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HomeMy WebLinkAbout FULL PACKET_2013-07-01MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 17, 2013 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:20 P.M. COUNCILMEMBERS Present: ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern MIGUEL A. PULIDO, Mayor ROMAN A. REYNA STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Amezcua, Benavides, Martinez, and Sarmiento. MOTION: Elect Councilmember Martinez as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, and Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Reyna, Tinajero (3) CITY COUNCIL MINUTES 1 JUNE 17, 2013 1 0A-1 PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:21 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) • John Doe v. City of Santa Ana; United States District Court Case No. SACV13-696 CJC (RNBx) • City of Santa Ana v. Fred and Brenda Orgeron, et al.; Orange County Superior Court Case No. 30-2013-00630844 1 B CONFERENCE WITH LEGAL COUNSEL-THREAT OR ANTICIPATED/POTENTIAL LITIGATION pursuant to Government Code Section 54956.9(b) City of Santa Ana v. Santa Ana California Lodge, LLC Property 2909 So. Bristol Street 1C LIABILITY CLAIMS pursuant to Government Code Section 54956.95 Claimants: 21St Century Insurance as subrogee for Tony Tong (vehicle owner) Hoang M. Tong (driver), Claim No. 2012-091. 1 D PUBLIC EMPLOYEE - APPOINTMENT AND PERFORMANCE EVALUATION pursuant to Government Code Section 54957(b)(1) Title: City Manager 1 E CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) and Service Employees' CITY COUNCIL MINUTES 2 JUNE 17, 2013 1 0A-2 International Union (SEIU) Full-Time Employees CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 6:12 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 JUNE 17, 2013 1 0A-3 REGULAR OPEN SESSION CALLED TO ORDER ATTENDANCE INVOCATION PLEDGE OF ALLEGIANCE COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:20 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (6:37 p.m.) ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA (6:17 p.m.) VINCENT F. SARMIENTO COUNCILMEMBERS Absent: SAL TINAJERO, Mayor Pro Tern STAFF Present: KEVIN O'ROURKE, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council DOUG HARDIN, POLICE CHAPLAIN COUNCILMEMBER SARMIENTO CLOSED SESSION REPORT - See report under Agenda Item 19A. PUBLIC COMMENT • Manuel Pena, commented on need for a Hispanic Affairs Office to enhance relationship between community and Police Department. • Gwenn Norton-Perry, Executive Director of Orange County Council of Governments (OCCOG), introduced self and thanked the City Council for past support; noted that OCCOG now self-standing organization that will focus of sustainable community strategies. • Mathew Southgate, eager to participate in strategic plan; commented on budget, opined that disproportionate amount of funding spent on public safety, City to focus more resources on community services. • Peter Katz, commented on recent event hosted by Metrolink from Santa Ana to San Juan Capistrano; opined that Go-Local Program could be huge success and bring outsiders into community; thanked Councilmember Martinez for promoting public transportation. CITY COUNCIL MINUTES 4 1 0A-4 JUNE 17, 2013 • Pocha Pena, Director of OC Film Fiesta, spoke in support of including educational and arts program under strategic plan; City should be tourist destination; consider tourism or cultural council. • Victor Payan, representing OC Film Fiesta, invited all to upcoming free Festival; spoke in support of proposed Business Improvement District (BID); noted that 4th Street is street of dreams with so much to offer; proposed voluntary donation of $.01 in sales take to focus on arts. • Alex Vega, spoke about baseball league monopoly on field appropriations. • Jose Lopez, member of SACReD, thanked the City Council for good job reducing crime, has seen improvements to City since moving in 1990. • Carl Benningan, thanked the City Council for scheduling Public Safety Council Committee meeting; informed all that Comlink will be recognizing "Neighborhood Hero" and "Most Beautiful Yard" awards; thanked Orange County Register for the new Santa Ana Community newspaper. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 32C with the following modifications: • Councilmember Martinez pulled Agenda Item 11 A, 19D, and 25A for separate discussion. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Amezcua, Benavides, Sarmiento (6) Martinez, Reyna, Pulido, None (0) None (0) Tinajero (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE SPECIAL MEETING OF MAY 28, 2013 - Clerk of the Council Office CITY COUNCIL MINUTES 5 JUNE 17, 2013 1 0A-5 MOTION: Approve Minutes. 10B MINUTES OF THE REGULAR MEETING OF JUNE 3, 2013 - Clerk of the Council Office MOTION: Approve Minutes. 10C MINUTES OF THE SPECIAL MEETING OF JUNE 12, 2013 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A ORDINANCE AMENDING SECTIONS 2-155 AND 2-157 OF THE MUNICIPAL CODE THE SUNSHINE ORDINANCE Placed on first reading at the June 3, 2013 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on June 7, 2013. Correspondence received from SACReD dated June 17, 2013. Councilmember Martinez proposed a one-year moratorium. City Attorney Carvalho indicated that proposed ordinance is not restricted to one year. Councilmember Sarmiento clarified that a one-year time line was his initial request at the previous City Council meeting; one year adjustment to provide staff flexibility in meeting budget outreach and strategic plan deadlines, next year revert to original dates; City to provide target date for outreach meetings, like Budget process, on the Strategic Plan. City Attorney Carvalho recommended approval of ordinance as proposed to avoid violating timeline and amending ordinance at later date with requested changes by City Council. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS-2843 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-155 AND 2-157 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE CITY OF SANTA ANA SUNSHINE ORDINANCE CITY COUNCIL MINUTES 6 JUNE 17, 2013 1 0A-6 MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Amezcua, Benavides, Pulido, Sarmiento (6) Martinez, Reyna, None (0) None (0) Tinajero (1) BOARDS / COMMISSIONS / COMMITTEES 13A COUNCIL COMMITTEE REPORTS - Public Works Agency MOTION: Receive and file the Development (Land Use) & Transportation Council Committee Minutes of April 22, 2013. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve settlement agreements as follows: • John Doe v. City of Santa Ana; United States District Court Case No. SACV13-696 CJC (RNBx). City Council provided direction to legal counsel. • AGMT. NO. 2013-089 - City of Santa Ana v. Fred and Brenda Orgeron, et al.; Orange County Superior Court Case No. 30-2013-00630844. Settlement authority up to $10,000. • AGMT NO. 2013-090 - Claimants: 21St Century Insurance as subrogee for Tony Tong (vehicle owner) Hoang M. Tong (driver), Claim No. 2012-091. Settlement agreement in the amount of $17,020. 19B EXCUSED ABSENCES - Clerk of the Council Office MOTION: Excuse the absence of Mayor Pro Tern Tinajero from the June 17, 2013 City Council meeting. CITY COUNCIL MINUTES 7 JUNE 17, 2013 1 0A-7 19C REQUEST FOR PROPOSALS TO DESIGN-BUILD STREETLIGHT UPGRADES TO REPLACE OBSOLETE HIGH VOLTAGE STREETLIGHTS SYSTEM - Public Works Agency MOTION: Authorize the Public Works Agency to publish a Request for Proposals and invite qualified firms to submit proposals for the design and construction of streetlight upgrades at various city locations where there are obsolete high voltage lighting systems. 19D CANCELLATION OF AUGUST 19, 2013 CITY COUNCIL MEETING - City Manager's Office Interim City Manager O'Rourke explained that many cities cancel some meetings during summer, and approval/disapproval is at City Council's discretion. Proposed that in January, City Council set meetings for the year and approve any cancellations at that time. MOTION: Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled City Council meeting scheduled for August 19, 2013 and that the City Council hereby waives notice of said meetings as required by the Government Code. MOTION: Martinez SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento, Tinajero (2) BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A through 22D) 22A SPEC. NO. 11-009 - VEHICLE TIRES - Renew the contract with Parkhouse Tire, Inc. for a one-year period in an amount not to exceed $120,000 - Finance & Management Services CITY COUNCIL MINUTES 8 JUNE 17, 2013 1 0A-8 22B SPEC. NO. 13-027 - HP SUPPORT AND MAINTENANCE CONTRACT FOR ENTERPRISE VIRTUAL ARRAY STORAGE - Award a contract to Govplace in the amount not to exceed $28,900 - Finance & Management Services 22C SPEC. NO. 13-030 - TWO ELECTRIC UTILITY VEHICLES - Award a contract to The Electric Car Company of Long Beach in an amount not to exceed $70,600 - Finance & Management Services 22D SPEC. NO. 13-031 - FIRE ALARM SYSTEMS MAINTENANCE AND TIME CLOCK SUPPLIES - Award a contract to Simplex Grinnell for a one- year period, with provisions for three one-year renewals, in an annual amount not to exceed $50,000 - Finance & Management Services AGREEMENTS 25A AGMT NO. 2013-091 - BEVERAGE AND/OR SNACKS SERVICES AT CITY OWNED PROPERTIES Parks, Recreation & Community Services Agency Gerardo Mouet, Executive Director of Parks, Recreation and Community Services noted that vendor will provide 50% healthy snack options. MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Automated Vending Technologies, Inc. (AVT) for a one-year term, with the option of extending the agreement for five additional one-year terms, subject to non- substantive changes approved by the City Manager and City Attorney MOTION: Martinez SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney and/or CITY COUNCIL MINUTES 9 JUNE 17, 2013 1 0A-9 actions as noted on the Request for Council Action report. (Item 25B through 25E) 25B INSTRUCTORS FOR THE LEISURE SERVICES PROGRAM - Parks, Recreation & Community Services Agency • AGMT NO. 2013-092 - With Martin Torres for Karate Do Kai instructions for a two-year term in an amount of $30,000 per year. • AGMT NO. 2013-093 - With Choc Le for Tae Kwon Do instructions for a two-year term in an amount of $30,000 per year. • AGMT NO. 2013-094 - With Melina Herrera for Care Bear Academy instructions for a two-year term in an amount of $30,000 per year. 25C AGMT NO. 2013-095 - DOWNTOWN GENERAL MAINTENANCE SERVICES AND GUARDRAIL, BOLLARD, AND CHAIN-LINK FENCE REPAIR - With Orange County Contractors Services dba Orange County Mailboxes and Construction for an amount not to exceed $55,000 through June 30, 2014 - Public Works Agency and Community Development Agency 25D AGMT NO. 2013-096 - FATS, OILS, & GREASE PROGRAM MANAGEMENT SERVICES - With Environmental Engineering and Contracting, Inc. for an amount not to exceed $300,000 - Public Works Agency 25E AGMT NO. 2013-097 - MEDIAN LANDSCAPE MAINTENANCE SERVICES - With Mariposa Landscapes, Inc., for a not-to-exceed amount of $628,160 with an option for two, two-year extensions - Public Works Agency TENTATIVE PARCEL/TRACT MAPS 32A TENTATIVE TRACT MAP NO. 2013-01 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR A 10-UNIT RESIDENTIAL DEVELOPMENT AT 806 EAST SANTA ANA BOULEVARD - BILL MCREYNOLDS, CITY VENTURES, INC., APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on May 28, 2013 by a 6-0 vote (Yrarrazaval absent). CITY COUNCIL MINUTES 10 JUNE 17, 2013 1 0A-10 MOTION: Receive and file the staff report approving Tentative Tract Map No. 2013-01 (County Map No. 17498) as conditioned. 32B TENTATIVE TRACT MAP NO. 2013-02 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR AN EIGHT-UNIT RESIDENTIAL DEVELOPMENT AT 620 EAST FIFTH STREET - BILL MCREYNOLDS, CITY VENTURES, INC., APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on May 28, 2013 by a 6-0 vote (Yrarrazaval absent). MOTION: Receive and file the staff report approving Tentative Tract Map No. 2013-02 (County Map No. 17406) as conditioned. 32C TENTATIVE TRACT MAP NO. 2013-03 TO ALLOW A SUBDIVISION FOR CONDOMINIUM PURPOSES FOR A SEVEN-UNIT RESIDENTIAL DEVELOPMENT AT 609 NORTH GARFIELD STREET - BILL MCREYNOLDS, CITY VENTURES, INC., APPLICANT - Planning and Building Agency Recommended Action approved by the Planning Commission on May 28, 2013 by a 6-0 vote (Yrarrazaval absent). MOTION: Receive and file the staff report approving Tentative Tract Map No. 2013-03 (County Map No. 17499) as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS *Councilmember Martinez reported a potential conflict of interest on Agenda Item 12A due to residency within 500 feet of subject area, and left the dais for the duration of discussion. NOTICE OF INTENT TO HOLD A PUBLIC HEARING 12A DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT INTENT TO LEVY ASSESSMENT FOR 2013 - Community Development Agency Recommended Action approved by the Community Redevelopment and Housing Commission on June 4, 2013 by a 5-2 vote (Bist and Sandoval dissenting). CITY COUNCIL MINUTES 11 JUNE 17, 2013 1 0A-11 Councilmember Amezcua proposed a continuance since only 21 businesses attended meetings set by City, that invited more than 600 businesses. City Attorney Carvalho indicated that extensive outreach done. Interim Executive Director of Community Development Sandy Gottlieb, indicated that certified letters were sent and hand delivered to those that had returned receipt letters; correspondence sent in Spanish and English on meetings scheduled Councilmember Sarmiento asked for clarification on boundaries. Interim City Manager O'Rourke noted that boundaries same as 1993; Engineering Reports and cost benefit have been done; Councilmember Reyna, encouraged all businesses be contacted. Councilmember Benavides noted that when PBID was disestablished, City made commitment to allow BID to establish if businesses interested. City Attorney clarified that BID was not staff driven; settlement agreement with Downtown Inc. indicated that City to work with all downtown groups; will have $189k of in-kind services to pay if BID does not get approved; concept was to identify 2 groups that promote their type of businesses; downtown merchants group would be separate than entertainment oriented group Mayor Pulido, indicated that when PBID dissolved both groups spoke about benefit of BID; BID approval is business based instead of property based and requires protest vote. MOTION: 1. Approve the 2013 Assessment Report and budget for the Downtown Santa Ana Business Improvement District. 2. Adopt a resolution. RESOLUTION NO. 2013-027 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2013 3. Establish a time and place for a public hearing to be held by the City Council on July 1, 2013 to hear and consider all protests. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Reyna, Pulido, Sarmiento (4) NOES: Amezcua (1) CITY COUNCIL MINUTES 12 JUNE 17, 2013 1 0A-12 ABSTAINED Martinez (1) AND NOT PRESENT: ABSENT: Tinajero (1) PROJECTSICHANGE ORDERS 23A 23B CONTRACT AWARD FOR WESTMINSTER AVENUE SEWER IMPROVEMENTS (PROJECT 126605) - Public Works Agency MOTION: 1. Award a contract to the lowest responsible bidder, Vasilj, Inc., in accordance with the Base Bid, totaling $1,006,281.50 for the construction of Westminster Avenue Sewer Improvements Project. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,286,219.50. 3. AGMT NO. 2013-098 - Approve the Westminster Avenue Sewer Project Construction and Reimbursement Agreement, subject to non-substantive changes approved by the City Manager and City Attorney with the Garden Grove Sanitary District. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Amezcua, Benavides, Pulido, Sarmiento (6) Martinez, Reyna, None (0) None (0) Tinajero (1) CONTRACT AWARD FOR MAPLE STREET BIKE TRAIL STORM DRAIN CDS PROJECT (PROJECT NO. 136793) - Public Works Agency MOTION: CITY COUNCIL MINUTES 13 JUNE 17, 2013 1 0A-13 1. Award a contract to the lowest responsible bidder, Fleming Environmental, Inc., in accordance with the base bid totaling $153,940 for the construction of the Maple Street Bike Trail Storm Drain CDS Project. 2. Approve the Cost Analysis for a total estimated project delivery cost of $200,122. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: AGREEMENTS (Non-routine) SECOND: Benavides Amezcua, Benavides, Pulido, Sarmiento (6) Martinez, Reyna, None (0) None (0) Tinajero (1) 25F AMENDMENT TO AGREEMENT WITH CLEAR CHANNEL OUTDOOR, INC., AND REQUEST FOR PROPOSALS FOR BUS SHELTER AND BENCH SERVICES - Public Works Agency MOTION: 1. Authorize the Public Works Agency to extend the bus shelter and bus bench services agreement, subject to non-substantive changes approved by the City Manager and City Attorney. AGMT NO. 2013-099 - AMENDMENT - With Clear Channel Outdoor, Inc., for a period not to exceed 12 months, on a month-to-month basis. 2. Approve issuance of a Request for Proposals (RFP) to qualified firms for exclusive bus shelter and bus bench services. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: SECOND: Benavides Amezcua, Benavides, Pulido, Sarmiento (6) Martinez, Reyna, None (0) None (0) CITY COUNCIL MINUTES 14 JUNE 17, 2013 1 0A-14 ABSENT: Tinajero (1) 25G MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS CENTER - Parks, Recreation & Community Services Agency Continued from the June 4, 2013 City Council meeting by a vote of 7-0. Councilmember Sarmiento motioned for a 2-week continuance for opportunity to discuss augmenting programs offered at site. Councilmember Benavides requested background and overview of tennis center. City Attorney Carvalho proposed a 30-day extension with existing provider to allow for continuation of services. Mayor Pulido commented that additional programs should be considered. Councilmember Sarmiento clarified that current services will remain same and if second provider approved would be through separate agreement or amending contract to include services through non-profit. City Attorney Carvalho indicated that City to include language to allow some type of opener to preserve status quo, however still provide opportunity to amend. Proposed contract includes notice period; once notice of renewal provided would extend term of contract. Councilmember Reyna expressed concern with 5-year contract with extensions allowing up to 20 year contract. AMENDED MOTION: Continue consideration of matter for 2 weeks, (July 1, 2013 City Council Meeting) and approve a 30-day extension with current provider. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: Mayor Pulido left the room at 7:24 p.m. SECOND: Pulido Amezcua, Benavides, Pulido, Sarmiento (6) Martinez, Reyna, None (0) None (0) Tinajero (1) CITY COUNCIL MINUTES 15 JUNE 17, 2013 1 0A-15 ORDINANCES/FIRST READING 50A ORDINANCE AND RESOLUTION REGARDING ADMINISTRATIVE FINES RELATING TO CODE ENFORCEMENT VIOLATIONS - Police Department and Planning and Building Agency City Attorney Carvalho and Executive Director of Planning and Building Trevino provided background information on proposed property citation program; resolution brings us in par with neighboring cities' fees and allows stronger tool on enforcement of medical marijuana dispensaries and other matters. MOTION: 1. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. 2845 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES 2. Adopt a resolution. RESOLUTION NO. 2013-028 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF THE SANTA ANA MUNICIPAL CODE MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: Mayor Pulido returned at 7:26 p.m. RESOLUTIONS SECOND: Sarmiento Amezcua, Benavides, Sarmiento (5) Martinez, Reyna, None (0) None (0) Pulido, Tinajero (2) 55A ANNUAL STATEMENT OF INVESTMENT POLICY FOR JULY 2013/2014 - Finance & Management Services Agency CITY COUNCIL MINUTES 16 1 0A-16 JUNE 17, 2013 Treasury Manager Duarte provided background information on Investment Policy; State establishes guidelines; City has conservative portfolio. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2013-029 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY 2. Receive and file the Annual Statement of Investment Policy. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Amezcua, Benavides, Pulido, Sarmiento (6) Martinez, Reyna, None (0) None (0) Tinajero (1) 55B AMENDMENT TO RESOLUTION NUMBER 2001-065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY-PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY - Personnel Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2013-030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001-065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY-PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: SECOND: Reyna Amezcua, Benavides, Pulido, Sarmiento (6) None (0) None (0) 17 1 0A-17 Martinez, Reyna, CITY COUNCIL MINUTES JUNE 17, 2013 ABSENT: Tinajero (1) OCAAnTC 65A APPOINTMENT OF ALTERNATE MEMBER TO THE ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) BOARD - Clerk of the Council Office MOTION: Select Councilmember Benavides as an alternate member to the Orange County Council of Governments (OCCOG). MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Martinez Amezcua, Benavides, Pulido, Sarmiento (6) Martinez, Reyna, None (0) None (0) Tinajero (1) 75A PUBLIC HEARING - REPORT ON WATER QUALITY RELATIVE TO PUBLIC HEALTH GOALS - Public Works Agency Legal Notice published in the O.C. Reporter on June 7, 2013. Mayor Pulido opened the Hearing. There were no speakers or written communication; and the Hearing closed. Councilmember Sarmiento noted that water issues and pollution hot topic; will have speaker from Orange County Water District at next City Council meeting; would like water report available to public. MOTION: Accept the report on Water Quality Relative to Public Health Goals. MOTION: Sarmiento VOTE: AYES: SECOND: Martinez Amezcua, Benavides, Martinez, Reyna, Pulido, Sarmiento (6) CITY COUNCIL MINUTES 18 JUNE 17, 2013 1 0A-18 NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 75B PUBLIC HEARING OPENED AND CLOSED ON JUNE 3, 3013: ORDINANCE AND RESOLUTIONS - ADOPTION OF TWO-YEAR BUDGET FISCAL YEARS 2013-15; MISCELLANEOUS FEE INCREASES AND CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS - City Manager's Office and Finance & Management Services Agency Legal Notice for public hearing published in the Orange County Register on May 24 and 31, 2013. Ordinance title published in the Orange County Register on June 7, 2013. The City Council approved first reading of ordinance by a vote of 6-0 (Pulido absent) at the June 3, 2013 City Council meeting. Additional correspondence received from SACReD and Washington Square Neighborhood Association dated June 17, 2013. Mayor Pulido accepted additional Public Comment on item: ¦ Rob Richardson, Vice President of Santa Ana Unified School District Board, spoke about need for school district to retain SAUSD Police Chief Valentine. Suggested one-year extension of his assignment at the school district. Joint Council/SAUSD meeting discussed matter; thanked City for partnerships in the past. ¦ Mary Ann Castillo, 30 year resident of City; has volunteered at local schools; reviewed budget and requested more parks and community programs with health and prevention a priority; spoke in Sacramento to legislators about need for such programs. ¦ Veronica Ramirez, representing Kidworks, thanked City for recent accomplishments and request that more funds be appropriated for parks; some streets do not have street signals. ¦ Elizabeth Cervantes, representing Kidworks and Bella Vista Association, thanked Council for improvements at Jerome Park; enjoy seeing residents at park; need programs throughout the year not just summer months. ¦ Juan Carlos Macedo, SACReD member, thanked City for answering all questions on budget; opined that children do not have enough after school programs; budget to focus on early prevention. ¦ Manuela Lopez, SACReD member, spoke about need for additional libraries, safe neighborhoods, transparency in government and community engagement; City to respect undocumented residents; CITY COUNCIL MINUTES 19 JUNE 17, 2013 1 0A-19 opposed to Jail's contract with ICE; concerned with Floral Park appropriation of more than $250,000 for improvements; some neighborhoods abandoned like Community Center programming Department. Lacy, important to have Garfield fully funded; build trust with Police ¦ Clark Casler, thanked City Council for efforts in implementing