2
520*
Westminster Inspector Engineer/Inspection ,
City of Sr.
Westminster Administrative Project Admin 50 $36 $1,800*
Assistant
County of Supervisor Project Design /
Orange Engineering Implementation / 80 $41 $3,280*
Tech III Construction En g.
County of Engineering Project Design /
Orange Tech Specialist Implementation / 62.11 $33 $2,941*
Construction En .
TOTAL $ 101,550*
*Total amount is the required participation by the identified agency. The number of hours and hourly rate will
be based on each agency's actual fully burdened billing rates, which must collectively equal the same value of
the assigned "Total" dollars. Each agency will be responsible for keeping detailed records of hours worked
and description of work. An accounting record of personnel hours at fully burdened rate is expected to be
included with the final submittal. Records will be subject to auditing.
2501-42
COOPRATIVE AGREEMENT NO. C-2-1992
ATTACHMENT C
List of Contacts
OCTA
Mr. Ronald (Ron) Keith
Principal Traffic Engineer
Project Manager
600 S. Main Street
Orange, CA 92868
Tel: 714.560.5990
rkeithC?octa. net
Santa Ana
Mr. Vinh Nguyen
Senior Civil Engineer
Public Works Agency
20 Civic Center Plaza, M-43
Santa Ana, CA 92701
Tel: 714.647.5612
vnguyenCcD-santa-ana.org
Westminster
Mr. Adolfo Ozaeta
Traffic Engineer
8200 Westminster Blvd.
Westminster, CA 92683
Tel: 714.548.3462
aozaeta _westminster-ca.gov
County of Orange
Mr. Isaac Alonso Rice
Traffic Engineer
300 North Flower Street
Santa Ana, CA 92703
Tel: 714.245.4569
Isaac. alonso.riceCa-)ocpw.oc ov.com
Tustin
Mr. Dana R. Kasdan, P.E.
Engineering Services Manager
300 Centennial Way
Tustin, CA 92780
Tel: 714.573.3150
dkasdan(c)-tustinca.org
2501-43
25D-44
1 COOPERATIVE AGREEMENT NO. C-2-2030
2 BY AND BETWEEN
3 ORANGE COUNTY TRANSPORTATION AUTHORITY
4 AND
5 THE CITIES OF SANTA ANA, FOUNTAIN VALLEY, HUNTINGTON BEACH, AND WESTMINSTER
6 FOR
7 IMPLEMENTATION OF
8 THE EDINGER AVENUE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT FUNDED AS PART
9 OF THE MEASURE M2 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM
10 (PROJECT P)
11 THIS AGREEMENT, is effective this - day of , 2012 by and between the
12 Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California
13 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY"),
14 and the Cities of Santa Ana, Fountain Valley, Huntington Beach, and Westminster (hereinafter referred
15 to as the "PARTICIPATING AGENCIES").
16 WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES are
17 working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the
18 Renewed Measure M (M2) Regional Traffic Signal Synchronization Program Project P (Project P) to
19 enhance countywide traffic flow and reduce congestion; and
20 WHEREAS, the AUTHORITY has completed the competitive 2012 Call for Projects (hereinafter,
21 "2012 CALL") in support of Project P and awarded Project P funds based on the application
22 (hereinafter, "APPLICATION") prepared by the City of Santa Ana (hereinafter referred to as the
23 "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along Edinger
24 Avenue (hereinafter, "PROJECT"); and
25 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected
26 to designate the AUTHORITY and the AUTHORITY agrees to act as the implementing agency to carry
UP of
COOPERATIVE AGREEMENT NO. C-2-2030
1 11 out the signal coordination PROJECT; and
2 11 WHEREAS, the PROJECT will include approximately thirty-eight (38) traffic signals as
3 identified in the APPLICATION and illustrated in the PROJECT Scope of Work, which is attached
4 1+ and referred to herein as Attachment A; and
5 WHEREAS, the PROJECT will include elements identified in the APPLICATION including
6 certain hardware and software upgrades to traffic controllers, traffic telecommunications and intertie
7 systems, central traffic master controllers and associated systems (hereinafter collectively referred
8 to as "TRAFFIC CONTROL ELEMENTS"), will be constructed and or installed and implemented as
9 part of the PROJECT as identified in Attachment A; and
10 II WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to
11 II coordinate the inclusion of other traffic control elements that must be installed at the same time as
12 the construction of the PROJECT that are NOT included in Attachment A and will be the
13 responsibility of the AGENCY owning each and any of those traffic control elements during the
14 11 course of the project; and
15 WHEREAS, the AUTHORITY agrees to implement the PROJECT based on Attachment A; and
16 WHEREAS, the PARTICIPATING AGENCIES agree to a combined cash and in-kind match of
17 one hundred, eighty-five thousand, three hundred, fifty dollars ($185,350.00), equivalent to twenty
18 percent (20%) of the PROJECT cost (see Attachment B); and
19 II WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this
20 11 Agreement to implement the PROJECT in support of Project P as part of M2; and
21 11 WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding
22 responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation
23 11 of the PROJECT; and.
24 11 WHEREAS, the Orange County Transportation Authority Board of Directors approved funding
25 for the PROJECT and authorized the Chief Executive Officer to negotiate and execute this cooperative
26 11 agreement on October 15, 2012.
COOPERATIVE AGREEMENT NO. C-2-2030
1 WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the day
2 of , 20
3 WHEREAS, the CITY of Fountain Valley's City Council approved this Agreement on the
4 day of , 20
5 WHEREAS, the CITY of Huntington Beach's City Council approved this Agreement on the
6 day of , 20
7 WHEREAS, the CITY of Westminster's City Council approved this Agreement on the
8 day of , 20
9 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the
10 PARTICIPATING AGENCIES as follows:
11 ARTICLE 1. COMPLETE AGREEMENT
12 A. This Agreement, including any attachments incorporated herein and made applicable by
13 reference, constitutes the complete and exclusive statement of the terms and conditions of this
14 Agreement between AUTHORITY and the PARTICIPATING AGENCIES and it supersedes all prior
15 representations, understandings and communications between the parties. The invalidity in whole or in
16 part of any term or condition of this Agreement shall not affect the validity of other term(s) or
17 conditions(s) of this Agreement. The above referenced Recitals are true and correct and are
18 incorporated by reference herein.
19 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES'
20 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
21 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or
22 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force
23 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except
24 when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a
25 written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
26 /
4rP;-4Ts
COOPERATIVE AGREEMENT NO. C-2-2030
1 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's
2 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
3 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of
4 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force
5 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING
6 AGENCIES except when specifically confirmed in writing by an authorized representative of
7 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in
8 accordance with the provisions of this Agreement.
9 ARTICLE 2. SCOPE OF AGREEMENT
10 This Agreement specifies the roles and responsibilities of the PARTIES as they pertain to the
11 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree
12 that each will cooperate and coordinate with the other in all activities covered by this Agreement and
13 any other supplemental agreements that may be required to facilitate purposes thereof.
14 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
15 AUTHORITY agrees to the following responsibilities for funding of the PROJECT:
16 A. AUTHORITY shall implement the PROJECT based on the APPLICATION prepared by
17 the APPLICANT AGENCY in accordance with the policies and procedures contained in the CTFP
18 Guidelines.
19 B. AUTHORITY shall provide oversight in order to maintain inter jurisdictional traffic signal
20 operational integrity between PROJECT and other existing and new M2 Project P funded projects.
21 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation
22 necessary to acquire a Categorical Exemption from CEQA for PROJECT.
23 D. AUTHORITY shall perform web-based public outreach activities for the project to
24 communicate major project milestones and results.
25 E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements
26 as described in CTFP.
U., P; 44
COOPERATIVE AGREEMENT NO. C-2-2030
1 F. AUTHORITY, or agents of AUTHORITY, may upon close-out of PROJECT under this
2 Agreement, perform a technical and or field review to ensure that the CTFP Guidelines policies and
3 procedures were followed. Such a review may be performed one hundred and eighty (180) days after
4 the PROJECT three-year grant period is complete. If the technical and or field review determines that
5 any of the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must
6 return the amount of funding used to perform the ineligible activity to AUTHORITY.
7 G. AUTHORITY will invoice the PARTICIPATING AGENCIES as identified in the
8 PROJECT 2012 CALL APPLICATION and Attachment B for the dollar match at the start of the
9 PROJECT.
10 H. AUTHORITY will request updates on the PROJECT as part of semi-annual review
11 process, including documentation of in-kind match conforming to Attachment B and will include the
12 PROJECT in the list of active projects in OCFundtracker until completion of the three year grant period.
13 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase
14 orders.
15 ARTICLE 4. RESPONSIBILITES OF THE AUTHORITY AS PROJECT LEAD AGENCY
16 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the
17 implementation of the PROJECT:
18 A. AUTHORITY will act as the LEAD AGENCY for the work necessary to manage, procure,
19 and complete the PROJECT as identified in Attachment A.
20 B. To coordinate outreach with the PARTICIPATING AGENCIES for the PROJECT.
21 C. To collect manual intersection movement and automated machine traffic counts.
22 D. To develop new timing plans optimized for signal synchronization.
23 E. To provide updated timing plans and traffic count data to the PARTICIPATING
24 AGENCIES.
25 F. To prepare a "Before and After Study" for the PROJECT. As described in the Measure
26 M2 Eligibility Guidelines adopted by the AUTHORITY, the "Before and After Study" for the project is
??AR
COOPERATIVE AGREEMENT NO. C-2-2030
1 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section
2 13.111.9) for the project. The AUTHORITY shall provide the "Before and After Study" to the
3 PARTICIPATING AGENCIES in draft and final formats for comment and comments shall be noted in
4 the final study.
5 G. To provide Ongoing Monitoring and Maintenance of optimized signal timing after
6 Primary Implementation of the PROJECT is completed and continue until the end of the three year
7 grant period.
8 ARTICLE 5. RESPONIBILITES OF THE PARTICIPATING AGENCIES
9 The PARTICIPATING AGENCIES agree to the following responsibilities for implementation
10 and funding of the PROJECT:
11 II A. Provide a technical representative to meet and participate as a member of the
12 11 PROJECT's Traffic Forum.
13 11 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of the
14 II PROJECT.
15 C. To participate and support the PROJECT implementation within the timeframe
16 outlined in the APPLICATION and consistent with the CTFP Guidelines adopted by the
17 AUTHORITY.
18 D. To provide the AUTHORITY all current intersection, local field master, and or central
19 control system timing plans and related data upon request.
20 E. To provide the local match and or documentation for the in-kind services for the
21 PROJECT in accordance with Attachment B. Failure to provide included match and or evidence of
22 in-kind service may result in the loss of future participation for competitive funds. ,
23 F. PARTICIPATING AGENCIES that have included a dollar match as identified in
24 Attachment B shall provide payment for the dollar match to the AUTHORITY within 30 calendar days of
25 receipt of an invoice.
26 /
Z§,PZ§Q
COOPERATIVE AGREEMENT NO. C-2-2030
1 G. PARTICIPATING AGENCIES that have included an in-kind match as identified in
2 Attachment B shall provide documentation of conformance as part of the semi-annual review process.
3 H. PARTICIPATING AGENCIES shall provide updates to the AUTHORITY on the
4 PROJECT as part of semi-annual review process until completion of the three year PROJECT grant
5 period. Documents to be provided include, but are not limited to, payroll records, contracts, and
6 purchase orders.
7 I. PARTICIPATING AGENCIES shall continue Ongoing Monitoring and Maintenance after
8 the three year grant period is complete and continue until the end of the PROJECT if additional
9 Maintenance of Effort is specified in the APPLICATION.
10 ARTICLE 6. DELEGATED AUTHORITY
11 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this
12 II Agreement are delegated to its City Managers, or equivalent designee, and the actions required to be
13 I1 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief
14 11 Executive Officer.
15 11 ARTICLE 7. AUDIT AND INSPECTION
16 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in
17 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING
18 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work,
19 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a
20
period of four (4) years after final payment, or until any on-going audit is completed. For purposes of
21
audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of
22
PARTICIPATING AGENCIES's final billing (so noted on the invoice), if applicable, under this
23
Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The
24
above provision with respect to audits shall extend to and or be included in contracts with
25
26 11 PARTICIPATING AGENCIES' contractor.
Z§D
cp 7 §11
COOPERATIVE AGREEMENT NO. C-2-2030
ARTICLE 8. INDEMNIFICATION
1
A. Each PARTICIPATING AGENCY shall indemnify, defend and hold harmless the
2
AUTHORITY, it's officers, directors, employees and agents from and against any and all claims
3
(including attorney's fees and reasonable expenses for litigation and settlement) for any loss or
4
damages, bodily injuries, damage to, or loss of property caused by the negligent acts, omissions or
5
willful misconduct by the PARTICIPATING AGENCY, its officers, directors, employees or agents in
6
connection with or arising out of the performance of this Agreement.
7
B. The PARTICIPATING AGENCIES shall maintain adequate levels of insurance, or self-
8
insurance to assure full indemnification of AUTHORITY.
9
C. AUTHORITY shall indemnify, defend and hold harmless the PARTICIPATING
10
AGENCIES, its officers, directors, employees or agents, and or its officers, directors, employees or
11
agents from and against any and all claims (including attorney's fees and reasonable expenses for
12
litigation and settlement) for any loss or damages, bodily injuries, damage to, or loss of property caused
13
by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, employees
14
or agents in connection with or arising out of the performance of this Agreement.
15
D. AUTHORITY shall maintain adequate levels of insurance, or self-insurance to assure full
16
indemnification of the PARTICIPATING AGENCIES.
17
ARTICLE 9. ADDITIONAL PROVISIONS
18
A. Term of Agreement: This Agreement shall continue in full force and effect until
19
December 31, 2015.
20
B. This Agreement may be extended or amended in writing at any time by the mutual
21
consent of both parties. No amendment shall have any force or effect unless executed in writing by
22
both parties.
23
24 C. The AUTHORITY and the PARTICIPATING AGENCIES agree to work together in good
faith, using reasonable efforts to resolve any unforeseen issues and disputes arising out of the
25
performance of this Agreement.
26
SDR n
a
COOPERATIVE AGREEMENT NO. C-2-2030
1 D. Legal Authority: The AUTHORITY and the PARTICIPATING AGENCIES hereto
2 represent that they are authorized to execute this Agreement on behalf of said parties and that, by so
3 executing this agreement, the parties hereto are formally bound to the provisions of this Agreement.
4 E. Severability: If any term, provision, covenant or condition of this Agreement is held to be
5 invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the
6 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or
7 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
8 F. Counterparts of Agreement: This Agreement may be executed and delivered in any
9 number of counterparts, each of which, when executed and delivered shall be deemed an original and
10 all of which together shall constitute the same agreement. Facsimile signatures will be permitted.
11 G. In the event that the PROJECT Costs exceed the estimates as submitted in the
12 APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine
13 PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES
14 which shall be documented and submitted in writing as a revision to the agreement.
15 H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal,
16 state and local laws, statutes, ordinances and regulations of any governmental authority having
17 jurisdiction over the PROJECT.
18 I. Force Majeure: Either Party shall be excused from performing its obligations under this
19 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable
20 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God;
21 commandeering of material, products, plants or facilities by the federal, state or local government;
22 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of
23 such cause is presented to the other Party, and provided further that such nonperformance is
24 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.
25 J. Assi_ n ment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or
26 authority hereunder may be assigned in whole or in part by either Party without the prior written consent
?5DQ ?5?
COOPERATIVE AGREEMENT NO. C-2-2030
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
of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed
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.
K. 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.
L. Governing Law: The laws of the State of California and applicable local and federal
laws, regulations and guidelines shall govern this Agreement.
M. Litigation fees: Should litigation arise out of this Agreement for the performance thereof,
each party will bear their own costs and attorney's fees.
N. Notices: Any notices, requests, or demands made between the parties pursuant to this
Agreement are to be directed as follows:
To CITY OF SANTA ANA: To CITY OF FOUNTAIN VALLEY:
City of Santa Ana City of Fountain Valley
Public Works Agency
20 Civic Center Plaza, M-43
Santa Ana, CA 92701 10200 Slater Avenue
Fountain Valley, CA 92708
Attention: Vinh Nguyen
Senior Civil Engineer Attention: Temo Galvez
Deputy City Engineer
Tel: 714/647-5612 Tel: 714/5934517
Email: vnquyen ansanta-ana.org Email: temo.galvez6a fountainvalley.org
9APA4,;
COOPERATIVE AGREEMENT NO. C-2-2030
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 /
To CITY OF HUNTINGTON BEACH: To CITY OF WESTMINSTER:
City of Huntington Beach City of Westminster
2000 Main Street
Huntington Beach, CA 92648 8200 Westminster Boulevard
Westminster, CA 92683
Attention: William Janusz
Principal Civil Engineer Attention: Adolfo Ozaeta
Traffic Engineer
Tel: 714/374-1628 Tel: 714/548-3462
wianusz ansurfcity-hb.orq email: aozaeta(o-)-westminster-ca.-gov
To AUTHORITY:
Orange County Transportation Authority
550 South Main Street
Orange, CA 92863-1584
Attention: Venita Todd
Senior Contracts Administrator
Tel: 714/560-5446
Email: vtodd(a)-octa.net
COOPERATIVE AGREEMENT NO. C-2-2030
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
I?
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
No. C-2-2030 to be executed on the date first above written.
CITY OF SANTA ANA
By:
Paul Walters
City Manager
ATTEST:
By:
Maria D. Huizar
City Clerk
APPROVED AS TO FORM:
By:
Sonia Carvalho
City Attorney
Dated:
ORANGE COUNTY TRANSPORTATION AUTHORITY
By:
Meena Katakia
Manager, Capital Projects
APPR ED AS TO FORM:
By:
Kennard R. Smart, Jr.
General Counsel
g§D-56
COOPERATIVE AGREEMENT NO. C-2-2030
1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement
2 No. C-2-2030 to be executed on the date first above written.
3 CITY OF FOUNTAIN VALLEY
4 By:
5 John J. Collins
Mayor
6
7 ATTEST:
8 By:
Kathy Bailor
9 City Clerk
10
11 APPROVED AS TO FORM:
12 By'
Alan Burns
13 City Attorney
14
Dated:
15
16
17
18
19
20
21
22
23
24
25
26
15D ?5f7
COOPERATIVE AGREEMENT NO. C-2-2030
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
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
No. C-2-2030 to be executed on the date first above written.
CITY OF HUNTINGTON BEACH
By:
Joe Carchio
Mayor
ATTEST:
By:
Joan L. Flynn
City Clerk
APPROVED AS TO FORM:
By:
Jennifer McGrath
City Attorney
Dated:
ZM A 5f?r,
COOPERATIVE AGREEMENT NO. C-2-2030
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
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
No. C-2-2030 be executed on the date first above written.
CITY OF WESTMINSTER
By:
Margie L. Rice
Mayor
ATTEST:
By:
Robin Roberts
City Clerk
APPROVED AS TO FORM:
By:
Richard Jones
City Attorney
Dated: -17
,5D 95f7
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
SCOPE OF WORK
Edinger Avenue Corridor
TRAFFIC SIGNAL SYNCHRONIZATION PROJECT
The Orange County Transportation Authority (Authority or OCTA) desires to provide the
components necessary to improve and enhance signal timing and synchronization
services and operations for all signalized intersections on the Edinger Avenue Corridor
Traffic Signal Synchronization Project (PROJECT).
This approximately twelve (12) mile stretch of PROJECT includes thirty-eight (38)
signalized intersections and includes four (4) Orange County agencies (AGENCY or
AGENCIES). The street was proposed for synchronization by the City of Santa Ana as
part of the 2012 Project P corridors from Renewed Measure M (M2). The term
PARTIES shall refer to all participating AGENCIES and OCTA
The PROJECT passes through the cities of Santa Ana, Fountain Valley, Huntington
Beach, and Westminster. Signals along the corridor are controlled by these
AGENCIES. The AGENCIES along the corridor utilize several different types of
controllers, including Type 170 C8, Type 2070, NEMA TS - 1, 2 by Econolite, and other
manufacturer's each with their own respective firmware or operating systems and
characteristics.
The main goals and objective of this project is to:
• Perform an operations and timing analysis to develop and implement optimized
traffic signal synchronization timing, including the development and
implementation of timing plans at all signalized intersections;
• Determine and make recommendations for all traffic signal equipment and
infrastructure related solely to improve and/or enhance synchronization; and
• Upon approval by the owning AGENCY and OCTA, procure, furnish and install
all approved infrastructure improvements for PROJECT.
The implementation of the new optimized timing and infrastructure improvements will:
• Provide signal synchronization timing for prevailing traffic patterns
• Maximize the number of intersections traversed on a green indication vs. those
stop by a red indication
• Reduce stops, decrease travel times, and reduce overall delay,
• Reduce emissions and Green House Gases (GHG); and
• Provide a continuing foundation for interjurisdictional cooperation in coordination
of interactive but autonomous local AGENCY traffic signal systems.
The following specific tasks are required to be performed in the course of providing
service for the traffic signal coordination project. Tasks are listed in sequential order for
clarity. However, some tasks may run concurrently or commence prior to the order
listed.
25D-60
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
Task 1: Project Management
Task 1: Project Management is ongoing throughout the duration of the project. This
task includes day-to-day project management, such as meetings, progress reports,
tracking of schedules, invoicing, and overall administration of the project. The project
management team, comprised of Authority personnel, and the On-Call Traffic
Engineering Consultant (CONSULTANT), acts as an extension of the Authority staff and
will act in that capacity at meetings with the respective corridor AGENCIES. The
following list is a minimum of what is required of this task:
The selected CONSULTANT for PROJECT shall prepare a detailed Project
Management Plan (PMP) that includes budget and schedule estimates for all of the
tasks described in the Scope of Work, providing specific project milestones for
review and approval by the Authority Project Manager (APM) or designated
representative. These items shall be detailed and include expected meetings,
activities (by work task, whether performed by CONSULTANT team or by others),
start dates, activity durations, product submittal dates, relationships among work
tasks (including critical path items), and a detailed flow chart for the project tasks,
and float time. CONSULTANT shall finalize the report based on comments received
from the project sponsor, other involved AGENCIES, and APM and/or Authority staff.