proposal on Sunshine Ordinance; proposed that budget meeting be designated on specific months. ¦ Adrian Munoz, SACReD member, thanked City Council for allowing community to participate in budget process; jail funds to be directed to libraries and youth programs. ¦ Alondra Ampos, SACReD member, concerned with budget allocation to Bowers Museum, ¦ Angie Aparicio, request improvements at Alona Park - security issues and maintenance of bathrooms; lack of open space contribute to obesity; City has made some improvements; but more needed. • Ana Charco, spoke in support of skateboard park. ¦ Miguel Nieto invited all to attend upcoming skate-a-thon event. ¦ Beatrice Fernandez, Santa Ana Skateboarding Coalition, spoke in support of additional skate parks - growing sport; parks are flexible in design and good investment in our youth; consider allocating funds; submitted petition for record. ¦ Jaime Espinosa, park needs improvements; proposed 5 parks in each Ward; designed Santa Ana skate park 10 years ago. ¦ Pocha Pena, spoke in support of cultural and arts programs; Santa Ana has largest concentration of historic buildings in Orange County; proposed increasing film permit fees. ¦ Victor Payan, proposed public incentives for arts programs. Councilmember Martinez thanked residents for public participation and SACReD for active engagement; Council listening to proposals; Police budget includes bond repayment use asterisks to identify that line item next budget to be more transparent. Does not support water fund transfer to general fund. Councilmember Sarmiento recognized staff for thorough review of budget; City has overcome $30 million deficit last year; proposed budget will end furlough's with some of our bargaining groups; 74 vacancies will be filled; will together be able to provide better services to our residents; code enforcement will add staff; strategic plan will help guide the City including economic development; update the General Plan; City has added 22 acres of open space in past 6 years; Councilmember Benavides expressed gratitude to all for engagement and Interim City Manager for inclusive process and restricting and true/sustainable allocation of funds; labor negotiations underway and assumptions included in budget; not all proposals incorporated into budget adoption, but will have opportunity in near future to integrate into Strategic CITY COUNCIL MINUTES 20 JUNE 17, 2013 1 OA-20 Plan; value input; asked about relationship with SAUSD and request by school district to retain Police Lieutenant at schools; approve staff recommendation; will continue to help school district with transition Acting Police Chief Carlos Rojas presented information on general fund cost to City for assigning Police staff to Santa Ana Unified School District. Councilmember Martinez recognized School Boardmember Richardson for coming out to speak; under current management staffing we need to better staff our department; continue partnership, but in other ways; proposed 120 day transition; other subsidized positions like the one at the Main Place Mall will be re-assigned; have accomplished great strides like open space through team effort and want to continue on that path. Councilmember Reyna shared sentiments of colleagues; spoke of need to recoup and keep funds in our City; encourage all to continue to engage in budget process. Councilmember Amezcua noted that as a teacher, safety is important, noted that at joint meeting discussed extension of transition; thanked staff for putting budget together; encouraged all to continue engagement; City will have mid-year review. Interim City Manager O'Rourke proposed re-designating funds from one (1) Deputy City Manager to two (2) Sr. Management Assistants to provide additional staff support to the City Council. Councilmember Martinez amended recommendation and Councilmember Amezcua supplemented amendment. Interim City Manager O'Rourke noted that proposed amendments to budget are on-going expenses reduced from General Plan Update funds that are one-time fees. Encouraged City Council to review budget during mid-year review. Councilmember Benavides proposed adjustments to Miscellaneous Fee Schedule. Councilmember Martinez seconded friendly amendment to motion. AMENDED MOTION: Move that the proposed budget be approved with the following modifications: 1. Reduce the allocation for the General Plan/Zoning Ordinance Update in the Non-Departmental appropriation for 2013-14 by $541,000 and reallocate those monies to the Parks, Recreation and Community Services Department as follows: • $64,000 in 2013-14 for Willard Joint-Use Park staffing; CITY COUNCIL MINUTES 21 JUNE 17, 2013 1 OA-21 • $100,000 in 2013-14 for Garfield Community Center staffing; • $25,000 for the Fourth of July Event budgeted in the 2013-14 year; • $ 128,000 in 2014-15 for Willard Joint-Use Park staffing; • $199,000 in 2014-15 for Garfield Community Center staffing; and • $25,000 for the Fourth of July Event budgeted in the 2014-15 year; • Direct staff to identify the appropriation of the $541,000 to the General Plan/Zoning Ordinance Update as the first priority for any funds available at the mid-year budget review. 2. Direct the City Manager to include within the mid-year budget review a report on: • projected on-going revenues as well as cost savings; and • the service level impacts in the Code Enforcement Division and all City agencies resulting from both the return of the furlough hours and the increase in personnel already included in the 2013-14 budget. 3. Consider the appropriation of increased funding to the Code Enforcement Division for staffing as an additional priority for any additional on-going funds. 4. Adjust Uniform Schedule of Miscellaneous Fees to reduce parking permit fee to $60.00 and utility services set-up fee to $35. 00. 5. Place ordinance on second reading and adopt. ORDINANCE NO. NS-2844 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR A TWO YEAR BUDGET PERIOD COMMENCING JULY 1, 2013 6. Adopt resolutions as revised. RESOLUTION NO. 2013-031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2013-2014 AND REPEALING IN PART RESOLUTION NO. 2012-022 (Revised) RESOLUTION NO. 2013-032 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82-110, 91-066 AND 96-095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS CITY COUNCIL MINUTES 22 JUNE 17, 2013 1 OA-22 MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: 90A 90B SECOND: Amezcua Amezcua, Benavides, Pulido, Sarmiento (6) Martinez, Reyna, None (0) None (0) Tinajero (1) COMMENTS CITY MANAGER'S COMMENTS Interim City Manager O'Rourke thanked City staff for hard work in producing and finalizing Budget; impressed with professionalism CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Thanked residents for commitment and engagement on budget; City committed to Willard and Garfield Community Centers; have allocated fund for next couple of years; thanked Interim City Manager, Deputy City Manager and Department Heads for efforts; City also investing $250,000 in Economic Development Plan ; • Encouraged arts community to be involved in Strategic Plan process; • Commend Delhi Center for taking on skatepark; invited all to attend the Skate-A-Thon event; • Invited all to visit City's website for list of on-going community programs; and • Congratulated all graduates and wished them well. Councilmember Sarmiento: • Commented on difficult decision on transitioning police officer back to SAPD; long tradition and commitment to work together with SAUSD; in recent past granted land for construction of new school buildings; funds allocated for community center on school grounds; • Thanked Interim City Manager and staff for budget; mid-year budget will allow for adjustments needed; • Enterprise Zone may be dismantled by Governor, important program that allows for business retention and attraction; encouraged all to contact Assembly Member Tom Daly to support retention of Enterprise Zone; and CITY COUNCIL MINUTES 23 JUNE 17, 2013 1 OA-23 • Congratulated all high school and college graduates. Councilmember Amezcua: • Hope all had a nice Father's Day; and • Urged all to shop in Santa Ana - every dollar counts. Councilmember Benavides: • Proposed that Police Department have staff assist with the SAUSD Police Chief transition process. • June 30th will have 3rd Annual Fourth of July Event at Centennial Park at 9 p.m. with music and educational programs starting at 4 p.m. Mayor Pulido: • Invited all to attend State of the City Address (to be held on Wednesday, June 19, 2013 at 7:30 a.m. at Bowers Museum) • Congratulated the Nicolas Academic Foundation for graduating students with scholarships to major universities all throughout the country ADJOURNED- 9:18 P.M. - The next meeting of the City Council is scheduled for Monday, July 1, 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. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Street Car Project Locally Preferred Alignment • Ordinance Addressing Homeless Shelters as per Requirements in SB 2 • Study Session on Entertainment Ordinance • Public Hearing on Sexlinger Property • Adoption of Strategic Plan • Harbor Blvd. Mixed-Use Plan CITY COUNCIL MINUTES 24 JUNE 17, 2013 1 OA-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: ORDINANCE SECOND READING: AMENDING THE SANTA ANA MUNICIPAL CODE TO ALLOW THE AMOUNT OF ADMINISTRATIVE FINES AND PENALTIES TO BE SET BY RESOLUTION s C MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER On June 17, 2013, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 5-0 (Pulido and Tinajero absent): ORDINANCE NO. NS-2845 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES FISCAL IMPACT There is no fiscal impact associated with this action. aria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS-2845 11 A-1 11 A-2 Iss6/17/13 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING SETTING THE AMOUNT OF ADMINISTRATIVE CITATION FINES AND PENALTIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code section 53069.4 authorizes the City, by ordinance, to make any violation of any ordinance enacted by the City subject to an administrative fine or penalty; and B. Government Code section 53069.4 authorizes the City to establish by ordinance, procedures governing the imposition, enforcement, collection and administrative review of those administrative fines or penalties; and C. The City has determined that the issuance of administrative citations tends to benefit real property located in the City by increasing the likelihood that public nuisances will be removed, thereby enhancing and protecting the public health, safety and welfare of the community; and D. The City has decided to set the amount of administrative citation fines and penalties in line with California Government Code Section 36900, which establishes maximum limits for administrative fines and penalties. 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. Section 1-21.3 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 1-21.3. Fines (a) The amount of fines for violating provisions of the code shall be established and amended by resolution of the City Council. The schedule may include escalating fine amounts for repeat code violations occurring within specified periods of time. 11 A-3 (b) Fines are due on the day specified in the administrative citation, or in the event of an appeal, as determined by the Hearing Officer. (c) The failure of any person to pay the civil fines assessed by an administrative citation may result in the matter being referred for collection which includes but is not limited to the filing of a small claims court action and/or a special assessment and/or lien on real property. Section 4. Any provision of the Code that is inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 5. 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. Section 6. This ordinance shall become effective thirty days after its adoption by the City Council. ADOPTED this day of 2013 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura Sheedy Assistant City Attorney 11 A-4 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 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 11 A-5 11 A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS 7TY 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 Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution No. 2013-014. DISCUSSION On April 1, 2013, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. Attachments (2): Memorandum for Request for Destruction of Records - City Manager's Office Memorandum for Request for Destruction of Records - Personnel Services Agency 19C-1 19C-2 MEMORANDUM To: Laura Sheedy, Assistant City Attorney City Attorney's Office From: Mark Lawrence, Executive Assistant to the City Manager Date: July 1, 2013 Re: REQUEST FOR DESTRUCTION OF RECORDS The City Manager's Office requests your consent to destroy city records on the attached listing, in accordance with the retention schedule outlined in City Council Resolution 2013-014. 19C-3 Thank you. CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE CITY MANAGER'S OFFICE 2013 RECORD RECORD RECORD EXPIRATION CATEGORY SERIES DESCRIPTION DATES Chronological Files Staff Memoranda and Correspondence June 1, 2011 and prior Correspondence/ June 1, 2011 Chronological Files Councilmember Self-explanatory and prior Council Requests Mayor Inquiries processed for Mayor June 1, 2011 and prior Wards 1 through 6 Inquiries processed for Councilmembers June 1, 2011 and prior Correspondence General Correspondence Self-explanatory June 1, 2011 and prior Staff Inquiries processed for Staff June 1. 2011 and prior Monthly Status City Manager Self-explanatory June 1, 2011 Reports and prior Payroll Records Council/Staff Self-explanatory June 1, 2011 and prior June 1, 2011 Travel Folders Council/Staff Self-explanatory and prior APPROVE: CONSENT: /?S Kevin O'Rourke Date .`'Sonia R. Carvalho Date 3 Interim City Manager City Attorney ----------------------------------------------------------- RECORDS DESTROYED: Volume in Cubic Feet Weight in Pounds AUDITED BY: Mark Lawrence Date Exec. Assistant to the City Manager 19C-4 MEMORANDUM To: Joseph Straka, Chief Assistant City Attorney City Attorney's Office From: Ed Raya, Executive Director Personnel Services Agency Date: June 24, 2013 Re: REQUEST FOR DESTRUCTION OF RECORDS The Personnel Services Department requests your consent to destroy city records on the attached list, in accordance with the retention schedule outlined in City Council Resolution 2013-014. Thank you. I A a&a "(? ?? 19C-5 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE PERSONNEL SERVICES DEPARTMENT PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD 777 RECORD CATEGORY SERIES DESCRIPTION 1 DATES ENROLLMENT Dental Insurance Employee dental insurance enrollment forms** EE Separated FORMS December 2007 and (OFFICIAL) prior Flexible Spending, Enrollment forms for flexible spending program** EE Separated Section 125 December 2007 and prior Life Insurance Employee life insurance enrollment forms** EE Separated December 2007 and prior Long-Term Employee Long-Term Disability Insurance EE Separated Disability enrollment forms** December 2007 and Insurance prior Medical Insurance Employee medical insurance enrollment forms** EE Separated December 2007 and prior EQUAL Employment and Personnel and employment records, including EE Separated EMPLOYMENT personnel records application forms*, records pertaining to December 2007 and OPPORTUNITY promotions**, layoffs**, terminations**, salaries** prior COMMISSION and training* (EEOC) Involuntary Personnel records of terminated employee** EE Separated termination December 2007 and prior OFFICIAL Certification/ Request for Certification and/or reassignment EE Separated PERSONNEL Reassignment forms which document and authorize hiring, December 2007 and FILES Forms reassignment, or other employee actions.** prior Certificates of Certificates issued to EE which show completion EE Separated Training date of training class(es).* December 2007 and prior Commendation Letters of commendation and/or other EE Separated Letters congratulatory documents received by and/or December 2007 and issued to EE.* prior Disciplinary Memorandums, letters, or other records of EE Separated Actions proposed and/or implemented disciplinary December 2007 and action(s).** prior Doctor's Notes/ Notes/medical release forms, etc., submitted EE Separated Medical Releases regarding employee's medical condition.** December 2007 and prior Drug Screen Test Pre-placement and drug screening authorization EE Separated and acknowledgement form(s) and results of December 2007 and drug screening.** prior 19C-6 PERSON NEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES OFFICIAL Family and Basic employee data (name, address, class title, EE Separated PERSONNEL Medical Leave pay rate, hours worked per pay period; additions December 2007 and FILES (FML) to or deductions from wages). Dates (or hours) prior FML designated/ taken; FML notices given to employer by employee; documents from employer describing FML policies; records of premium payments of employee benefits; records of any disputed confidential files: records/documents relating to medical certifications." Job Application Applications for employment and resumes (if any) EE Separated for hired employees.* December 2007 and prior Medical Leave of Leave of Absence forms used in the EE Separated Absences** documentation of medical leave (including December 2007 and pregnancy leave and Family and Medical prior Leave).** Miscellaneous Documents not specifically mentioned but kept in EE Separated Documents official personnel file.*** December 2007 and prior Notice of Form completed by employee and/or department EE Separated Separation indicating effective date of separation, last day on December 2007 and the job, reason for separation, etc.** prior Oath of Office Form completed and signed by employee EE Separated affirming allegiance to the Constitution of the December 2007 and United States and the Constitution of the State of prior California.* Outside Form submitted by employee for approval for EE Separated Employment employee to be engaged in outside employment.* December 2007 and prior Performance Employee performance evaluation forms EE Separated Evaluations completed by supervisory personnel re December 2007 and employees' accomplishment of their assigned prior duties and responsibilities, etc.* PERS Enrollment Forms to enroll employees in the Public EE Separated Employees' Retirement System (PERS)** December 2007 and prior Pre-Employment Forms completed by employee and medical clinic EE Separated Medical to assess physical capability of employee prior to December 2007 and hiring.** prior Security Check Form completed by Personnel Svcs to request EE Separated Form Police Dept to conduct security check on December 2007 and employee prior to hiring.* prior Special Licenses Special licenses issued to employees from DMV, EE Separated accredited schools, etc., verifying employee December 2007 and meets certain job-related requirements.* prior 19C-7 PERSONNEL SERVICES DEPARTMENT RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES Tuition Copies of applications for training and EE Separated Reimbursement educational assistance which show EE request, December 2007 and Request department head approval, and final disposition prior of request.* OFFICIAL Union Bank Form signed by employee authorizing leave hours EE Separated PERSONNEL Donation Form be donated to the Union Business Leave Bank to December 2007 and FILES be used by union leaders for Union Business.* prior W-4 form Employee's Withholding Allowance Certificate EE Separated completed by EE authorizing employer to withhold December 2007 and Federal income tax from employee's pay and/or prior for indicating exemption.** Please see attached spreadsheet listing employee personnel files to be purged/digitally imaged. * Will be purged Will be digitally imaged *"* If non-medical records, will be purged; if medical records, will be digitally imaged. PREPARED BY: CONSENT BY: Rosa Flores for Date Edward Raya Executive Director of Personnel Services ? 'M. a jr- A `__ G _A4-t3 Aand Raya Date Executive Director of Personnel Services RECORDS DESTROYED: Number of Boxes APPROVED BY: 4 S /3 'c r Joseph Straka Date Chief Assistant City Attorney 19C-8 Obsolete Records Destruction Schedule Listing Attachment to the June 24, 2013 City Attorney Memo Employee Name EE Number Classification FT PT PTCS Separation Date Afualo, Tait Barnes 104640 Program Leader I PT 08/14/07 Alba, Yareiry V. 104739 Tutor PT 09/21/07 Alvare, Ivan 08215 Detention Officer FT 09/07/07 Alvarez, Alberto 105246 Library Assistant PT 12/31/07 Alvarez, Gemma 105021 Senior Administrative Intern PT 08/10/07 Alvarez, Iris C. 104467 Senior Administrative Intern PT 07/20/07 Alvarez, Michelle R. 103221 Senior Office Assistant FT 08/24/07 Anderson, Mhystie L. 104889 Program Leader I PT 08/02/07 Arruda, Christopher J. 104629 Administrative Intern PT 04/04/07 Augustine, Pharaoh 103932 Engineering Intern PT 07/27/07 Avila, Antoinette 105146 Library Assistant PT 10/02/07 Avila, Blanca 104489 Program Leader II PT 08/10/07 Babayans, Katherine B. 01980 Senior Accounting Assistant FT 05/15/07 Baisch, Brian 104797 Park Maintenance Assistant PT 11/21/07 Banks-Strong, Brittney 104843 Senior Administrative Intern PT 06/22/07 Barcenas, Alicia L. 104795 Police Services Dispatcher FT 05/24/07 Barrett 11, William E. 01642 Police Sergeant FT 12/29/07 Benard, Christian F. 104770 Firefighter (Probationary) FT 10/03/07 Bennett, Dawn J. 101806 Clerk Typist Il PT 05/30/07 Bermudez, Jaime 103333 Engineering Intern PT 12/26/07 Boles, Alberta M. 00057 Accounting Assistant FT 07/13/07 Bravo, Artemio 104667 Police Investigative Specialist PT 06/29/07 Calderon, Sally 09454 Customer Service Clerk PT 10/12/07 Canchola, Sara I. 104800 Zoo Keeper I FT 10/10/07 Castillo, Vanessa 08381 Program Coordinator PT 07/13/07 Castro, Nathan S. 104552 Program Leader iI PT 06/15/07 Castro, Nicholas A. 104338 Program Leader I PT 10/03/07 Chamorro, Gustavo A. 100271 Workforce Specialist IV FT 11/16/07 Chang, Unjoo 104401 Senior Office Assistant FT 12/07/07 Childress, Carmen M. 103866 Program Coordinator PT 11/21/07 Cisneros, Ulises 06675 Sr. Tutor PT 07/11/07 Cooper, Ellen I. 04026 Police Services Dispatcher FT 05/23/07 Cordon, Mario R. 100196 Maintenance Aide 11 PT 06/14/07 Corrales, Pedro A. 104809 Police Officer FT 09/13/07 Cortez, Josie A. 103875 Senior Police Records Specialist FT 05/03/07 De La Torre, Jose 105217 Firefighter (Probationary) FT 11/21/07 De Paul, Deborah 104752 Buyer PT 08/10/07 Deakins, Charles S. 00096 Police Lieutenant (RM) FT 10/09/07 Delariva, Baltazar 17998 Police Lieutenant FT 07/02/07 Delariva, Juan Jose 10414 Police Service Officer PT 11/08/07 19C-9 Obsolete Records Destruction Schedule Listing Attachment to the June 24, 2013 City Attorney Memo Employee Name EE Number Classification FT PT PTCS Separation Date Delgadillo, Jeffrey 104623 Park Maintenance Assistant PT 08/10/07 Delisi, Joseph A. 104607 Program Leader I PT 06/11/07 Dinger, Jason R. 03826 Police Officer FT 06/29/07 Dodd, Sherley A. 18814 Office Supervisor FT 06/29/07 Fernandez, Mark 104594 Administrative Intern PT 11/09/07 Firooznam, Shila 104837 Police Cadet PT 07/26/07 Flores, Richard 28617 Police Officer FT 04/05/07 Franco De Arraiza, Esmeralda 104145 Clerical Aide PT 06/08/07 Fullman, Timothy J. 103946 Program Coordinator PT 08/10/07 Gallo, Fortino A. 30250 Police Officer FT 12/30/07 Garcia, Alejandra 104346 Program Leader II PT 08/03/07 Garcia, Elmer 105238 Program Leader II PT 12/07/07 Garcia, Guadalupe 104694, Clerical Assistant PT 09/28/07 Garcia, Lilia 104350 Clerical Aide PT 08/08/07 Garcia, Phillip M. 103816 Fire Chief (EM) FT 06/08/07 Gomez, Darrell J. 31953 Fire Engineer FT 12/29/07 Gonzales, Griselda C. 09538 Clerical Aide PT 12/19/07 Gonzalez, Arturo Jr. 104153 Equipment Services Attendant PT 09/13/07 Gonzalez, Jose 104419 Maintenance Aide II PT 05/23/07 Gonzalez, Jose Jr. 104419 Maintenance Aide II PT 05/23/07 Gonzalez, Miriam J. 105207 Customer Service Clerk PT 11/21/07 Gonzalez, Oscar 104459 Engineering Intern PT 05/29/07 Grant, Andrew T. 32403 Fleet Equipment Supervisor FT 11/14/07 Guadarrama, Juan L. 104826 Program Leader I PT 08/31/07 Guerrero, Ramiro 104927 Firefighter (Probationary) FT 06/06/07 Guillermo, Erick 104582 Engineering Intern PT 12/14/07 Gutierrez, Patricia 