2. CONSULTANT shall lead a two (2) stage Project Kick-Off Meeting with the APM and
AGENCY representatives.
a. The first stage will be to kick-off the project with the APM; establish
communication channels and protocols discuss the scope of work, schedule,
and budget; gather available information; and obtain a thorough
understanding of the goals for the project. Specific topics to discuss include
data collection needs, specific Synch ro/S imTraffic version 8.0 and Tru -
Traffic version 10.0 modeling needs, specific training needs for
Synchro/SimTraffic, Tru-Traffic, and other programs or firmware specified
herein, and specific construction items and procurement methodologies, and
PROJECT schedule.
b. The second stage of the meeting will be with the CONSULTANT, APM, and
AGENCY representatives that have signalized intersections along the
PROJECT. Data collection needs and requirements shall be outlined to the
involved AGENCIES. CONSULTANT shall notify each AGENCY of the type
of work, and when the work is to be performed within that AGENCY.
CONSULTANT shall notify each participating AGENCY any and all
documents that need to be produced pertaining to the construction of the
facilities and the coordination, including but not limited to: as-built drawings,
new Plans, Specifications and Estimates for new construction to be built as
part of this project (PS&E), Intersection Timing Charts, Existing Synchro
Models, Aerial photos, ADT and TMC data, etc. The APM may assist in this
25D-61
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
endeavor to facilitate time constraints.
3. CONSULTANT shall lead project meetings as directed, by the Authority to include the
CONSULTANT staff, APM, and other project related participants. The purpose of
these meetings will be to ensure that proper input is being received by
CONSULTANT and the Authority and that it is included in the work effort.
a. CONSULTANT shall prepare agendas, provide status updates, discuss the
progress and direction of the work, and provide notes of these meetings as
directed by the Authority to all participants. These meetings will also serve to
provide feedback between the project development team and CONSULTANT
regarding specific issues of the effort, including facilitating the development of
measures of effectiveness, construction alternatives and mitigations, and as
specified in later tasks.
4. CONSULTANT shall attend and be an active presenter at the Authority-led Intelligent
Transportation Systems (ITS) Roundtable, updating the group on the effort, its status,
and other items as determined by Authority staff. The ITS Roundtable is a semi -
annual forum envisioned to further communication and information exchange
between the Authority and the local AGENCIES regarding signal coordination and
ITS.
5. CONSULTANT shall attend and present at four (4) Board/Committee meetings to
summarize the findings. CONSULTANT shall attend and present at other AGENCY
committee meetings, and intergovernmental meetings as directed by the Authority.
The purpose of these meetings may be to inform attendees about the project, signal
synchronization in general, the PROJECT potential strategies, and other relevant
information.
a. At a minimum, a total of 10 monthly project team meetings, 2 Board, 2
committee, and 6 project team and other meetings shall be used for
scheduling and budgeting purposes.
Deliverables - Task 1:
1. Lead a 2 Stage Project Kick-off Meeting and prepare agenda and meeting materials.
2. Detailed Project Management Plan - one per participating party.
3. Monthly progress reports (electronic master and two copies) including status of the
work effort and updated schedule. Draft and Final Project Reports.
a. Consultant shall also submit a weekly summary of work performed in rich text
format for OCTA internal usage.
b. Monthly progress reports to AGENCIES upon request.
4. Attend Monthly project team meetings and prepare meeting materials, including
agenda, action items, graphics, presentation aides, and notes.
5. Electronic versions of all data files as directed by Authority.
6. Graphics and presentation aides required for all meetings.
7. All documents provided in electronic form should be of currently used OCTA MS
Word 2007 format.
25D-62
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
8. All electronic data produced for this project shall be provided on CD-R.
Task 2: Data Collection
CONSULTANT shall collect the following data necessary to thoroughly understand
existing traffic conditions in the study area and be able to develop optimal time-of-day
traffic signal coordination plans, if applicable.
1. From the involved AGENCIES and or Authority, CONSULTANT shall collect existing
timing charts/sheets, existing coordination plans, traffic as-built drawings, aerial
photos, maps, traffic collision data as available, and collision diagrams for the study
intersections, if available. CONSULTANT shall also collect any off the shelf plans
(PS & E) for construction of any and all traffic signal coordination/synchronization
related plans, specifications and estimates for the corridor. CONSULTANT, if
requested by the involved AGENCY, will provide their own staff to review available
records/plans and request copies of needed records/plans with a minimum of
disruption to the involved AGENCY.
2. From the involved AGENCIES, CONSULTANT shall collect signal timing and signal
priority preferences, including, but not limited to, those related to pedestrian and
bicycle timing, phase sequence modifications and preferences, and special
operations such as conditional service, coordination preferred phase re - service,
and ring - barrier logic, as well as the timing optimization software preference.
3. CONSULTANT shall conduct seven-day 24-hour machine counts along each 1 mile
segment of PROJECT. Additionally, CONSULTANT will collect 24-hour vehicle
classification counts using a machine at four (4) locations on PROJECT to determine
heavy vehicle (truck) percentage information. Data obtained from Saturday and
Sunday counts will determine the necessity of weekend signal timing.
4. CONSULTANT shall conduct weekday and weekend peak period turning movement
counts (TMC) at each and every of the PROJECT signalized intersections, including
pedestrian and bicycle counts. No other types of TMC classification shall be
necessary. Weekday counts shall be conducted for two hours of each peak period
(AM, mid-day, and PM). If needed, after analyzing the seven-day 24-hour machine
counts, weekend counts shall be conducted at each and every of the PROJECT
signalized intersections for a single two hour Saturday mid-day peak period. For
intersections with more than 2 through lanes in any of the approaches, a minimum of
2 people per intersection is required.
a. CONSULTANT, APM, and Local AGENCIES shall determine locations for
special video recording of bicycle and pedestrian activity for specific data
collection in support of upcoming changes to the CA MUTCD. Video
recording and data reduction shall be required at minimum 6 locations.
b. CONSULTANT and designated sub consulting Traffic Counting Firm shall be
25D-63
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
cognizant of the fact that queuing of right turn vehicles or left turn vehicles
that do not pass the limit line for counting purposes during the count time
period shall also be counted as part of the quarter hour period in which they
occur.
c. TMCs, supplied by an alternate viable source, for an intersection that are _< 2
years of age may used in lieu of a manual count.
5. All counts shall be summarized in MS Excel 2007 format. Copies of the raw data
count sheets will be provided to each involved AGENCY.
Deliverables - Task 2:
1. Report summarizing data collection effort, including intersection turning counts,
traffic collision analysis, current traffic signal timing patterns, and drawings of
intersection features.
2. Electronic versions of all data files (See CTFP Guidelines for ROADS requirements)
3. Raw video footage of intersections receiving Video Counting to OCTA only.
4. Deliverables of Task 1 and Task 2 to AGENCIES shall be limited to political
boundaries.
Task 3: Field Review, Plans Specifications and Estimates, Design Standards and
Requirements
CONSULTANT shall review the geometric layout, existing traffic signal equipment
and signal synchronization related infrastructure, and identify any deficiencies for
each intersection and along the whole corridor. The review shall include an
assessment of the existing intersection geometry, traffic conditions, and traffic signal
control equipment and telemetry/interconnect facilities along the corridor and of each
intersection using observation, available as-built plans, consultation with the local
AGENCIES, and AGENCY supplied aerial photos. CONSULTANT will use a
standard field form developed by CONSULTANT for this review that accounts for
each piece of intersection data required. With permission of the local AGENCIES,
CONSULTANT will inspect the interior of each traffic control cabinet, inspect the
telemetry systems and determine their respective condition and make
recommendations for equipment upgrades. CONSULTANT is advised that certain
infrastructure and equipment upgrades have been identified previously by the
AGENCIES and reviewed by the APM and shall be a requirement of this project.
These items are identified subsequently within this document.
2. CONSULTANT shall also include an identification of all planned and programmed
improvements (widening projects, intersection improvements, etc.) on the study
corridor. The identification of these projects should be at minimum a list summarizing
all improvements.
3. Key components of the corridor review shall include, at minimum, the following:
25D-64
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
• Corridor lane configurations and lane widths;
• Existing street and lane geometries, curbs, and medians;
• Upcoming improvements to the corridor;
• Traffic signs and pavement markings at all PROJECT intersections,
approaches to cross streets, and along PROJECT corridor;
• Traffic signal control device information, such as type of device, brand and
make, condition of equipment. Intersection Photographic Documentation Log
shall be required;
• Existing signal operation characteristics - signal phasing, cycle lengths, phase
sequence alteration, and protective-permissive, etc.;
• Existing controller and telemetry/interconnect equipment;
• Existing time-referencing setup;
• Existing Central Master Equipment;
• Existing Field Master Equipment;
• Open each controller cabinet and take digital photos of all equipment inside;
• Note any deficiencies of traffic control equipment at each intersection; and
• Note the maintenance condition or existence of the traffic signal equipment,
controllers and synchronization related infrastructure.
CONSULTANT shall also investigate factors that are expected to affect signal
progression including, but not limited to: intersections with high pedestrian or bicyclist
volumes; over-saturated intersections; uneven lane distribution; high volumes of trucks
and buses; high-volume un-signalized intersections, including interchanges; parking
maneuvers; presence and location of bus stops; differing signal timing patterns among
AGENCIES; etc.
With the view of assisting, enhancing, and improving the traffic operations along this
corridor, CONSULTANT shall identify any deficiencies of the existing traffic signal
control and telemetry infrastructure, and geometric layout, and provide
recommendations towards simple solutions that may be implemented to correct such
deficiencies.
CONSULTANT shall prepare a report summarizing the findings of the field review.
If deemed necessary by the APM or through request of an AGENCY through the APM,
CONSULTANT shall prepare any design construction documents in the form of
sketches to full-fledged Plans Specifications and Estimates (PS & E). CONSULTANT
shall prepare such plans for use in the construction of the PROJECT per each
respective AGENCY's standards. CONSULTANT shall supply such documentation to
the APM and the AGENCY owning the affected facility for approval prior to commencing
any construction. Construction documents will be used during the course of
construction by AGENCY for inspection services. CONSULTANT shall modify
documents subject to approved construction completion to owning AGENCY as an As -
Built document. Cost for production, reproduction, inspection services, and as - built
services are part of the Full Fixed Price of the Contract and/or CTO and no additional
compensation shall be allowed, therefore.
2501-65
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
CONSULTANT will be required to design, procure, install, construct, and implement all
desired components of the PROJECT as described in this document. CONSULTANT
shall negotiate with OCTA and AGENCIES at the beginning of PROJECT to determine
what actually shall be installed and implemented to maintain budgetary control.
CONSULTANT, if required to install or replace any traffic signal control equipment
whether local intersection or central systems, shall perform due diligence in the
determination of what types of systems are to be installed. NTCIP compatible systems
shall be installed. Closed Loop Systems shall not be supplied nor installed. Sole
Source systems or systems that are a linked subset or part of a sole source central
system are not to be installed unless verification of need can be demonstrated to OCTA
APM and CAMM Contract Administration per OCTA standards and policies. In the
circumstance where a local intersection system controller is a necessary sole source
and there is no alternate substitute, the CONSULTANT shall procure the sole source
local intersection controller unit. The controller assembly and appurtenances housing
the local intersection system controller may be supplied by others.
Deliverables - Task 3:
1. Report documenting:
a. The field review (including photo logs)
b. Recommended mitigations to perceived problems
2. Electronic versions of the report and all data files
3. Necessary Construction Documentation
Task 4: `Before' Study
CONSULTANT shall conduct a `Before' field study report representative of the times
and days for which synchronization plans will be developed. The report shall identify
Measures of Effectiveness (MOE) to evaluate the effects of the synchronization plans.
MOE's will likely include traffic flow, travel time, average speed, number of stops per
mile, number of intersections traversed on green vs. stopped by red (Greens per Red)
(note: Average Speed, Stops per Mile, and Greens per Red are the new OCTA MOE,
Corridor Synchronization Performance Index (CSPI)), fuel consumption reduction,
pollution reduction, and other pertinent items. The CONSULTANT shall include the
CSPI as part of the MOEs as they are easily identifiable by lay persons relevant to
demonstrating corridor improvements. The identified MOE's shall be compiled for the
corridor using the floating car method and from Synchro 8.0 and from Tru-Traffic
Version 10.0. A minimum of five (5) runs will be completed in each direction for each of
the three weekday timing plans (a.m., midday, and p.m.), and a minimum of five (5) runs
will be completed in each direction during the Saturday midday plan. Number of runs
shall be consistent for both directions and time periods. Based on engineering judgment
and in conjunction with APM approval, CONSULTANT may subdivide the corridor into
26D-66
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
segments for the 'Before' and 'After' runs. CONSULTANT shall notify and receive
approval from APM on number of runs and segments to be accomplished.
Project travel-time data will be collected using the floating car method, a laptop
computer, a GPS receiver unit, and Tru-Traffic v 10.0, only.
The report shall address likely optimization strategies for signal synchronization,
specifically focusing on how to consider PROJECT optimization: end - to - end vs.
coordinated zones. Ideally, the analysis should include the floating car data and data
collected as part of Task 2. However draft versions of the report can include previously
collected traffic, travel time, or other data, if considered relevant and available. The
evaluation report shall provide a very good understanding of traffic patterns on
PROJECT throughout the weekdays and throughout the weekend. Tru-Traffic Version
10.0 has the OCTA Corridor Synchronization Performance Index (CSPI) Calculation
formulas available for use as well as the calculations for the latest emissions for GHG
and other MOEs. These functions shall be utilized by the CONSULTANT in the draft
preliminary, draft final and final reports as specified herein.
The CONSULTANT shall perform due diligence with regard to existing and proposed
timing operations on arterials that intersect with the PROJECT.
CONSULTANT shall prepare a memorandum and present the findings to the Authority
outlining the findings of the `Before' field study. The Authority may request a
presentation on the traffic patterns on PROJECT Scope and possible synchronization
strategies to address the traffic patterns (optimizing the fill corridor versus optimizing
segments identified with natural traffic breaks) to provide direction on the preferred
signal timing strategy. Any requested presentation shall include as much of the turning
movement, 24-hour machine counts, travel time, earlier city counts, etc. as available.
CONSULTANT shall finalize the memorandum based on comments received from the
Authority Project Manager and other involved AGENCIES and after incorporating the full
set of data collected by CONSULTANT as part of Task 2.
Deliverables - Task 4:
A memorandum documenting the results of the 'Before' study is to be distributed to the
APM and AGENCIES as a discussion item. More detailed analysis of project results
shall be included in Task 8: Project Report.
1. Electronic versions of all data files and memorandum to all PARTIES and
AGENCIES.
Task 5: Signal Timing Optimization and Implementation
CONSULTANT shall work with the APM and AGENCIES to develop a model of the
study area and calibrate the model based on field observations of existing conditions.
Signal synchronization optimization shall be conducted in Synchro 8.0. The corridor
model must be consistent with all aspects and seamlessly interface and interlace with
25D-67
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
the County Wide Synchro Network as administered by the GIS/ROADS database. The
PROJECT Synchro 8.0 model and shall be easily imported and or exported from that
database. Node or intersection numbering scheme must remain consistent with
ROADS. Any modifications, additions, or removal of intersections or roadway segments
(nodes or links) must be approved by Authority Section Manager - Planning/GIS,
Planning and Analysis and the APM. CONSULTANT shall calibrate the model based on
travel time, delay studies, field observations of queue lengths, and saturation flows for
heavy movements at key intersections. Tru-Traffic Software version 10.0 or latest
release should be used, subsequent to initial Synchro optimization, to augment and
enhance green band throughput (offset, splits, phase rotation); and, to incorporate
specific off band coordinated traffic platoons into the corridor operation as required by
data analysis and field observations.
The CONSULTANT may use their own numbering scheme for use in Synchro analysis if
the volume balancing and other factors becomes an issue with node numbering in
regard to OCTA ROADS Database. If the CONSULTANT chooses to use this
methodology, the requirement for submittal of the database in the ROADS format is still
required. The extra node numbering used for volume balancing nodes and other factors
must be removed upon final submittal of the Synchro document that will be incorporated
into the ROADS database. These operations will be closely monitored and controlled
through the APM and the Section Manager of the GIS department of Planning.
CONSULTANT shall evaluate signal timing and coordination parameters with
consideration for the following:
o Optimize coordination timing using:
• Modified Phase Sequence Rotation
• Overlap or display output phase transfer techniques to reservice
phases with capacity problems (Ring - Barrier Logic)
• Protected/Permissive operations
o Phasing will be lead/lead only; or,
o Flashing Yellow Arrow technique may be employed for lead/lag
if controlling/owner AGENCY permits its use
• Harmonic cycling -- double, half, third or other harmonic multiple,
• Other innovative techniques
o CONSULTANT will measure the saturation flow rates at key project
intersections during one peak hour where the overall intersection volume-to-
capacity ratio is greater than or equal to 0.8 as a calibration for the Synchro
model
o Timing parameters which provide adequate splits and corresponding offsets
which fully accommodate pedestrians within the split time. CONSULTANT
shall take into consideration the pedestrian timing parameters used by the
local AGENCY on a case by case basis. Pedestrian Intervals shall be
examined and retimed to current adopted standards by each respective
AGENCY. CONSULTANT should note that proposed new pedestrian timing
28D-68
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
standards have been approved at the Federal level and about to be approved
at the State level. AGENCIES must be contacted and provide policy and
guidance to the CONSULTANT for calculations regarding these timing
intervals.
o Timing parameters which incorporate minimal pedestrian activity to provide
the optimum vehicle split and offset timing and accommodate pedestrians
using various pedestrian timing adjustment techniques for pedestrian splits
during coordination
o Appropriate cycle lengths consistent with the goals of this effort. Additionally,
CONSULTANT shall recommend time-of-day start and stop intervals for the
various timing plans based on the identified peaks from the 24-hour machine
counts, and field observation
o CONSULTANT shall prepare, at minimum, a total of three (3) timing plans for
a typical weekday which consider the following peak periods: AM PEAK, MID-
DAY PEAK, PM PEAK and one (1) timing plan for a typical Saturday for a
MID-DAY PEAK. Timing plans should be in both Synchro format and the
preferred timing chart format of each local AGENCY.
CONSULTANT shall develop an operational model within SimTraffic. The operational
analysis will be used to micro - simulate and analyze specific roadway segments with
queuing, spill back, starvation, storage blocking, and other queuing interactions, and to
analyze and mitigate the conditions discovered by CONSULTANT and/or APM and
AGENCIES in field reviews.
CONSULTANT shall develop optimized signal timings using the results from
Synchro/SimTraffic 8.0, and Tru-Traffic version 10.0 or latest released version and
recommend any changes to the signal phasing at each signalized intersection that may
improve the efficiency of operations. Output of the modeling software shall not be
utilized without proper QA/QC. Engineering judgment shall be utilized to determine final
operational parameters. The recommended signal timing plans shall be reviewed by
the APM and local AGENCY staff.
Upon approval of the optimized signal timings by the Authority and the cities, the
CONSULTANT shall implement, or assist local AGENCIES staff in the implementation
of new signal timings either through the central traffic signal system (if available) or
direct implementation at the intersection controller units. CONSULTANT shall use
existing traffic signal interconnection systems, where they exist, and, as a result of the
inter-jurisdictional nature of the project, shall implement time-based signal coordination
techniques across signals controlled by different AGENCIES.
As the project will be using time-based signal coordination, the CONSULTANT shall
evaluate the current time-referencing of all traffic signal controllers and recommend a
corridor-wide strategy (such as WWV or GPS clocks) to ensure that all traffic signal
controllers are on synchronized time clocks. CONSULTANT shall verify that all Central
250-69
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
Master or Local Field Master, and/or Local Controller unit clocks are:
0 operating properly and are synchronized;
o that all clocks are referencing a common reset time;
o and that all clocks are referencing a common time of day for start of cycle length
calculation (i.e. 12:OOAM - Midnight)
CONSULTANT shall fine-tune, or assist local AGENCY staff in the fine-tuning of, the
new settings and timings. CONSULTANT shall fine-tune timings in the field and record
all changes. Fine-tuning shall be conducted during times and days that are
representative of the times and days for which coordination plans were developed.
CONSULTANT shall utilize Tru - Traffic Version 10.0 or later software on a laptop with
appropriate GPS device and use the floating car method utilized in the PROJECT
"Before" Study to fine tune the corridor operation and verify integrity of system
intersection clocks. Synchronized Video shall be used to compare actual conditions to
anticipated conditions dictated by the Tru-Traffic time space diagram so that any
anomalies may be corrected prior to "After" Study tasks.
CONSULTANT shall prepare a memorandum detailing the signal timing optimization
and implementation, including detail on the Tru-Traffic CSPI and other MOE's and
Synch ro/S imTraffic MOE results. CONSULTANT shall finalize the memorandum based
on comments received from the PROJECT AGENCY applicant or sponsor, the other
involved AGENCIES, and the APM
Deliverables - Task 5:
1. All optimized and synchronized traffic signal timing plans, including existing corridor
conditions and improved corridor conditions.
2. Field implementation of optimized traffic signal plans for existing corridor conditions,
including all required fine tuning.
3. Evaluation, recommendation, and installation of a time-referencing system.
4. Electronic Synchro 8.0 data files used in analysis.
5. Electronic SimTraffic data files used in analysis.
6. Electronic Tru-Traffic v 10.0 data files with video used in analysis.
7. Electronic versions of all other data files and memorandums.
8. Memorandum documenting the signal timing optimization and implementation.
9. Deliverables of Task 1 and Task 2 to PARTIES shall be limited to respective political
boundaries.
Task 6: 'After' Study
The CONSULTANT shall conduct an 'After' field study representative of the times and
days for which synchronization plans will be developed. The 'After' study must be
conducted in the same manner and contain the same MOE's as the 'Before' study in
order to evaluate the improvements of the synchronization plans. MOE's should be
compiled for the optimized corridor using the floating car method output in Tru-Traffic
25D-70
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
and then from Synch ro/SimTraffic 8.0. A minimum of five (5) runs will be completed in
each direction for each of the three weekday timing plans (a.m., midday, and p.m.), and
a minimum of five (5) runs will be completed in each direction during the Saturday
midday plan.