10800 Senior Program Leader PT 12/17/07 Guzman, Luis O. 104816 Engineering Intern PT 09/20/07 Guzman, Maritza C. 104908 Senior Clerical Aide PT 05/02/07 Halligan, Molly 104792 Zoo Keeper I FT 10/13/07 Hernandez, David Jr. 105031 Program Leader I PT 08/24/07 Hernandez, Rodolfo 08238 Recreation Program Coordinator FT 06/08/07 Herrera, Refugio Del Carmen 104995 Program Leader I PT 08/24/07 Hilliard, Donald G. Jr. 104952 Library Assistant PT 10/26/07 Hinojoza, Gabriel V. 101842 Clerical Aide PT 12/14/07 Hoard, Denah H. 09295 Assistant City Attorney (MM) FT 08/24/07 Holloway, Jabari C. 104644 Senior Administrative Intern PT 09/19/07 Holtzman, Luke D. 104576 Police Recruit FT 10/31/07 Irwin, Jennifer J. 101189 Telecommunications Customer Service R FT 10/22/07 Jacquez-Nares, Patricia 09979 Senior Deputy Clerk of the Council FT 05/31/07 19C-10 Obsolete Records Destruction Schedule Listing Attachment to the June 24, 2013 City Attorney Memo Employee Name EE Number Classification FT PT PTCS Separation Date Jensen, Franklin P. 46135 Police Captain (RM) FT 12/03/07 Kahapea, Joseph N. 48191 Police Sergeant FT 12/05/07 Kennedy, Donald H. 48854 Fire Captain FT 07/03/07 Klein, Lynnette A. 03807 Police Services Dispatcher PT 07/12/07 Lagaret, Elena 104966 Correctional Officer FT 06/28/07 Lassiter, Maureen C. 01467 Senior Correctional Records Specialist FT 09/21/07 Laurenz, Nelda (Mirta) 100135 Program Coordinator PT 06/13/07 Leamer, Bruce W. 51825 Police Sergeant FT 12/21/07 Lin, Rosa H. 104481 Senior Administrative Intern PT 05/10/07 Loayza, Guisella P. 104737 Data Entry Clerk PT 10/04/07 Lopez, Anabel 105032 Program Leader I PT 08/10/07 Lopez, Cindy 105034 Program Leader I PT 08/24/07 Lopez, Rolando 105016 Police Recruit FT 07/20/07 Macias, Miguel D. 54218 Firefighter FT 04/30/07 Madriles, Veronica 104691 Program Leader I PT 05/08/07 Maldonado, Denise A. 104991 Special Employment Counselor II PT 09/28/07 Maloney, Harold 104438 Management Aide (UC) FT 09/20/07 Martinez, Carlos C. 09141 Correctional Officer FT 07/05/07 Martinez, John V. 54893 Firefighter FT 04/30/07 McClurg, Betty C. 10046 Senior Office Assistant FT 04/10/07 McManus, Eugene 56223 Police Sergeant FT 12/10/07 Millam, Rebeca A. 103901 Computer Technician PT 04/14/07 Morales, Marilyn M. 104912 Program Coordinator PT 07/06/07 Moreno de Mendez, Aide 104650 Program Leader I PT 12/10/07 Moreno, Ana L. 104818 Senior Office Assistant FT 09/05/07 Moreno, Jose J. 104501 Cashier PT 04/22/07 Morra, Dillon Jr. 104554 Engineering Intern PT 05/17/07 Munoz, Estrellita 104599 Police Records Specialist FT 09/24/07 Murillo, Aimee M. 104820 Student Intern PT 06/25/07 Navarro, Orlando A. 104351 Program Leader II PT 11/05/07 Nguyen, Tiffany 105167 Senior Office Assistant FT 09/04/07 Nguyen, Tony 105199 Tutor PT 12/26/07 Nichols, Mark R. 01414 Police Sergeant FT 09/06/07 Nieves, Lance 104278 Correctional Officer FT 10/09/07 Pastrano, Jason 102732 Engineering Intern PT 05/21/07 Pena, Jose 104866 Police Recruit FT 06/18/07 Perdue, Ashly C. 105043 Program Leader II PT 10/22/07 Perez, Alvaro 104360 Engineering Intern PT 04/05/07 Perez, Daniel G. 104773 Firefighter (Probationary) FT 05/24/07 Perez, German 07332 Mail Clerk/Messenger FT 06/29/07 19C-11 Obsolete Records Destruction Schedule Listing Attachment to the June 24, 2013 City Attorney Memo Employee Name EE Number Classification FT PT PTCS Separation Date Phan, Ai Thuy 105143 Police Records Specialist FT 11/19/07 Ponce, Jesus J. Jr. 00626 Lead Accounting Assistant FT 05/22/07 Preciado, Jiovanny 104932 Firefighter (Probationary) FT 12/28/07 Queller, Phillip L. 01688 Police Officer FT 11/30/07 Ramirez, Frank A. 102806 Painter PT 09/04/07 Ramirez, Malia C. 104992 Special Employment Counselor II PT 08/24/07 Ramirez, Rebecca 10715 Customer Service Clerk PT 09/25/07 Ramos, M. Dolores 09264 Management Aide (UC) FT 07/19/07 Rey, Elsa 104879 Senior Program Leader PT 11/21/07 Reyna, David 105178 Clerical Aide PT 10/05/07 Rivera Jr. Ignacio 104551 Police Cadet PT 10/05/07 Rodriguez, Robert 105165 Police Recruit FT 09/11/07 Rosa, Bryan A. 104727 Tutor PT 05/01/07 Rosas, Luis 104933 Firefighter (Probationary) FT 12/26/07 Ruelas, Lizet D. 02472 Senior Program Leader PT 06/21/07 Ruiz, Kevin M. 76161 Police Officer FT 11/30/07 Ruiz, Maria G. 101415 Program Coordinator PT 05/01/07 Salas, Christine J. 09013 Senior Police Records Specialist FT 04/05/07 Sanchez, Nancy 104999 Program Leader I PT 08/10/07 Seifert, Stephanie N. 104296 Program Leader I PT 08/18/07 Shook, Matthew G. 103840 Program Leader II PT 04/01/07 Smith, Kirstin A. 105076 Program Coordinator PT 08/24/07 Soiguine, Fyodor 105000 Engineering Intern PT 09/20/07 Sweet, Constance M. 03154 Associate Zoo Curator FT 05/31/07 Tham, Zenas 104405 Administrative Intern PT 07/11/07 Torres, Arnold 104382 Senior Program Leader PT 12/27/07 Truong, Khuong T. 102805 Housing Specialist II FT 07/31/07 Truong, Thao M. 104621 Graphics Aide PT 12/13/07 Villarreal, Antonio R. 104323 Zoo Keeper Aide FT 04/07/07 Villasenor, Daniel 101333 Water Maintenance Worker II FT 07/27/07 Walker, James R. 00207 Equipment Operator-Water Maintenance FT 05/31/07 Zamora, Yanet V. 101276 Senior Office Assistant PT 12/14/07 Zastrow, William A. 98347 Fire Battalion Chief (MM) FT 07/06/07 19C-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: AUTHORIZE ESTABLISHMENT OF CITY COUNCIL 2013 FIESTAS AD HOC COMMITTEE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the Mayor to establish a City Council 2013 Fiestas Ad Hoc Committee. DISCUSSION In years past, various organizations have organized the Fiestas Patrias downtown festival, the Fiestas Parade, and the Cinco de Mayo event, including the City, and have contracted with a commercial promoter to operate the event. Staff will establish a community participation system to ensure that all stakeholders including the Mexican Consulate, downtown merchants, property owners and civic groups are actively engaged in the planning and implementation of the activities. It is recommended that a Council 2013 Fiestas Ad Hoc Committee be established. The Ad Hoc Committee has served a role where decisions such as the formal approval of parade grand marshal and selection of parade theme are made. The Ad Hoc Committee also helps establish direction as to the development of these important community events. FISCAL IMPACT There is no fiscal impact associated with this request. Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency 19D-1 19D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: CONTRACT RENEWAL WITH ALHAMBRA FOUNDRY CO. FOR MANHOLE FRAMES AND COVERS (SPEC. NO. 11 6) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1" Reading ? Ordinance on 2Id Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Alhambra Foundry Co. for the purchase of manhole frames and covers for a one-year period in an amount not to exceed $40,000. DISCUSSION The Water Resources Division of the Public Works Agency maintains the City's sanitary sewer system consisting of approximately 390 miles of pipelines and 8,500 manholes. Approximately 160 manhole covers are replaced annually due to damage. Alhambra Foundry Co. was the original supplier of the City's manhole frames and covers manufactured according to the 1969 City Standard Plans. As such, parts are not interchangeable with products manufactured by other foundries. The City is therefore required to stock manhole parts supplied by Alhambra Foundry Co. The manhole frames and covers are purchased through the Central Stores warehouse for distribution to water sewer crews to provide readily available custom stock, based on quantity pricing. On April 4, 2011, the City Council awarded a contract to for a one-year period, with provisions for two one-year renewals. Alhambra Foundry Co. has performed satisfactorily during the past contract period; however, the vendor has requested a five percent increase after holding their pricing for two years. Staff recommends the final renewal of the contract. FISCAL IMPACT Funds are available in the Public Works Sanitary Sewer Service account (no. 05617640-63001) and the Water System Maintenance account (no. 06017641-63001). APPROVED AS TO FUNDS AND ACCOUNTS: w r-- Raul Godinez II Executive Direc r Public Works Agency sp Francisco Gutierrez Executive Director Finance & Management Services Agency 22A-1 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: CONTRACT RENEWAL WITH DEE'S SHOES, INC. DBA RED WING SHOE STORE FOR SAFETY SHOES (SPEC. NO. 12-03 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1"Reading ? Ordinance on 2"dReading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Renew the contract with Dee's Shoes, Inc. dba Red Wing Shoe Store for safety shoes for a one year period in an amount not to exceed $30,000. DISCUSSION Employees from various departments require safety shoes while performing job duties. Under the Memorandum of Understanding with the Service Employees International Union, the City agrees to provide a safety shoe allowance per fiscal year to each qualifying employee. The recommended action will allow employees to purchase steel toe safety footwear to comply with the City's safety shoe regulation. On June 4, 2012, the City Council awarded a contract to Dee's Shoe, Inc. dba Red Wing Shoe Store, a Santa Ana vendor, for a one-year period with provisions for two, one-year renewals. Red Wing Shoe Store has performed satisfactorily during the past contract period and has agreed to continue to offer a twenty percent discount off MSRP on all safety shoes. Staff recommends the first renewal of the contract. FISCAL IMPACT Funds are available in the various departmental Miscellaneous Operating Expenses account (no. 63001). Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 1W sp 22B-1 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: CONTRACT AWARD TO INTERBORO PACKAGING CORP. FOR SAFETY GLOVES (SPEC. NO. 13-0 ) ITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on I" Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Interboro Packaging Corp. for the purchase of latex and non-latex safety gloves for a one-year period, with provision for three one-year renewals, in the annual amount not to exceed $40,000. DISCUSSION The Santa Ana Police Department staff utilizes gloves in daily operations including patrol, the forensics laboratory and the jail facility to prevent harmful exposure to chemical and biological materials. Proper personal protective wear including latex and non-latex gloves are essential to protect staff from such exposure. The notice inviting bids was advertised on May 7, 2013, and bids were solicited. A summary of the bid invitations and bids received is as follows: 3 Invitations for Bid mailed 1 Invitation for Bid mailed to a Santa Ana vendor 9 Bids received 1 Bid received from a Santa Ana vendor Bids were received and opened on May 20, 2013 and evaluated (Exhibit 1). The bid received from Interboro Packaging Corp. is responsive to the specifications and meet the City's requirements. 22C-1 Contract Award for Safety Gloves July 1, 2013 Page 2 FISCAL IMPACT Funds are available in the Police Detention Services account (no. 01114475-63001) and Police Criminals Unit account (no. 01114455 63001). APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Acting Chief of Police Police Department EG Francisco Gutierrez Executive Director Finance & Mgt. Services Agency I( K 22C-2 > O O L O 3 M Q O U N Una dy NN u1 LM LM SCt N N N N 00 00 00 00 t Q O C3 O {5 O O C+1 N iV N N N N C4 h "4 M ? R "4 h ? V N N N N N N N 1 N l W 1 w9 b t!a t!1 th u> V). 0 ). tn_ th V tt1 th to th G N u O ? W 6m 4 ry mv Ln 0 `n LrI m Ln m ?". of of v, ? c ci ci c? c v ci of of cJi qi cn trf ,-r , + t i ., t1 tr, ? +.? vk vs en. ? a Co Cl. AA C U 00 O O O ut 0 0 m In to ul Ln 6 q, H fh H of rl e-1 66 ct 6 ';r •7 ci ci IT 6 h 40 h C6 h Qd h ob tP? tn- ts, t4 tr} vl? tA- a*1• tn- tee V)- V). H W) J ? N ? V .wl ? y G V W K STt ST GTt Gh 4P! h h h of m Oti m a? n R h n n rw r1 .-? ti h h r. a J ao w ao Oo to of of 6 u1 u'i ui u 5 in v> us to sn v> tn. tn. to to vs to a m 4U O O d O Q N N N t0 19 10 VD +^I ?-i N .-1 .i r^7 ?-+ .-1 C11 0 rn {51 6q on co ad ` os o; Qi Kti ui ui In un t+? to N} tJ H vs tn. V)k Vk V)? V)l vv toy a 4 M CL w ? VA 4} m ? ? m u It m ° n n r< rl: h n o u eir- t ri- ttA VI. c it tn. t trli Ci 1h C 4 C4 10 4 rn- 10 10 V# tJl 00 N ai to + th c? v Ep v> to ? S N 6 C ,,.. c O 0 0 0 0 0 0 0 0 O O O €? Ql Q5 Ol G1 N N N N Q1 O1 Q1 07 a u 1 0 u i ui d0 Oh 44 t0 u1 ui 0 ui tr> to trs to vh to tts to tts vs ffJ ? Vl VI ? '? -? 3 ", O u1 M 0? M M of Ci? m n m m h h m n O Ln of tT M Q5 an m U 4 a {vi m I i/i m W ? } M m G?i m o ? to V ). tvs to W. tlL tn. 4 th to trs tn. tt?- m a ? at e m 4 a L a W _ J (J vi N A9 N N M Q' ' tEi 4?8 LSO ?1 ei Go W X L ? O p p 01 d ? N N ?py ?y N N N ? y. ti yyy, 4µk,. Q # . O. 6. d E m v a r1 r-1 N m tt Ln tQ h m Cl) ,--1 r-1 N U C 4-- L O C O (6 U O co C co c fQ O r r x W 22C-3 22C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: REJECTION OF BIDS FOR THE FLOWER STREET BIKE TRAIL GAP CLOSURE (PROJECT NO. 122620) C Y NAGER 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 Reject all bids for the Flower Street Bike Gap Closure and authorize rebidding. DISCUSSION The recommended action comes as a result of a bid protest that was made by the No. 2 bidder. Rejecting the bids and re-advertising the project will protect eligibility for federal funding and ensure a fair bidding process. The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24-mile regional trail that meanders through the city, and is part of the OCTA Commuter Bikeways Strategic Plan to provide facilities for biking, jogging, and walking. The Flower Street Bike Trail is adjacent to local elementary, intermediate, and high schools; South Coast Metro Arts and Entertainment District; South Coast Plaza; and Metro Pointe Shopping Center. OCTA has authorized federal Transportation Enhancement funding for up to $500,000 and the State Recreation Trail Program approved funding in the amount of $550,000. The combination of these funds is designated for transportation projects to integrate various modes of transportation facilities into our community. This project consists of installing a 10-foot-wide asphalt bicycle trail, irrigation, and landscaping along the flood channel that runs parallel to Flower Street from MacArthur to Sunflower, as shown in Exhibit 1. The design of the improvements has been completed and it is ready to be constructed. A Notice Inviting Bids was advertised on March 15 &16, 2013, and construction bids were opened on May 14, 2013. The following is a summary of the bids received: 23A-1 Contract Award for the Flower Street Bike Trail Gap Closure July 1, 2013 Page 2 Bid Results Summary RANK BIDDER NAMES LOCATION BASE BID 1 KASA Construction, Inc. Ontario $927,942.50 2 Diversified Landscape Management, Inc. Corona $948,385.04 3 GMC Engineering, Inc. Tustin $970,000.00 4 YAKAR San Dimas $1,036,706.75 5 Excel Paving Company Long Beach $1,073,862.40 6 Vido Samarzich, Inc. Alta Loma $1,131,012.00 7 Patriot Contracting & Engineering, Inc. Yorba Linda $1,227,312.00 8 Coppertop Enterprises, Inc. Costa Mesa $1,441,601.11 A total of eight bids were received. The lowest bid was submitted by KASA Construction, Inc., (KASA) for $927,942.50, which compares favorably with the Engineer's Estimate of $1,028,100. Following the bid opening, the second low bidder, Diversified Landscape Management, Inc., (DLMI) protested the bids, asserting that the apparent low bidder failed to comply with the Federal-Aid requirements and should be disqualified, effectively making DLMI the low bidder. City staff and Caltrans, the agency responsible for administering federal funds document review and determined that the documents could be questioned an jeopardize the federal funding. Consequently, to avoid any potential funding recommending that the City reject all bids and re-advertise the project. documents have been revised to clarify Federal-Aid requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Raul Godinez Il, IV. Executive Director Public Works Agency RG/ET Exhibit: 1. Project Location Map , conducted a joint d could, therefore, ineligibility, staff is The project bid 23A-2 Description: Flower Street Bike Trail Gap Closure - Construction of a 10-foot-wide by one-half-mile-long asphalt bicycle trail, including landscaping, irrigation, security lighting, wrought iron fencing, and trailhead plaza. J= SUNFLOWER ST MACARTHUR EXHIBIT 1 cmr COUNCIL PROJECT RPSTPLE: 5063 (143) 12-2620 ¦ AGENDA DATE: FLOWER STREET BIKE TRAIL GAP CLOSURE u JUNE 3, 2013 SUNFLOWER TO MACARTHUR ?N ORANC 2 0 eC0 3 G z Of PAGE 1 OF 1 23A-3 23A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: AGREEMENT AMENDMENT WITH THE LIBRARY CORPORATION FOR LIBRARY AUTOMATION SYSTEM -MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an amendment with The Library Corporation, Inc. to provide database subscription service and maintenance in an amount not to exceed $36,059, for a one year term, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION TLC provides the Library with a web-based client server that manages library accounts and maintains an inventory of books in-stock and circulating. The software allows patrons to search the catalog in- house from a Library computer, or remotely through an Internet connection. The software includes a report module that prints a variety of information, including circulation statistics and the number of titles in each collection. The acquisition module helps manage the book budget for each collection and provides a quick and efficient way to search for new titles, process orders, and catalog items being added to the collection. The service includes 24-hour telephone and online support, licensed software updates, staff training, online access to cataloging resources, and enhanced content databases. The agreement is for the period of July 2013 through June 2014 in the amount not to exceed $36,059. FISCAL IMPACT Funds are available in the Library's Technology & Support Services account (01111190 62300). L Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUND AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 1W 25A-1 25A-2 EIGHTH AMENDMENT TO AGREEMENT THIS EIGHTH AMENDMENT TO AGREEMENT ("Amendment") made and entered into this day of June, 2013, by and between The Library Corporation, Inc., a corporation organized under the laws of the State of Maryland, ("TLC") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California ("City"). RECITALS: A. On December 3, 2001, the parties entered into Agreement # A-2001-238, by which TLC has provided a library automation system for City including the database subscription services and maintenance. The Agreement was extended and amended by Agreement Nos. A-2001-238, A-2003-111, A-2004-191, A2005-269, A-2007-229, A- 2008-267, N-2009-107, and A-2010-96. B. In order to provide continuous uninterrupted service, the Parties now desire to extend and amend the Agreement to increase the compensation to pay for an additional one-year database subscription service in an amount not to exceed $36,059.00. WHEREFORE, in consideration of their mutual and respective promises, and subject to the terms and conditions of the Agreement as hereby amended, the parties hereby agree as follows: 1. The compensation for the Agreement shall be increased by an additional $36,059.00 to pay for database subscription services and maintenance for the term through June 30, 2014. 2. Except as hereinabove modified, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Eighth Amendment to Agreement the date and year first above written ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA: KEVIN O'ROURKE Interim City Manager The Library Corporation, Inc., By: Calvin Whittington Director of Finance 25A-3 25A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: AGREEMENT AMENDMENT WITH VISTA DEL VERDE FOR LANDSCAPE MAINTENANCE SERVICES IN DISTRICT THREE PARK SITES CIT NAGER 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 Authorize the City Manager and Clerk of the Council to execute an agreement amendment with Vista Del Verde Landscape, Inc. to provide landscape maintenance services for a seven-month term in District 3 park sites in the amount of $372,453.69, with a 10% contingency for unanticipated work in the amount of $37,245.37 for a total not to exceed amount of $409,699.06, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the landscape maintenance of all City parks and recreational facilities. The landscape maintenance in city parks is divided into four districts plus the Civic Center. The contract with Vista Del Verde to provide services for District 3 expires on June 30, 2013. To extend their contract Vista Del Verde requested an increase in rates. Vista Del Verde was notified this was not acceptable and the City will be releasing a new Request for Proposal (RFP). As the RFP is being prepared Vista Del Verde is willing to continue their contract under the existing terms for seven months at no rate increase. Vista Del Verde has performed well and staff is pleased with their overall performance. The term of the agreement amendment is from July 1, 2013 through January 31, 2014 for a base agreement amount of $372,453.69. The amendment includes a 10% contingency in the amount of $37,245.37 for unanticipated and emergency work. The total agreement amount is for a not to exceed amount of $409,699.06. FISCAL IMPACT Funds are available in the Park Maintenance M&R Buildings and Grounds account (no. 01113250 62320). 25B-1 RFCA-Agmt Amendment Vista Del Verde July 1, 2013 Page 2 of 2 Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: e Francisco Gutierrez, Executive Director Finance and Management Services Agency 1M 25B-2 SECOND AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between Vista del Verde Landscape, Inc., a California corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement # A-2012-113, dated June 4, 2012, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance services for City properties located in Santa Ana's District 3. B. The current Agreement is scheduled to terminate on June 30, 2013. Contractor's proposal to extend this Agreement under a new reduced scope was not acceptable. A Request for Proposal will be released for District 3. C. To allow City time to release an RFP, Contractor has agreed to provide landscape maintenance services to District 3 pursuant to the Agreement through January 31, 2014. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed Three Hundred Seventy-Two Thousand Four Hundred Fifty-Three Dollars and Sixty- Nine Cents ($372,453.69), plus a ten percent (10%) contingency for unanticipated and emergency work, for a total not to exceed Four Hundred Nine Thousand Six Hundred Ninety- Nine Dollars and Six Cents ($409,699.06) during the term of this Agreement." 2. Section 4, TERM, shall be delete in its entirety and replaced with the following: "The Agreement shall commence on July 1, 2013 and terminate on January 31, 2014 unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. The Agreement is made pending the issuance of a Request for Proposals (RFP) and may not be renewed by either party." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// 25B-3 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LISA STORCK Assistant City Attorney CITY OF SANTA ANA KEVIN O'ROURKE Interim City Manager VISTA DEL VERDE LANDSCAPE, INC. ROBERT S. JOHNSON President 25B-4 ti n J G o fd c a 0 a `u arc `v a Q O d N N 7 f0 y a m m Or! O ? C. y O CL c i v a1 + N a c 4) o V U J+ M c a 3 41 cr a c a E 9t b a r 'iJ t r ro +' m w V 7 .0 1 p U a a.5 n O a a a m a` IE E rx in C U to U Ln Y1 -Cy .z c a N s m ? •a C a y o CL h u E m w 0 a c C c m o ° o ?o c 'Ci o a ro -o v c m a N m 41 O C. 0 Y E m 0 6. IA O 7 a E E 0 U : a a u C O 0 Q, U u d N E ? L E o }' u u u „tea, c m a U A ._., w 4v pW w N O N 0 0 N %0 O eft 0 ° em rn 0 M O q 1 01 N r" u 1 V1 %D v-i Ln W {!1 Ln r v W 5 G e a C CY w 10 "a -4 fl i m m 0 N 40 G ? Q O oe W M M V 'i. m m v r, ti m n M W v W .r Nt O r` 01 -1 M M NN M G O to W W M Ln 0 M E 0 0 M N 0 co "' -1 M M O M u t C ? 01 e V1 W? W a N 1 r? M N M LA O ~ + ' M M M M M M m M M M D O 01 NC; 10 N N N Q M a W W o ro Q d ? Y Y 1., c "- 3 ai IT Z ?- °: Q c 3 H c X ° Y 0 m c '0 •O W o o a Y M m E Q t 3 •a m a E c z dam°uo r W N M - %p c) I c C d a .n .n a c • r`o V ? a c E m v -a c c fu M a m c c ., V t U r Y_ a CU A aLu m 0. 