Project travel-time data will be collected using the floating car method, a laptop
computer, a GPS receiver unit, and the methodologies and software to match the before
study, exactly.
CONSULTANT shall prepare a memorandum comparing the results of the 'Before' and
'After' field study with reference to the specific MOE's and present the findings to the
Board. CONSULTANT shall also provide at least two public video travel time
presentations (Transportation Commission Meeting and City Council Meeting).
CONSULTANT shall finalize the memorandum based on comments received from the
APM and other involved AGENCIES.
Deliverables - Task 6:
1. Memorandum comparing the results of the 'Before' and 'After' studies, to be
distributed to OCTA Board as an item. More detailed analysis of project results to
be included in Task 6: project report.
2. Presentation to the Board of the 'Before' and 'After' study comparison.
3. Synchronized Video with graphical travel time presentation to at least 2 public
meetings (Transportation Commission Meeting and City Council Meeting or
equivalent. Maximum number of meetings shall be equal to 2 per participating
AGENCY)
4. Electronic versions of all data files and memorandum.
Task 7: Synchronization System Construction - Agency Specific
General:
CONSULTANT shall coordinate with each AGENCY of the PROJECT to assess special
construction requirements, needs and desires, either known and proposed or previously
unforeseen or unknown but necessary to complete the project. This may include:
1. GPS time clocks at Central, Field Master, and Local Intersection Controller
Assemblies;
2. The replacement and/or modifications to intersection controller assemblies and/or
units;
3. New Central Systems or Modifications or upgrades from closed loop system to
central system hardware, firmware, and software,
4. Modifications, additions; or repair of missing or damaged signal synchronization
infrastructure and other assets to be determined. (See Attachments or Appendices
for the matrix for each AGENCY as to what is currently proposed to be constructed.
See Task 3: Field Review, Plans Specifications and Estimates, Design Standards
2 SD-71
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
and Requirements for allowed systems and sub systems, sole source, and design
requirements for all equipment to be installed.); and
5. Attention is directed to Section 86 - 1.05 WARRANTIES, GUARANTIES, and
INSTRUCTION SHEETS of the State Standard Specifications.
CONSULTANT shall provide the following:
a. 1 YEAR GUARANTEE on LABOR and MATERIAL for all equipment
furnished, installed, and/or modified
b. 3 YEAR GUARANTEE on Firmware and Software Patches, Fixes, Updates,
and Upgrades for
o Central Systems Control and Communications,
o Field Master, and Local intersection controller units
Maintenance Contracts or extra fees for these specific tasks and deliverables shall not
be allowed nor charged to any PARTY or AGENCY by either the CONSULTANT,
his/her Sub - Consultants, and/or vendors/suppliers, either jointly or severally, of the
specified systems and related components for this service or task.
Enforcement of Standard Warranties or Guaranties for hardware and software or
firmware specified heretofore shall be the sole responsibility of the AGENCY
receiving the equipment.
Deliverables - Task 7:
1. Procure and install any and all equipment as specified but within budget for the
PROJECT as proposed in the Scope of Work and Attachments or Appendices.
2. Negotiate with APM and AGENCY representatives on alternative procurements or
substitutions as deemed necessary during the course of the PROJECT.
3. AS BUILT Plans and Specifications.
4. All WARRANTIES and GUARANTIES as specified
Task 8: Continuing Signal Timing Support
CONSULTANT will provide "on-call" signal timing support services for a period of two
years or 24 months following the implementation and fine - tuning of the final signal
timing plans, Task 5, to address any future adjustments that may be needed during this
period. Depending on the nature of the adjustment, CONSULTANT may accomplish the
fine-tuning adjustments remotely from the Consultant's office through the traffic
management systems. During this 24-month period CONSULTANT will be prepared to
review any project intersection requested by the PARTIES within (24) hours of written
notice, including observing and fine-tuning the signal timing.
CONSULTANT will drive the length of the project arterial during all designated corridor
synchronization timing plan hours of operation on a monthly basis in order to verify that
2M-72
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
the synchronization timing is working as designed, and complete any necessary
adjustments. Monthly driving times will consist of a full 12-hour weekday and a 4-hour
Saturday. CONSULTANT shall notify APM 24 hours prior to commencement of driving
periods.
Deliverables - Task 8:
1. 24 months of on-call support and revised signal timing plans and memorandum
documenting CONSULTANT recommendations and AGENCY actions
2. Electronic versions of all data files and memorandums.
Task 9: Project Report
At the end of the three (3) year contract period, CONSULTANT shall prepare a Final
Report with an executive summary. The report shall provide complete documentation of
the project, including, but not limited to, project objectives, project locations, project
scope, findings, recommendations, implementation schedule, improvements
accomplished, report on the Continued Signal Timing Support per Task 8, and
procedures for continuing maintenance, surveillance, and evaluation of the coordinated
signal system, work performed, data collected: 'before' and 'after' studies and project
benefits achieved in terms of fuel savings, travel time, and other measurable
parameters. The report shall document all planned and programmed improvements on
the study corridor as well as recommendations for further infrastructure improvements
that would likely improve the corridor signal coordination project results. CONSULTANT
shall present the final report and results of the project to the Board and city councils as
required. The report shall be completed in accordance with the current CTFP
Guidelines.
The report shall include for each intersection the lane configurations; signal phasing,
turning movement data, and cycle lengths for existing and proposed timings for all peak
periods. In addition, in a separate binder, all the traffic signal phase sequences, signal
timing plans, and pedestrian timings shall be documented. Finally, the report shall
provide recommendations with cost and benefit estimates for future improvements to
traffic signal infrastructure (signal controllers, vehicle detection, communications, etc.),
intersection capacity (appropriate signal phasing, lane geometrics, and alleviation of
physical bottlenecks that curtail arterial capacity), and traffic management strategies.
These proposed improvements are beyond the scope of this demonstration project but
should be useful in determining future enhancements to the corridor.
Deliverables - Task 9:
1. Draft and Final PROJECT Signal Synchronization Project Report (one electronic
master and 15 hardcopies) and Presentations.
29D-73
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
Task 10: Traffic Signal Modeling Software Support
CONSULTANT, in addition to specific needs of AGENCIES as listed in the Attachments
to this Scope of Work, shall supply to OCTA or specified AGENCY, any upgrade or new
licenses for the following software and manuals:
Agency Name Product Name Quantit Upgrade New
Westminster S nchro 8.0 1 X
1. Consultant shall provide a four day training session consisting of four (4) modules.
The modules will be on the functions and features of the following programs:
Module 1 - Highway Capacity Manual 2010 (HCM 2010) and its relationships to the
vendor software supplied on this project and other related items.
a. Shall be the first module in the training session.
b. Oriented to transportation planning/operations and the interaction of
Synchro/Sim Traffic 8.0
c. Four (4) hours in length
2. Module 2 - Synchro/Sim Traffic 8.0
a. Module 2.1 - 3D Viewer 8 set up and operation (optional)
3. Module 3 - Tru Traffic 9.0
4. Module 4 - Interaction between the programs and usage
The course content and times shall be coordinated with the APM and the Consultant.
The classes will be scheduled to take place in the OCTA IS Training Room.
The programs shall be taught over a 4 day period. The HCM session or module shall
be taught to OCTA personnel and Consultant invited personnel only. The HCM session
shall be taught the first 4 hours of the instructional period, followed by Synchro/Sim
Traffic and Tru Traffic.
As part of the Tru Traffic Training, the Consultant shall provide a 'hands - on' exposure
to floating car studies in real time in a suitably equipped vehicle with laptop/gps on Main
Street in front of OCTA Headquarters. The length of the segment shall be from
Chapman Avenue to the CHOC Hospital Intersection near the SR - 22 Freeway. OCTA
shall provide the Synchro Network and Tru Traffic Network for that use.
The APM shall solely make the determination of the scheduling, content, and who will
instruct the training. The Consultant may perform the 'hands - on' exposure to floating
car studies requirement after the initial 4 day training session if deemed appropriate by
the APM and the AGENCIES.
Consultant shall be responsible for all expenses related to training, including travel,
lodging and per diem plus actual training course fees, licenses, and document
production required from the program vendor. OCTA shall supply the IS Training Room
26D-74
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
and sufficient numbers of laptops and workstations to train up to maximum 22
individuals associated with the Project. Project participants or their respective
designees shall have priority of attendance over all other persons. OCTA personnel
shall have priority of attendance over all other persons for the HCM training module.
Schedule for this Task 10 Traffic Signal Modeling Software Support shall be determined
by the Project Development Team at the Kick-Off b. or first Project Development Team
Meeting.
Deliverables:
1. Four module training session as specified.
2. Software with licenses, and manuals as specified
26b-75
THIS PAGE LEFT INTENTIONALLY BLANK
17
25D-76
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
Edinger Avenue - Work by Location
:gip a
i3`'
•_ 0`Y
'try.
•'oca
.
R
'ri' f 1IIf .
t.
Huntington Beach Bolsa Chica Street 1 3892
Huntington Beach Graham Street 2 3893
Huntington Beach Springdale Street 3 3895
Huntington Beach Edwards Street 4 3894,
Huntington Beach Goldenwest Street 5 3896
Huntington Beach Goldenwest College 6 3975
Huntington Beach Gothard Street 7 3897
Huntington Beach Wards Drivewa 8 3983
Huntington Beach Sher Lane 9 3855
Huntington Beach Parkside Lane 10 3854 E IIC, see wishlist
Caltrans Beach Boulevard 11 237
Huntington Beach Newland Street 12 3898 E I/C, see wlshiist
Westminster Magnolia Street 13 6112 ce, see wishlist
Fountain Valle Bushard Street 14 7073 ce, ca, VS, corn, see wishlist
Fountain Valle Brookhurst Street 15 7074
Fountain Valle Ward Street 16 7072 ce, ca, com, see wishlist
Fountain Valle Euclid Street 17 7071
Santa Ana Newhope Street 18 2584 ee, es, see wishlist
Fountain Valle Harbor Boulevard 19 2585 VS, FS, see wishlist
Santa Ana Mohawk Drive 20 2447 ee, see wishlist
Santa Ana Fairview Street 21 2586 SD, BT, FS, see wishlist
Santa Ana Sullivan Avenue 22 2448 ce, ca, E_-detection, ee, see wishlist
Santa Ana Greenville Street 23 2449 ee, see wishlist
Santa Ana Center Street 24 2450 es, see wishlist
Santa Ana Raitt Street 25 2587 es, see wishlist
Santa Ana Pacific Avenue 26 2652 ee, see wishlist
Santa Ana Bristol Street 27 2590 BT, FS, see wishlist
Santa Ana Baker Street - Monarch 28 2588 ee, see wishlist
Santa Ana Flower Street 29 2589 VS, WR, es, ee, see wishlist
Santa Ana Broadway 30 2591 N I/C-TP, ee, see wishlist
Santa Ana Main Street 31 2592 N I/C-TP, BT, es, ee, see wishlist
Santa Ana Orange Avenue 32 C-TP, as, see wlshiist
Santa Ana Maple Bike Trail 33 see wishlist
Santa Ana Standard Avenue 34 ca, es, ee, see wishlist
Santa Ana Grand Avenue 35 m , SD, E I/C-TP, FS, F-splicing, see wishlist
Santa Ana Lon Street 36 ee, TP-splicing, see wishlist
Santa Ana Ritchey Street 37 ca, ee, VS, FS, TP & F-splicing, BT, see wishlist
Caltrans
SR-55 SB Ram - Auto Mall Drive
38 9ps
cu = controller unit; ca = controller assembly includes cu + all necessary equipment and appurtenances + es; ce = cabinet equipment; es =
ethernet switch; FS = Fiber Switch; ee = ethernet extender; gps = gps interface and antennae installed; 2070 = 2070 Com## - 2070
Communication Module, 170E - Field Master; CM = Modem - Communications Module; C = CenTracs; TAC = TACTICS; ASCL = ACS Lite;
A = Aries; BB = Battery Backup System; Existing or New 11C = Interconnect Conduit with media; media - F = Fiber Optic, TP = ## pair
Twisted; VD = Video Detection; WD - Wireless Detection; SD - System Detection; VS = Video Surveillance System; W = WiFi; WR =
Wiriess Radio; BT- Biuetooth; L = Loop Detector; EVP = Emergency veh. pre-empt; T ## = Type II or III Electrical Service; a # following
item codes = quantity (i.e. L42 = install 42 loop detectors); * = shared ownership; ** following task code = NOT A PART, agency pays 100%
for that task only; m - cu = modify existing controller. New controller may be substituted if functionally equivalent. CONSULTANT is
cautioned to verify interconnect components In field.
All equipment is furnished and installed and/or modify existing installation with 1 year guaranty on labor and material Firmware and Software
Upgrades for installed specified systems are included in the installed price for a period of 3 years. Excludes new software for new features not
originally installed nor specified to be installed and included. Removal of existing equipment and appurtenances is Included in the furnish and
install or modify existing installation price. PS & E may be available at no cost to the Consultant from Project Agencies.
18
25D-77
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
11 Comments, Wishes, Needs of Huntington Beach 11
Instructions: Enter any special circumstance such as conduit, communications, central or field master
modifications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Data
Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish.
Between Newland and Parkside Conduit repair/replacement, interconnect
part of original application
19
25D-78
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT A
Comments, Wishes, Needs of Fountain Valley
Instructions: Enter any special circumstance such as conduit, communications, central or field master
modifications, new systems, TMC, YIDS, etc. that are not part of the intersection listing on the Main Data
Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish.
Priori Description Comments
Bushard St. Cabinet & Controller Upgrade, Communication,
CCTV Camera system
Ward St. Cabinet & Controller upgrade, Communication
Harbor Blvd. CCTV Camera Syste, Communication
*part of original application
20
25D-79
AGREEMENT NO. C-2-2030
ATTACHMENT A
Comments, Wishes, Needs of Santa Ana
Instructions: Enter any special circumstance such as conduit, communications, central or field master
modifications, new systems, TMC, VIDS, etc. that are not part of the intersection listing on the Main Data
Sheet. Prioritize with 1 being best and 5 being worst. Add items if you wish.
Priori Description Comments
* Newhope Street Communication
* Mohawk Drive Communication
* Fairview Street System detection, Communication equipment, Bluetooth
Travel Time
* Sullivan Avenue Cabinet & controller upgrade, Detection, Communication
* Greenville Street Communication
* Center Street Communication
* Raitt Street Communication
* Pacific Avenue Communication
* Bristol Street Communication, Bluetooth travel time
Baker St-Monarch Communication
* Flower St. CCTV Camera System, Wireless Broadband Antenna,
Communication
* Broadway Install conduit and Interconnect, Communication
* Main Street Install Interconnect, Communication, Bluetooth Travel Time
Orange Avenue Communication
* Maple (Bike Trail) Communication
* Standard Avenue Cabinet & controller upgrade, Communication
* Grand Avenue CCTV Camera System Detection, Install Interconnect, Fiber
Splicing, Communication
* Lyon Street Communication, Interconnect splicing
Ritchey Street CCTV Camera System, Communication, Interconnect &
Fiber Splicing, Bluetooth Travel Time
*part of original application
21
25D-80
AGREEMENT NO. C-2-2030
ATTACHMENT A
Comments, Wishes, Needs of Westminster
Instructions: Enter any special circumstance such as conduit, communications, central or field master
modifications, new systems, TMC, VIDS, etc, that are not part of the intersection listing on the Main Data Sheet.
Prioritize with 1 being best and 5 being worst. Add items if you wish.
Priori Description Comments
Magnolia St. Cabinet Upgrade
1 One (1) Synchro license upgrade Upgrade to latest edition
*part of original application
22
25D-81
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT B
Local Match Commitment
Details of Matching Funds: (must be consistent with PROJECT APPLICATION):
Provide details in tables
Cash Match: Total Cash Match for the Project: $ 59.617
in-Kind Match: Total In-Kind Match for the Project: $_125,733
Total Match for Project: $ 185.350
Cash Match:
Agency Funding Source Amount of Cash Contribution
City of Huntington Beach AQMD $ 6,617
City of Westminster Traffic Impact Fee $ 3,000
City of Fountain Valley Measure M Turnback $10,000
City of Santa Ana Measure M Turnback $ 40,000
TOTAL $ 59,617
25D-82
In-Kind Match (Improvements or Staffing Support):
Specific Improvements and Services (List items and Cnctl
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT B
Staffing Commitment:
Fully
Agency Staff Position Type of Service to No. of Burdened Total
Project Hours Hourly
Rate
City of Principal Civil Project Support /
Huntington Beach Engineer Im lementation 60 $142 $ 8,520-
City of
Huntin ton Beach Admin Admin 50
$142
$ 7,100-
City of
-Huntington Beach Maintenance Maintenance 249.86 $88 $ 21,988*
City of Westminster Principal Civil
Engineer Project
Design/Implement
8
$68
$ 544*
/ Constr. En .
City of Westminster Assistant Civil Project Design /
Engineer
Implement /
10
$48
$ 480*
Constr. En .
City of Westminster Public Works Construction
Inspector
Engineering /
8
$40
$ 320*
Ins ection
City of Westminster Sr.
Administrator
Project Admin
7.11
$36
$ 256*
Assistant
City of Deputy City Project Admin /
Fountain Valle Engineer Review 30 $140 $ 4,200-
City of Assistant Project Support /
Fountain
Engineer
Implementation lementation
46.75
$100 --
$ 4,675*
City of Santa Ana Sr. Civil
Engineer Project Admin /
Review
150
$118
$ 17,700*
City of Santa Ana Assistant
Engineer II Project
Design/Implement
303.03
$99
$ 30,000-
/ Constr. En g.
Assistant Project
City of Santa Ana Traffic Oper Design/Implement 227.27 $99 $ 22,500*
En ineer / Constr. En g.
City of Santa Ana Engineering
Intern Project
Design/Implement
338.64
$22
$ 7,450*
/ Constr. En g.
TOTAL $125,733
*Total amnun+ is +ho r--i- ,4 ...,.ti..i....a:,.., i... .?_
. ---.--.- •, ,_ _Jwll Nay w,1VCxuvn by the identified agency. i ne number of hours and hourly rate will
be based on each agency's actual fully burdened billing rates, which must collectively equal the same value
of the assigned "Total" dollars. Each agency will be responsible for keeping detailed records of hours
worked and description of work. An accounting record of personnel, hours at fully burdened rate is
expected to be included with the final submittal. Records will be subject to auditing.
2501-83
COOPERATIVE AGREEMENT NO. C-2-2030
ATTACHMENT C
List of Contacts
OCTA
Mr. Ronald (Ron) Keith
Principal Traffic Engineer
Project Manager
600 S. Main Street
Orange, CA 92868
Tel: 714.560.5990
rkeithCD-octa.net
Huntington Beach
Mr. William Janusz
Principal Civil Engineer
2000 Main Street
Huntington Beach, CA 92648
Tel: 714.374.1628
wjanusz ?D,surfcity-hb.org
Westminster
Mr. Adolfo Ozaeta
Traffic Engineer
8200 Westminster Blvd.
Westminster, CA 92683
Tel: 714.548.3462
aozaeta(a),westminster-ca.gov
Fountain Valley
Mr. Temo Galvez
Deputy City Engineer
10200 Slater Avenue
Fountain Valley, CA 92708
Tel: 714.593.4517
Temo.galvez(a fountainvaIley.org
Santa Ana
Mr. Vinh Nguyen
Senior Civil Engineer
Public Works Agency
20 Civic Center Plaza, M-43
Santa Ana, CA 92701
Tel: 714.647.5612
vnguyen(,santa-ana.org
2501-84
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
ORDINANCE TO REPEAL ARTICLE XX
DISESTABLISHING THE DOWNTOWN
COMMUNITY MANAGEMENT DISTRICT
AND DIRECTION REGARDING
REACTIVATION OF DOWNTOWN BID
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt an ordinance repealing Article XX of Chapter 13 of the Santa Ana Municipal Code
relating to community management districts; and
2. Direct staff to undertake activities to allow consideration of reactivation of the Downtown Santa
Ana Business Improvement District (BID).
DISCUSSION
The City of Santa Ana established a Business Improvement District (BID) in 1984 at the request of
Downtown merchants to provide funds from business license surcharges for the promotion of the
Downtown. Funds were collected for this BID continuously through 2007. On December 15, 2008
the City Council adopted a resolution establishing the Downtown Santa Ana Community
Management District (commonly known as the PBID) and levied assessments on property owners
within the District to fund various programs benefiting the Downtown. On May 18, 2009, the City
Council approved an agreement with Downtown, Inc. to manage the Downtown PBID and
Downtown, Inc. proceeded to administer the Clean & Safe Programs and undertake marketing
efforts outlined in their annual report.
Concurrently, it became evident that while there were many Downtown stakeholders supportive of
the PBID and its programs, there were also Downtown stakeholders - both property owners and
business owners - that either did not agree with the initial formation of the PBID or did not agree
with the program expenditures. Due to this disagreement and other factors, the City Council did
not levy the PBID assessment in 2012 and therefore, did not provide Downtown, Inc. the funds
anticipated in the May 2009 agreement.
On January 22, 2013, the City Council will consider in closed session a potential settlement
agreement with Downtown, Inc. If the City Council agrees to the settlement terms presented, the
City Attorney will then report the terms of the settlement agreement to the public in open session.
5OA-1
ORDINANCE TO REPEAL ARTICLE XX DIESTABLISHING
THE DOWNTOWN COMMUNITY MANAGEMENT DISTRICT
January 22, 2013
Page 2
If this occurs, staff recommends that the City Council proceed with the two actions proposed in this
agenda item.
The two actions proposed, in combination with the Downtown, Inc. agreement, are a result of two
years of discussion concerning the best way for all interests in the Downtown to move forward in
their collective efforts to remain a unique and vibrant shopping, business and entertainment center.
The actions are summarized below.
Ordinance Disestablishing the Downtown CMD
On August 18, 2008 the City Council approved Article XX of Chapter 13 of the Municipal Code
which set rules and procedures for the establishment of community management districts
(commonly referred to as PBIDs). As noted earlier, the City Council then established a PBID under
these rules for the Downtown in December 2008.