0 0 a ? o c A ? c v ? c 3 f0 ? o LL ,c a Y_ o E 4 B co Q r c c M a? a cu ? U C ` r ? ?i 3 in x _C 8 LL 0 W a 4A REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: AGREEMENT AMENDMENT WITH MIDORI GARDENS FOR LANDSCAPE MAINTENANCE SERVICES IN THE DISTRICT A (CIVIC ENTER) AND DISTRICT FOUR / z`*-1 ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15f Reading ? Ordinance on 2" d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute: 1) A 12-month agreement amendment with Midori Gardens to provide landscape maintenance services in District A (Civic Center) in the amount of $222,252.00 with a 14% contingency for unanticipated work for a total not to exceed amount of $253,367.28. 2) A one-month agreement extension on District 4, in the amount of $59,113.00 with a 10% contingency for unanticipated work for a total not to exceed amount of $65,024.30, for a total agreement amount of $318,391.58, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency is responsible for the landscape maintenance of all City parks and recreational facilities. The landscape maintenance is divided into 4 park districts and the Civic Center. District 4 and Civic Center contract with Midori Gardens expires on June 30, 2013. Proposals to maintain District 4 is being reviewed and is scheduled for City Council approval in July. A one month extension is needed on Midori's contract until the new contractor is selected and approved. The Civic Center contract with Midori Gardens is approved with four additional one year extensions. This is the second extension with Midori Gardens. They are doing excellent work in the Civic Center and responds in a timely manner on special assignments. The term of the Civic Center contract is for 12 months, from July 1, 2013 through June 30, 2014. The base agreement amount is $222,252.00 with a 14% contingency for unanticipated and emergency work in the amount of 31,115.28, for a total not to exceed amount of $253,367.28. The extension on District 4 contract is for one month through July 30, 2013 with no change on the monthly base amount of $59,113.00 and a 10% contingency for unanticipated work in the amount of $5,911.30 for a total amount of $65,024.30. 25C-1 RFCA - Agmt Amendment with Midori Gardens June 17, 2013 Page 2 of 2 FISCAL IMPACT Funds are available in the Civic Center M&R account (no. 07413250 62320) and the Park Maintenance M&R Buildings and Grounds account (no. 01113250 62320). APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Francisco Gutierrez, Executive Director Finance and Management Services Agency _T1M 25C-2 SECOND AMENDMENT TO LANDSCAPE MAINTENANCE AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on July 1, 2013, by and between Midori Gardens, Inc., a California corporation (hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement (# A-2011-151) dated June 6, 2011, (hereinafter "said Agreement") by which Contractor has provided landscape maintenance services for City properties located in Santa Ana's District A (Civic Center). B. Contractor has also been performing landscape maintenance for District 4 pursuant to the terms of the First Amendment to Agreement (#A-2012-114) dated June 4, 2012, while the City sought competitive bids to provide those services for an extended term. Contractor has agreed to provide such maintenance for District 4 through June 30, 2013. C. The City has received proposals in response to its Request for Proposals that was issued on May 15, 2013. Such proposals are being reviewed and evaluated, and the award for the landscaping maintenance agreement for District 4 is scheduled for City Council approval in July. D. The parties wish to amend said Agreement to extend the term of said Agreement as to District A for one year, and as to District 4, extend the term for one month and to provide compensation for such services provided during these extended terms. WHEREFORE, in consideration of the covenants contained in said Agreement as amended, and subject to alf the terms and conditions of said Agreement, except those amended in this Second Amendment to Agreement, the parties agree as follows: 1. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit C, and incorporated by reference. (i) The total sum to be expended under said Agreement for District A shall not exceed Two Hundred Fifty-Three Thousand Three Hundred Sixty-Seven Dollars and Twenty Eight Cents ($253,367.28) during the one year extended term of the Agreement. Said total expenditure includes Two Hundred Twenty-Two Thousand Two Hundred Fifty- Two Dollars ($222,252.00) plus a fourteen percent (14%) contingency of $31,115.28 for unanticipated work required in District A. (ii) The total sum to be expended sum to be expended under said Agreement for District 4 shall not exceed Sixty-Five Thousand Twenty Four Dollars and Thirty Cents ($65,024.30) during the one month extended term of the Agreement. Said total expenditure includes Fifty-Nine Thousand One Hundred Thirteen Dollars ($59,113.00) 25C-3 with a ten percent (10%) contingency of $5,911.30 for unanticipated work required in District 4." Section 4, TERM, shall be deleted in its entirety and replaced with the following: "a. As to District A: this Agreement shall commence on July 1, 2013 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement for maintenance of District A may be renewed for up to two (2) additional one-year terms on the mutual agreement of the parties. b. As to District 4: this Agreement shall commence on July 1, 2013 and terminate on July 30, 2013, unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement for maintenance of District 4 may not be renewed." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Landscape Maintenance 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 KEVIN O'ROURKE Interim City Manager MIDORI GARDENS INC. NAGA HAMAMOTO President 25C-4 EXHIBIT C FEE SCHEDULE 25C-5 4 j n ? c f CL N A D 0 1 0 d ? d 00 ? w. CL D CL. d ? ro N rt d o> 3 v Q T z ? A A y ^ -' j Ccr O. i 3 N w a 5 D d ? O O. 5 T O_ 1 m ! w m ? A m O' A ID y y, 4 O n sm N A w a w d w D w ? 7 ? A ? a o- o ° N ^ N ? Y 1 I M N Y n A W Y N Y O lC 00 V 01 N P W N ?'+ ? W Y • ? Q v? d n CL d^ w m D 3 a?i m m c a a A c N u 3 4. a n A o c D a a a a 7 g A 0 ,? o 4 ?, A 6- I t m cr r !D -? w fl C; 'r A D CT A 1 43 a• n O' b ° c f 30 cu A eD A ? O A O ° a CL D ? Ro 3 w A 3 G ? A O ?' t!f 0 0 0 Q O ?? ?'' O O A }O O v O N G lA M O in W, Ln S S. IQJI O p O N N O .• O O V O D D A A A A A A A A A P A A A? A A w ? ? W Y lJ1 d A W 1 Y N W N N N Y V1 N V O 0 N w V W W 1••? N 1"'? 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M w a+Onr 4+ ?0, CD rn V ? l0 O A O $ c o O S S O O S 0 0 S S O 25C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: AGREEMENT FOR GRANICUS SOFTWARE AND HARDWARE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 sc Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Granicus Inc. and proceed with acquisition of the software, hardware, training, installation and implementation of the Granicus solution to provide webcasting services in an amount of $34,132 which includes $15,400 in one-time cost, for an 18-month period to automatically renew for an additional three terms of one year each, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 2, 2007, the City Council approved a contract for services with Granicus, Inc., however the contract was never executed because of the City's foreseen financial challenges. In 2010, the City started archiving Council meeting videos for review and replay by staff and the public. This process has not been the most effective and efficient way to access City Council meetings. The current process is time consuming because (1) meetings are not broadcast live and cannot be searched on line, and (2) video has to be manually uploaded to the City's server. By contracting with Granicus, City staff and the public will see immediate improvements in being able to review City council meetings. Implementation of the Granicus Open Platform Suite will streamline workflow and provide a cloud-based foundation for the City to manage and store an unlimited amount of public meeting data. It will also achieve greater transparency, accountability, public information accessibility, and allow the City to add a paperless agenda process feature at a later time. Based on review of other vendors as well as discussions with other agencies who utilize Granicus, we are recommending the solution outlined below: • Encoding Appliance - provides live and on-demand webcasting of public meetings, accessible via internet and mobile devices. 25D-1 Agreement for Granicus Software and Hardware July 1, 2013 Page 2 • Government Transparency Suite - allows the City to achieve paperless agendas through a website with complete searchable access to all public meeting information; also provides an iPad application for Council members with the option for note-taking, links to materials and past meeting videos. • Meeting Efficiency Suite - automates the capture and production of meeting minutes during a live meeting including roll call, agenda items, speakers, motions, votes and notes. Additional benefits include: o Built-in reports and analytics on visitor trends o Ability to view meeting webcast on Android and IOS mobile devices o Viewers can jump to any topic on a video through index points o Quickly locate agenda material including minutes, ordinances and resolutions, or video related to a specific topic. Item Units One-time Monthly Open Platform costs 1 $0.00 $274.00 Government Transparency Suite 1 $0.00 $425.00 Encoding Appliance - Unified Encoder 2 $8,950.00 $200.00 Shipping 2 $250.00 $0.00 Meeting Efficiency Suite 1 $6,200.00 $875.00 TOTAL $15,400.00 $1,774.00 Promotion BOG013: Buy Any Suite, Get More Suites (of 561.50/month for the $1 Equal or Lesser Value) for 50% off Monthly Managed Service , first 12 months Fees for the first 12 months. See Pricing Terms for details. FISCAL IMPACT Funding for the initial outlay and monthly service fees in the total amount of $34,132 are available in the Clerk of the Council Contractual Services account (no. 01107031-62300.) APPROVED AS TO FUNDS AND ACCOUNT: r' Maria D. Huizar, /_?9CIerk of the Council Francisco Gutierrez, Executive Director Finance and Management Services Agency _TNI 25D-2 _ . GRANICUS, INC. SERVICE AGREEMENT THIS SERVICE AGREEMENT (the "Agreement"), dated as of June 19, 2013 (the "Effective Date"), is entered into between Granicus, Inc. ("Granicus"), a California Corporation, and The City of Santa Ana (the "Client"). A. WHEREAS, Granicus is in the business of developing, licensing, and offering for sale various streaming media solutions specializing in Internet broadcasting, and related support services; and B. WHEREAS, Granicus desires to provide and Client desires to (i) purchase the Granicus Solution as set forth in the Proposal, which is attached as Exhibit A, and incorporated herein by reference, (ii) engage Granicus to integrate its Granicus Software onto the Client Website, (iii) use the Granicus Software subject to the terms and conditions set forth in this Agreement, and (iv) contract with Granicus to administer the Granicus Solution through the Managed Services set forth in Exhibit A. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, covenants, representations and warranties herein contained, the parties hereto agree as follows: GRANICUS SOFTWARE AND MANAGED SERVICES. 1.1 Software and Services. Subject to the terms and conditions of this Agreement, Granicus will provide Client with the Granicus Software, and Managed Services that comprise the Granicus Solution as outlined in Exhibit A. "Managed Services" shall mean the services provided by Granicus to Client as detailed in Exhibit A. "Managed Services Fee" shall mean the monthly cost of the Managed Services, as detailed in Exhibit A. 2. GRANT OF LICENSE. 2.1 Ownership. Granicus, and/or its third party supplier, owns the copyright and/or certain proprietary information protectable by law in the Granicus Software. 2.2 Use. Granicus agrees to provide Client with a revocable, non-transferable and non-exclusive license to access the Granicus Software listed in the Solution Description and a revocable, non-sublicensable, non-transferable and non-exclusive right to use the Granicus Software. All Granicus Software is proprietary to Granicus and protected by intellectual property laws and international intellectual property treaties. Pursuant to this Agreement, Client may use the Granicus Software to perform its own work and work of its customers/constituents. Cancellation of the Client's Managed Services will also result in the immediate termination of the Client's Software license as described in Section 2.2 hereof. 2.3 Limited Warranty, Exclusive Remedies. Subject to Sections 6.1 and 6.2 of this Agreement, Granicus warrants that the Granicus Software, as provided by Granicus, will substantially perform in accordance with its applicable written specifications for as long as the Client pays for and receives Managed Services. Client's sole and exclusive remedy for any breach by Granicus of this warranty is to notify Granicus, with sufficient detail of the nonconformance, and provide Granicus with a reasonable opportunity to correct or replace the defective Granicus Software. Client agrees to comply with Granicus' reasonable instructions with respect to the alleged defective Granicus Software. -_--_ Page 1 25D-3 2.4 Limitations. Except for the license in Section 2.2, Granicus retains all ownership and proprietary rights in and to the Granicus Software, and Client is not permitted, and will not assist or permit a third party, to: (a) utilize the Granicus Software in the capacity of a service bureau or on a time share basis; (b) reverse engineer, decompile or otherwise attempt to derive source code from the Granicus Software; (c) provide, disclose, or otherwise make available the Granicus Software, or copies thereof, to any third party; or (d) share, loan, or otherwise allow another Meeting Body, in or outside its jurisdiction, to use the Granicus Software, or copies thereof, except as expressly outlined in the Proposal. 3. PAYMENT OF FEES 3.1 Client agrees to pay all costs as outlined in Exhibit A. 3.2 Fifty percent (50%) of all up-front fees are due upon Granicus' receipt of a purchase order. The remaining fifty percent (50%) of up-front fees are due upon completion of deployment. Quarterly billing for Managed Services shall begin upon completion of deployment. Client will be invoiced a pro-rated amount from the deployment completion date through the end of the quarter. Thereafter, Client will be billed each January 1, April 1, July 1, and October 1. Client agrees to pay all invoices from Granicus within thirty (30) days of receipt of invoice. 3.3 Granicus, Inc. shall send all invoices to: Name: Maria D. Huizar Title: Clerk of the Council Address: City of Santa Ana P O Box 1988, M-20 Santa Ana, CA 92701 3.4 Upon renewal of this Agreement, Granicus may include (in which case Client agrees to pay) a maximum increase of the current CPI percentage rate (as found at The Bureau of Labor and Statistics website ) or three (3) percent a year on Client's Managed Services Fee, whichever is larger. 3.5 Training Cancellation Policies. Granicus' policies on Client cancellation of scheduled trainings are as follows: (a) Onsite Training. For any cancellations within forty-eight (48) hours of the scheduled onsite training, Granicus, at its sole discretion, may invoice the Client for one hundred (100) percent of the purchased training costs and all travel expenses, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. (b) Online Training. For any cancellations within twenty-four (24) hours of the scheduled online training, Granicus, at its sole discretion, may invoice the Client for fifty (50) percent of the purchased training costs, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. 3.6 Additions. Granicus, at its' sole discretion, may add features or functionality to existing product suite bundles for various reasons, including to enhance Granicus' offerings, or --- Page 2 25D-4 improve user satisfaction. During the initial period of this Agreement, the customer understands that the use of these additional products is included in the originally agreed upon monthly managed services fees. At contract renewal, the customer acknowledges that this added functionality may have additional monthly managed service charges associated with it and that monthly managed services rates on renewals may have a higher rate than preceding years. 4. CONTENT PROVIDED TO GRANICUS 4.1 Responsibility for Content. The Client shall have sole control and responsibility over the determination of which data and information shall be included in the Content that is to be transmitted, including, if applicable, the determination of which cameras and microphones shall be operational at any particular time and at any particular location. However, Granicus has the right (but not the obligation) to remove any Content that Granicus believes violates any applicable law or this Agreement. 4.2 Restrictions. Client shall not provide Granicus with any Content that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii) violates. any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control and e-mail/spam; (iii) is defamatory or trade libelous; (iv) is pornographic or obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes unlawful content or activity; (v) contains any viruses, or any other similar software, data, or programs that may damage, detrimentally interfere with, intercept, or expropriate any system, data, information, or property of another. 5. TRADEMARK OWNERSHIP. Granicus and Client's Trademarks are listed in the Trademark Information exhibit attached as Exhibit D. 5.1 Each Party shall retain all right, title and interest in and to their own Trademarks, including any goodwill associated therewith, subject to the limited license granted to the Client pursuant to Section 2 hereof. Upon any termination of this Agreement, each Party's right to use the other Party's Trademarks pursuant to this Section 5 terminates. 5.2 Each party grants to the other a non-exclusive, non-transferable (other than as provided in Section 5 hereof), limited license to use the other party's Trademarks as is reasonably necessary to perform its obligations under this Agreement, provided that any promotional materials containing the other party's trademarks shall be subject to the prior written approval of such other party, which approval shall not be unreasonably withheld. 6. LIMITATION OF LIABILITY 6.1 WarrantDisclaimer. Except as expressly provided herein, Granicus' services, software and deliverables are provided "as is" and Granicus expressly disclaims any and all express or implied warranties, including but not limited to implied warranties of merchantability, non- infringement of third party rights, and fitness for a particular purpose. Granicus does not warrant that access to or use of its software or services will be uninterrupted or error free. In the event of any interruption, Granicus' sole obligation shall be to use commercially reasonable efforts to restore access. 6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law, ---- Page 3 25D-5 Granicus and its suppliers and licensors shall not be liable for any indirect, special, incidental, consequential, or punitive damages, whether foreseeable or not, including but not limited to: those arising out of access to or inability to access the services, software, content, or related technical support; damages or costs relating to the loss of. profits or revenues, goodwill, data (including loss of use or of data, loss or inaccuracy or corruption of data); or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages and even in the event of the failure of any exclusive remedy. 6.3 Insurance. Prior to undertaking performance of work under this Agreement, Granicus shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: (a) Commercial General Liability Insurance. Granicus shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Granicus' 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. Granicus shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit F. (b) Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Granicus, if Granicus has any employees, it 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, Granicus agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. (c) The following requirements apply to the insurance to be provided by Granicus pursuant to this section: (i) Granicus 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. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (d) If Granicus 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. CONFIDENTIAL INFORMATION & OWNERSHIP. 7.1 Confidentiality Obligations. Confidential Information shall mean all proprietary or confidential information disclosed or made available by the other party pursuant to this Agreement -- - Page 4 25D-6 that is identified as confidential or proprietary at the time of disclosure or is of a nature that should reasonably be considered to be confidential, and includes but is not limited to the terms and conditions of this Agreement, and all business, technical and other information (including without limitation, all product, services, financial, marketing, engineering, research and development information, product specifications, technical data, data sheets, software, inventions, processes, training manuals, know-how and any other information or material), disclosed from time to time by the disclosing party to the receiving party, directly or indirectly in any mariner whatsoever (including without limitation, in writing, orally, electronically, or by inspection); provided, however, that Confidential Information shall not include the Content that is to be published on the website(s) of Client. 7.2 Each party agrees to keep confidential and not disclose to any third party, and to use only for purposes of performing or as otherwise permitted under this Agreement, any Confidential Information. The receiving party shall protect the Confidential Information using measures similar to those it takes to protect its own confidential and proprietary information of a similar nature but not less than reasonable measures. Each party agrees not to disclose the Confidential Information to any of its Representatives except those who are required to have the Confidential Information in connection with this Agreement and then only if such Representative is either subject to a written confidentiality agreement or otherwise subject to fiduciary obligations of confidentiality that cover the confidential treatment of the Confidential Information. 7.3 Exceptions. The obligations of this Section 7 shall not apply if receiving party can prove by appropriate documentation that such Confidential Information (i) was known to the receiving party as shown by the receiving party's files at the time of disclosure thereof, (ii) was already in the public domain at the time of the disclosure thereof, (iii) entered the public domain through no action of the receiving party subsequent to the time of the disclosure thereof, or (iv) is required by law or government order to be disclosed by the receiving party, provided that the receiving party shall (i) notify the disclosing party in writing of such required disclosure as soon as reasonably possible prior to such disclosure, (ii) use its commercially reasonable efforts at its expense to cause such disclosed Confidential Information to be treated by such governmental authority as trade secrets and as confidential. 8. TERM 8.1 The term of this Agreement shall commence on the date hereof and shall continue in full force and effect for eighteen (18) months after the date hereof. This Agreement shall automatically renew for an additional three (3) terms of one (1) year each, unless either party notifies the other in writing at least thirty (30) days prior to such automatic renewal that the party does not wish to renew this Agreement. 