If the City Council desires to disestablish the existing Downtown PBID, it is recommended that the
entire enabling authority be repealed. Repeal of Article XX would automatically dissolve any PBID
established to date and would ensure that new rules and procedures would be enacted should the
City and property owners wish to consider a PBID in the future.
Direction Regarding Reactivation of the Downtown BID
The Downtown Santa Ana Business Improvement District (BID) was established in February 1984
as a means of providing the Downtown business community with funding for promoting the
Downtown, increasing security, enhancing maintenance and implementing improvements. The
Community Redevelopment and Housing Commission (CRHC) is designated as the BID Advisory
Board, responsible to prepare and administer the BID's annual budget and annual report. Unlike
the property-based PBID, the BID is funded based upon business license tax surcharges and is
therefore funded by businesses, not property owners. Based on a current analysis of business
license tax accounts, there are now 720 active business license accounts within the BID boundary
with 623 BID-eligible businesses (State law exempts certain businesses from local business
license taxes, including banks and insurance companies. The Municipal Code further exempts
non-profits such as schools and churches.)
Since 2007, no BID assessment levies have been approved by the City Council. With the
disestablishment of the PBID, both Downtown, Inc. and other involved property owners and
businesses have endorsed a return to the BID as a means to generate funds for the promotion of
Downtown. State law and the Santa Ana Municipal Code provide precise direction concerning
levying assessments for the City's current Downtown BID. In general terms, the City would notice
the affected businesses of the intent to consider levy of the assessments, ballots would be sent to
the businesses for return prior to a public hearing, and a public hearing on the assessment would
be held. If a majority of affected businesses protest the assessment, the proceeding would end. If
5OA-2
ORDINANCE TO REPEAL ARTICLE XX DIESTABLISHING
THE DOWNTOWN COMMUNITY MANAGEMENT DISTRICT
January 22, 2013
Page 3
a majority of businesses are in favor, the City Council may adopt a resolution approving the BID
assessment.
If directed by the City Council, staff will undertake the following actions related to reactivation of the
BID:
1. Send each business within the Downtown BID boundary a letter providing background on
the BID, information on the amount of the BID surcharge and information concerning the
upcoming process for consideration of reactivation. Meet with business groups as
requested to ensure full understanding of process and BID structure.
2. Brief the Community Redevelopment and Housing Commission concerning City Council
direction and seek the CHRC recommendation of approval of an assessment report.
3. Agendize for City Council consideration of approval of the assessment report and a
resolution of intent to levy and collect the BID assessments. If City Council approves the
resolution of intent to levy, information and ballots will be mailed to each business within the
BID boundary.
4. Hold City Council public hearing to hear and consider all protests. As noted earlier, if a
majority of affected businesses protest the assessment, the proceeding would end. If a
majority of businesses are in favor, the City Council may adopt a resolution approving the
BID assessment.
5. Work with Downtown associations on administrative contracts to program the BID funds.
FISCAL IMPACT
There are no fiscal impacts associated with the recommended actions.
i
Paul Walters
City Manager
5OA-3
5OA-4
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY OF SANTA ANA
REPEALING ARTICLE XX OF CHAPTER 13 OF THE
SANTA ANA MUNICIPAL CODE RELATING TO
COMMUNITY MANAGEMENT DISTRICTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. Ordinance No. NS-2771 of the Santa Ana Municipal Code
relating to the establishment of Community Management Districts is
hereby repealed.
Section 2. The adoption of this ordinance is exempt from CEQA and a
Notice of Exemption will be filed if this ordinance is adopted.
Section 3. Chapter 13 of the Santa Ana Municipal Code is hereby
amended to delete Article XX in its entirety.
ADOPTED this day of , 2012.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
(name)
City Attorney
5OA-5 Ordinance No. NS-XXX
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 2
5OA-6
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
RESTRUCTURE CITY COUNCIL
COMMITTEES AND APPOINT MEMBERS
1
t' ? t
CITY MANAGER
RECOMMENDED ACTION
1. Approve the Ad
recommendation
following five:
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on Vt Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Hoc Committee's (Councilmembers Martinez and Sarmiento)
to consolidate the City Council Committees and establish the
• Development and Transportation Committee
• Public Safety and Neighborhood Improvement Committee
• Parks, Recreation, Education & Youth (PREY) Committee; and Joint Santa Ana
Unified School District /City Council Committee
• Code of Ethics and Conduct Committee
• Finance, Economic Development and Technology Committee
2. Adopt a resolution restructuring the City Council Committees and amending the
appointing authority.
3. Approve the Ad Hoc Committee's recommendation to appoint the following members:
• Development and Transportation Committee
Benavides, Sarmiento, Martinez
*Pulido requested consideration of appointment to the Development and
Transportation Committee
• Public Safety and Neighborhood Improvement Committee
-> Benavides, Martinez, Reyna
• Parks, Recreation, Education & Youth (PREY) Committee; and Joint Santa Ana
Unified School District /City Council Committee
--> Amezcua, Reyna, Tinajero
55A-1
Restructure City Council Committees
January 22, 2013
Page 2
• Code of Ethics and Conduct Committee
--> Tinajero and Amezcua
• Finance, Economic Development and Technology Committee
--> Sarmiento, Martinez, Benavides
DISCUSSION
At the December 17, 2012 City Council Meeting the City Council established an Ad Hoc
Committee comprised of Councilmembers Martinez and Sarmiento. The Committee
convened to review and identify opportunities for realignment or reassignment of functions
and responsibilities of the council committees. The Ad Hoc Committee recommended the
following committees that would consolidate from the previous seven to five: 1. Development
and Transportation Committee; 2. Public Safety and Neighborhood Improvement
Committee; 3. Parks, Recreation, Education and Youth (PREY) Committee; and Joint Santa
Ana Unified School District/City Council Committee; 4. Code of Ethics and Conduct
Committee; 5. Finance, Economic Development and Technology Committee.
The Ad Hoc Committee further requested that the Clerk of the Council poll the mayor and
councilmembers as to which committee(s) they wish to serve on. The results were tallied
and are reflected in the order received as part of the recommendation.
I
Bylaws for all City Council Committees will be prepared by the City Attorney's Office and
forthcoming for City Council approval at a subsequent meeting.
Finally, the structure of the City Council Committees should be reviewed by the City Manager
and the City Council periodically to ensure that the diverse issues and challenges facing the
City are adequately addressed. In the past, the Council established single purpose citizen
committees, such as the Charter Review Committee, to address topical issues. The review
of social service programs for Community Development Block Grant funds is also an
example of a task that could be performed by a citizen committee appointed on an annual
basis.
FISCAL IMPACT
No fiscal impact associated with this action.
Maria D. Huizar
Clerk of the Council
55A-2
RESOLUTION NO. 2013-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING CERTAIN COMMITTEES OF
THE CITY COUNCIL AND REPEALING RESOLUTION
NOS. 1998-091, 1999-069, 2001-016, 2001-33, 2003-001,
2007-014, AND 2007-029 REGARDING COMMITTEES OF
THE CITY COUNCIL
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. By resolutions approved in the past, the City Council had created as many
as eight (8) Council Committees for the purpose of focusing greater
Council attention on key priorities coming before the Council in the future.
B. The City Council now seeks to reorganize the Council Committees by
replacing the previous eight (8) with five (5) Committees of the City
Council, in order to improve efficiency and productivity of the committee
process.
SECTION 2. From and after the date hereof, there shall be the following
Committees of the City Council:
1. Development and Transportation Committee
2. Public Safety and Neighborhood Improvement Committee
3. Parks, Recreation, Education & Youth (PREY) Committee; and Joint
Santa Ana Unified School District and City Council Committee
4. Code of Ethics
5. Finance, Economic Development and Technology Committee
Each committee shall consist of two (2) or three (3) councilmembers. The
members of the committees shall be appointed by a majority of the entire Council at a
public meeting. Committee members do not receive additional stipends or
compensation for serving of these committees. Each committee member shall serve on
the committee for a two year term commencing with the first meeting of each new city
council following a general election, but each councilmember shall continue to serve on
his or her committee until replaced.
SECTION 3. This Resolution repeals and replaces all previous resolutions in
their entirety relating to this subject matter.
Resolution No. 2003-001
Page 1 of 2
55A-3
ADOPTED this day of , 2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Bv:
Sonia R. Carvalho
City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2013-xxx to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
Resolution No. 2013-XXX
Page 2 of 2
Clerk of Council
City of Santa Ana
55A-4
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 7, 2013
TITLE:
PUBLIC HEARING - RESOLUTION
AUTHORIZING CONDEMNATION OF
REAL PROPERTY FOR GRAND
AVENUE WIDENING (PROJECT NO.
081732 NONGENERAL FUND)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2ntl Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO 112212013
FILE NUMBER
Adopt a resolution authorizing the condemnation of real property located at 202-218 North Grand
Avenue (APN 398-453-06) and 1214 East Third Street (APN 398-453-05) and declaring the public
necessity and interest therefore.
DISCUSSION
Grand Avenue is a major north-south transportation facility which is designated as a major
arterial highway and carries in excess of 35,000 vehicles per day. The widening of Grand
Avenue between First and Seventeenth Streets has been a long-term priority project that will be
constructed in several phases. The improvements include widening of the street from two to
three lanes in each direction; installing raised landscape medians; constructing curb, gutter, and
sidewalks; and installing bike lanes. The Public Works Agency is acquiring property for Phase I
between First and Fourth Streets, and expects to complete the acquisition process by June 2013.
The transportation improvements require full acquisition of the properties located at 202-218
North Grand Avenue and 1214 East Third Street (Exhibit 1) to accommodate the widening. The
Public Works Agency has made a diligent effort to negotiate with the property owner and their
representatives for the past 10 months. On November 8, 2012, a good faith offer was made in
the amount of $3,200,000. The Public Works Agency has made, and will continue to make,
every effort to reach a settlement with the property owner. Although negotiations will continue,
staff is requesting adoption of a resolution of necessity and initiation of condemnation
proceedings (Exhibit 2) in order to maintain the Grand Avenue widening project schedule and to
commence construction in summer of 2013.
75A-1
Public Hearing & Resolution Authorizing
Condemnation of Real Property for Grand Avenue Widening
January 7, 2013
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared FEIR (SCH No. 1998051068)
approved by the City Council in 2002. In accordance with National Environmental Policy Act, an
Environmental Assessment document with a Finding of No Significant Impact was prepared for the
proposed project and was approved by the California Department of Transportation and Federal
Highway Administration in 2011.
FISCAL IMPACT
There is no fiscal impact associated with this action.
s
Rau odinez II
Executive Director
Public Works Agency
RG/JG
Exhibit: 1. Location Map
2. Resolution of Necessity
75A-2
N
(N T S) 398-383 04
I
396-383-08
?rrM
m
m 398-383-13
n
m
n '
li m 1 m ? m ? m
m 1 W j m i m i
! n ! n i m i n 1
m! P i_ W! i m l u, 1
I W! W! m! m? m 1? 1
? m i m! m i N!? i l
m! W 1 m j m i m W
!i P; P P P ! P; P
'am ? ? ? rLr.?_r,J
N Q i Q !
P; c? 1 m j N
18454-1I? mm ? P
1 1 m 1
m ? co ! rPi
w
D
Z
Q
Z
Q
M i m i m! m !xm i m l m i m i
1
W! m l m! m I W I W W 1 m i
1° 1° 1°!° I rP ° i T i
i ! N 1 1 In i tD i P
m ??? m! W i?? m i
1 m i W! m m m I W
P P A ?? 1 P
THIRD STREET
f m i m! m '-! m? m? Q
i i!`! N
m i m! m m I W j a
1 limlmi
1 ? ; m ? m i I m
1S m m I ri P ? r>
,_,?,_x.r?r_L.x.x _rxLx__i
SECOND STREET
._T._r,?.
i ._r.
m
;m mllm?mlm!mlmlm!
? a? Q j o P j P 1 a j p i Q?
P I m i P! P. P? P i P! P I P!
! 1
0 1 v ! v 1 0 !
FIRST STREET
m ? ?, ? m m
m m m ,
m m
LEGEND:
17/7 SUBJECT PROPERTY
SANTA ANA TITLE-
PUBLIC FEAFM - FEBOLU MN AUTHOFO10
E'. CC*KM3f?IA„ON FEAL PPOMMW F M
C - DCqxpgTL
JAN. 7. DAT ORMM AVENUE WDEiM
;"Jv ,4
q'ROJE r NO.: 06M NON-GBNERAL FUM)
75A-3
FOURTH STREET
75A-4
EXHIBIT 2
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FINDING AND DETERMINING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTIES LOCATED WITHIN THE CITY OF SANTA
ANA LOCATED AT 202-218 N. GRAND AVENUE AND 1214
E. 3" STREET (APN 398-453-05 AND 398-453-06)
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 on January 7,
2013, after written notice duly provided to all those claiming ownership, including
the owners of the properties described hereafter, as they appeared on the last
equalized County assessment roll, held a hearing pursuant to Code of Civil
Procedure section 1245.235 for the purpose of allowing the owners thereof a
reasonable opportunity to be heard on the following matters:
A. Whether the public interest or necessity requires the project;
B. Whether the project is planned or located in a manner which is
most compatible with the greatest public good and the least private
injury;
C. Whether the properties proposed to be acquired is necessary for
the project;
D. Whether the offer required by Government Code section 7267.2(a),
together with the accompanying statement and summary of the
basis for the amount established as just compensation, was
actually made and whether said offer and statement/summary
contained all of the factual information required by Government
Code section 7267.2(a);
E. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain
to acquire the properties described herein, as well as any other
matter regarding the right to take said properties by eminent
domain; and
F. Whether the City has statutory authority to acquire the properties by
eminent domain.
Resolution No. 2013-
Page 1 of 5
75A-5
Section 2. The City Council has, as a result of its consideration and the
evidence presented at the hearings on this matter, and in accordance with the
California Environmental Quality Act ("CEQA") and the State CEQA Guidelines,
determined that the proposed project has been adequately evaluated in the
previously prepared Environmental Impact Report/Environmental Impact
Statement EIR No. 98-01 and all subsequent addenda. In accordance with
National Environmental Policy Act, an Environmental Assessment document with
a Finding of No Significant Impact was prepared for the proposed project and
approved by the California Department of Transportation and Federal Highway
Administration in 2011.
On the basis of this review, the City Council finds that there is no evidence
from which it can be fairly argued that the Project will have a significant adverse
effect on the environment.
Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR")
§ 735.5(c)(1), the City Council has determined that, after considering the record as
a whole, there is no evidence that the proposed project will have the potential for
any adverse effect on wildlife resources or the ecological habitat upon which wildlife
resources depend. The proposed project exists in an urban environment
characterized by paved concrete, roadways, surrounding buildings and human
activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR
§ 735.5(a)(3), the payment of Fish and Game Department filing fees is not required
in conjunction with this project.
Section 4. The City of Santa Ana ("the City"), as a result of said
hearing, has determined that the proposed project is planned or located in a
manner that will be the most compatible with the greatest public good and least
private injury and that the public interest, necessity, health, safety and welfare
require the acquisition by the City of Santa Ana of those certain real properties
located at 202-218 N. Grand Avenue and 1214 E. 3rd Street (APN 398-453-05
and 398-453-06) in the City of Santa Ana, California ("the "Properties"). The
Properties are situated in the City of Santa Ana, County of Orange, State of
California, and more particularly described in Exhibit "A" which is attached hereto
and incorporated herein by reference and made a part hereof as though fully set
forth herein, for the public purposes hereafter set forth.
Section 5. The City hereby finds, determines and declares that the
public interest, convenience and necessity require the acquisition by said City of
the Properties described in Section 4 above, including any and all leaseholds and
related improvements for the purposes of the Grand Avenue Widening Project
("the Project"). The location of the Project is between First and Fourth Street for
the widening of Grand Avenue. Included in the project will be street pave-out,
and the installation of concrete curbs, gutters, and sidewalks in a manner which
will be most compatible to the greatest public good and the least private injury.
Resolution No. 2013-
Page 2 of 5
75A-6
EXHIBIT 2
Section 6. The taking of the interest in said Properties as described in
Section 4 above is necessary for the public right of way and is authorized by
Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana
Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure
section 1240.010, 1240.110; California Government Code sections 37350.5 and
40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and
other applicable law.
Section 7. The offer required by Government Code section 7267.2 was
made to the appropriate party or parties with respect to the Properties on or
about February 15, 2012 and November 8, 2012.
Section 8. The City hereby declares that it is the intention of the City of
Santa Ana to acquire in its name, in accordance with the provisions of the laws of
the State of California with reference to condemnation procedures, all interests in
and to said Properties described in Section 4 above.
Section 9. That if any of the Properties described in Section 4 above
has been appropriated for some public use, the public use to which it is to be
applied and taken under this proceeding is a more necessary and paramount
public use.
Section 10. Said Properties described in Section 4 above are located
within the City of Santa Ana, County of Orange, State of California, and is more
particularly described in Section 4 hereof.
Section 11. The City of Santa Ana is authorized to acquire by eminent
domain as provided in the California Code of Civil Procedure.
Section 12. The City Attorney is hereby authorized and directed to
prepare, institute and prosecute in the name of the City such proceedings, in the
proper court having jurisdiction thereof, as may be necessary for the acquisition
of the interests in said Properties described in Section 4 above. The City Attorney
is also authorized and directed to obtain a necessary order of immediate
possession and occupancy of said Properties, at the discretion of the City
Attorney.
Section 13. 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 , 2013.
Miguel A. Pulido
Mayor
Resolution No. 2013-
Page 3 of 5
75A-7
APPROVED AS TO FORM:
Sonia A. Carvalho, City Attorney
By:
Jose Sandoval
Chief Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2013- to be the original resolution adopted by the
City Council of the City of Santa Ana on
Date:
Resolution No. 2013-
Page 4 of 5
Clerk of the Council
City of Santa Ana
75A-8
EXHIBIT 2
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described
as follows:
LOTS 1, 2, 3, 11 AND 12 IN BLOCK "D" OF SANTA ANA INVESTMENT
COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER
MAP RECORDED IN BOOK 11, PAGE 39, OF MISCELLANEOUS RECORDS, OF
LOS ANGELES COUNTY, CALIFORNIA.
APN: 398-453-05 and 398-453-06
Resolution No. 2013-
Page 5 of 5
75A-9
75A-10
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
PUBLIC HEARING - RESOLUTION
AUTHORIZING CONDEMNATION OF
BILLBOARD AND REAL PROPERTY
FOR GRAND AVENUE WIDENING
(PROJECT NO. 081732, NON-
GENERAL FUND) ;
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 (Exhibit 1) authorizing condemnation of the billboard (Face Nos. 004518 and
004517) and the entire real property located at 1221 East Third Street (APN 398-385-05), and
declaring the public necessity and interest therefore.
DISCUSSION
Grand Avenue is a major north-south transportation facility which is designated as a major
arterial highway and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue
between First and Seventeenth Streets has been a long-term priority project that will be
constructed in several phases. Improvements include the widening of the street from two to three
lanes in each direction; raised landscape medians; curb, gutter, and sidewalk construction; and
bike lanes. The Public Works Agency is acquiring property for Phase I between First and Fourth
Streets, and expects to complete the acquisition process by June 2013.
To accommodate these improvements, removal of the billboard and full acquisition of the
property located at 1221 East Third Street (Exhibit 2) are required. The Public Works Agency
has made a diligent effort to negotiate with Clear Channel Outdoor, the owner of the billboard,
and its representatives for the past five months, as well as with the property owners of 1221 East
Third Street and their representatives for the past 11 months. A good faith offer was made to the
Clear Channel Outdoor on August 31, 2012, in the amount of $9,900. A good faith offer was
made to the property owners of 1221 East Third Street on November 8, 2012, in the amount of
$530,000. The Public Works Agency has made, and will continue to make, every effort to reach a
settlement with the property owners. Although negotiations will continue, staff is requesting
adoption of the Resolution of Necessity and initiation of condemnation proceedings in order to
maintain the Grand Avenue widening project schedule and to commence construction in the
summer of 2013.
75B-1
Public Hearing-Resolution Authorizing Condemnation
of Billboard and Real Property for Grand Avenue Widening
January 22, 2013
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared FEIR (SCH No. 1998051068)
approved by City Council in 2002. In accordance with National Environmental Policy Act, an
Environmental Assessment document with a Finding of No Significant Impact was prepared for
the proposed project and approved by the California Department of Transportation and Federal
Highway Administration in 2011.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Rau Godinez II
Executive Director
Public Works Agency
RG/JG
Exhibit: 1. Resolution of Necessity
2. Location Map
75B-2
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FINDING AND DETERMINING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN REAL
PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA
LOCATED AT 1221 E. THIRD STREET (APN 398-385-05)
AND OUTDOOR POSTER PANEL (FACE # 004517 &
004518) LOCATED AT 1221 E. THIRD 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 on January 22,
2013, after written notice duly provided to all those claiming ownership, including
the owners of the properties described hereafter, as they appeared on the last
equalized County assessment roll, held a hearing pursuant to Code of Civil
Procedure section 1245.235 for the purpose of allowing the owners thereof a
reasonable opportunity to be heard on the following matters:
A. Whether the public interest or necessity requires the project;
B. Whether the project is planned or located in a manner which is
most compatible with the greatest public good and the least private
injury;
C. Whether the properties proposed to be acquired is necessary for
the project;
D. Whether the offer required by Government Code section 7267.2(a),
together with the accompanying statement and summary of the
basis for the amount established as just compensation, was
actually made and whether said offer and statement/summary
contained all of the factual information required by Government
Code section 7267.2(a);
E. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain
to acquire the properties described herein, as well as any other
matter regarding the right to take said properties by eminent
domain; and
Resolution No. 2013-
Page 1 of 6
75B-3
F. Whether the City has statutory authority to acquire the properties by
eminent domain.
Section 2. The City Council has, as a result of its consideration and the
evidence presented at the hearings on this matter, and in accordance with the
California Environmental Quality Act ("CEQA") and the State CEQA Guidelines,
determined that the proposed project has been adequately evaluated in the
previously prepared Environmental Impact Report/Environmental Impact
Statement EIR No. 98-01 and all subsequent addenda. In accordance with
National Environmental Policy Act, an Environmental Assessment document with
a Finding of No Significant Impact was prepared for the proposed project and
approved by the California Department of Transportation and Federal Highway
Administration in 2011.