8.2 Rights Upon Termination. Upon any expiration or termination of this Agreement, and unless otherwise expressly provided in an exhibit to this Agreement: (a) Client's right to access or use the Granicus Solution, including Granicus Software, terminates and Granicus has no further obligation to provide any services; 8.3 Client has the right to keep any purchased hardware, provided that Client removes and/or uninstalls any Granicus Software on such hardware. However, if Client has received hardware as part of a Granicus Open Platform Suite solution ("Open Platform Hardware"), Client understands that upon termination of this Agreement, Client shall immediately return the Open Platform Hardware to Granicus, Inc. The Open Platform Hardware must be returned within thirty ---- Page 5 25D-7 (30) days of termination, and must be in substantially the same condition as when originally shipped, subject only to normal wear and tear; andObliaations Upon Termination. Upon any termination of this Agreement, (a) the parties shall remain responsible for any payments that have become due and owing up to the effective date of termination; (b) the provisions of 2.1, 2.4, 3, 4, 5, 6.1, 6.2, 7, 8.3, and 10 of the agreement, and applicable provisions of the Exhibits intended to survive, shall survive termination of this Agreement and continue in full force and effect; (c) pursuant to the Termination or Expiration Options Regarding Content, Granicus shall allow the Client limited access to the Client's Content, including, but not limited to, all video recordings, timestamps, indices, and cross-referenced documentation. The Client shall also have the option to order hard copies of the Content in the form of compact discs or other equivalent format; and (d) Granicus has the right to delete Content within ninety (90) days of the expiration or termination of this Agreement. 9. PATENT, COPYRIGHT AND TRADE SECRET INFRINGEMENT 9.1 Granicus' Options. If the Granicus Software becomes, or in Granicus' opinion is likely to become, the subject of an infringement claim, Granicus may, at its option and sole discretion, (i) obtain for Client the right to continue to use the Granicus Software as provided in this Agreement; (ii) replace the Granicus Software with another software product that provides similar functionality; or (iii) if Granicus determines that neither of the foregoing options are reasonably available, Granicus may cease providing the applicable services or require that Client cease use of and destroy the Granicus Software. In that event, and provided that Client returns or destroys (and certify to such destruction of) all copies of the Granicus Software in Client's possession or control, if any, Granicus will refund to Client all license fees paid by Client under the current Agreement. 10. MISCELLANEOUS. 10.1 Amendment and Waiver. This Agreement may be amended, modified, waived or canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the party waiving compliance. Any failure by either party to strictly enforce any provision of this Agreement wilt not be a waiver of that provision or any further default. 10.2 Govemine Law. The laws of the State of California shall govern the validity, construction, and performance of this Agreement, without regard to its conflict of law principles. 10.3 Construction and Seyerability. Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect. 10.4 Independent Contractors. The parties are independent contractors, and no other relationship is intended by this Agreement. Page b 25D-8 10.5 Force Majeure. Other than payment obligations, neither party is responsible for any delay or failure in performance if caused by any event outside the reasonable control of the party, including without limitation acts of God, government regulations, shortage of supplies, act of war, act of terrorism, earthquake, or electrical, internet or telecommunications outage. 10.6 Closed Captioning Services. Client and Granicus may agree that closed captioning or transcription services will be provided by a third party under this agreement. In such case, Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such independent third party. [The remainder of this page left blank intentionally] Page 7 25D-9 This Agreement consists of this Service Agreement as well as the following exhibits, which are incorporated herein by reference as indicated: Exhibit A: Proposal Exhibit B: Support Information Exhibit C: Hardware Exhibit Exhibit D: Trademark Information Exhibit E: Termination or Expiration Options Regarding Content Exhibit F: Additional Insured Endorsement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, GRANICUS„ INC. y By: A r -r Tom S ngler Its: Chief Executive Officer Address: 600 Harrison St, Suite 120 San Francisco, CA 94107 CITY OF SANTA ANA Kevin O'Rourke Interim City Manager _ Date: APPROVED TO FORM: o Sandoval ief Assistant City Attorney ATTEST: Maria D. Huizar, Clerk of the Council .-..--- Page 8 -- 25D-10 This Agreement consists of this Service Agreement as well as the following exhibits, which are incorporated herein by reference as indicated: Exhibit A: Proposal Exhibit B: Support Information Exhibit C: Hardware Exhibit Exhibit D: Trademark Information Exhibit E: Termination or Expiration Options Regarding Content IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, GRANICUS, V.C:='" By: Tom Spengler Its: Chief Executive Officer Address: 600 Harrison St, Suite 120 San Francisco, CA 94107 CITY OF SANTA ANA Name-. lc. ' Its; Interim l.. Vjana pr' Date: ATTEST: / Maria D:1 izar. Cleric of-thgfoMpgil Page 7 25D-11 EXHIBIT A PROPOSAL [The remainder of this page is left blank intentionally.] - -- Page 9 -- 25D-12 EXHIBIT B SUPPORT INFORMATION 1. Contact Information. The support staff at Granicus may be contacted by the Client at its mailing address, general and support-only telephone numbers, and via e-mail or the Internet. (a) Mailing Address. Mail may be sent to the support staff at Granicus headquarters, located at 600 Harrison Street, Suite 120, San Francisco, California, 94107. (b) Telephone Numbers. Office staff may be reached from 8:00 AM to 7:00 PM Pacific time at (415) 357-3618 or toll-free at (877) 889-5495. The technical support staff may be reached at (415) 357-3618 opt 1. V iii! 7 dpu Ji ,jj ?• r:iar?; 1,-,! !l;J, :fir 2. Recognized Client Representatives. Granicus strives to provide unparalleled support to its Clients by ensuring that Client staff is properly educated and is prepared to maximize its Granicus Solution. Any Client Representative who wishes to participate and receive Granicus customer advocacy services shall participate in and complete the training program that is suited for the Granicus Solution. Once a Client Representative completes the training, that Representative will be recognized in Granicus' internal system as qualified to receive support and ongoing education services. All Client Representatives are eligible to receive technical support services, regardless of participation in the training program. 3. Support Policy. When Granicus receives notification of an issue from Client, a Granicus account manager or technical support engineer will respond directly to the Client via phone or e-mail with (a) an assessment of the issue, (b) an estimated time for resolution, and (c) will be actively working to resolve the issue as appropriate for the type of issue. Notification shall be the documented time that Granicus receives the Client's call or e-mail notifying Granicus of an issue or the documented time that Granicus notifies Client there is an issue. Granicus reserves the right to modify its support and maintenance policies, as applicable to its customers and licensees generally, from time to time, upon reasonable notice. 4. Scheduled Maintenance. Scheduled maintenance of the Granicus Solution will not be counted as downtime. Granicus will clearly post that the site is down for maintenance and the expected duration of the maintenance. Granicus will provide the Client with at least two (2) days prior notice for any scheduled maintenance. All system maintenance will only be performed during these times, except in the case of an emergency, In the case that emergency maintenance is required, the Client will be provided as much advance notice, if any, as possible under the circumstances. 5. Software Enhancements or Modifications The Client may, from time to time, request that Granicus incorporate certain features, enhancements or modifications into the licensed Granicus Software. Subject to the terms and conditions to this exhibit and the Service Agreement, Granicus and Client will use commercially reasonable efforts to perform all tasks in the Statement of Work ("SOW'). Upon the Client's request for such enhancements/modifications, the Client shall prepare a SOW for the specific project that shall define in detail the Services to be performed. Each such SOW signed by both parties is deemed incorporated in this exhibit by reference. Granicus shall submit a cost proposal including all costs pertaining to furnishing the Client with the enhancements/modifications. page 25)b-13 5.1 Documentation. After the SOW has been executed by each party, a detailed requirements and detailed design document shall be submitted illustrating the complete financial terms that govern the SOW, proposed project staffing, anticipated project schedule, and other information relevant to the project. Such enhancements or modifications shall become part of the licensed Granicus Software. 5.2 Acceptance. Client understands that all work contemplated by this exhibit is on a "time- and-materials" basis unless otherwise stated in the SOW. Within ten (10) business days of Granicus' completion of the milestones specified in the SOW and delivery of the applicable enhancement/modification to Client, Client will provide Granicus with written notice of its acceptance or rejection of the enhancement/modification, based on the acceptance criteria set forth in the SOW. Client agrees that it will not reject any enhancement/modification so long as it substantially complies with the acceptance criteria. 5.3 Title to Modifications. All such modifications or enhancements shall be the sole property of the Granicus. 6. Limitation of Liability, Exclusive Remedy. IN THE EVENT OF ANY INTERRUPTION, GRANICUS' SOLE OBLIGATION, AND CLIENT'S EXCLUSIVE REMEDY, SHALL BE FOR GRANICUS TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS AS SOON AS REASONABLY POSSIBLE. [End of Support Information] ____ Page 25b-14 EXHIBIT C GRANICUS, INC. HARDWARE EXHIBIT THIS HARDWARE EXHIBIT is entered into by Granicus and Client, as an attachment to the Service Agreement between Granicus and Client, for the hardware components of the Granicus Solution (the "Hardware") provided by Granicus to Client. This exhibit is an additional part of the Service Agreement and is incorporated therein by reference. Capitalized terms used but not defined in this exhibit have the meanings given in the Service Agreement. Price. The price for the Hardware shall be the price specified in the Proposal. 2. Delivery. Any scheduled ship date quoted is approximate and not the essence of this exhibit. Granicus will select the shipment method unless otherwise mutually agreed in writing. Granicus retains title to and ownership of all Granicus Software installed by Granicus on the Hardware, notwithstanding the use of the term "sale" or "purchase." 3. Acceptance. Use of the Hardware by Client, its agents, employees or licensees, or the failure by Client to reject the Hardware within fifteen (15) days following delivery of the Hardware, constitutes Client's acceptance. Client may only reject the Hardware if the Hardware does not conform to the applicable written specifications. 4. Service Response Time. For hardware issues requiring replacement, Granicus, Inc. shall respond to the request made by the Client within twenty-four (24) hours. Hardware service repair or replacement will occur within seventy-two (72) hours of determination of a hardware issue, not including the time it takes for the part to ship and travel to the Client. The Client shall grant Granicus, Inc. or its representatives access to the equipment for the purpose of repair or replacement at reasonable times. Granicus, Inc. will keep the Client informed regarding the timeframe and progress of the repairs or replacement. Once the Hardware is received Client's responsibilities will include: a. Mount server on client rack (if applicable) b. Connecting original network cables, c. Connecting original audio and video cables (if applicable). 5. LIMITATION OF LIABILITY. GRANICUS SHALL NOT BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS EXHIBIT INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, WHETHER SUCH LIABILITY ARISES UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. IN NO EVENT WILL GRANICUS' LIABILITY TO CLIENT ARISING OUT OF OR RELATING TO THIS EXHIBIT EXCEED THE AMOUNT OF THE PRICE PAID TO GRANICUS BY CLIENT FOR THE HARDWARE. 6. Hardware. In the event of malfunction for Hardware provided by Granicus, Hardware will be repaired or replaced as per the warranty, and as detailed in this Exhibit. Granicus provides the above mentioned services under Client's acknowledgment that all Granicus tools, and systems will be installed by the manufacturer chosen by Granicus within the Hardware, provided to --- Page 25b-15 the client. These software tools have been qualified by Granicus to allow the highest level of service for the client. While it is Granicus' intention to provide all Clients with the same level of customer care and warranty, should the Client decline these recommended tools, certain levels of service and warranty may not guaranteed. 7. Purchased Hardware Warranty. For Hardware purchased from Granicus by Client, Granicus will provide to Client a three (3) year warranty with respect to the Hardware. Within the three (3) year warranty period, Granicus shall repair or replace any Hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. 8. Use of Non-Approved Hardware. The Granicus platform is designed and rigorously tested based on Granicus-approved Hardware. In order to provide the highest level of support, Granicus requires the use of Granicus-approved Hardware in your solution. While it is Granicus' intention to provide all clients with the same level of customer care and continuous software upgrades, Granicus does not make any guarantees or warranties whatsoever in the event Client uses non-approved hardware. 9. Client Changes to Hardware Prohibited. Client shall not install any software or software components that have not been agreed upon in advance between client and Granicus technical staff. While it is Granicus' intention to provide all clients with the same level of customer care, Granicus does not make any guarantees or warranties whatsoever regarding the Hardware in the event Client violates this provision. [end of Hardware Exhibit] - ........ Page 25'b -16 EXHIBIT D TRADEMARK INFORMATION Granicus Resistered Trademarks , f-4er granicus Granicus logo as a mark Granicusa" MediaVault6° Mobile Encoder-' Outcast Encoder" StreamReplicator" Granicus Trademark Names TM Integrated Public Record' Intelligent Routing* `M LinkedMinutes LiveManager'm MediaCenter'" MediaManager" MeetingMember MeetingServer" Simulcast Encoder"" VoteCast'&' VoteCastf61 Classic VoteCastrh' Touch Client Trademarks -- Page 25b-17 EXHIBIT E TERMINATION OR EXPIRATION OPTIONS REGARDING CONTENT In case of termination by Client or expiration of the Service Agreement, Granicus and the Client shall work together to provide the Client with a copy of its Content. The Client shall have the option to choose one (1) of the following methods to obtain a copy of its Content: • Option 1: Video/Audio files made available through optional media: data CD, external hard drive, or Granicus provided FTP site. A CSV, XML, and/or database file will be included providing clip information, and/or legislative content. • Option 2: Provide the Content via download from MediaManager or from a special site created by Granicus. This option shall be provided free of charge. • Option 3: Granicus shall provide the means to pull the content using the Granicus Application Programming Interface. This option shall be provided free of charge. The Client and Granicus shall work together and make their best efforts to transfer the Content within the sixty (60) day termination period. Granicus has the right to delete Content from its services after sixty (60) days. Page -- 1s 25D-18 EXHIBIT F ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative --- page - 25b-19 O)qranicus. Government Transparency, Efficiency, and Collaboration Solutions Proposal presented to: 25D-20 ?granicus. ?roPosa? .. 6-26-13 Dear Maria, Thank you for considering Granicus, we're excited to support your transparency and efficiency initiatives/needs. It has been a pleasure to work with the City of Santa Ana for the last 7 years. We look forward to establishing a rewarding, long-term relationship with you. On the following few pages, you will find a breakdown of the needs that we have uncovered, our proposed solution, some of our key differentiators, detailed pricing, and a checklist that outlines our next steps. Primary Business Mission During our conversations and assessment of the City of Santa Ana's primary business challenges, we discovered the following issues: • To reach a broader audience by streaming public meetings to mobile devices and PC's, while improving the minutes annotation process that will free up time and provide more efficiency's for the Clerks Office Solutions We have discussed some specific ways to address the challenges. The City of Santa Ana is facing. Below is a list that I believe represents the best possible solutions. • Current minutes is a summary and Clerk's office needs a system that will help quickly and accurately capture this information • A Solution that will stream live and archived to the public • A solution that is indexed and searchable • A solution that will make the Dias paperless and provide elected officials with annotation tools via the iPad Value/Impact of Success We discussed how would measure and determine success with proposed Granicus solutions. The following were items that you wanted to achieve: 2 25D-21 ,*Dgranicus. Proposal • With Granicus public integrated records Clerks staff would only need to perform action minutes saving them time • Santa Ana will be seen as innovative • The City will have a future proofed solution that will allow the Clerk Staff to add agenda automation and citizen engagement tools in the future Santa Ana will be more transparent to its constituents Plan Santa Ana would like to "go live" with its first meeting by late summer We can typically deploy new solutions within 60-90 days from receiving the Purchase Order. In an effort to keep us on goal with your preferred "go live" date we will need the PO and authorized service agreement submitted to Granicus by June 30, 2013. Also promotion expires on June 30, 2013. Below you will find a detailed proposal of the solution we have chosen for the City of Santa Ana The proposal and pricing includes all training, software, hardware, 24/7/365 support, professional services, installation and implementation. Over 1000 jurisdictions have selected Granicus as a partner to help them build trust with citizens, reduce staff time spent on processing meetings, and engage citizens in productive new ways. Granicus has over 35 years of government-focused experience, which has allowed us to develop tools with government in mind and meet the market demand. We hope that you enjoy being part of the Granicus client family. Most Sincerely, Tom Duncan Software Sales Executive 916-230-7152 Granicus, Inc. 3 h - 25D-22 Ln 0 N V 0) ll? Re, JIl tee, r f 0 tic G U a G f6 } a u U d v CG L a u G Q Q a U (. W ?°"" U a ?. J ? a a al ,? G ? G C3 X cu f c' a o L- G _ Cl W ? ?? ? a U bA fu ?1 Qi a ??? Q Cii p V G i C ? in ? L. ?: i. Q1 ? v U S?? ? G E +, Ln 3 (jJ r _ U v ('n ri V t0 Q U `'U ;n Z3 _ ? ? O ?... ? 'S c'l CL ?- ru O Ri 3: Z3 r G G ? = G ? < ?, ti /t 4- L ? U O > G U r- v a ? C a; o n- G i-+ ? ? G .17 G p G y ? -a ? ? a G C/ C; i. 1 _ U a C CL : G ti tiz c^' G G > a S G ? a R Q to U ; m -a G be > G ro Qj cn U n m -a G uc (Q a c ?.0 Q r ^rl ' ? m L UG •-' G o i G ^v a) J G G co ? _ o ' a a a 70 C-? IT f 1 f 3 i . aP .. f r i j M .k„ 25D-23 V I D V c 2 - U) is CJ u ? i Q3 O v `^ to Q ? -7 Cti > i-+ Y- v O C T rti tT iC co } v? O ? G C.% L c?c ? Q {? L.J a. Cr ? Z3 'J C G fL V O C ? LU > O O O O O O O W an O O O O O O t L +r a + L I? N O ti? r- n O O N N CO th t!} ?/} tn. N O E L_ w O Ln r4 Lo Ln .-i of O O O O O O O O O O O o O O O O O O t/? tn• Ln Ln O O Ol N N 00 D Ln t/1• th rl V1• ri e-I N N .-? L 41 a i O a 4J h Q, ?. L- Q, Q, u Z L Ln Q, Q, O - Qj :z Q CIJ C ? i Q) O ? Q, u C 3 t n Lt, V1 L > u Q CT Qi i a?- z O 'u CDa ro f 7 Q, Q Q, Ln h'f O y cn c u c >. u Ln v i Ln U O C v CL Q W m c E w w tw j d i _O c C • .J L N C QJ cu > O a a ;, (U E ... Q o O ? u L1C1 ? Q , ? 0 vi cn O i? - u- z Ef- f 25D-24 Q y i > - = - laZ - ? s y J) z s L ...... N J v J - _ _. C C7 7-7 - M c_ C Q 25D-25 Cl. N D V j? fG O a m ti O l0 t9 O aj a m c-i. O a) a 0 N -o c m M N cTC O a) a T ? O O w N T T T o 7 > ? 7 ? . a N a?+ D a Q a N ate.. ? W a ) ' a u O v a J J a fl. E O V a > 3 u - ? c - 2' a u _ N 7 ? ? O ti0 ? ? ?9 J (j a a V rs a j ? a 3 a _0 ] v cu c L > ? a a v = -a = ? c O E a o a a Q v o a a u v a O a - E T a a :D Y a a :3 > v _ n y o a > C? u a '> u O K O _ ? 4 ' a N 0 a v L .n C o_ a E O - O u Y L O O 7 cc Cl. O Q u C I -F H Q a Q ° a z _ Y ? .? a a a a -a 3 c v v - J - c o u o 0 0 0 0 - ti Q a H a ` x a m a a vl V) F= V)i co 25D-26 ti t E?-V ? t_ oDgranicus. Proposal opr- se ut icon GranicusO Open Platform The Granicus`' Open Platform is the cloud-based foundation for all Granicus applications. It allows government organizations to manage and store an unlimited amount government public meeting data It is the core of our content management, administration and distribution tools and includes free access to our APIs and SDKs, helping you seamlessly connect your Granicus solution to systerr??s in place. 'ht, Granicus Platform includes the ability to upload and publish content including videos and docurm,w,. Click here for more information on the Granicus Open Platform. • .;nl±mrted content storage and distribution • Open architecture and SDK • Archived video editing and indexing, • Citizen web portal, • tier and on-der-nand streaming to mobile devices GrariiCL]s Encoding Appliance The Granicus Encoding Appliance is designed and built for our platform and streaming protocols to provid:, government organisations with superior live and on-demand webcasting performance. The hardur«re is pre-configured and delivered ready to stream. Simply connect powe=r, network and an and€o1a?deo :source. Full appliance control is available through a web browser or locally installed client appiica,; i, • Provides live and on-demand strearninR. -- online and via mobile devices • Rennote systerns monitoring and Granicus maintenance updates 500 GB of local storage (approximately 1,000 hours of archive content) • Facd dates internal streaming across your to+c-al area network (LAN) - up 1:0 50 concurrent jii-,ver"s • Supports extraction and display of embedded closed captions to help maintain ADA compliancy • =aster archive upload times, less video buffeting ? ?a video code.c encoding • i-i MIL5 rand Flash compatible streaming delivery g t i 25D-27 ,)granicus. Proposal Gran,cu_, posted infrastructure supports the encoding appliance and offers unlimited bandwidth, storage and the highest security standards through a cloud-based platform. Our remote, proactive system monitoring guarantees faster response time, predicts problems before they arise, and helps reduce th ., cost of IT support and maintenance. The Granicus team works around -the -clock to ensure your appi?cations are protected and operating smoothly. This ensures long-lasting success *ith our technolof: es while maximizing your solution's performance. Geier- anent Transparency Suite The Gc nent Transparency Suite gives your citizens greater access to public meetings and records oniin« T,_. the next step towards transparency and stream meetings and events live, link related docu,nt to your video anc provide advanced searching of archives. The Government Transparency= Suite iveas you unlimited cloud bandwidth and storage as well as local live and on-demand streaming for up tc, `1D concurrent viewers. This Suite also allows you to connect agenda data to the Wad to review agendas and supporting documents, take notes and more through the il-egislate application. Click here for more information on the Government Transparency Suite_ • Strt°arn unlimited meeting bodies and events live • nielligent media routing lnt';,;X video in real-time and link to relevant materials PSJi d reports and ana ytics on visitor trends Y a :eriess agenda for the iPad • 0fl=-sr downloadable media formats G 25D-28 ,j)granicus. Meeting Efficiency Suite Proposal The Meeting Efficiency Suite is a live meeting workflow solution that combines minutes with a meeting's recording. Capture and publish minutes, saving staff time and cutting administrative costs. Record roll-call, agenda items, speakers, motions, votes, and notes through a simple interface After the rneeting, finalize minutes quickly and easily in Microsoft WordTM. With VoteLog, allow the public to track legisiation, ordinances and even voting rnember records through your website. This Suite also allows yot, to seamlessly integrate with agenda solutions already in place. Click here for more informfatioxi on the Meeting Efficiency Suite. ti,Ieeting preparation tools CITY OP NEWPORT • i_,,ve minutes automation • Quick notes and text expansion • Minutes editing and publishing • Generate linked minutes Manav_I.:(J Services REACH _.