On the basis of this review, the City Council finds that there is no evidence
from which it can be fairly argued that the Project will have a significant adverse
effect on the environment.
Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR")
§ 753.5(c)(1), the City Council has determined that, after considering the record as
a whole, there is no evidence that the proposed project will have the potential for
any adverse effect on wildlife resources or the ecological habitat upon which wildlife
resources depend. The proposed project exists in an urban environment
characterized by paved concrete, roadways, surrounding buildings and human
activity. Therefore, pursuant to Fish and Game Code § 711.4 (c)(2)(A) and Title
XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is
not required in conjunction with this project.
Section 4. The City of Santa Ana ("the City"), as a result of said
hearing, has determined that the proposed project is planned or located in a
manner that will be the most compatible with the greatest public good and least
private injury and that the public interest, necessity, health, safety and welfare
require the acquisition by the City of Santa Ana of that certain real property
located at 1221 E. THIRD STREET (APN 398-385-05) in the City of Santa Ana,
California, including the OUTDOOR POSTER PANEL (FACE #004517 &
004518) located at 1221 E. THIRD STREET (the Properties). The Properties are
situated in the City of Santa Ana, County of Orange, State of California, and
more particularly described in Exhibit "A" and "B" which are attached hereto and
incorporated herein by reference and made a part hereof as though fully set forth
herein, for the public purposes hereafter set forth.
Section 5. The City hereby finds, determines and declares that the
public interest, convenience and necessity require the acquisition by said City of.
the Properties described in Section 4 above, including any and all leaseholds and
related improvements for the purposes of the Grand Avenue Widening Project
Resolution No. 2013-
Page 2 of 6
75B-4
("the Project"). The location of the Project is between First and Fourth Street for
the widening of Grand Avenue. Included in the project will be street pave-out,
and the installation of concrete curbs, gutters, and sidewalks in a manner which
will be most compatible to the greatest public good and the least private injury.
Section 6. The taking of the interest in said Properties as described in
Section 4 above is necessary for the public right of way and is authorized by
Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana
Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure
section 1240.010, 1240.110; California Government Code sections 37350.5 and
40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and
other applicable law.
Section 7. The offer required by Government Code section 7267.2 was
made to the appropriate party or parties with respect to the Real Property on
February 15, 2012 and a revised offer on November 8, 2012, and for the Poster
Panel on August 31, 2012.
Section 8. The City hereby declares that it is the intention of the City of
Santa Ana to acquire in its name, in accordance with the provisions of the laws of
the State of California with reference to condemnation procedures, all interests in
and to said Properties described in Section 4 above.
Section 9. That if any of the Properties described in Section 4 above
has been appropriated for some public use, the public use to which it is to be
applied and taken under this proceeding is a more necessary and paramount
public use.
Section 10. Said Properties described in Section 4 above are located
within the City of Santa Ana, County of Orange, State of California, and is more
particularly described in Section 4 hereof.
Section 11. The City of Santa Ana is authorized to acquire by eminent
domain as provided in the California Code of Civil Procedure.
Section 12. The City Attorney is hereby authorized and directed to
prepare, institute and prosecute in the name of the City such proceedings, in the
proper court having jurisdiction thereof, as may be necessary for the acquisition
of the interests in said Properties described in Section 4 above. The City Attorney
is also authorized and directed to obtain a necessary order of immediate
possession and occupancy of said Properties, at the discretion of the City
Attorney.
Section 13. 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.
Resolution No. 2013-
Page 3 of 6
75B-5
ADOPTED this day of , 2013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia A. Carvalho, City Attorney
By:
Jose Sandoval
Chief Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2013- to be the original resolution adopted by the
City Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2013-
Page 4 of 6
75B-6
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Santa Ana, County of Orange, State of California, described
as follows:
LOT 12 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO.
1, HUMPHREY'S ADDITION TO SANTA ANA, AS PER MAP THEREOF
RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA.
APN: 398-385-05
Resolution No. 2013-
Page 5 of 6
75B-7
EXHIBIT "B"
BILLBOARDS LOCATED AT 1221 E. THIRD STREET
(FACE NO. 004517 & 004518)
Resolution No. 2013-
Page 6 of 6
75B-8
4
(N T S) 398-383-04
Lr) 396-383.08
m
r>
M
OD
P
fh
398.383-13
? ..
? ,
?
I N i r1 ! Y !
m
m
m
?
1
l m l
I
j
j
i
M
m
M
m i m i ao i m j
°i m i M
'
m l
P m!^ i m! in 1
i! m? m j m i° i m i
m i n m m j m
?i?l??
?
I m i m i m! m 1 m i m I
'
Q
i P P P i P i P i
V-4 ,_....
?? imimiml W
!
`
1
to t7 1
• N I r>
!
m
xal00 P I Z
m
-'
U)! it I in P l m
m- l m! m
m 1 l7
Q
x _
L r0.0 x_x?_x _xa v i
m
?
i m !
r'
0
i m
m
iv
1
ri! N i N In i m I
ire ?! a i e < ! Q
i nl m i m m!
CA M lor um
N
?
v
I
'01 v
n
OD
i m ! m
n!
1
,
..._._.._.. v i 119 '1
N On
1111.'.'??98L')454-1>! m 1 E
P
}xdQ
xxur,?x? m' I
^'
?
11i Q ! Q ! P E
! v 1 v 1 m!
ICD lmi(r I
!
C\l
x; m
m
m
m? m m
LEGEND:
-SUBJECT BILLBOARD
m! m m m m i o 1 m m
!!!! m C i m! co I M{ O M i O i
co Qi c a) CD i m! a,, 1 co 1 a,, om i
N! in I m l P I
m
j ° ° i
j m
P D I m E m i m i
P i I P I P P i P
m ¦ M pp r) r) rl r)
i.
THIRD STREET m
m I m i m! m i m Iu;
m i i ?' I i< ^i
I v jvlvIviv
m ! m! m m i aD j WE
'r, 9' Ir
w imi m i m I
1 L LOO iLn Ui?i
v I ivlelvl
m m I m l m i m l
,_,-x
M _,_ ! .:,r? ,?_l
SECOND STREET
m mlmlm mlmlmlmlm!
m!! to i m i m m I m i m! m i 1 m i
vlvle!v v'vlvivQ!
CD co j m i m ro m m! m m
nM M I M! c') i rr) i M j m I m i M
to ! U,
L i In
v i
m ! 47 1 m m
M i m r°i 1 M
SANTA ANA Mi e.
PLOM FEMM - FEBOWTION AwHoRgm
M W A D CONDE"TION OF Bu?oa0
FAR GF MD AVENUE WESOM
%M=j ox awn
PUBL Am"cr (PROJECT NO! OWM FAD)
IC VMS
75B-9
Exhibit 2
FOURTH STREET
FIRST STREET
N
(NTS)
'- 398-383-04
398.383.08
m
ro
398-383-13
C6
P
M
1 " I N 1 M j o! ? ? N! M 1 v '? IA ! ID'?' 1? 1 m j
g m 1 m j m I m 1 m I m j m j m m I m I m 1 m j
i m i c Ico iCD
j
m!m!m!mmjm?mlmj
M i M i M j M 1 M M i M; M I M I M M I M I
1 m I m i m 1 m j m I m j m
i i_ m 1
1 m 1 m 1 m m
P
M 1 P M I P M I P M i
P M I P M j P M i M
M M I M M j
i
i
f x_.._.?.x_..?I_ _x
I
j
!
in
1^
m
i m! m? m j m i m l m i ^
N
I[I I to
P
1 1 -' j 1 ;' 1 1 m I
I 1 m! m i m j 01 j m f
m ! m
j m j m! m W l m° 1
1 M i M j M! M M M i M i M I M 1 M! M i M
16 j aD ! m l
m j ao I
'
i
C6
1 I m j m! m m
-
@ M
1
P j um P P P j 0
?M ? M I M I ! p M
a
I P i P i P
P ml
? M I M M M M !
THIRD STREET m
x_
__x-x
W
j m 1 m m l in
M
is
1
0 Lo
^j
c i c l a a j umi
1
? v
1
in
M OD co
Lo
, m i m! m m j m!
T am
mg M (r
_u
x
!
m P j
Q m ! ...
Z m I I t I m 1
Q v j v I Q e l e I
m j m E m m j m 1
SECOND STREET
mx!
I Lo
L!
! a v j o v 1 0 l o! v! v j c j
v j
!
m
!
j
m CO
j
P
P 1 P
P P
'
Y Q
' p
O
M I M j P •
1 P 1 cr
I
1
P I
M j M j M j M; M j M i m! M j m 1
4x_ ..._?_,_x_?_,J
c 11
9 N G ? ?T•?x_x_r?-_-_- ?
ff??
5.79B?454 - I L mm m ^ 1
j
M _
C ! ? ! 1 t i
in 1 I
o
e 1 i c I 1
10 1 e o o
¢
j m j C6 j n i c I om' I M 11
M ! M j m j M
FIRST STREET
x= m I m
m
m 1 m 1 m
LEGEND:
-SUBJECT BILLBDARD
SANTA ANA ME:
PUBLIC FEAFm - FgMOLUTION ALffHORUM
P W A A MMOA?DAT`EI CONOEr?1 TM CF ?LBOAFM
JAN. 22. 2013 (PROJECT NO M AAVENl1E WQ3/d0 )
MGI uCr
75B-10
Exhibit 2
FOURTH STREET
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
PUBLIC HEARING - RESOLUTION
AUTHORIZING CONDEMNATION OF
BILLBOARD FOR GRAND AVENUE
WIDENING (PROJECT NO. 081732,
NON-GENERAL FUD)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15' Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution (Exhibit 1) authorizing the condemnation of the billboard located at 119 North
Grand Avenue (Face Nos. 004519 and 005865) and declaring the public necessity and interest
therefore.
DISCUSSION
Grand Avenue is a major north-south transportation facility which is designated as a major
arterial highway and carries in excess of 35,000 vehicles per day. The widening of Grand Avenue
between First and Seventeenth Streets has been a long-term priority project that will be
constructed in several phases. Improvements include the widening of the street from two to three
lanes in each direction; raised landscape medians; curb, gutter, and sidewalk construction; and
bike lanes. The Public Works Agency is acquiring property for Phase I between First and Fourth
Streets, and expects to complete the acquisition process by June 2013.
To accommodate these improvements, removal of the billboard located at 119 North Grand
Avenue (Exhibit 2) is required. The Public Works Agency has made a diligent effort to negotiate
with Clear Channel Outdoor, the owner of the billboard, and its representatives for the past five
months. A good faith offer was made to Clear Channel Outdoor on August 31, 2012, in the
amount of $9,900. The Public Works Agency has made, and will continue to make, every effort
to reach a settlement with the property owner. Although negotiations will continue, staff is
requesting adoption of the Resolution of Necessity and initiation of condemnation proceedings in
order to maintain the Grand Avenue widening project schedule and to commence construction in
the summer of 2013.
75C-1
Public Hearing-Resolution Authorizing Condemnation
of Billboard for Grand Avenue Widening
January 22, 2013
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project has been
determined to be adequately evaluated in the previously prepared FEIR (SCH No. 1998051068)
approved by City Council in 2002. In accordance with National Environmental Policy Act, an
Environmental Assessment document with a Finding of No Significant Impact was prepared for
the proposed project and approved by the California Department of Transportation and the
Federal Highway Administration in 2011.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Rau Godinez II
Executive Director
Public Works Agency
RG/JG
Exhibit: 1. Resolution of Necessity
2. Location Map
75C-2
RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FINDING AND DETERMINING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY
REQUIRE THE ACQUISITION OF OUTDOOR POSTER
PANEL (FACE # 004519 & 005865) LOCATED WITHIN THE
CITY OF SANTA ANA AT 119 N. GRAND AVENUE
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 on January 22,
2013, after written notice duly provided to all those claiming ownership, including
the owners of the properties described hereafter, as they appeared on the last
equalized County assessment roll, held a hearing pursuant to Code of Civil
Procedure section 1245.235 for the purpose of allowing the owners thereof a
reasonable opportunity to be heard on the following matters:
A. Whether the public interest or necessity requires the project;
B. Whether the project is planned or located in a manner which is
most compatible with the greatest public good and the least private
injury;
C. Whether the property proposed to be acquired is necessary for the
project;
D. Whether the offer required by Government Code section 7267.2(a),
together with the accompanying statement and summary of the
basis for the amount established as just compensation, was
actually made and whether said offer and statement/summary
contained all of the factual information required by Government
Code section 7267.2(a);
E. Whether the City has complied with all conditions and statutory
requirements necessary to exercise the power of eminent domain
to acquire the property described herein, as well as any other
matter regarding the right to take said property by eminent domain;
and
F. Whether the City has statutory authority to acquire the property by
eminent domain.
Resolution No. 2013-
Page 1 of 5
75C-3
Section 2. The City Council has, as a result of its consideration and the
evidence presented at the hearings on this matter, and in accordance with the
California Environmental Quality Act ("CEQA") and the State CEQA Guidelines,
determined that the proposed project has been adequately evaluated in the
previously prepared Environmental Impact Report/Environmental Impact
Statement EIR No. 98-01 and all subsequent addenda. In accordance with
National Environmental Policy Act, an Environmental Assessment document with
a Finding of No Significant Impact was prepared for the proposed project and
approved by the California Department of Transportation and Federal Highway
Administration in 2011.
On the basis of this review, the City Council finds that there is no evidence
from which it can be fairly argued that the Project will have a significant adverse
effect on the environment.
Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR")
§ 753.5(c)(1), the City Council has determined that, after considering the record as
a whole, there is no evidence that the proposed project will have the potential for
any adverse effect on wildlife resources or the ecological habitat upon which wildlife
resources depend. The proposed project exists in an urban environment
characterized by paved concrete, roadways, surrounding buildings and human
activity. Therefore, pursuant to Fish and Game Code § 711.4 (c)(2)(A)and Title XIV,
CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
Section 4. The City of Santa Ana ("the City"), as a result of said
hearing, has determined that the proposed project is planned or located in a
manner that will be the most compatible with the greatest public good and least
private injury and that the public interest, necessity, health, safety and welfare
require the acquisition by the City of Santa Ana of that certain OUTDOOR
POSTER PANEL (FACE #004519 & 005865) located at 119 N. GRAND
AVENUE in the City of Santa Ana, California ("the Property"). The Property is
situated in the City of Santa Ana, County of Orange, State of California, and
more particularly described in Exhibit "A" which is attached hereto and
incorporated herein by reference and made a part hereof as though fully set forth
herein, for the public purposes hereafter set forth.
Section 5. The City hereby finds, determines and declares that the
public interest, convenience and necessity require the acquisition by said City of
the Properties described in Section 4 above, including any and all leaseholds and
related improvements for the purposes of the Grand Avenue Widening Project
("the Project"). The location of the Project is between First and Fourth Street for
the widening of Grand Avenue. Included in the project will be street pave-out,
and the installation of concrete curbs, gutters, and sidewalks in a manner which
will be most compatible to the greatest public good and the least private injury.
Resolution No. 2013-
Page 2 of 5
75C-4
Section 6. The taking of the interest in said Property as described in
Section 4 above is necessary for the public right of way and is authorized by
Section 19 of Article I of the California Constitution, Section 200 of the Santa Ana
Charter, Santa Ana Municipal Code § 41-781; California Code of Civil Procedure
section 1240.010, 1240.110; California Government Code sections 37350.5 and
40404; California Streets and Highways Code sections 5101, 5101.5, 5102, and
other applicable law.
Section 7. The offer required by Government Code section 7267.2 was
made to the appropriate party or parties with respect to the Poster Panel on
Auaust 31. 2012.
Section 8. The City hereby declares that it is the intention of the City of
Santa Ana to acquire in its name, in accordance with the provisions of the laws of
the State of California with reference to condemnation procedures, all interests in
and to said Property described in Section 4 above.
Section 9. That if any of the Property described in Section 4 above has
been appropriated for some public use, the public use to which it is to be applied
and taken under this proceeding is a more necessary and paramount public use.
Section 10. Said Property described in Section 4 above are located
within the City of Santa Ana, County of Orange, State of California, and is more
particularly described in Section 4 hereof.
Section 11 The City of Santa Ana is authorized to acquire by eminent
domain as provided in the California Code of Civil Procedure.
Section 12. The City Attorney is hereby authorized and directed to
prepare, institute and prosecute in the name of the City such proceedings, in the
proper court having jurisdiction thereof, as may be necessary for the acquisition
of the interests in said Property described in Section 4 above. The City Attorney
is also authorized and directed to obtain a necessary order of immediate
possession and occupancy of said Property, at the discretion of the City Attorney.
Section 13. 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 12013.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia A. Carvalho, City Attorney
Resolution No. 2013-
Page 3 of 5
75C-5
By:
Jose Sandoval
Chief Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2013- to be the original resolution adopted by the
City Council of the City of Santa Ana on
Date:
Resolution No. 2013-
Page 4 of 5
Clerk of the Council
City of Santa Ana
75C-6
EXHIBIT "A"
BILLBOARDS LOCATED AT 119 N. GRAND AVENUE
(FACE NO. 004519 & 005865)
Resolution No. 2013-
Page 5 of 5
75C-7
75C-8
N
(NTS)
398.383-04 1
i 398.383-08
L i
m
r> i
? 398-383-13
OD
M
m 1 m I m! m 0 Lo Lo.
co rm m
m iCD j m j ao
M j M i m
m! .? ! m i n t ,o
m-
i
rmi 1 OD co j M 1 r0)
C6 00 OD OD
v ! rf 1 1
e i m ! y
v
P
°n1 m j
m i
vl n ! ? i e
,_,_,_„_„_,? .
398454 - I L
m
m CD
v l v l a l
e 1 c 1 ao
C6 C6 M
xi m m
m
m 1 m m
LEGEND:
-SUBJECT PROPERTY
-SUBJECT BILLBOARD
i w l r7 I P I In 1ID I n 1 m l
m i m j m j m j m j m j m j m j
m j m? m? m? m j m i m! m
j ro i M i T i T i T j 1? j n
i m i m j m i m i co i co i m i m j
j m iMjMjMjMj(cr
j j^ i j m i m i c i
j r°Di 1 rmi j rmi 1 rmi 1 rmi 1 rmi 1
i m I m j m I m j 16 j m i
M I M i M I M I M l M 1
RD ST THIRD STREET
W m i c i Lo j n i
m j m i m i m l m Ic 1
z W) j L ! Lloo ! L ! Lo ! ^!
v i
m ??
I m l l l l
co 1
M j Mm co m
M
Q._,?,_._,_„_._._ ,_,_„,?,_„?
i ! '' 1 "; i m l m l
N N N to N
Q c i e 1 7 1 a j v 1
OD CD OD OD C6
iMiMiMi
_AJ_ _j
SECOND STREET
m! m! m i m i fOm i m! m i m i
i
p I c i v! e! v 1 v 1 v i e i o j
. . I. i
a, i P l m 1 P 1 CO 1 P ! P 1 m I Om' 1
i ro r? j ro n ro j ro j r? j M. M i
'D 1 i 1 '^. 1
1 v i a 1 v 1 a 1
ID CD
1 m r1 i f7 CI
SANTA ANA 'RTLE:
PUBLIC FEAFM - FEBOLUTION AUTHORUM
CRY OOVNCL COI?DE??IMM OF B1-UMMM NO FEAL PROM"
P W A QATB MR GFUM AVE M WKM91M
m"m 0WXVzC"T NO= o8Tl92 NON-GEMMAL FUM)
Exhibit 2
75C-9
FOURTH STREET
FIRST STREET
N
(NTS)
L
--?
398-383-04 '
? 398-383-08
m
I m i
m 1
m 398.383-13
m;
M _
J M
N! P ? P
-'1°S v
v !
i
!
i! m ! m !
m
?
m !
18'454 -111
.
Q i v i
v ! a j m !
C6 1 m m
x; m m
v
m' m
LEGEND
-SUBJECT PROPERTY
-SUBJECT BILLBOARD
N I n I P l to 1(D ! n i m l
m m; m m m i m j m j m
i i 1
rm i M i M j rmi i rm i rm j
j m i m i m i m 1 aD i am i CD i m i
i T a, i m ia- Ir om i
? n i y! ?? 1? 1 0' i
m i m i m 1 m i m i
IRD ST THIRD STREET
W m !m!mlmim!Lo !
N in j to to m
Z I c l to l v l in m I m l cp l m l m i ml
M i m i m cr a, i m i m i Pi
Z 1 ;' 1 1 '; I m i m l
i uri i umi i m
Q ! P i P j P i P i P i
--m 1 m -! m i m i m i
M i = i M ig' I M i
SECOND STREET
m f m! m l m m 1 m! m! m 1 m i
i i L u i L"
L i i o i umi 1
1 I 1 i
i CO P! P! P P !? P! P Om' 1
! m j N
1 to 1 to 1 m 1 . 1
1 m i i L i m i
P ; P i P ; P
1 m i m m j CD
P P ! O P
(h Ih j (") 1 M
Ls.r -.rM..-r.-n-...-.--
SANTA ANA TffLE.
CRY C XW%CL OOI? SMTM a I XX&M AM FEAL PROPERTY
P W A
M JAK 22, 200 SMA DAT MR C1RMM AVE M WEMENI 0
(PROrRC"T NO..' 081732 NON??iAL FUND)
ow,
p 161. N;sl Exhibit 2
FOURTH STREET
FIRST STREET
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 22, 2013
TITLE:
BUSINESS LICENSE TAX PENALTY
ABATEMENT ORDINANCE
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 15` Reading
? Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt an ordinance amending Chapter 21 of the Santa Ana Municipal Code to establish a business
license tax penalty abatement procedure and to amend various sections of the code relating to
reporting, administrative procedures and authority, as well as enforcement and collection of
business license taxes and also adding various sections relating to the right to elect an alternative
tax deposit rule, as well as alternate tax reporting rules, and tax assessment methods.
DISCUSSION
In 2009, the Finance Department began exploring alternatives methods that would encourage
delinquent businesses to either file or update their business license without tremendous fear of
exorbitant penalties and fees. As a result, the Finance Department implemented a Business
License Tax Amnesty Program between 2010 and 2012. The Amnesty Program allowed
unlicensed businesses and independent contractors to have their delinquency penalties abated
based on current year tax rates. Licensed businesses that had misfiled their business license
taxes were also allowed to file corrected statements and have their past due penalties and interest
owing abated based on current year tax rates.
Over 12,500 letters were sent to prospective unlicensed businesses/independent contractors
based on data received from the state and county. The initial expectation was to capture business
licenses outstanding as well as the associated fees. The success of the program was established
immediately as revenues estimated originally at $250,000 were doubled in six months. Its success
allowed the program to be continued through September, 2012, and has generated $1.6 million in
additional revenue, and added over 4,000 new paid business license tax accounts.
The Finance Department now would like to include the abatement process as the standard for
collecting the business license tax. The proposed ordinance would institute the business license
tax penalty abatement procedure as a permanent part of SAMC Chapter 21, the Business License
Tax Code. As proven through the Amnesty Program, lowering the cost for complying with the
City's business license tax requirement encourages businesses and independent contractors who
are unlicensed or who have misfiled their taxes to come into compliance. By using an abatement
7501-1
Business License Tax Penalty Abatement Ordinance
Amending SAMC Chapter 21
January 22, 2013
procedure based on the current year's tax rates to allow calculating taxes owing for several years,
each year normally having a slightly different tax rate, simplifies the process and lowers costs for
participating businesses and promotes ease of administration for the city.
In addition, given that the last comprehensive revision to the code was conducted in 1987, the
proposed ordinance includes some definitional updates as well as reporting and administrative
items. Among these are the options for applicants who are small businesses to post a reduced
gross receipts tax deposit, and for home-based businesses to choose a simplified flat rate
assessment of ($165) in lieu of reporting gross receipts. For businesses engaged in administrative
or management related activities, a simplified alternate method for reporting gross receipts taxes
has been added. The limited liability of holding companies and pass-through entities, who owe the
minimum basic rate tax amount ($124) only, has also been clarified. The administrative authority
to settle claims remains, with the added ability to look at procedural requirements on both a case-
by-case and class-by-class basis. To better comply with Propositions 26 and 218, provisions have
been added to require adoption of administrative cost recovery fees by council resolution.
FISCAL IMPACT
There is an estimated $250,000 in anticipated increased business license tax revenue (fund
account number 01102002 50045) associated with this action beginning in FY 2013-14.
. 3?- T, I ')\?, A-?, I /In
Francisco Gutierrez 'Vi
Executive Director
Finance & Management Services Agency
Attachments: Ordinance
7501-2
ORDINANCE NO. NS-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ESTABLISHING A BUSINESS
LICENSE TAX PENALTY ABATEMENT
PROCEDURE AND AMENDING SECTIONS 21-3,
21-12, 21-16, 21-25, 21-41, 21-43, 21-44, 21-60, 21-
64, 21-83, 21-85, 21-100, 21-115, 21-122, 21-123,
21-124, 21-125 AND ADDING SECTIONS 21-80.1
AND 20-83.1 RELATING TO ADMINISTRATIVE
PROVISIONS OF CHAPTER 21, THE BUSINESS
LICENSE TAX CODE, AND ADDING SECTIONS 21-
93.1 RELATING TO ENFORCEMENT AND
COLLECTION AND SECTION 21-118.1 RELATING
TO DEPOSIT ADJUSTMENT AND SECTIONS 21-
119.1, RELATING TO LIMITED LIABILITY OF
HOLDING COMPANIES AND PASS-THROUGH
ENTITIES AND SECTIONS 21-119.2 AND 21-119.3
AND 21-120h ESTABLISHING AN ALTERNATIVE
ELECTIVE FLAT RATE BUSINESS LICENSE TAX
ASSESSMENT FOR HOME-BASED BUSINESSES.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: The City Council hereby finds, determines and declares as follows:
A. Since the time of its incorporation, the City has imposed a general tax on the
privilege of conducting and carrying on all manner of business within the City, in order to
provide a portion of the general fund revenues required to provide police, fire, general
government and a host of other essential services to the community; and,
B. Due to continued financial instability at the Federal and State level, additional
reductions in revenues allocated to the City may occur; and,
C. Due to these reductions in immediate and future City revenues, and in order to
maximize the generation of general fund revenue from sources under the City's own
control, it is appropriate for the City to adopt a Business License Tax Penalty Abatement
Procedure allowing for the abatement of penalties and interest for (1) unlicensed
businesses obtaining their required City business licenses; and (2) licensed businesses
submitting amended returns in connection with underreported or misreported taxes
owing,
Page 1
75D-3
D. In order to assure the effective identification of unlicensed businesses and to
enhance the effective collection of the business license taxes, it is appropriate for the
City to amend Chapter 21, "The Business License Tax Code", to modify and to add
appropriate definitional and administrative provisions for the effective identification,
enforcement, collection and enhanced administration of the City's business license tax;
and,
E. In order to promote immediate and future ease of administration by the City, as
well as encourage participation and compliance by qualifying businesses, it is
appropriate for the City to amend Chapter 21 to add a voluntary elective alternative flat
rate tax assessment for home-based businesses doing business in Santa Ana
equivalent to the average gross receipts tax assessment paid by licensed home-based
businesses for the most recently tax assessment period. For qualifying unlicensed
home-based businesses that are in arrears for prior years' taxes it is appropriate that
this alternative tax assessment be adopted retro-active to January 1, 2010. For all other
qualifying business who are in arrears for prior years' taxes it is appropriate that
penalties and interest be abated to an amount equivalent to the amount of the prior years'
taxes owing, as computed or determined based upon the business license tax rates and
charges in effect for the most current tax year; and,
F. In the course of adopting a Business License Tax Penalty Abatement
Procedure and modifying the City's Business License Tax Code, it is not the intent of
the city council to either increase the scope of the City's business license tax, or impose
a higher business license tax rate, or shift any category of business to a higher tax
assessment classification. Any changes in definitional terms are intended to clarify the
administration of the City's business license tax with regard to changes in state and/or
federal law and modern business practices.
SECTION 2: ESTABLISHMENT OF BUSINESS LICENSE TAX PENALTY
ABATEMENT PROCEDURE. An ordinance is hereby adopted establishing a Business
License Tax Penalty Abatement Procedure.
(a) SHORT TITLE. Section 2 of this ordinance shall be known as the "Business
License Tax Penalty Abatement Ordinance."
(b) DEFINITIONS. Except where the context otherwise requires, the terms used in
this ordinance shall have the meaning given to them in Chapter 21 of the Santa
Ana Municipal Code.
(c) ABATEMENT PROGRAM. A business license tax penalty abatement program
is hereby established for persons required to obtain a business license and pay
a business license tax under Chapter 21 of the Santa Ana Municipal Code .
Page 2
7501-4
SECTION 3: That section 21-3 [Definitions-Specific. definition of "Gross Receipts",
definition of "Person", and definition of "Transact and Carry-on'] of Chapter 21 of the
Santa Ana Municipal Code are hereby amended and shall read as follows [new
language in bold, deleted language in etrikeou ]:
Gross receipts shall include the total amount of the sale price of all sales and the
total amount charged or received for the performance of any act or service of whatever
nature it may be, for which a charge is made or credit allowed, whether or not such act
or service is done as a part of or in connection with the sale of materials, goods, wares
or merchandise. The following shall be included in "gross receipts": all receipts, rents,
cash, credits and property of any kind or nature, without any deduction therefrom on
account of the cost of property sold, the cost of materials used, labor or service cost,
interest paid or payable, or losses or other expenses whatsoever.
The following shall be excluded from "gross receipts":
(a) Cash discounts allowed and taken on sales;
(b) Credit allowed on property accepted as part of the purchase price and
which property may later be sold;
(c) Any tax required by law to be included in or added to the purchase price
and collected from the consumer or purchaser;
(d) Such part of the sale price of property returned by purchasers upon
rescission of the contract of sale as is refunded either in cash or by credit;
(e) Amounts collected for others where the business is acting as an agent or
trustee to the extent that such amounts are paid to those for whom
collected, provided the agent or trustee has furnished the collector with the
names and addresses of the others and the amounts paid to them, other
than amounts received as commissions or fees earned, or charges of any
character made or compensation of any character received for the
performance of any service as agent or trustee; provided that any agent or
trustee dealing in stocks or other similar written instruments evidencing a
right to participate in the assets of any business, or dealing in bonds or
other evidences of indebtedness, who also deals in such property as a
principal, shall include in the gross receipts by which the tax is measured
the amount of his or her trading profits resulting therefrom. No deduction
from receipts attributable to trading as a principal shall be made unless
such deduction is provided for in this section;
(f) The difference between the balance owed and paid on a defaulted
purchase or finance contract upon repossession by seller and the amount
Page 3
75D-5
received from resale of the repossessed article by the repossessing seller;
(g) Receipts of refundable deposits, except that refundable deposits forfeited
and taken into income of the business shall not be excluded;
(h) As to alcoholic beverages, that portion of the receipts of a manufacturer,
transporter, retailer or wholesale distributor generated or otherwise
collected from the manufacture, transport, retail or wholesale of
intoxicating liquors within the state pursuant to Article XX, Section 22 of
the State Constitution;
(i) As to a retail gasoline dealer, a portion of his or her receipts from the sale
of motor vehicle fuels equal to the motor vehicle fuel license tax imposed
by and previously paid under the provisions of Part 2 of Division 2 of the
State Revenue and Taxation Code, as the same now exists or as
hereafter amended;
Q) As to a retail gasoline dealer, the special motor fuel tax imposed by
Section 4041 of Title 26 of the United States Code, as the same now
exists or as hereafter amended, if paid by the dealer or collected by him or
her from the purchaser;
(k) Cash value of sales, trades, transfers or other transactions as made
between separate departments, divisions or units of any single business
entity;
(1) Sales for convenience where sales of new goods, wares or merchandise
are made by a person engaged in selling such articles to another person
engaged in selling like or similar articles:
(1) Where the primary purpose of the particular transaction of sale is to
accommodate the purchaser rather than to make a sale in the
ordinary course of business and the price paid is essentially the
book value of the article;
(2) Where, in the particular kind of business involved, a similar manner
of dealing is frequent or customary in the circumstances under
which the particular sale is made; and
(3) Where goods, wares or merchandise of like or similar kind and of
substantially equivalent value to that which was sold is received in
consideration.
As to general contractors and other similar businesses, "gross receipts" shall not
include that portion of the receipts of a general contractor which represents payments to
subcontractors, provided that such subcontractors are licensed under this chapter and
Page 4
7501-6
provided the general contractor furnishes the collector upon request with the names and
addresses of the subcontractors and the amounts paid to them.
As to bail bond brokerages, commission agent brokerages, mortgage
brokerages, real estate brokerages, securities brokerages, travel agencies, and other
similar businesses employing agents, brokers and/or commissioned employees, "gross
receipts" shall include the total gross commissions or other receipts attributable to the
local office, agents, brokers and/or employees.
As to accountants, architects, attorneys, chiropractors, doctors, dentists,
optometrists, podiatrists, psychologists, veterinarians and other professionals, either
practicing solely or in partnership or as a professional corporation, "gross receipts" shall
include the total gross fees or other receipts attributable to services performed or
otherwise rendered within the city.
As to other persons having a fixed place of business within the city and providing
a service or plying an occupation or trade or involved in similar businesses, "gross
receipts" shall include the total fees, commissions or other receipts attributable to that
local location and/or employees.
(1) interest on real estate leans.,
paperer, and other similar
I.+awNv1 v oharoe&•
,
3) C2orvl loge ren
-
ad for
re me
t o f lo
n
-
-
p pay
n a
s;
(4) Penalt
GhaF
es on el+a en*
l
y
g
q
?? u
oan
T? s;
(5-Tax seF /inT,v-rve fceT
(v) -lirnrteFe6t or vn pemenal leans tvdepp8mtGF6; and
n
As to building and lean
t
rrene
t
sent Iritieev, v1
"r fedeFal home loan bank s,
vvvawl I•v
t
loans;
(iii) Sale Of Gapital assets used iR the V ppl Tq of the ,
Page 5
75D-7
(iv) Payments made to other building and !E)aR °c°oniati"n° Whinh renreeent
their chore of interest ? ender paFtinipatienri agFeement6; and
As share of ...av.vva aw. ..w ?.? Nu.uv.u uv
As to a business established outside the city but maintaining as local office or
establishment or facility, within the city through an agent, broker or employee, "gross
receipts" shall include the total sales or receipts attributable to the local office or
establishment or facility, agent, broker or employee.
As to a business established outside the city but transacting and carrying
on business within the city, or otherwise performing or rendering services
negotiated or contracted for within the city, whether or not by a principal or
through an agent or employee, "gross receipts" shall include the total fees,
commissions or other receipts attributable to the business activity conducted.
As to any business, whether established within or established outside the
city, fin the event separate sales or receipt records are not maintained for said a local
office or establishment or facility, agent, broker or employee, or in the event any
retailing, wholesaling, manufacturing or processing activity conducted thereat does not
generate gross receipts as hereinabove defined, or in the event said local office or
establishment or facility, agent, broker or employee is engaged in providing
administrative or management related services, to include, but not limited to, record
keeping, data processing, research and development, advertising, public relations,
personnel administration or legal services, in connection with sales or services
performed or rendered elsewhere, the business tax shall be based upon an amount
which bears the same proportion to the total gross receipts of the business which cost
of maintaining said local office, facility, local agent, broker or employee bears to the total
cost of maintaining said business. Alternatively, at the election of an applicant or
licensee, the business tax may be based on an amount equivalent to the cost of
maintaining said business without reference to the total gross receipts of the
business. As used herein the phrase "cost of maintaining said business" shall
have the same meaning as "cost of doing business".
As to a business established outside the Gity but tFansaGting and
Page 6
75D-8
Person shall include, without limitation, all domestic and foreign corporations
' , of any kind, all firms and companies
(holding, joint stock, private, public, parent, pass-through, professional, operating,
operating property, non-profit, subordinate and subsidiary), partnerships of every
kind including but not limited to (general partnerships, limited partnerships, master
limited partnerships, limited liability partnerships, limited liability limited
partnerships, professional partnerships, and publically traded partnerships), slue
OF GOMMOR law tFU6t6, private trusts, Massachusetts business or common law trusts,
real estate investment trusts, royalty trusts, estates, associations, syndicates, clubs,
joint ventures, unincorporated business organizations, limited liability companies
of every kind including but not limited to (sole member limited liability companies,
multi member limited liability companies, non-profit limited liability companies, and
series limited liability companies), cooperatives, all other types of business entities
defined or authorized under federal and state laws, receivers, trustees, guardians or
other representatives appointed by order of any court, S^^?Tand any natural
individuals transacting and carrying on any business in the city other than as an employee.
Transact and carry on means to repeat, or intend to repeat, or to continue and
includes:
(a) The maintaining, operating, managing or being in control of, or right to
make use of directly or remotely, any office, store, warehouse, factory,
establishment, premises, location or place:
(1) Having one or more telephones listed for any business activity in
any classified telephone directory or in the classified section of any
consolidated telephone directory, or in any combined online
directory or internet/web based listing service,
(2) Having computers or other computing devices used to
maintain one or more internet websites or webpages or
maintaining internettweb based advertising,
94(3) Having in use in connection with any business one or more
counters, desks, chairs, tables, filing cabinets, typewriters, adding
or calculating machines, computers, servers, printers, scanners,
fax machines or other articles of office equipment,
(3)(4) At, from, or in which any processing, manufacturing, supervising,
administration, management, research, sales or sales promotion,
peddling, solicitation, warehousing, distributing, routing, delivery,
mail or package receipt, recycling, dispatching, billing, collection,
accounting, computing, product development, software
development, testing, storage, record-keeping or other activity is
Page 7
75D-9
conducted in connection with any business,
(4)(5) In or at which one or more persons may, for any valuable
consideration intended to result, or that results, in any livelihood,
financial profit or commercial gain to any person, receive any
instruction, advice, treatment or examination, or any service upon
their person, or any repair, refinishing, renewing, cleaning, or other
improvement to, or of, any personal property,
(5)(6) In which any letter, announcement, advertisement, circular,
handbill, newspaper, agreement, contract, instruction, legal
instrument, government required registration, permit or license,
tax filing statement, financial statement, statement of account,
financial record, or any other instrument or record is written,
printed, reproduced, published, prepared or kept in connection with
any business,
(6)(7) From which any circular, handbill, newspaper, announcement,
statement of account, card or letter is sent or distributed, in writing,
or any contract is made, in person or by telephone, in connection
with any business,
(4(8) Upon any exterior side, wall, window, door, roof or other portion, or
in the proximity of which, there is maintained any sign, lettering,
announcement or advertisement indicating that such office or place
is one in, at or from which any article exists, or any act is performed
in connection with any business;
(b) The repeated or continuous offering, or contracting, orally or in writing, in
connection with any business:
(1) To sell or rent one or more articles, or one or more rooms,
apartments, portions or parcels of any real or personal property, or
(2) To transport any person or personal property, or
(3) To perform any service;
(c) In connection with any business, the repeated or continuous:
(1) Sale or renting of one or more articles or parcels of real or personal
property, or
(2) The transporting of any person or property, or
(3) The performance of any service;
Page 8
75D-10
(d) The repeated parking, servicing, replenishing or maintaining of any
delivery vehicle, catering truck, junk collection vehicle, pushcart or wagon
within the city, whether or not on the premises of another, when done in
connection with the permanent painting or inscribing or affixing of said
address on the surface of said pushcart, vehicle or wagon;
(e) The performance, in connection with any business, of any single act, with
intent to repeat or continue the performance of such act.
SECTION 4: That section 21-3 [Definitions-Specific. definition of "Service fee'] be
added to Chapter 21 of the Santa Ana Municipal Code to hereby read as follows [new
language in bold]:
Service fee shall mean a fixed fee, specified by resolution of the city
council, which is intended solely to cover the reasonable administrative costs
incurred in redeeming dishonored or stopped payments, in performing audits,
collections, inspections, investigations, and the administrative enforcement of
this chapter and adjudication thereof.
SECTION 5: That sections 21-12, 21-16, 21-25, 21-41, 21-43, 21-44, 21-49, 21-
60, 21-64, 21-83, 21-85, 21-100, 21-115, 21-122, 21-123, 21-124, 21-125 of Chapter 21
of the Santa Ana Municipal Code are hereby amended and shall read as follows [new
language in bold, deleted language in stFikeeu ]:
Sec. 21-12. Association with local business or governmental agency; disclosure of
associated businesses and independent contractors.
Any person who shall associate ternperafila} with any local business, dealer, tFader
?nen.1.ed in this nhapter or governmental agency, whether or not on a temporary
basis, shall not be relieved from the provisions of this chapter and shall be required
to pay the appropriate business license tax as specified in this chapter. Nothing in
this chapter shall be deemed or construed to relieve any such person from the
provisions of this chapter by virtue of any exemption provided to any local
business pursuant to this chapter or any exemption or exclusion applicable to any
agency, instrumentality, or political subdivision of the state or of the United States,
or any exemption or exclusion otherwise arising out of the constitution or
applicable statutes of the United States or the state.
Page 9
75D-11
(a) Definitions. As used in this section, the following phrases shall have the
meaning hereinafter set forth:
(1) The phrase "local business" as used in this section shall be defined
as including all persons transacting and carrying on business from
any fixed place of business within the city other than as an
employee. In addition, the phrase "local business" shall include all
leaseholder-lessors and owner-lessors of commercial or residential
real estate within the city.
(2) The phrase "governmental agency" as used in this section shall be
defined as including every agency, instrumentality, or political
subdivision of the state or of the United States.
(3) The phrase "associate with" as used in this section shall be
defined to mean the transacting and carrying on, by any other
person, of business on the premises owned, controlled, or
managed by said local business or governmental agency, whether
as a tenant of, in connection with, or as an affiliate of, or as an
adjunct to, or in the name of said local business or governmental
agency, or whether as a building management agent, or property
management agent, or independent general operating agent or
manager for said local business or governmental agency, or
whether as an outside business or an independent contractor
performing services for said local business or governmental
agency.
(b) Application. In the case of a local business which is a partnership or
joint venture, the phrase "associate with" shall not include the business
transacted and carried on by a general partner in connection with the
general partnership or by a joint venturer in connection with the joint
venture. In the case of a local business which is a corporation, the
phrase "associate with" shall include any business transacted and
carried on by a subordinate or subsidiary corporation or holding
company, pass-through entity or trust. For all local businesses, the
phrase "associate with" shall include the maintaining on the premises of
the local business of any principle executive or other business office as
required in connection with the registration of any business entity
address with the California Secretary of State for any actively
registered corporation, limited liability company, limited partnership, or
limited liability partnership under the California Corporations Code as
the same now exists or as may be hereafter amended from time-to-time.
In the case of a local business which is a leaseholder-lessor or owner-
lessor of commercial or residential real estate within the city, the phrase
"associate with" shall include any business transacted and carried on by
an independent resident property manager, independent building
Page 10
75D-12
manager, independent property agent or independent building agent,
whether or not such independent manager or agent is also a tenant of
said property. Such independent manager or agent shall be required to
obtain a separate business license. In the case of a local business which
is a tenant of a commercial premises and a party to a lease-back
agreement or other similar agreement involving said commercial real
estate in which the ownership identities of both parties to the agreement
are identical, but the legal entities are distinct, the phrase "associate
with" shall include any such business transacted by the owner-lessor or
leaseholder-lessor of said commercial real estate. Such owner-lessor or
leaseholder-lessor shall be required to obtain a separate business
license and shall be subject to all the requirements of this chapter.
(c) Disclosure.
(1) Every local business, and any person acting as their agent, shall
upon request by the collector, provide the names and addresses of
all persons who lease, rent or maintain space, mailboxes, coin-
operated machines or devices, or in any other manner transact and
carry-on business, or occupy or maintain a business presence on
the premises owned, controlled, or managed by said local
business. In addition, every local business, and any person acting
as their agent, shall upon request by the collector, provide the
names and addresses of all persons, whether or not located within
the city, who are contracted to perform, or who regularly do
perform services on the premises owned, controlled, or managed
by said local business.