___. __. _.___. ___ • NEWPORT ? :ACH Granicis ,)rovides a comprehensive Managed Services package with every solution to ensure long- lasting sw,cess with our technologies while maximizing your solution's performance. Our fully managed and hosted infrastructure offers unlimited bandwidth, storage and the highest security standards of your data through a cloud-based platform. Our remote, proactive systems monitoring guarantees faster response tirne, predicts problems before they arise, and helps reduce the r-:ost of IT support and mainteriank:e The Granicus team works around-the-clock to ensure your applications are protected and operating smootl:,y. You also receive continual access to advanced learning tools and the hands-on support, knowl _, :and expertise of our dulled Support Engineers and Customer Advocacy professionals. 10 25D-29 ?qranicus. u,t ,jve Psibiilities. Citizen Participation Suite rpsat The C:bzen Participation Suite encourages greater community engagement in productive new ways onhri ?. Collect ideas for community improvement, leverage 'feedback on projects lindervvay, arid prioritize Bey public initiatives. Allow citizens to easily contribute, vote on and prioritize ideas using a custon; zed tvebsite dedicated to community idea sharing. Utilize online discussions, forurns, and survey W'DiS to collect feedback on specific tropics. Let your community make more informed opinions - add videos, documents and presentations related to your projects. Additionally, citizens will be able to electronically submit comments for agendized items using an online form tied to your upcoming meeting agenda. Run reports and distribute them to elected members or department heads, giving them a deeper understanding of public opinion before they make decisions. Click here for more information, on the Citizen Participation Suite. E- .-to-use online toots to capture citizen ideas • -e online discussions. idea forums, and slurvey tools to collect feedback on specific projects • Prc -Itize key public initiatives Receive comments electronically for items on the agenda p paustin! • Rt n detailed reports to mike better informed decisions ? POST your ideas•VOTEonMaty.' Jdi yo grog you like •JOININtliediscussion How can we improve the City of Austin? 164 Improve last-mile and recreational a transit by installing bike share hubs ._. _,. 0 throughout the urban core r s?? 25D-30 ,,Dgranicus. Electronic Voting and Public Displays (suite add-ens) Proposal This addition to the Meeting Efficiency Suite gives elected officials a new way to participate in public meetings using touch-screen displays to record motions and votes as well as request to speak. View full agenaas, supporting materials, the current item, speakers and vote results all' from the touch-screen display Record actions directly from elected members and ensure greater accuracy. Help your audience follow fast-paced meetings with a public display that shows current item, vote results and more. • Touch-screen displays • Digitai speaker queue • Vote and roll call automation * Revieol paperless agenda packets ?z 25D-31 ODgranicus. Proposal Legislative Management Suite The Legislative 1',Jlanagement Suite offers a complete and automated agenda workflow solution. Create agenda items and assign them to the appropriate agenda, making agenda creation seamless. Item approvals are done automatically - approvers. are notified when it's their turn to review. Seamlessly connect agenda data to the iPad to review agendas and support documents, take notes and more through tine ILegisiate application. Capture all meeting actions after the meeting into the public record. Plus, you ca -i organize and store electronic documents of any file format in one repository. Ali docurnenrs are automatically tagged and indexed, making search and retrieval easy. This Suite also allows vr:u to track legislation from inception through approvals and actions taken Click here for more information on the Legislative Management Suite. • Agenda item drafting 41 Electronic approval process Agenda packet generation and publication Organize, store and retrieve documents Continuous legislative workflow • Tra:.?k grid search legislative data Apr,6 Auto-Generat e Agendas Submit Agenda Items Track Legislative Publish to'Neb History 7 Final Action & Enactment Meeting Services Gram,"us ;l1eetin,g Services provide turnkey solutions for public meeting needs. Our Meeting Services solutions take public meeting efficiency to the next level by eliminating the need for staff to manage any +veblcasting technology during the live event:. The Granicus staff handles all webcast production needs to E=nsure that your meetings are successfully captured and delivered over'--,he Web. ykv'eb tasting SerVices tIranicus provides fully managed live and on-demand streaming of public meetings and events. \t-eting videos are fully searchable, indexed to agenda items and cross-linked to supporting -r<,terial ,. providing your audience with a cor npletely integrated public record R,.ych the broadest audience possible over smart phones and mobile devices with cross- k.itforne compatible archived vvebcasts Plug,, our Design staff will create a portal for ,vebcasts lnatche; the look and feel of yo'_ir existing webs!te, offering a better end user experie.rice 25D-32 ?qranicus. Proposai losed Captioning Services Engage new audiences and support ADA (Americans with Disabilities Act) compliance with dog ed captioning for your meetings. Give your, audience greater accessibility and allow them to search archives for any word spoken during the meeting. Captions can be recorded in real-time or added to archive meetings. -,E r ti i ci Transcription Ser?vices Produce a complete, word-for-word transcript and give the public a written account of your mooting- Transcripts can be attached to archived videos and published online as supporting documentation This service is available for archived meetings only. ,,A' nutes Annotation Ser-j',',;-:,x Let Granicus help you complete and produce your meeting minutes. Stay consistent with your tireviousiy published minutes documents and choose your preferred format: action, summary, or 1!erbatim. Minutes can be delivered as lord or PDF documents and published to your ?,vebsite. This service includes post-r-neeting video trimming and time stamping. k': C )() and Vis"a Production Services Reis on experienced AV technicians to ensure that your meeting is flawlessly captured. We will v,'Ot'k with you to determine your live meeting needs and can provide the following services: Cameras and Microphones '1), can provide an audio and video solution to fulfill the customer's needs. We offer a variety of camera and microphone configurations and will work with you to find the setup that best riie-ts your need and budget. All options include onsite technicians who setup, manage and -,tr IKe equipment. Additional Equipment C:ranicus can also provide and support the following items for any event: Jghtmo- -roiec.tors and screens 'crone interfaces f 4-'e')? or"lrpting 25D-33 .i)granicus. Proposat Indexing and Publishing For organizations short on staff or resources, allow Granicus to index and publish media content for You. Events will be setup and recorded in N/lecliaManager. Once a meeting is complete, your archive is trimmed, tirne stamped to create easy to navigai:e jump to points, and published online. Encoding services allow our clients with existing media recordings to have files re-encoded into Granawus` preferred formats (WMV, WMt'A). Recordings will be trimmed and uploaded into your specifies colder in Media Manager. Granicus vvill accept files in various formats including VHS, DVD, CD, Dv Cam, HDV, Beta SP, Beta SX, most digital files, audio cassettes, and more. Public Displav Help your audience follow fast-paced meetings. Display live meeting actions including current agenda item, vote results, and speakers over large monitors both inside and outside the meeting chambers. Push this ii?forrnation to the Web or display results on TV through your cable feed. Accelerator This netvvork performance tool allows you to distribute hundreds of sirnultaneous on-site streams with rninirra,?i r `work impact. Get enterprise class on-site storage and distribution of your video content. 1"h is s,st,_ was designed, architected, and tested for high-performance needs to help you avoid single points c''? u, re Advanced Website Integration Vvebs,te integrations are customized to match the look and feel of your website. Granicus offers rnultiplr_ options to give you the results you want. From sectioned view pages organized by meeting bodies, to ?t listing of original programming organized by content, Granicus will design and create pages to help you better manage your online media. i5 25D-34 4)9ra,nicus. Proposal V C i? 41 L ~ 00 ? N 7 C G c n c Q c c u v m W M Professional Services c w v a g y Z a w N Oa to it i?a ?w _? Managed Deployment Encoding Appliance • • One-time installation of an on-premise unified encoding and storage appliance. Hosted Web-Based Application • • • • • Activation of a hosted media and content management application. Agenda Parser • • • Installation of the agenda parser to read and parse documents automatically. Meeting Software • • Local installation of software in meeting chambers to boost minutes efficiency. Application installation to live broadcast text Public Display • displays of meeting actions in-person, online, or over TV. Touch-screens • Local installation of touch-screen monitors and Workflow Assessment & Confi rati applications in meeting chambers. g Workflow Assessment u on • • Careful workflow review and software configuration. Workflow implementation • • Hands-on guidance and support to ensure smooth and successful user adoption. Onsite Training and Meeting Support '.6. Day/ 2 Day/ On-premise support and mentorship to guide d 1 MB* Sys Admin users during a live rneeting, Pro uct Self-Paced Online • • • • • On-demand online training courses accessible anytime, anywhere. instructor-led Online Training Series 6 hrs{ 12 hrs/ 5 Day Live online training led by a training professional 8 Users 1 MB Combo w/ in a classroom environment. Onsite Onsite Training and Meeting Support 1 5 Day/ 5 Day intensive hands-on training at the clients' i MB* Combo w/ location to address unique user needs. Online Web integration & Design Standard Website Integration • Standard media player and media portal embedded into customer's branded website. Customized Website Integration Custom design and integration of a media player • • • and media portal to match the look and feel of the customer's branded website Legislative Portal Website Integration Standard porta'for legislative information that • matches the look and feel of customer's branded website. Document Assessment Analysis of current document layouts to ensure • • • content importing and management is successful. Customized Agenda Template Development of an HTML agenda template to • • • support indexing search, and electronic comments. Customized Minutes Template • Development of a minutes template in HTML or Microsoft Word to support video links Standard Reports • Standardized report templates for agendas and minutes Public Display Template • Configuration including graphics, colors, fonts, and standard to t elements. 1 25D-35 ?qranicus. gas Ifferentiator roposat • World"s most experienced provider of government transparency, citizen participation, meeting eff if. iency, and legislative management solutions with: Over 1,00 clients in all 50 states, at every level of government Over 31 million government vAebcasts viewed More than 265,350 government mee-ings online • First fully integrated legislative workflow management system for local government • 0.oen API architecture and SDK allow for- seamless integrations with systems already in place • Certified integrations provide flexibility and choice of agenda workflow solutions Ex- iusive provider of a native iPad ac,plic.ation that allows users to review agendas and su,)porting materials, bookmark and take notes on items, as well as stream archived videos Orfly government webcasting service to provide encoding, minutes annotation, transcription, anc° closed captioning services • +rrvy unlimited storage and distribution f,,-)r all meeting bodies and non-meeting content indefinite retention schedules for all archived meeting and non-meeting content • Onl:; provider of both government webcasting and citizen engagement services J_«,t 7/365 customer servic=e and support • 9 , customer satisfaction rating, 98,5`=:, client retention rating • Ore of the 100 companies that matter most n online video by Streaming Media magazine • Ranked 1,135 on Deloitte 500 fastest pro.ving companies • Flanked ";:19 on Inc 500 fastest growing companies • iie?t Success stories are available here: http://www.granicus.com/Clients/C:ase-Itudies.aspx 17 25D-36 ?qranicus. us!,. 'or,- or Testimonials Pull from testimonial page or case studies. Proposal 18 25D-37 25D-38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: REJECTION OF BIDS FOR FEDERAL GOVERNMENT LIAISON SERVICES (RFP 12-075) CITY R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on Vt Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER (1) Reject all bids for federal government liaison services Request For Proposals (RFP) 12-075. (2) Request Mayor and Council to direct the Legislative Council Committee to define the selection process for federal government liaison services, and authorize the City Manager to conduct the selection process as defined by the Legislative Council Committee. (3) Authorize the City Manager to retain federal government liaison services on an "as needed basis" at an hourly rate or on a month to month basis until a permanent federal lobbyist has been retained. DISCUSSION At the April 1, 2013 City Council meeting, staff recommended that Council execute an agreement with Holland & Knight (Exhibit 1) for federal government liaison services based upon RFP 12-075. The City Council took action by continuing the agenda item for 30 days. On May 6, 2013, the City Council took additional action and continued this item for 60 days. At the Legislative Council Committee meeting on June 20, 2013, committee members recommended that all proposals/bids for RFP 12-075 be rejected and that a new selection process for federal government liaison services be established. The Legislative Council Committee members will make recommendations to the Mayor and Council to obtain a defined selection process that will clarify the interests of the City Council in obtaining federal government liaison services. 25E-1 Rejection of Bids For Federal Government Liaison Services July 1, 2013 Page 2 FISCAL IMPACT Funds are available in the City Manager's Office account (no. 01104012-62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency IV" Exhibit 1 - April 1, 2013 Request for Council Action 25E-2 Exhibit 1 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 1, 2013 TITLE: AGREEMENT FOR FEDERAL GOVERNMENT LIAISON SERVICES WITH HOLLAND & KNIGHT OF WASHINGTON, D.C. Cfr"ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2r° Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO J-- 6 -13 , %-/ - FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute an agreement for government liaison services with Holland & Knight, based on the terms set forth in the attached draft agreement, in an annual amount not to exceed $84,000 for a 1 year term, with the option, at the City's discretion, of up to four one-year renewals, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Local government agencies rely upon the expertise of federal government consultants to represent their respective government agencies in Washington D.C. This service typically includes the review and monitoring of federal executive proposals and legislation, as well as administrative rules and regulations that may affect the City. Federal government liaison services are also essential in identifying funding opportunities and grant applications and other special programs for which the City may qualify. In the past year, the City has benefited from these services as we secured congressional support on grant applications submitted to the U.S. Department of Labor for a Workforce Innovation Grant and a H1- B Bridge to Engineering Grant; the latter was awarded $5 million over five years. In September 2012, staff was directed to prepare a Request for Proposals (RFP) for federal government liaison services. RFP 12-075 for Federal Government Liaison Services was released on November 21, 2012. Pursuant to the City's Standard Operating Procedures for RFP's, RFP 12- 075 was posted on the City's website and it was released to 50 consulting firms specializing in federal government liaison services. The 50 consulting firms were randomly selected from a list of 250 of the top consulting firms in the nation. Of the 50 firms solicited seven submitted proposals. 25E-3 Holland & Knight Agreement April 1, 2013 Page 2 All seven proposals complied with the basic requirements of the RFP and therefore each firm was notified that their respective proposals qualified to be included in the interview rating panel process. On January 17, 2013, a three-member rating panel consisting of representatives from the Public Works Agency, Parks, Recreation, and Community Services Agency, and the Community Development Agency convened to review each of the proposals and rate them in accordance with the following criteria as set forth in RFP 12-075: 1. Responsiveness to the RFP 2. Implementation Plan 3. Experience of the Firm/Personnel 4. Cost of Proposal Proposals were rated individually by each panel member on the basis of a possible 100 points. Each proposal received a total score by adding points assigned by each of the three panelists, for a possible total of 300 points. At the conclusion of the meeting, the rating panel selected the top three proposals based upon the final scores: Consultant Firm Final Score Rankin Proposal Holland & Knight 261 1 The Ferguson Group 257 2 Patton Boggs 256 3 The top tier consultant firms were invited to participate in the oral interview process to allow staff to further assess their respective proposals. On February 26, 2013, the top tier consultant firms were interviewed by an oral interview selection panel consisting of the City's Acting Chief of Police, the Executive Director of Public Works, and the Executive Director of Government Relations for the Orange County Transportation Authority. Each consultant firm was allotted one-hour to give a presentation outlining their services and to answer questions from the selection panel members. The selection panel ranked the interviews and proposals based upon the following criteria detailed in the RFP: 1. Overall qualifications of proposed team and experience in the required areas. 2. Demonstrated prior experience with similar operations in the public/private sectors. 3. Project management acumen including ability to effectively work together with city staff, customers and stakeholders. 4. Oral communication/interpersonal skills. Similar to the rating panel process, proposals were rated individually by each oral interview selection panel member on the basis of a possible 100 points. Subsequently, each panel members' individual scores were tallied and totaled according to each proposal, for a total possible 25E-4 Holland & Knight Agreement April 1, 2013 Page 3 300 points. At the conclusion of the meeting, the rating panel scored the proposals in the top tier based upon the final scores: Consultant Firm Final Score Rankin Pro osal Holland & Knight 286 1 The Ferguson Group 275 2 Patton Boggs 273 3 Holland & Knight scored highest in the initial interview rating panel process and highest in the oral interview process. Based on the oral interview panel's assessment staff believes that Holland & Knight's proposal and oral interview demonstrated a level of knowledge, professionalism, and competency that exceeded all other proposals. Therefore, the selection panel recommends that the City execute an agreement with Holland & Knight to represent the City's interest in Washington D.C. FISCAL IMPACT Funds are available in the Public Works Administrative Services account (no. 10117601-62300) and General Fund Legislative Affairs (no. 01104012-62300). APPROVED AS TO FUNDS AND ACCOUNTS: r /) , ,'W') I- I- i-Raul Godinez Executive Director ,J Public Works Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25E-5 25E-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: July 1, 2013 TITLE: AGREEMENT FOR THE MANAGEMENT AND OPERATION OF THE CABRILLO TENNIS CENTER lr'-? COT -NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Match Point Tennis Academy, LLC in an annual amount of $48,000 for the management and operation of the Cabrillo Tennis Center for a five-year term, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency entered into a one-year license agreement with Match Point Tennis Academy in November 2007 for the use of four tennis courts. At the time, the City was spending $80,000 annually to operate the Center. Because of budget shortfall, the City negotiated with Match Point in 2008 a five year agreement to allow their tennis academy to operate at Cabrillo Tennis Center and to keep all nine tennis courts at the Center open to the public. With this action, the City was able to reduce the general fund burden by $80,000 and increase revenue by $48,000 a year. Match Point is responsible for making sure that tennis courts are made available to the public and at the same time they have been given authority to operate the tennis academy at the Center. This new agreement adds a new clay court to the agreement for a total of 10 tennis courts. Under the direction of Elson De Cantuaria, a former professional tennis player who has an extensive background in tennis center management and administration, Match Point Tennis Academy has been successful in helping to revive the sport of tennis in Santa Ana. Match Point has increased the overall number of participants at the Cabrillo Tennis Center and has introduced more young people to tennis by providing free training, consulting services, and scholarships for Santa Ana youth. In addition, Match Point has successfully completed key improvements to the facility to enhance the playability of the courts. Improvement projects completed by Match Point over the years include resurfacing the tennis courts, painting the light posts and perimeter fencing surrounding the tennis courts, replacing court windscreens, and aesthetic improvements to the interior of the existing clubhouse. 