(2) Every person engaged in the rental of residential real estate within
the city, every condominium or homeowner association within the
city, and all property management services acting as their agents,
shall upon request by the collector, provide the names and
addresses of all persons who have been granted permission to
engage in business activity on the premises owned, controlled, or
managed by them. In addition thereto, all condominium or
homeowner associations within the city and all property
management services acting as their agents, shall upon request by
the collector, provide the names, property addresses, and mailing
addresses of all owners engaged in the rental of any residential real
estate, under their control or management.
(3) Every person engaged in the rental of commercial real estate within
the city, and all property management services acting as their
agents, shall, at the time the license required by this chapter is
applied for and thereafter annually at the time of the renewal of
their license for the rental of commercial real estate, or at such
Page 11
75D-13
other time as the collector in his or discretion may set, provide to
the collector a list of (i) the names and addresses of all tenants
(including subtenants) occupying the commercial real estate
property licensed; and (ii) the names and addresses of all persons,
whether or not located within the city, who are contracted to
perform, or who regularly do perform services on the licensed
premises owned, controlled, or managed by said commercial real
estate rental licensee or commercial real estate management agent.
(d) Disclosure requirements - authority to vary. To effectively implement the
intent of the disclosure provisions of this section, the collector may vary
the strict requirements of subsection (c) above to accommodate the
regular record keeping and business practices of persons subject to the
disclosure requirement and also to facilitate ease of administration by the
collector.
(e) Confidentiality. All information received by the collector pursuant to this
section shall remain confidential and shall be used solely for the
purposes of administering the city's business license tax and shall not be
maintained by the city as part of the public record.
Sec. 21-16. Evidence of doing business.
(a) When any person shall by use of signs, circulars, cards, business letterhead,
telephone books, newspapers, billboards, trade publications, electronic telephone or
business directories, internet advertisement, or websites, advertise, holdout, or
represent that he OF she such person is in business in the city; or when any person has
registered and published a Fictitious Name Statement registered to an address in
the city, or holds or has been issued an active State Board of Equalization Permit, or
holds any other active licenses, of permits, certificates or registrations issued by a
governmental agency (including but not limited to: Federal or State Employer
Identification Numbers, or registration with the California Secretary of State as a
corporation, limited partnership, limited liability partnership, or limited liability
company) indicating that he erne such person is in business within the city, or
maintains a post office box under a business name registered to any address within
the city, or when any person files federal income tax or state franchise tax statements
reporting business income within the city or claiming business office deductions or
business expense deductions for a commercially located or home-based business
in the city, or gives other evidence of transacting and carrying on business as may be
defined elsewhere under the terms of this chapter and such person fails to deny in a sworn
statement given to the collector that he she such person is "engaged in business"
within the city, or fails to assert and document that such person is "exempted" or
otherwise "excluded" from the requirement to pay a business license tax, after
being requested to do so by the collector, then these facts shall be considered prima
facie evidence that he °r, o she such person is conducting a business in the city.
Page 12
75D-14
(b) When any municipal utility records indicate that the occupant of any
commercial real estate within the city is a person other than the person indicated by
county assessor or county recorder records to be the owner of such property, or
when any utility records indicate that the occupant of any residential real estate
within the city is a person other than the person indicated by county assessor or
county recorder records to be the owner of such property, or when the county
assessor or county recorder records indicate that any person owning residential
real estate within the city does not claim a homeowner's exemption for said
property and receives their property tax notification for said property at another
residence location, and such person fails to deny in a sworn statement given to the
collector that such person is engaged in the "rental of residential real estate" within
the city, or fails to assert and document that such person is "exempted" or
otherwise "excluded" from the requirement to pay a business license tax, after
being requested to do so by the collector, then these facts shall be considered
prima facie evidence that such person is conducting a business in the city.
Sec. 21-25. Original delinquency penalty; conducting a business without first having
procured a license; effect - Voluntary compliance; effect - Abatement
of penalty; application - Violation; misdemeanor.
(a) Any person who shall commence, engage, transact and carry on any trade,
calling, profession, occupation or business within the city without first having procured
the required business license from the city to do so, shall be assessed a penalty of fifty
(50) per cent of the amount of the license tax owing, which amount shall be separately
calculated for each successive license period beginning with the calendar month in
which the commencement of business activity within the city began, and ending with the
expiration of the current annual licensing period. Provided, however, that the start of
such period shall not exceed three (3) years prior to the date of notification of violation.
Such penalty to be collected, and the amount thereof to be enforced, in the same
manner as all other business license taxes are collected and the payment thereof
enforced.
(b) Where any person is in arrears for business license taxes under
subsection (a) above, owed for the rental of residential or commercial real estate
within the city, or owed for a business which is conducted solely from a home
residence within the city, the penalties imposed under subsection (a) shall be
abated in accordance with subsection (f) below if the tax is paid by the last day of
the calendar month following the month in which such person was given notice
of the requirement to obtain a city business license; otherwise penalties shall
accrue as in the case of any other business.
(c) Where any person occupying a commercial premises as a tenant or
subtenant is in arrears for business license taxes under subsection (a) above,
and has been reported to the collector pursuant to section 21-12, the penalties
imposed under subsection (a) shall be abated in accordance with subsection (f)
below if the tax is paid by the last day of the calendar month following the month
Page 13
7501-15
in which such person was given notice of the requirement to obtain a city
business license; otherwise penalties shall accrue as in the case of any other
business.
(d) Where any person, whether or not located within the city, is contracted
to perform, or regularly does perform services on the premises owned,
controlled, or managed by a local business as defined in section 21-12 and is in
arrears for business license taxes under subsection (a) above, and has been
reported to the collector pursuant to section 21-12, the penalties imposed under
subsection (a) shall be abated in accordance with subsection (f) below if the tax
is paid by the last day of the calendar month following the month in which such
person was given notice of the requirement to obtain a city business license;
otherwise penalties shall accrue as in the case of any other business.
(e) Where any person is otherwise in arrears for business license taxes
under subsection (a) above, the penalties imposed under subsection (a) shall be
abated in accordance with subsection (f) below if such person voluntarily applies
for the required business license and pays the business license tax owing in
arrears; otherwise penalties shall accrue as in the case of any other business.
(f) In all cases where the provisions of this section provide for the
abatement of penalties imposed under subsection (a), the amount owing in
arrears and the amount of the accrued penalties shall be abated until the
combined amount of tax and penalty due is equalized to an amount equivalent to
the amount of current and prior years' taxes owing as computed or determined
based upon the business license tax rates in effect for the most current tax year.
(g) In determining the amount of penalty due for any person for whom an
initial license period gross receipts in lieu deposit is required in accordance with
sections 21-117, 21-118 or 21-118.1 the collector shall compute and apply the
penalty due at the time that such person's initial period gross receipts report is
filed and computed in accordance with section 21-117(c).
(h) However, no abatement of penalties or interest shall be permitted under
this section in any case where such person concurrently holds or has previously
held a city business license or previously been given notice of said requirement
with regard to any business activity engaged in or conducted within the city.
(i) When any person is determined to be liable for delinquent business
license taxes and such person fails to properly procure the correct business
license after being given notice to do so, the collector shall determine the amount
of delinquent business license taxes owed in accordance with section 21-41.
Penalties thereon shall be accrued as applicable in accordance with this section.
In determining the amount of tax due for any business for whom the gross
receipts of such business is made the basis for fixing the amount of such
Page 14
75D-16
business license the collector may base such determination upon an average of
the reported gross receipts of like businesses, similarly classified.
Q) Any person required to obtain a city business license under the terms of
this chapter having been given notice of the requirement to obtain a city business
license under the terms of this section, whether by personal service, or by a
notice conspicuously posted upon the premises of such person's business, or by
notice given through the United States mail, who has not paid said business
license tax or otherwise obtained a valid business license, or applied for
exemption therefrom and who has not applied for, or who is not undergoing the
process of a hearing or appeal pursuant to section 21-41 or Chapter 3 of this
Code shall be deemed guilty of a misdemeanor violation. For the misdemeanor
violation provision of this section to apply, notice, when given by United States
mail shall be mailed to the responsible person by certified mail, postage prepaid
with a requested return receipt. Simultaneously, the notice may be sent by first
class mail. If the notice is sent by certified mail and the return receipt is returned
unsigned or refused, then service of notice shall be deemed effective pursuant to
first class mail, provided the notice sent by first class mail is not returned.
Sec. 21-41. Collector; assessment of tax, penalties, interest, charges (including
services fees), determination of classification; notification of violation; right to
hearing; hearing service fee deposit.
(a) The collector shall determine the amount of license tax due, together with any
penalties, interest, charges (including services fees) that may be due and payable as
of the date the oFiginal liGense tax was due and payable and/or the proper classification for
a business by means of such information as he or she may be able to obtain in the event:
(1) Any person fails to properly procure the correct business license prior
to doing business in the city; or
(2) Any person engaged in transacting and carrying on business within
the city fails to renew any business license; or
(3) Any person fails to file any required statement within the time
prescribed; or
(4) If, after demand therefor has been made by the collector, any person
or she fails to file a corrected statement within fifteen (15) days
after notification to do so; or
(5) It appears to the satisfaction of the collector that a statement filed does
not set forth the facts of the business for which a license is required; or
Page 15
75D-17
(6) If a licensee or an applicant for a license believes that his or ;er
dal the business is not assigned to the proper classification
because of circumstances peculiar to it.
(b) In the case where such determination is made, the collector shall give notice of
the amount so assessed, or classification found to be appropriate in the following manner:
(1) By serving it personally, or causing it to be served personally by a duly
authorized agent, or
(2) By depositing it in the United States Mail, postage prepaid addressed
to the person so assessed at their address of record.
(G) SUGh
eFsen ?? ithin tcn (10) da
a
s aft f
h
crthe se niinn r`r rvr+ili
p
, y
y Rg O
G U
liGen
ax OF Glass?G ne
e FminineF SUGh
do nse
AfteF
h h
i
ert
Qtfo Q
t .
SUG
acF
ng,, - - ,
6 Unh determination and th e amop ant Of S Unh tax
(e) The amOURt of an
liGense tax finall
deteRnined id
d i
thi
ti
y
y
as
shall be due and
a
able as of the date the GFi
inal IiGen6e f PFOv
e
n
s seG
en
d
d
bl
p
y
g
ee
to
etheF with an
eRaltie6 and nteFest that ma
be du
nd was
ue an
paya
e,
bl
f th
d
t
th
g
y p
y
e a
p aya
e as o
e
a
e
e
e
ma
be due
FGVided howeveF
the amount Of
h 1i
t
u
fo
d i
y
,
SUG
e P Gen6e
ax
s
xe
n
(c) Any person receiving a determination made by the collector pursuant to
this section regarding the amount of tax owed, or classification found to be
appropriate, may, within fifteen (15) days after the serving or mailing of such notice,
make application in writing to the collector for an administrative hearing, hereinafter
("hearing") by completing and filing a "request for hearing" form with the collector.
Request for hearing forms shall be made available in the office of the Director of
Finance and Clerk of the City Council. A failure to file a timely "request for hearing"
form shall be deemed a waiver of the right of appeal. Provided, further that any
person seeking a hearing under this section shall first deposit with the collector a
Page 16
75D-18
hearing service fee to be specified by resolution of the city council to cover the
city's cost in providing an administrative hearing officer, hereinafter ("hearing
officer").
(d) All hearings conducted pursuant to this section shall be heard by the
same hearing officer who has been appointed by the Santa Ana City Manager
pursuant to section 1-28.8 of this code.
(e) Hearing procedures for hearings conducted pursuant to this section shall
be as follows:
(1) No hearing to contest a determination of the collector before a
hearing officer shall be held unless and until a timely "request for
hearing" form has been completed and filed with the collector,
and
(2) After receipt of the "request for hearing" form and deposit of the
hearing service fee, a hearing before the hearing officer shall be
set for a date that is not less than fifteen (15) and not more than
sixty (60) days from the date that the "request for hearing" is filed
in accordance with the provisions of this section. The person
requesting the hearing shall be notified at least (10) days prior to
the date of the hearing. The failure of any person to appear at the
hearing shall constitute a forfeiture of the administrative hearing
service fee deposit and shall be a bar to judicial review of the
hearing officer decision based upon failure to exhaust
administrative remedies.
(3) At such hearing the person may appear and offer evidence why
the collector's specified tax amount should not be fixed as the
license tax amount or why such classification prescribed by the
collector as the applicable tax classification should not be fixed.
Formal rules of evidence shall not apply.
(4) Upon request, the person requesting the hearing shall be
provided with reports and other documents relied upon by the
collector in making his or her determination. In addition, if the
collector, duly authorized revenue officer, or other individual
appearing at the hearing as the agent of the collector submits
any additional written reports to the hearing officer for
consideration at the hearing, then a copy of said documentation
shall also be served by mail on the person requesting the
hearing.
Page 17
75D-19
(5) The hearing officer may continue the hearing and request
additional information from the collector prior to issuing a written
decision.
(6) After such hearing, the hearing officer shall determine the proper
tax to be charged or classification prescribed and shall forthwith
give written notice to the person requesting the hearing in the
manner prescribed herein of such determination and the amount
of such tax.
(d) Hearing officer's decision. After considering all of the testimony and
evidence submitted at the hearing, the hearing officer may immediately issue a
verbal decision or may issue a written decision within fifteen (15) days of the
hearing. The decision shall include the reasons for the decision and such decision
shall be final.
(e) If the hearing officer fixes the amount of the tax, penalty, interest, charges,
services fees or the tax classification in accordance with the original written
determination of the collector, then the amount as finally determined shall be
immediately due and payable and/or the classification shall be immediately
applicable, and the hearing service fee shall be forfeit. If the hearing officer
determines the amount of the tax, penalty, interest, charges, services fees or the tax
classification to be applicable in accordance with the original statement of the
person requesting the hearing then the amount due and payable and/or the
classification applicable shall be as set forth in such person's original statement
and the collector shall refund the hearing service fee deposit. If the hearing officer
fixes the amount of the tax, penalty, interest, charges, services fees and/or the tax
classification to be applied in some other manner the hearing officer shall also
make a written determination as to fixing the amount of tax, penalty, interest,
charges, service fees and/or the tax classification applicable and shall indicate the
disposition of the hearing service fee deposit.
(f) Any person who is aggrieved by the decision of the hearing officer may
obtain judicial review of such decision in the manner provided under section 1-21.9
of this code.
(g) In the event no application for a hearing is filed within the time prescribed
the decision of the collector shall become final and conclusive on expiration of the
time herein fixed for hearing and shall render any subsequent appeal null and void
and shall further act as a waiver against future action.
(h) Notwithstanding any other provision contained in this chapter or any
other provision contained in this code to the contrary, any person voluntarily
tendering payment of any license tax, interest, or penalties to the city pursuant to
any provision of this chapter shall for all purposes thereafter be precluded and
barred from appealing, contesting or otherwise challenging the validity or amount
Page 18
75D-20
of any such tax, interest or penalties pursuant to any otherwise available procedure
set forth in this chapter, or otherwise available by law, unless said payment is made
under written protest to the city. Said written protest shall be deemed made for the
purposes of this chapter only by one of the following methods: (1) a written notation
set forth on the check, draft, money order, or other negotiable instrument by which
payment is tendered, indicating that such payment is made under protest; or (2) a
written notice addressed and delivered to the collector at the time of payment
indicating that such payment is made under protest. Provided, however, that this
subsection shall not bar a request for refunds authorized pursuant to section 21-87
of this chapter.
Con 21 43. (;gll°n4gr• extension of time for filing Ggrnpremise Of Glaim
vv v. ? .
in addatiOR to all- ower GAfl d Ungn him
G"er heF th t
6h +ll h
th
p
, OF
e
e G
ave
peweF,
days,
in ngmnrgmicc
;Iaim a6 to the aFnG ant of b GiR
li
n t fG ;e e
t
'
e66
ce
se ax G
-
Sec. 21-43. Collector; extension of time for filing - compromise of claims; waiver
of claims.
(a) The collector shall have the power to extend the time for filing any
required application, affidavit, statement or report and remitting of any taxes or
other monies owing for a period of up to six (6) months. In connection with that
authority the collector shall also have the power to extend the time for giving
notification of tax renewal and to extend the time that any previously issued
license shall remain valid. The collector may in his or her discretion exercise this
authority on a case-by-case basis in connection with any individual applicant or
licensee, or other individual person subject to the requirements of this chapter.
The collector may also exercise this authority on a class-by-class basis in
connection with any category, class or subclass of assessment or any category,
class or subclass of applicants, licensees, or other persons subject to the
requirements of this chapter, or any persons subject to any applicable business
license tax surcharge or surtax or other business license related assessment or
fee required or authorized under the general laws of the state.
(b) The collector shall have the further power, for good cause shown, to
compromise any claim, or class of claims, as to the amount demanded or owing.
(c) The collector, shall have the further authority to settle, discontinue, or
waive the collection of any claim, or class of claims, for good cause shown, or if it
appears that further proceedings would be without merit, or if the administrative
or legal cost therefor would be excessive, or if the amount of the claim in
question is de minimus. A claim, or class of claims, shall be deemed to be de
minimus whenever the total amount of the claim is determined by the collector to
Page 19
75D-21
be equal to or less than the total anticipated administrative costs associated with
collecting said amount. The collector may in his or her discretion determine this
amount on a case-by-case basis or on a class-by-class basis. In accordance with
section 21-42 the collector may adopt administrative rules, regulations, and
guidelines, relating to the settlement, discontinuance, or waiver of claims arising
pursuant to this chapter.
(d). In connection with the exercise of the power and authority hereinabove
provided to the collector, he or she in their discretion, shall have the right to
allow the payment of any taxes or other monies owed to the city by installment
without penalty, interest or other administrative charge on a case-by-case basis
or class-by-class basis. In accordance with section 21-42 the collector may adopt
administrative rules, regulations, and guidelines, relating to the acceptance of
installment payments.
(e). Moreover, to effectively implement the intent of the general provisions of
this chapter the collector in his or her discretion may vary the strict procedural,
enforcement, deposit, or other administrative requirements of this chapter on a
case-by-case or class-by-class basis in any manner.
Sec. 21-44. Collector; additional power.
In addition to all other powers conferred upon him or her, the collector shall have
the power, for good cause shown, to waive or reduce any penalty or late interest
imposed, or deposit, or charge, or service fee demanded.
Sec. 21-49. Business licensing - Specified exclusions.
Except as may be otherwise specifically provided in this chapter, the terms
hereof shall not be deemed to apply or construed to require the payment of a license tax
by any of the following persons:
(1) Any public utility making franchise payments to the city, except to the
extent said public utility engages in retail sales or services within the city
not covered or otherwise authorized by such franchise,
(2) Banks, including national banking associations, federal credit unions, and
financial corporations, to the extent that a city may not levy a license tax
upon them under the provisions of Article XIII, Section 27 of the State
Constitution.
(3) Insurance companies or associations engaged in the sale and servicing of
insurance and their direct agents, including bailbond agents and life
agents, but not including brokers or bailbond brokers or life and disability
insurance analysts or insurance solicitors to the extent that a city may not
levy a license tax upon them under the provisions of Article XIII, Section
Page 20
75D-22
28 of the State Constitution.
(4) Any governmental agency or subdivision and the employees thereof, to
the extent they are engaged in the business of such governmental
agencies or subdivisions.
(5) Meter Y inle GarTers, eeF he-u6ehold-ge arripF?? 'f tis, nn ? `?ndor the
jurisdiGtiGR of the PubliG Utilities COFAM0660OR of the any publia transpeFtatlon system on the vity wh"°e definite permanen
points of origin andlar terminat1en lie outside of the legal limits of the vity
to the extent that a vit y may not levy a license tax upon them pUF6 ant to
Sentoon 4301 et sea of the State PubliG Utilities Go
k6.)(5) Any state alcoholic beverage licensee engaged in the manufacture, sale,
purchase, possession, or transportation of alcoholic beverages within the
state to the extent that a city may not levy a license tax upon them under
provisions of Article XX, Section 22 of the State Constitution.
(7) Any day pare favility where not more than sox (6) people "r" i aFe d f"r OR "
feller part time basis to the extent that a pity may not levy a liGenne to
e
upon them puFsuant to SeGtOOR 1523 of the State Health and Safety Code.
(g) ARJ , r? entiaall pare favility ?iheFe not more than cox (6) peoopl a
for, on a full or naFt tome hasis to the extent that a Gity may ""t levy a
license tax upon them pUFS pant to Seatlon 1 566 2 of the State Health and
Safety Cede.
Sec. 21-60. Application; autoregistration - service fee.
Before any license is issued, the applicant shall make a written application to the
collector, which shall contain the following information:
(1) The exact nature or kind of business, profession, show, exhibition, game,
occupation or enterprise for which the license is requested;
(2) The place where such business, profession, show, exhibition, or
enterprise is to be carried on; and if the same is not to be carried on at any
permanent place of business, the residence address, identified as such, of
the owners of the same,
(3) The address where the applicant shall consent to receive mail concerning
the license applied for;
(4) Where any person contracts, sells or delivers any goods, wares or
merchandise in the city for which sales or use tax is payable, the
application shall set for the appropriate California State Board of
Page 21
75D-23
Equalization permit number;
(5) Where any person employs others in the course of such business the
application shall set forth the appropriate federal and/or state employer
identification number,
(6) Where any person conducting any business is self-employed,-the
' number, or is
appliGatiGn shall set feFth the conducting business as a spouse or joint-owner or in any other
capacity not requiring a federal and/or state employer identification
number the application shall set forth the social security number of
the applicant(s). Where any such applicant is not in possession of a
social security number the collector in his or her discretion may
accept another form of personal identification sufficient to properly
identify such applicant;
(7) In the event that the application is made for the issuance of a license to a
person doing business under a fictitious name, the application shall set
forth the names and places of residence of those owning said business or
enterprise;
(8) In the event that the application is made for the issuance of a license to a
person doing business as a state licensed contractor, the application shall
set forth the applicant's state contractor's license number and specialty
classification;
(9) In all cases where the amount of tax to be paid is based upon the number
of persons employed, or upon the number of vehicles used, or upon the
number of rental units in any building or structure, or upon the seating
capacity of any auditorium, stadium or enclosure, or upon the number of
coin-operated machines or devices, or upon any amount or number which
furnishes the basis for determination of the license tax for the particular
business referred to in the application, such items must be stated on the
application; provided that a newly established business shall make a true
estimate or statement of such information and the business tax shall be
based upon said estimation and shall be paid at the time such license is
issued;
(10) Any further information which the collector may require to enable him or
her to issue the type of license applied for;
(11) Any further information which the state may require, or any further
information which the collector may deem necessary to properly identify
the applicant.
Page 22
75D-24
(12) A signed statement made under penalty of perjury that the statements
therein are true and correct, which statement shall be required to be filed
with the collector upon submission of any original license application,
annual renewal statement, miscellaneous supplementary statement, or
other return or filing. Each such declaration of truth of application or
statement shall have included therein, or attached thereto, a certification
or declaration, which shall be substantially in the following form:
I declare, under penalty of perjury; that this application, return or
statement (including any accompanying schedules, statements, and
supporting data) has been examined by me, and, to the best of my
knowledge, information, and belief, is a full true and correct application,
return, or statement and I accordingly so represent.
(Signature of Owner, or Partner, or (Date)
Officer of Corporation, or Other
Authorized Agent or Representative of
an of the above said same
(13) In the case of applications submitted via email, the collector in his or her
discretion may accept a facsimile copy of the applicant's signature;
(14) In the case of applications submitted via other electronic means, the
collector in his or her discretion may accept a digital signature or other unique
personal identification number (PIN) verification.
All information specified to be set forth on any application form prescribed by the
collector shall be submitted completely and accurately and the license shall be deemed
based upon the information submitted and represented. The collector shall not be
required to receive or consider, any application, return or statement unless the above
quoted declaration, in substantially the form hereinabove set forth, is contained therein
or attached thereto and properly executed by the applicant or the authorized agent or
representative of the applicant, and it is unlawful and shall be deemed a misdemeanor
in any such application, return or statement for such applicant or authorized agent or
representative of the applicant to make any statement which is false or which is contrary
to the declaration or representation made in the above quoted form.
Any license shall be deemed based upon the application on file, and if the
information is incomplete or inaccurate, the license shall be deemed invalid. If
information submitted in an application subsequently becomes incomplete or inaccurate
by reason of a change in circumstances, the license shall thereafter be deemed invalid.
Upon the collector's learning of any inaccuracy or incompleteness, notice shall be given
forthwith to the licensee, at the address shown on the license where the licensee
consented to receive information concerning his or her license, that the license is invalid
and requesting the licensee to reapply for a re-validated license within thirty (30) days.
Page 23
7501-25
Upon the licensee's successful application for a re-validated license within the
period hereinabove set the collector shall apply pro rata to the re-validated license the
remainder of the sum originally paid by the licensee.
Upon the licensee's failure to make successful application for a re-validated
license within the period hereinabove set the collector shall give notice forthwith
pursuant to section 21-86 that the licensee's license is hereby suspended. Thereafter,
upon denial of licensee's appeal it shall be revoked whereupon the licensee's original
payment shall be forfeit.
Any person refusing or failing to make application or to provide information
required shall be assessed an amount pursuant to section 21-41, and shall be in
violation of this chapter. The collector, upon making an assessment pursuant to
section 21-41, may in his or her discretion autoregister a license account in the
name of any such person for purposes of assessing business license taxes,
penalties, interest, charges, and service fees as applicable. Whenever the
collector shall cause a license account to be registered an autoregistration
service fee shall be applicable in the amount as specified by resolution of the city
council.
Sec. 21-64. How and when payable; effect of dishonored instrument; return payment
service fee.
All business license taxes or deposits in lieu thereof due hereunder shall be paid
in advance, in lawful money of the United States, or by check, draft or other instrument
in the discretion of the collector, at the office of the collector in the finance department of
the city. No business license shall be issued or renewed until the amount due and
payable has been paid in full. Any license, the fee for which has been paid by an
instrument such as a check, or draft which is dishonored upon presentation for
payment, shall be void and of no effect from its inception. The collector, may, in his or
her discretion, withhold the effect of this provision if the fee is paid within fifteen (15)
days. Payment of license fees following a dishonor of such instrument upon
presentation for payment shall thereafter be made only by cashier's check, money order
or cash, which fee shall include any applicable penalty, as well as a
($10.00) return payment service fee in the amount as specified by resolution of the
city council for such dishonored instrument. The collector shall be authorized to reject
payment other than by cash, cashier's check or money order from such licensee for a
period of two (2) years following any such dishonor.
Page 24
75D-26
Sec. 21-83. Penalties for past due delinquency; application - Minor errors in payments;
acceptance.
(a) For failure to fully pay a liense tax any business license renewal flax
amount when due, the collector shall add the following penalties:
(1) Ten dollars ($10.00) or ten (10) percent of said tax, of the unpaid
balance of said amount, whichever is greater, on the past due date
thereof,
(2) Fifteen dollars ($15.00) or fifteen (15) per cent of said tax, of the
unpaid balance of said amount, whichever is greater, on the first day of
the second month after the past-due date thereof;
(3) Twenty-five dollars ($25.00) or twenty-five (25) per cent of said tax,
of the unpaid balance of said amount, whichever is greater, on the first
day of the third month after the due date thereof; and
(4) Fifty dollars ($50.00) or fifty (50) per cent of said tax-of the unpaid
balance of said amount, whichever is greater, on the first day of the
fourth month the ear after the due date thereof;
provided that the maximum amount shall not exceed an amount equal to one hundred
(100) per cent of the amount of the business license tax due. Notification of
delinquent business license taxes will be given by first class United States mail no
later than the fifteenth day of each month, until the maximum penalty is imposed;
provided that failure to receive such notification shall not exempt the licensee from
all requirements under this chapter.
No license OF Stink er
id en al
ta late er s
mbol sh
ll d
be is h ll e
s , g, p y
a e
e n
t 9F s a h
the tome of a
l
in o an
i y p eFS C)n w o, a
pp
y
g i ,
with the
thFou
h th e t a
l
t 10
g
e
le est u
sim
on
ai
e UR ,
d bal
n
an
e
i
n m
inSt+ll
o
nthl xes,
p
us
+.. er me
=
en
re
(
eft
) peF
e
n
GeR
p
p
• ? p crr c ,
r
rri
cr- y
rn?
m-r?rrrcrnTr i-rel
it? , c cr
r
GLIGh
eFsen shall aGkR
owled
e the
eb
li
atiOR
owed the Git
d
th
t
i
th ,
p g g y an
agree a , R
e eve
O
i R
l
tegetheF with "Rtepest
s
hall be
GE)rne
im
mediate
l
due
nd
bl
i
t
h
PF
s
t
RG
p
h
a
,
peFSOR fails within a
e
ried of t
hirt
(30
) da
s t
y
a
p
here
ft
t
aya
e.
n
d
e eve
t o n
,
S
f
ll
uG
hi
p y y a
eF
G ren
er paym eR n u
, s 0
s
s
Page 25
75D-27
(b) In the event a minor discrepancy exists between the amount paid and the
amount due under this chapter, arising from a miscalculation on the part of an
applicant or licensee, and resulting in an underpayment of the business license tax
in an amount not to exceed such amount as is specified by resolution of the city
council, the collector may accept and record the underpayment as payment in full
without notification to the taxpayer.
Sec. 21-85. Same - Interest.
In addition to the past due delinquency penalties imposed in section 21-83,
any business that fails to remit the tax due shall pay interest at the rate of one (1) per
cent per month, or portion thereof, exclusive of penalties, on the amount of the
unpaid tax, from the date on which remittance first became delinquent until paid-in-full
or otherwise satisfied. Provided however, that pursuant to section 21-84 penalties upon
attaining a combined amount equal to one hundred (100) per cent of the amount of the
business license tax due are merged with the tax payable hereunder and any additional
interest charged from such date on shall be charged the combined amount delinquent
until paid.
Sec. 21-100. Additional required information.
At the time the license required under this agile section 21-98 is applied for,
, and
thereafter annually at the time of the renewal of such license, or at such other time
as the collector may set, the applicant or licensee shall provide to the collector a list
giving the kind or character of machine or device, local business name and street
address, and number of machines or devices at each proposed or existing location.
Sec. 21-115. Same - Keeping of records; applicability of audit.
Section 21-80 shall apply to all statements provided to be filed under this section
21-114; provided however, that the inspection of books and records shall be limited
specifically to books and records reflecting the employees and other persons engaged in
the business activity.
Ste ;22. Nonpayment of tax; asssess eet-by l+eR.
The arnOURt of any business 1iGen6e tax, penalty or by this
Page 26
75D-28
6eGt*GR 21 3
if the busines6 liGense taxes aFe RGt aid when due
GUG h tax
eRalt
aRd
. p
, , p
y
interest, aFe paid OF Until it is d1Qnhapg ed of reGGrd
Sec. 21-122. Nonpayment of tax; assessment by lien; recording and enforcement
of liens; recording service fee.
(a) Recording of a certificate of lien. If any amount, including penalties,
interest, and administrative charges required to be paid under this chapter is not
paid when due, the collector or any duly authorized revenue officer acting as his
or her designated agent, may record or cause to be recorded, in the office of the
county recorder(s) of such counties as the collector may determine, a certificate
which specifies the amount due, the name and address of the person liable for
the same, a statement that the collector has complied with all provisions of this
chapter in the determination of the amount required to be paid, and a legal
description of the real property owned by such person. From the time of the
recording of the certificate, the amount required to be paid together with
penalties, interest, and administrative charges owing constitutes a lien upon all
real property in the county owned by such person or thereafter acquired before
the lien expires. The lien shall have the force, effect and priority of a tax lien and
shall continue for ten (10) years from the filing of a certificate unless sooner
released or otherwise discharged.
(b) Recording service fee. Whenever the collector in his or her discretion
determines that the recording of a certificate of lien is desirable to secure and
effectuate the collection of any amount required to be paid under the terms of this
Page 27
75D-29
chapter, then a recording service fee shall be applicable in the amount as
specified by resolution of the city council.
The GOI!eGtC)F 6hall file with the Git
mana
er a wFitten n9ti Ge of these
eFSE)RS
y
g p
mana
er shall
re6ent 6arne to the Git
GOUnGul
and the Git
GGun G;I shall forthwith
b
g
p
y
,
y ,
(1) By sewing it ppeFSE)nall7y, ° orr 6 it t to he °e mar rpr eced p p by a d rly
°?acr°"??rc r?vrrurT??}6 ?Fg -r- m.-?
a rthorized agent; or
r
(2) By depestti g 4 in the United Stator` mail pGstage prepaid, addFessed to
r
the owner of the hr rsineeelhr r°inecc property at the addFe°° listed in the
°cc?r-.
seWwGe. When made by mail, eFVOGe 6rhalli be deemed `Mplete at the tom?mce o Q°cPve1-°si
in the I Rated Statp° mail
Sec. 21-123. Reserved.
VVuth the nonfirmation of the report by the Gity nor rnnil the delinor rent business
innlr rSio.? ? n in the next propert Nr vNvr •y y tax a66eeement
...?.. OR r the r rvoa ?uic *RteFest at the Fate E)
r r
twelve (12)
eFGeRt
eF aRRUR; ftern the date Of FeGG
d
tffi
t
th
d
t
f
p
p
F
a
en
G
e a
e o r
r
Page 28
75D-30
al taxes
MURiGi
The s eGial assessment liens shall be 6ubordinate to lieR6 exGe
t fGF
p
.
p
those of state
GOURt
an p
d MUniGi
al taxes with whiGh it shall be U
on
aFit
The lieR
y
,
shall GE)RtiRue unto! the as p
p
p
y.
sessment aRd all iRteFest aRd GhaFges due aRd payable aFe
aid
All laws a
liGable GGIleGtian And PRfGFGemeRt Of MURiGi
to the lev
al taxes shall
p
.
pp
be a
licable to said me y,
p
nial assessments
pp
Sec. 21-124. Reserved.
FeGGFded with the reGE)rdeF of the County Of QFange.
Sec. 21-125. Reserved.
SECTION 6: That sections numbered 21-80.1, 21-83.1, 21-93.1, 21-118.1, 21-
119.1, 21-119.2, 21-119.3, and 21-120h shall hereby be added to Chapter 21 of the
Santa Ana Municipal Code and shall read as follows [new language in bold]:
Sec. 21-80.1. Same - Audit deficiency; application of penalty and interest;
Voluntary compliance; effect - Abatement of penalty and interest;
application.
In the event that the collector or his or her designated agents, whether
through an audit or otherwise, determine that any person has misstated their gross
receipts amount or other criteria upon which their current or prior years' business
license tax has been calculated resulting in an underpayment of the tax amount
owed, the collector shall separately calculate the deficiency for each distinct
license period affected and issue a statement of tax deficiency and add
delinquency penalties as applicable to the amount of the tax deficiency in
accordance with section 21-25, subsection (a) and section 21-83, subsection (a),
together with interest as provided under sections 21-84 and 21-85, as applicable,
until such time as the tax deficiency together with the accrued penalties and
interest, are satisfied.
Provided, however, that where any person voluntarily reports a tax deficiency such
person's penalty and interest assessment on said deficiency shall be abated until
the combined amount of tax, penalty and interest due is equalized to an amount
equivalent to the amount of current and prior years' taxes owing as computed or
determined based upon the business license tax rates and charges in effect for
the most current tax year. In computing the abatement of accrued penalties and
Page 29
75D-31
interest to arrive at a combined amount of tax, penalty and interest equivalent to
the amount of the current or prior years' taxes owing as computed or determined
based upon the business license tax rates in effect for the most current tax year
the collector in his or her discretion may retain a sufficient amount of accrued
penalty alone, or a sufficient amount of accrued interest alone, or any sufficient
combination of accrued penalty amount and accrued interest amount necessary.
Whenever the result of any audit performed pursuant to this chapter
determines that any licensee has, exclusive of penalties and interest, underpaid
the amount of their business license tax by ten (10) per cent or more of the total
amount due, but not less than two hundred fifty dollars ($250), then an audit
service fee in an amount as specified by resolution of the city council shall be
applied.
Sec. 21-83.1. Partial payment; not construed as meeting requirements of chapter -
Installment payments and/or deferral; permitted - Written agreement
to satisfy indebtedness; effect.
(a) Except as provided in section 21-83, subsection (b), acceptance of any
partial payment of business license tax or penalty or interest owing that is less than
the amount required under the terms of this chapter shall not be construed as
meeting the requirements of this chapter. No license or sticker, decal, tag, plate or
symbol shall be issued, nor shall one which has been suspended or revoked be
reinstated or reissued, to any person who, at the time of applying therefor, is
indebted to the city for any delinquent business tax, unless such person, enters
into an acceptable binding written agreement with the city to satisfy said
delinquency within one (1) year. With the consent of the collector such agreements
may be deferred or extended for a period exceeding one (1) year.
(b) The execution of any agreement to satisfy delinquent business license
taxes by means of installment payments and/or deferral shall not prevent the
accrual of penalties and interest as applicable on the unpaid balance as provided
under the terms of this chapter. However, such additional penalties as may accrue
and the interest on such penalties shall not be applied after the execution of such
agreement and the payment of the first installment and during such time as such
person shall not be in breach of the agreement. Upon the timely payment of the
final installment of the agreement such additional penalties and the interest thereon
as may have accrued shall be waived. In any agreement so entered into, such
person shall acknowledge the obligation owed the city and agree that, in the event
of failure to make timely payment of any installment, the whole amount unpaid,
principal together with accrued penalties and interest thereon, shall become
immediately due and payable. In the event such person fails within a period of thirty
(30) days thereafter to render payment in full, such person's current business
license may be revoked by the collector. In the event legal action is brought by the
city to enforce collection of any amount included in the agreement, such person
shall pay all costs of suit incurred by the city or its assignee, including attorney
Page 30
75D-32
fees. The execution of such an agreement shall render any subsequent appeal null
and void and shall constitute a waiver against future action.
Sec. 21-93.1. Enforcement; inspection/collection service fee - application.
(a) Whenever any person charged with the duty of enforcing this chapter
shall have cause to re-examine, re-inspect, re-investigate, or re-visit a place of
business for purposes of enforcing any portion of the business license tax code
or to collect any sum owed pursuant to this chapter, a separate inspection/
collection service fee shall be applicable in the amount as specified by resolution
of the city council.
(b) In the case of a re-examination, re-inspection, re-investigation, or re-
visitation of any local place of business pursuant to a violation of this chapter or
noncompliance with the business license tax code, a reasonable period of time
shall be given to the responsible party to correct the violation or to come into
satisfactory compliance with the requirements of this chapter. If the violation or
noncompliance necessitating the re-examination, re-inspection, re-investigation,
or re-visitation of any local place of business is remedied prior to the expiration
of the correction period no inspection/collection service fee shall be imposed.
(c) Whenever the collection of the unpaid balance of any business license tax
or other amount subject to the enforcement and collection requirements of this
chapter is sought by transfer to a collection agency, or any other method of
assignment not inconsistent with the provisions of this chapter, a transfer service
fee in the amount as specified by resolution of the city council shall also apply.
(d) The collector and his or her authorized agents charged with the duty of
enforcing this chapter, may waive the application of the inspection/collection
service fee or any other service fee elsewhere established pursuant to the
provisions of this chapter, in connection with any satisfactory agreement entered
into in accordance with Section 21-83 (c), or any compromise of claim, or any
agreement or settlement entered into pursuant to a court approved stipulation, or
for other good cause shown.
Sec. 21-118.1. In lieu deposits - election of alternate in lieu deposit.
Whenever an applicant for a new business license for whom the gross
receipts of such business is made the basis for fixing the amount of such license is
required under the terms of sections 21-117 or 21-118 to post a deposit in lieu of
payment in advance of their business license tax, said applicant may alternatively
elect to post an adjusted deposit amount equal to the amount of their anticipated
tax based on an acceptable good-faith estimation of their expected gross receipts.
Page 31
75D-33
Sec. 21-119.1. Holding companies and pass-through entities - basic rate amount
only.
Whenever a business entity or other person functions as a holding company
or pass-through entity and does not directly generate gross receipts within the city,
but otherwise transacts and carries on business within the city, or maintains a
business presence in the city, or is registered as a business entity with the
California Secretary of State pursuant to the California Corporations Code as the
same now exists or as may be hereafter amended from time-to-time with a
designated or registered business entity address located in the city, then the
business license tax liability of such business entity or person under section 21-119
shall be limited to the applicable basic rate amount only.
Sec. 21-119.2. Home-based businesses - alternate tax.
(a) Persons liable under the terms of this chapter for gross receipts business
license taxes for business conducted from a home residence within the city shall
have the right to elect an alternate flat rate business license tax as set forth in
section 21-120h of this chapter for home based businesses and home based
occupations, in lieu of the gross receipts tax which would otherwise be applicable.
Such election shall be made in writing at the time of applicant's original application
for a business license or may be made once annually thereafter at the time of
licensee's application for a renewal license.
(b) Home based businesses and home occupations eligible for election of an
alternate flat rate tax assessment shall be deemed to be those businesses or
occupations conducted from a home residence in the city whose business or
occupational use of said residential premises meets the requirements for a Home
Occupation Permit as set forth in sections 41-193.1 through 41-607 of this code as
the same now exist or as they may be hereafter amended from time-to-time.
Sec. 21-119.3. Election of an alternate tax assessment basis - effect.
In every case where a licensee exercises a right under this chapter to elect an
alternate tax assessment basis the effect of said election shall be as follows:
(a) In the event an existing licensee elects to convert their annual license
assessment to an alternate tax assessment basis with an annual term
beginning one or more calendar quarters before the commencement of
their pre-existing tax assessment basis and ending one or more calendar
quarters after the conclusion of their pre-existing tax assessment basis,
then their initial alternate tax assessment shall be subject to a quarterly
proration to account for the reduced number of calendar quarters
remaining in the term of the newly elected tax assessment.
Page 32
75D-34
(b) In the event an existing licensee elects to convert their annual license
assessment to an alternate tax assessment basis with an annual term
beginning one or more calendar quarters after the commencement of their
pre-existing tax assessment basis and ending one or more calendar
quarters after the conclusion of their pre-existing tax assessment basis,
then their pre-existing tax assessment shall be retroactively increased
prorata by the number of quarters necessary to account for the quarterly
periods remaining between the conclusion of their pre-existing
licensing term and the commencement of their alternate tax assessment
licensing term.
Sec. 21-120h. Home-based businesses, home occupations.
HOME-BASED BUSINESS/HOME OCCUPATION ......................................... $165.00 A
SECTION 7: The elective alternate flat rate home-based business/home
occupation business license tax fee adopted pursuant to Section (6) of this ordinance
shall be applicable to any person in arrears for business license taxes related to a
home-base business or occupation in the city effective January 1, 2010. The prior
payment of business license taxes due for home-based businesses or occupations, by
any other person not in arrears for said taxes shall not be deemed to constitute grounds
for a request for a refund pursuant section 21-87(c).
SECTION 8: That sections 21-3, 21-12, 21-16, 21-41, 21-43, 21-44, 21-49, 21-60,
21-64, 21-80.1, 21-83.1, 21-93.1, 21-100, 21-115, 21-118.1, 21-119.1, 21-119.2, 21-
119.3, 21-120h, 21-122, shall come into full force and effect on the first day of the
calendar month following the effective date of this ordinance. To efficiently execute the
intent of this ordinance with respect to sections 21-25, 21-83, and 21-85, the collector
shall have the authority, in his or her discretion, to vary the strict time table and/or method
of implementation of these sections beginning between the first day of the calendar
month following the effective date of this ordinance and up to and including June 30,
2013. Notwithstanding this authority, sections 21-25, 21-83, and 21-85, shall come into
full force and effect not later than July 1, 2013.
SECTION 9: If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Page 33
75D-35
SECTION 10: 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 tax 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
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Jose Sandoval
Chief Assistant City Attorney
AYES:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
2013.
Miguel A. Pulido
Mayor
ABSTAIN: COUNCILMEMBERS:
NOT PRESENT: COUNCILMEMBERS:
CERTIFICATE OF ORIGINALITY & PUBLICATION
I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Ordinance No.
to be the original ordinance adopted by the City Council of the City of Santa
Ana on ; and that said ordinance was published in accordance with
the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Page 34
75D-36