25F-1 Match Point Agreement July 1, 2013 Page 2 The proposed agreement will authorize Match Point Tennis Academy to supervise and maintain the entire leased premises at the Cabrillo Tennis Center, including, the tennis courts, club house, Twist Basler House, clay court, locker rooms and showers. Match Point will also be responsible for enforcement of safety practices and regulations consistent with the City's policies and regulations at the facility. Match Point will also continue to sponsor Santa Ana youth into its player development program and provide the residents of Santa Ana with a discounted court fee and priority use of the tennis courts. Two tennis courts will also be made available to Santa Ana residents at all times, and a total of ten tennis academy scholarships will be available to Santa Ana youth. This five year agreement will provide the City with the ability to renegotiate with Match Point a modification of their Academy program if City Council determines that a new program designed to advance the sport of tennis among Santa Ana youth will be established at Cabrillo Tennis Center. This opportunity is limited to non-profit programs that will serve low-income youth and is not intended to allow for a new professional tennis school to be considered within the five year term of this agreement. The City will provide a six month notice if the City decides to make this agreement modification. In addition, Match Point will pay the City a monthly base rental of $4,000 (or $48,000 annually). This agreement will help achieve salary savings and other operational cost savings. FISCAL IMPACT Funds generated from the agreement will be deposited into the General Fund-Tennis Reservation account (no. 01113002 53318). Approved as to Funds and Account: Gerardo Mouet, / Executive Director Parks, Rec. and Com. Svcs. Agency Francisco Gutierrez, Executive Director Finance and Management Services Agency 25F-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE INSURANCE RENEWALS CIT "AGER 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 1. Approve the City's continued membership in the Big Independent Cities Excess Pool from July 1, 2013 to July 1, 2014 at an estimated premium cost not to exceed $1,465,000. 2. Approve the City's continued participation in the Public Entity Property Insurance Program from July 1, 2013 to July 1, 2014 at an estimated premium cost not to exceed $450,000. 3. Approve the City's continued participation in the California State Association of Counties - Excess Insurance Authority's Crime Bond Program from July 1, 2013 to July 1, 2014 at an estimated premium cost not to exceed $12,500. DISCUSSION In September 1988, the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority was formed with five cities. The current cities include Santa Ana, Huntington Beach, San Bernardino, Oxnard, and West Covina. The purpose of BICEP is to provide insurance coverage for its members, shielding them from financial debt due to large liability claims, judgments, and settlements. Additionally, participation in a pool provides rate stability and can offer broader coverage. The current excess liability and workers' compensation insurance policies will expire on July 1, 2013. The total BICEP insurance premium for the July 1, 2013 to July 1, 2014 period will not exceed $1,465,000; an estimated $1,200,000 of which covers liability claims from $1,000,000 to $50,000,000 per occurrence with a $1,000,000 self insured retention (SIR) which functions like a deductible. An estimated $265,000 purchases statutory excess workers' compensation insurance coverage with a $1,000,000 SIR. The Public Entity Property Insurance Program (PEPIP) was established in May 1993 with seventeen public agencies including the City of Santa Ana. The purpose of PEPIP is to provide 29A-1 Insurance Renewals July 1, 2013 Page 2 public agencies with group purchasing strength. Since 1993, PEPIP has grown to include over 6,400 members in 45 states, which has allowed the group to purchase property insurance at affordable premiums. The estimated $450,000 premium will provide $1,000,000,000 of coverage for insured City properties. PEPIP will provide the City with $100,000,000 for boiler and machinery damage and $82,500,000 in coverage for flood damage (coverage is in limited to $50,000,000 in Flood Zone A.) Due to the excessive premium cost of earthquake insurance, the City will not seek this coverage. Insurance deductibles will be as follows: Coverage Deductible Flood $100,000 except $250,000 for Flood Zone A locations Vehicles $25,000 All other occurrences $10,000 Boiler & Machinery $2,500 to $350,000, depending on the pieces of equipment involved The City joined the California State Association of Counties - Excess Insurance Authority (CSAC- EIA) Crime Bond Program on April 1, 2004. The estimated renewal premium from July 1, 2013 to July 1, 2014 is $12,500. The City Manager will review the quotations and make the final decision to secure the coverages. FISCAL IMPACT Funds are budgeted in the proposed 2013-14 Liability & Property Insurance account (account no. 08009051-64010) and Workers' Compensation account (account no. 08209054-64010). APPROVED AS TO FUNDS AND ACCOUNTS: r U I l E ward Raya Executive Director Personnel Services ER/BM Francisco Gutierrez Executive Director 1 29A-2 Finance & Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: VARIANCE NOS. 2013-02,2013-03 AND 2013-04 TO PERMIT A NEW SINGLE-FAMILY RESIDENCE ON A 2,457 SQUARE FOOT LOT AND ALLOW FOR A REDUCTION IN THE REQUIRED OFF-STREET PARKING AND SETBACKS AT 1919 NORTH SPURGEON STREET - BLANCA ERNANDEZ, APPLICANT I NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2013-02 as conditioned, Variance No. 2013-03 as conditioned and Variance No. 2013-04 as conditioned. PLANNING COMMISSION ACTION On June 10, 2013, the Planning Commission adopted a resolution approving Variance No. 2013- 02 as conditioned to allow a reduction in the minimum lot size, Variance No. 2013-03 as conditioned to allow a reduction in parking, and Variance No. 2013-04 as conditioned to allow a reduction in front, side and rear yard setbacks by a vote of 7:0 in order to construct a new single- family residence at 1919 North Spurgeon Street located in the Two-Family Residential (R2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Executive Director Planning & Building Agency MF:rb sAp1anning\matt\reports\1919 N. Spurgeon_va13-2va13-3va134.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 10, 2013 TITLE: PUBLIC HEARING - VARIANCE NOS. 2013-02, 2013-03 AND 2013-04 TO PERMIT A NEW SINGLE- FAMILY RESIDENCE ON A 2,457 SQUARE FOOT LOT AND ALLOW FOR A REDUCTION IN THE REQUIRED OFF-STREET PARKING AND SETBACKS AT 1919 NORTH SPURGEON STREET Prepared by Matt Foulkes ?._ ,k___ Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended C_1 As Amended Set Public Hearing For DENIED ? Applicant's Request C] Staff Recommendation CONTINUED TO Planning Manyger 1. Adopt a resolution approving Variance No. 20013-02 to allow a reduction in the minimum lot size as conditioned. 2. Adopt a resolution approving Variance No. 2013-03 to allow a reduction in parking as conditioned. 3. Adopt a resolution approving Variance No. 2013 -04 to allow a reduction in front, side and rear yard setbacks as conditioned. DISCUSSION Request of Applicant Blanca Hernandez is requesting approval of three variances in order to construct a new 1,185 square foot single-family residence with a 217 square foot attached one-car garage on a 2,457 square foot parcel at 1919 North Spurgeon Street. The request includes variances for a reduction in the minimum lot size in the Two-Family Residential (R2) zoning district, a reduction in required off-street parking, and a reduction in front, side and rear yard setbacks. Project Location and Site Description The project site is located within the Santa Ana Triangle neighborhood. The property is located on the east side of Spurgeon Street just south of the intersection of Twentieth Street and Spurgeon Street (Exhibit 1). The irregularly shaped 2,457 square foot lot is currently vacant. The property is surrounded by a single-family residence to the south, multi-family residential to the west, the Santa Ana (1-5) Freeway to the east and Caltrans drainage easement to the north (Exhibit 2). EXHIBIT A 31A-3 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 2 Proiect Description The project involves the construction of a 1,185 square foot, two-story, two-bedroom, one and a half bathroom single-family residence. The first floor consists primarily of an attached one-car garage, living room, dining room, kitchen and half-bath, while the second floor consists of two bedrooms, one bathroom and an open loft area. The craftsman styled home is in keeping with the purpose and intent of the Citywide Design Guidelines as well as the architectural style of the surrounding neighborhood. Second story step backs on the front and side elevations reduce the massing on the second floor and provide architectural interest. The project will incorporate the use of multiple materials including stone along the home's foundation, clapboard wood siding and stucco as material accents. Wood window trim and sills will be utilized on all windows (Exhibits 3 and 4). Landscaping will also be provided in accordance with the residential landscape standards. This will include four 24-inch box Black Gum trees, creeping fig vines along the perimeter walls and a variety of shrubs and groundcover as shown in the submitted landscape plan (Exhibit 5). Proiect Background The subject property was significantly impacted as a result of the 1-5 Freeway widening in 1995. Prior to the widening the subject property was over 6,000 square feet in size and developed with a single- family residence. Following the widening, Caltrans was authorized to sell the remnant parcels created by the widening at which time the City prepared a Remnant Parcel Reuse Plan. Included in this plan was an analysis of each of the affected properties along with recommendations for reuse which would be complementary to existing development and compatible with land uses in the immediate vicinity. Analysis of the subject property concluded that it should continue to be used for residential purposes or consolidated with the property to the south (Exhibit 6). General Plan and Zoning Analysis The General Plan land use designation for the site is Medium Density Residential (MR-15). Medium Density Residential Districts are characterized by a mixture of single-family residences and higher density multi-family housing. The proposed single-family residence is consistent with this General Plan land use designation. The subject property is zoned Two-Family Residential (R2). This designation allows for one or two- family dwellings and accessory buildings. This project is consistent with the zoning for the property. Proiect Analysis The applicant is proposing to obtain several variances from the development standards established in the Santa Ana Municipal Code (SAMC), specifically, Section 41-247.6 which establishes a minimum lot size, Section 41-1320(x)(1) which specifies the amount of off-street parking required for single- family residences and Sections 41-249, 41-250 and 41-251 which establish the minimum building 31A-4 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 3 setbacks for the front, side and rear yards for single-family residences. Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Variance No. 2013-02 - Minimum Lot Size SAMC Section 41-247.6 states that lots containing one dwelling unit have an area of at least 6,000 square feet. While the subject property was once over this minimum lot size, as result of the 1-5 Freeway widening, it has been reduced to 2,457 square feet. Following the freeway widening, the Planning Division evaluated each remnant parcel created by the widening and made recommendations regarding each site's future development. The subject property was recommended to be either developed as a single-family residence or consolidated with the adjacent property to the south. The lot consolidation option was declined by the adjacent property owner and the lot has remained vacant since 1995. Staff recommends approval of the variance from the minimum lot size based on the following facts and findings. The project site has special circumstances related to its size, shape and surroundings. After the I- 5 Freeway widening the property was reduced from over 6,000 square feet to 2,457 square feet. The lot is further constrained by a Caltrans drainage easement which extends along the northern property line and extends 12-feet into the subject property. The result is a jagged property line that creates an irregularly shaped parcel that cannot be developed in compliance with the applicable development standards. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Without the approval of the requested variance the property would not be developed and would remain vacant as it has since the freeway widening. The property is zoned for residential use and has been identified by the Planning Division as viable for either residential development or consolidation with the adjacent property. The applicant purchased the property in 2007 with the intent to build a modest single-family residence. 31A-5 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 4 The granting of the variance will not be detrimental to the public or surrounding properties. The subject property is adjacent to the 1-5 Freeway to the east and a Caltrans drainage easement to the north. The project has been designed to maintain the required five-foot setback along the southern property line to limit any impacts to the adjacent single-family residence. The project has also been designed to be below the maximum height limit in this zoning district and has provided second story step backs to further reduce any impacts to the adjacent property. Finally, the project will not adversely affect the General Plan. The construction of a single-family residence at this location is consistent with the MR-15 General Plan land use designation and supports Policies 2.10 and 3.5 of the Land Use Element by proposing a single-family residence that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The proposed residence is appropriately sized and has been designed to complement the Craftsman-style architecture of the other single-family homes in the neighborhood. Variance Nos. 2013-03 and 2013-04 - Off-street Parking and Building Setbacks The applicant is proposing to provide a one-car garage and 15-feet of driveway parking. Section 41- 1320 of the SAMC requires a two-car garage with two parking spaces to be parked in tandem in a 20-foot driveway for single-family residences. The applicant is also proposing to encroach into the required front, side and rear yard setbacks. SAMC Sections 41-249 states that the front yard setback shall be not less than 20-feet, Section 41-250 states that side yard setbacks shall be not less than five-feet and Section 41-251 states that rear yard setbacks shall be not less than 15-feet in the Two-Family Residential (R-2) zone. Staff recommends approval of the variances for a reduction in required off-street parking and reductions in required building setbacks based on the following facts and findings: The project site has special circumstances related to its size, shape and surroundings. The reduced lot size, irregular shape and Caltrans drainage easement along the northern property line significantly limit the projects developable area. An analysis of development options during the Site Plan Review phase concluded that a project meeting all the development standards in the R- 2 zone would be so small as to make the home impractical. Primary amongst these was the requirement to provide a two-car garage, which would have reduced the livable area on the first floor to less than 100 square feet. The granting of these variances is necessary for the preservation and enjoyment of substantial property rights. Without the approval of the requested variances the developable area of the property would be so restricted as to become infeasible for development and would remain vacant. The proposed project maximizes the developable area while minimizing any impacts to the adjacent single-family residence to the south. This was accomplished by maintaining the standard side yard setback on the southern property line and limiting lot coverage to 35 percent. 31A-6 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 5 The granting of these variances will not be detrimental to the public or surrounding properties. The project has been designed to meet the applicable development standards on the side adjacent to the existing single-family residence. Along this property line the project has maintained the required five-foot side yard setback as well as stepped back the second story an additional four feet to reduce the visual impact and massing of the second floor. Additionally, the driveway and garage are positioned nearest the northern property line and the front door is set back an additional six feet to maintain the required 20-foot front yard setback on the portion of the home nearest the neighbor to the south. While the drainage easement along the northern property line prevents building in this area, it is usable as open space which will offset the limited space in the rear yard. Given these property restrictions, the proposed residence is appropriately sized in total square footage, number of bedrooms provided and the amount of proposed off-street parking. Lastly, the granting of these variances will not adversely affect the General Plan. The project has been designed to be architecturally integrated with other single-family homes in the area which is consistent with Policies 2.10 and 3.5 of the Land Use Element which supports new development which is harmonious in scale and character with existing development in the area. The development of a single-family residence on this previously vacant parcel also supports Policy 1.3 of the Housing Element which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. Public Notification The project site is located within the boundaries of the Santa Ana Triangle Neighborhood Association. The president of this Association was notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement program contacted the president to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association president, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all adjacent property owners of the project site. At the time of this printing, staff has received no inquiries on this project from members of the public. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012-54 will be filed for this project. 31A-7 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 6 Conclusion Due to the size and shape of the lot, as well as the existing drainage easement, the applicant's inability to comply with the required minimum lot size, off-street parking, and front, side and rear setback requirements creates a unique hardship on the property. Based on the analysis provided within this report, staff recommends approval of Variance Nos. 2013-02, 2013-03 and 2013-04 as conditioned. - )ew7o Matt Foulkes, LE AP Management Aide Vince Fregoso, AI Principal Planne MF:jm s:VIannin9VnattVeporis11919 N. Spu(9eon_va13-2va13.3va13-4.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan/Floor Plan Exhibit 4 - Elevations Exhibit 5 - Landscape Plan Exhibit 6 - Remnant Parcel Re-use Plan 31A-8 0 FAIRHAVEN AVE. wi` v+n 0 W -9 R1- R4 R4 O n o 7200 1 Rl I CS RI ,w.?-.a-• ,1 vs,o a,.a Al R RI A+ 1 ?'? l 7 ••,Al• 3. e ` Q F RI +.a - RI = cs - - Rl RI P RI + R1 Rt Rl i R1 CS - R1 R1 R1 F All R1 RlV IRt k, R1 R1' 1 R1 R1 ' RI RI ' R1 3 ate' 3 %AI-7200 R1 ttt a. } Rt [ P2 ' R2 aR2 a i R1 RI F H.? RI i ., ,I ' O`x R2 + Rt. RI { RI t CS Rl R2 f-na- `T r w Y °'? R1 R1 Za i Rt a2 Rl ? RI 9 i Rl R1 Z ct a .o RI - 4 a 9 R1 R1 S R2 RI R1 - 7A : s R1P RI I R1 C1- ? ,1 R1 ? ? „ 0 PRQJER ITE R2 , R2 a RI Al RI Rl$ Rj tia c4 J b' 3 I C4 I 1 Cron C,-.a 3 so-73 Ci ?` CS a,F a iH „-s,Trir-rr-?rr nn r? nrr?--=i SEVENTEENTH ST. 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I 3 ° laa , Iy? tilt h Gy 2 } S.? y yyp?t ; =E 1A I PAP "? ??? PAP ` f,,••• i Q CIO,- $i k 16! C, R ' D. o. =)i y :. C. 'G I• wjl 1477 I-5 REMNANT PARCELS Parcel 1 Address: 1919 N. Spurgeon Street Assessor Parcel CalTrans No.: 100305-01-01 No.: 003-153-01 LAND USE RECOMMENDATION: Continue single family residential. REQUIRED DISCRETIONARY ACTIONS: None Other Action(s): Consolidate the following parcels into one buildable and conforming parcel: Parcel 1 with 1915 N. Spurgeon Street. Existing Conditions (Parcel 1): Zoning: R-3 General Plan Designation: MR-15 Redevelopment Area: NA Prior Use: SFR Lot Size: 2,500 s.f. Parcel Constraints: a) Lot size b) Easement 20th 42.26 ON Storm CO Drain - - - Easement N co 100305 '?, 70 67.78 C CD 0 1915 N. S urgeon St. EXHIBIT 6 31A-14 ROH - 06/10/13 RESOLUTION NO. 2013-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NOS. 2013-02, 2013-03, AND 2013-04 AS CONDITIONED TO ALLOW FOR A REDUCTION IN THE REQUIRED OFF- STREET PARKING AND SETBACKS FOR THE PROPERTY LOCATED AT 1919 NORTH SPURGEON STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of: Variance No. 2013-02 to allow a reduction in the minimum lot size; Variance No. 2013-03 to allow a reduction in parking; and, Variance No. 2013-04 to allow a reduction in front, side, and rear yard setbacks for a new single-family residence on a 2,457 square foot lot at 1919 North Spurgeon Street. B. Variance Nos. 2013-02, 2013-03, and 2013-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 10, 2013, to consider all testimony, written and oral. C. Variance No. 2013-02 has been filed with the City of Santa Ana seeking to allow a reduction in the minimum lot size for a single-family residence. 1. Section 41-247.6 of the Santa Ana Municipal Code requires a lot containing one dwelling unit to have an area of at least 6,000 square feet. 2. While the subject property was once over this minimum lot size, as a result of the 1-5 Freeway widening, it has been reduced to 2,457 square feet. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not Resolution No. 2013-09 Page 1 of 10 31 A-15 otherwise at variance with the intent and purpose of provisions of this Chapter. Special circumstances exist in that this lot is a legally created remnant parcel resulting from the widening of the 1-5 Freeway. Prior to the 1-5 widening, this lot was over 6,000 square feet. As a result of the 1-5 widening, this parcel was substantially reduced in area, but has retained its R-2 zoning and MR-15 General Plan land use designation. The property is unable to increase its square footage as it is bounded by the 1-5 Freeway to the east, a Caltrans drainage easement to the north and an existing single-family residence to the south. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the opportunity to develop this site with a high quality single-family residence. Not allowing this variance would likely result in the property remaining vacant as it is below the minimum square footage for development in the R-2 zone. That the granting detrimental to the property. of a variance will not be materially public welfare or injurious to surrounding The proposed single-family dwelling will have no detrimental impacts on the surrounding properties or neighborhood. The lot is being developed with an appropriately sized and scaled single-family residence that will harmoniously blend with the residential character of the neighborhood. Minimum building setback requirements were maintained on the southern side of the property adjacent to the existing single- family residence. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of this variance will not adversely affect the General Plan. The construction of a single-family residence at this location is consistent with the Medium Density Residential (MR-15) General Plan land use designation and supports Policy 3.5 of the Land Use Resolution No. 2013-09 Page 2 of 10 31 A-16 Element by proposing a single-family residence that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The proposed residence is appropriately sized both in overall square footage and the ratio of bedroom space to public space and has been designed to complement the craftsman style architecture of the other single- family homes in the neighborhood. D. Variance No. 2013-03 has been filed with the City of Santa Ana seeking to allow a reduction in required off-street parking. Section 41-1320 of the Santa Ana Municipal Code requires a two-car garage with two parking spaces to be parked in tandem in a 20-foot driveway for single-family residences. 2. The applicant is proposing to provide a one-car garage and 15-feet of driveway parking. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project site has special circumstances related to its size, shape and surroundings. The reduced lot size, irregular shape and Caltrans drainage easement along the northern property line significantly limit the projects developable area. An analysis of development options during the Site Plan Review phase concluded that a project meeting all the development standards in the R-2 zone would be so small as to make the home impractical. Primary amongst these was the requirement to provide a 20- foot by 20-foot two-car garage with 20-feet of driveway which would have reduced the livable area on the first floor to less than 100 square feet. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2013-09 Page 3 of 10 31 A-17 The granting of this variance would allow the property owner the opportunity to develop this site with a high quality single-family residence. Due to the site size and shape restrictions, not granting this variance would result in the project no longer being feasible for development. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed single-family dwelling will have no detrimental impacts on the public welfare or surrounding properties. The lot is being developed with an appropriately sized and scaled single-family residence that will maintain the required setbacks and second floor massing along the property line adjacent the existing single-family residence. The project's limited total square footage combined with only two bedrooms proposed results in the provided off-street parking being sufficient for this project. Additionally, the development of a high-quality single-family residence on this previously vacant site will improve the neighborhood by providing an additional housing option. iv. That the granting of a variance will not adversely affect the General Plan of the City. The project has been designed to be architecturally integrated with other single-family homes in the area which is consistent with Policies 2.10 and 3.5 of the Land Use Element which supports new development which is harmonious in scale and character with existing development in the area. The development of a single-family residence on this previously vacant parcel also supports Policy 1.3 of the Housing Element which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. E. Variance No. 2013-04 has been filed with the City of Santa Ana seeking to allow a reduction in front, side, and rear yard setbacks. Santa Ana Municipal Code Section 41-249 states that the front yard setback shall be not less than 20-feet, Section 41-250 states that side yard setbacks shall be not less than five-feet, and Section 41- Resolution No. 2013-09 Page 4 of 10 31 A-18 251 states that rear yard setbacks shall be not less than 15-feet in the Two-Family Residential (R-2) zone. 2. The applicant is proposing to encroach into the required front, side, and rear yard setbacks. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The project site has special circumstances related to its size, shape and surroundings. The reduced lot size, irregular shape and Caltrans drainage easement along the northern property line significantly limit the projects developable area. An analysis of development options during the Site Plan Review phase concluded that a project meeting all the development standards in the R-2 zone would be so small as to make the home impractical. Primary amongst these was the requirement to provide a 20- foot by 20-foot two-car garage with 20-feet of driveway which would have reduced the livable area on the first floor to less than 100 square feet. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. Without the approval of the requested variance the developable area of the property would be so restricted as to become infeasible for development and would remain vacant. The proposed project maximizes the developable area while minimizing any impacts to the adjacent single- family residence to the south. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2013-09 Page 5 of 10 31 A-19 The granting of these variances will not be detrimental to the public or surrounding properties. The project has been designed to meet the applicable development standards on the side adjacent to the existing single-family residence. Along this property line the project has maintained the required five-foot side yard setback as well as stepped back the second story an additional four feet to reduce the visual impact and massing of the second floor. Additionally, the driveway and garage are positioned nearest the northern property line and the front door is set back an additional six feet to maintain the required 20-foot front yard setback on this portion of the home. Lastly, the open space on the northern portion of the property that is restricted from development by the Caltrans drainage easement will be utilized as open space for the home to offset the loss of rear yard open space. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of this variance will not adversely affect the General Plan. The project has been designed to be architecturally integrated with other single-family homes in the area which is consistent with Policy 2.10 of the Land Use Element which supports new development which is harmonious in scale and character with existing development in the area. The development of a single-family residence on this previously vacant parcel also supports Policy 1.3 of the Housing Element which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012-54 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves: Variance No. 2013-02, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the minimum lot size; Variance No. 2013- 03, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in parking; and, Variance No. 2013-04, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow a reduction in front, side, and rear yard Resolution No. 2013-09 Page 6 of 10 31A-20 setbacks, for a new single-family residence at 1919 North Spurgeon Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 10, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of June , 2013. AYES: Commissioners: Alderete, Bacerra, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Crespo, Gartner, Mill, Nalle, Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2013 . Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2013-09 Page 7 of 10 31A-21 Conditions for Approval for Variance No. 2013-02 Variance No. 2013-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division The project shall remain in compliance with Site Plan Review DP No. 2012- 31. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. Provide landscaping in accordance with submitted landscape plan. 4. Prior to plan check submittal, revise the plans to note the installation of clapboard siding on the front elevation in place of stucco. Resolution No. 2013-09 Page 8 of 10 31A-22 Conditions for Approval for Variance No. 2013-03 Variance No. 2013-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division The project shall remain in compliance with Site Plan Review DP No. 2012- 31. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. Provide landscaping in accordance with submitted landscape plan. 4. Prior to plan check submittal, revise the plans to note the installation of clapboard siding on the front elevation in place of stucco. Resolution No. 2013-09 Page 9 of 10 31A-23 Conditions for Approval for Variance No. 2013-04 Variance No. 2012-04 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below Prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division The project shall remain in compliance with Site Plan Review DP No. 2012- 31. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. Provide landscaping in accordance with submitted landscape plan. 4. Prior to plan check submittal, revise the plans to note the installation of clapboard siding on the front elevation in place of stucco. Resolution No. 2013-09 Page 10 of 10 31A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2013-02 TO REZONE MCFADDEN PLACE FROM LIGHT INDUSTRIAL (M-1) TO SPECIFIC DEVELOPMENT NO. 85 AT 1400-1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE - MAKENA PROPERTIES, AP LICANT Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance approving Amendment Application No. 2013-02. PLANNING COMMISSION ACTION On June 10, 2013, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2013-02 by a vote of 7:0 to change the zoning of the property from Light Industrial (M-1) to a specific development designation [Specific Development No. 85 (SD-85)], and to create development standards for the McFadden Place Center at 1400-1441 South Village Way and 2100 East Wilshire Avenue. The Planning Commission made no changes to the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Executive Director Planning & Building Agency VF: rb Vflrep0rts1AA13-02 1400 Village Way.cc Exhibit: A. Planning Commission Staff Report 75A-1 75A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 10, 2013 TITLE: PUBLIC HEARING - AMENDMENT APPLICATION NO. 2013-02 TO REZONE MCFADDEN PLACE FROM LIGHT INDUSTRIAL (M-1) TO SPECIFIC DEVELOPMENT NO. 85 AT 1400-1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE Prepared by Vince Freg pso Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY - -- ------ ----- --------------------- APPROVED El As Recommended C] As Amended Ll Set Public Hearing For DENIED L7 Applicant's Request C] Staff Recommendation CONTINUED TO f 7(W)4't tc Planning anager Recommend that the City Council adopt an ordinance approving Amendment Application No. 2013-02. DISCUSSION Request of the Applicant Paula Halverson, representing Makena Properties, is requesting approval of an amendment application in order to rezone the McFadden Place development to a specific development (SD) designation. Specifically, the applicant is requesting approval to redesignate the property from Light Industrial (M-1) to Specific Development No. 85. Proiect Location and Site Description The subject property is a 17 acre, irregularly shaped parcel of land located on Village Way south of McFadden Avenue and just south of the southbound entrance to the Newport-Costa Mesa (SR-55) Freeway (Exhibits 1 and 2). Nine buildings, consisting of approximately 275,536 square feet, are located on the site. The buildings are occupied by a combination of retail, indoor sport and industrial-uses (Exhibit 3). A total of 807 parking spaces are currently located on the site. The site is bordered by industrial uses to the north and west, the Santa Ana Auto Mall to the south and the Newport-Costa Mesa (SR-55) Freeway to the east. Project Description The project involves the rezoning of the existing 17-acre site from Light Industrial (M-1) to a specific development (SD) designation (Exhibit 4). Included within the specific development document will be development standards for the site that meet or exceed what is currently found on the premises. Additionally, new standards will be created to regulate parking and signage within McFadden Place. EXHIBIT A 75A-3 Amendment Application No. 2013-02 June 10, 2013 Page 2 Proiect Backaround The McFadden Place development was constructed in 1970 as an industrial park. Upon its completion, the site was primarily used by warehouse, distribution and wholesale related uses. Additionally, an occasional industrial serving retail use was found on the premises between the early 1970's through the mid 1980's. In October 1987, the City adopted an ordinance that allowed retail uses in the industrial zones subject to the issuance of a conditional use permit. In 1988, Conditional Use Permit No. 1988-08 was approved for the site to allow a maximum of 125,000 square feet of retail space, with the remainder consisting of industrial related uses. In 1995, the City adopted a new ordinance that eliminated commercial uses as a conditionally permitted use in the industrial zones. However, since McFadden Place had received a conditional use permit for retail uses, the property became a legal nonconforming site. Since the approval of the conditional use permit, the site has historically been occupied by retail uses such as a Rip Curl Outlet and The Wine Club. Further, sports themed uses such as Roger Dunn Golf Superstore and Monkey Sports have operated within McFadden Place. Over the past two years, indoor sports facilities such as the Sender One Rock Climbing facility and the Australian Swim School have been approved within McFadden Place. Industrial uses still occupy the site but to a lesser degree. General Plan and Zonina Analvsis The General Plan land use designation for the site is Industrial (IND), which allows for a variety of industrial and industrial serving commercial uses. The proposed project is consistent with the General Plan land use designation. The subject site is located in the Light Industrial (M-1) zoning district. The proposed application will create a new zoning designation for the site that will allow manufacturing, warehouse and wholesale uses as well as commercial uses that are consistent with and support the surrounding industrial tenants. These uses include retail, restaurants and indoor sports facilities. The project site is consistent with this zoning designation. Project Analysis Section 41-593 of the Santa Ana Municipal Code establishes regulations for the creation of specific development (SD) zoning districts. The purpose of the SD districts is to protect the health, safety and general welfare of the City by encouraging the use of innovative planning concepts, promoting and enhancing the values of property, and encouraging orderly development for a planned residential project. The applicant is proposing to rezone the McFadden Place project site from Light Industrial (M-1) to a specific development (SD) designation to better represent the various uses permitted on the premises. 75A-4 Amendment Application No. 2013-02 June 10, 2013 Page 3 The M-1 zoning of the property was intended to facilitate the construction of industrial related uses on the site. In fact, when the project was first leased, the predominant use of the site was by industrial users. However, it was also not uncommon to find stand-alone office uses or mixed office/warehouse types of projects in the industrial zones, including McFadden Place, as these uses were determined to be compatible with industrial development. Since its opening in 1970, the site has always been occupied by various commercial and retail uses. The demand for retail in the City's industrial zones increased in the mid to late 1980's due to the availability and price of industrial land. This led to the City requiring a conditional use permit for retail in the industrial zones, which McFadden Place received in 1988 by Conditional Use Permit No. 1988-8. This allowed over 125,000 square feet, or 45 percent of the site, to be used by retail uses. Since 1988, the project has continued to operate as a hybrid commercial/industrial development, with the site occupied by a mixture of retail and industrial uses. In an effort to adopt a zoning designation that better reflects the property, the applicant is proposing a zone change to a specific development (SD) plan designation (Exhibit 5). The SD is a tool that may be applied to allow for unique and innovative projects that are otherwise consistent with the General Plan, but which do not conform to the adopted zoning standards for that area. The SD will contain the development standards for the existing project as well as any future development of the site. The specific development has been created as a hybrid industrial/commercial zone and will allow uses that are compatible with the existing center. As such, many of the heavy industrial uses that can adversely affect the existing tenants and adjacent properties will not be permitted in this zoning district. For instance, uses currently allowed in the M-1 zone such as impound yards, truck and heavy equipment sales and service, contractor's yards, automotive repair and service, lumberyards and recycling facilities will no longer be permitted at McFadden Place. Retail and service uses will continue to be allowed, with the conditional use permit (CUP No. 1988-8) no longer applicable. The Specific Development No. 85 document will be a comprehensive zoning tool for McFadden Place. In addition to establishing the permitted and conditionally permitted uses, development standards pertaining to setbacks, landscaping and parking will be incorporated into the SD. For the most part, these standards will reflect the actual development pattern of the development. The applicant is seeking to install additional identification signage on the freeway facing buildings and reduce the amount of required parking. Instead of processing variances for each request, these modifications will be incorporated into the development standards of the SD. For signage, due to the location and topography of the site, six freeway oriented blade signs, not exceeding 112 square feet each, will be permitted on the two northernmost buildings that face the Newport-Costa Mesa (SR-55) Freeway (Exhibit 6). In addition, a shared parking analysis was prepared that depicts a surplus of parking spaces at the center. The study recommends that the parking requirement for retail uses at McFadden Place be reduced from one space per 200 square feet of floor area to one space per 350 square feet in order to accurately reflect the parking demand at the center. This revised parking demand will give the property owner the flexibility to attract additional retail tenants that are compatible with the existing uses. 75A-5 Amendment Application No. 2013-02 June 10, 2013 Page 4 Approval of the SD will be consistent with the General Plan Land Use Designation of Industrial since the development will continue to provide employment opportunities for local residents, generate municipal revenues for continued economic development, and encourage commercial uses which are ancillary to industrial uses in the district. Public Notification The project site is not located within or near any neighborhood association. However, staff has been in contact with the property owner, who has informed the existing tenants of the proposed use. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to property owners and tenants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no correspondence had been received. CEQA Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009-187 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Amendment Application No. 2013-02. Vince Fregoso, (1CP Principal Plar VF:jm vflreports\AA13-02 1400 Village Way.061013.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan Exhibit 4 - Zoning Map Exhibit 5 - Specific Development document Exhibit 6 - Signage Plan 75A-6 SrrE City ,I TuIt IA Al GENERAL AGRICULTURAL GSM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -8 PARMNG MODIFICATION -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT CI COMMUNFTY COMMERCIAL GC GOVEAMLENTCENIER RI SINGLE-FAMILYRESROENCE C1-MD COMMUNITYCOMMERCIAL-ALUSEUMIXSTRICT Ml L3GHTINOUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVYWOUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRALBUSINESS MO MILITARYOPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS'VILLAGE 0 OPEN SPACE RE RUDENTIALESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAYZONE SO SPECIFIC DEVELOPMENT CS ARTERMLCOMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RfSIDENRAL PCD PLANNED COMMUNITY DEVELOPMENT .ddoutbl AA 2013-02 Vll = MCFADDEN PLACE ZONE CHANGE rj /L 1400-1441 SOUTH VILLAGE WAY/ - 500 FEET V=IWOFEET 2100 EAST WILSHIRE AVENUE P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 75A-7 it I iNDU IT RfAI INDUS R T IAL a ' WILSHIRE AVENUE 3 ? Dealer I N D U S T R I A L Parking o M a R `?o?o S a Volkswagen pgp l ?' 3 Parking Saab 9GT 0 0 q q PROJ mow: SITE Vacant Vacant ' DAN GURNEY OR AUro m ALA Oq MINI BMW od } Volvo Volkswagen 4 BMW H ? 5 o z = Honda 1L INDUSTRIAL ln? ref EDINGER AVENUE I N D U 5 T R I A L 0 INDUSFRfAI V AA 2013-02 MCFADDEN PLACE ZONE CHANGE 1400-1441 SOUTH VILLAGE WAY/ 2100 EAST WILSHIRE AVENUE P L A N N I N G A N D B U I L D I N G A G E N{ Y LAND USE MAP EXHIBIT 2 75A-8 i e s ? ?; € yS q°c ? y INA? kG?}, Cpcp[ k ,Ntb \ \ 9 i ! ?? ? ? Y bra \ \ ..UWIB§ f bA- 3 g ti i i a ? 9 ? CE: E E ?U ?Z t E 'J EQ E t? f IQ I I? 11;11 IT, itN illt V o= 0 ?w U? W? h u U? r< v? a ?s O? ?R 4 V J O? warK.E Av vase AE Av Y K eTn<YA•°Ar EDP:t?AY EDALet14Y ?ws? M4pvA E1 rr A?:.ifnn k rT CeEnixEn k C s Q ZQO fY k D YAlnrtp AV ?T? 77 QUA ?Q O? by • SECTIONAL Di STRICT MAP 2459 ADOPTED BY THE SA!ITAKIACITY COUNCIL MARCH 2,1559 BYCRDItW;CE NS36) SCALE IN FEET 0 0 10» ' Al GENERAL AGRICULTURAL CS1.1 SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT 60• • .!:1 :'U'.1F0.glTAGE -6000 1.••:I V U51 LOT A0.EA •8 PARKING MODIFICATION -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT CI COMAUNITY COMMERCIAL GC GOVERNMENT CENTER RI SINGLE-FANLY RESIDENCE ,Hr xAr a THE Crnu. L MC rx-L ns1r..:rx.vu DEUrT CSaurArxa C14AD COMMUNITY CONIVERCIAL-MUSEUM DISTRICT 1.11 LIGHT INDUSTRIAL R2 TYWA69LY RESIDENCE "r"U^??E°sr urr unrra C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R) MULTIPLE-FAMILY RESIDENCE FtxwTlC+ua, rasr. a*E° u•te•Tl I VEAE4r ATTE STrwTnB xAF UATgUE C3 CENTRAL BUSINESS 1.!O MILITARY OPERATIONS R4 SUBURBAN APARTMEW U•fl Cf TIE CFL':!:.L EECMAJL [IrTRGt C3-A CENTRAL BUSINESS•ARTISTS'VILLAGE O OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SO SPECIFIC DEVELOPMENT '••"'+a CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN NE•E ?,gE CIK%..? CR COMS!ERCIAL RESIDENTIAL PCD PLANNED COS.,MUNITY DEVELOPMENT 1 -1 Cr•r;.•. pv &-,, 9. A'd7 MA IA`Y. rA PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA. CALIFORNIA 7%Agli a SPECIFIC DEVELOPMENT PLAN NO. 85 McFadden Place SECTION 1- APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 85 for McFadden Place is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD No. 85 contains the specific standards and regulations contained in the Cl and/or M1 districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 -- PURPOSE The Specific Development Plan No. 85 for McFadden Place consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 - Uses Permitted in Specific Development No. 85 The following uses are permitted in the SD-85 district: (a) Retail and service uses (b) Professional, administrative and business offices (c) Gymnasiums (d) Restaurants, cafes and eating establishments, except drive through window service (c) The manufacture of products from raw or previously treated materials, excluding those uses specified in Section 41-489.5 of the SAMC (f) The assembly of products from raw or previously treated materials, excluding those uses specified in Section 41-489.5 of the SAMC (g) The packaging or distribution of previously prepared products or materials, excluding those uses specified in Section 41-489.5 of the SAMC (h) Wholesale establishments where the primary trade is business to business sale of products, supplies and equipment EXHIBIT 5 Page 1 of 4 75A-11 (i) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure 0) Sale of industrial products, supplies and equipment used for final product manufacture (k) Warehousing (1) Movie, photography, musical or video production studios SECTION 4 - Uses subiect to a conditional use permit in Specific Development No. 85 (a) Outdoor and indoor recreation or entertainment uses other than those set forth in Section 41-365 of the SAMC (b) Indoor sports facilities (c) Wireless communication facilities (d) Eating establishments with drive through window service SECTION 5 - Minimum lot area in Specific Development No. 85 Lots shall have an area of at least 13 acres. SECTION 6 - Minimum street frontage in Specific Development No. 85 Lots shall have street frontage of at least 200 feet. SECTION 7 - Building height in Specific Development No. 85 No structure shall exceed 50 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 8 - Lot coverage in Specific Development No. 85 No more than 40 percent of the lot shall be covered by structures. SECTION 9 - Front -yards in Specific Development No. 85 There shall be a front yard of not less than 20 feet from the street. SECTION 10 - Side yards in Specific Development No. 85 There are no side yard requirements, except that on corner lots the side yard adjacent to the street shall have a side yard of not less than 20 feet. 75Af 412 SECTION 11 - Rear yards in Specific Development No. 85 There are no side yard requirements, except that on corner lots the side yard adjacent to the street shall have a side yard of not less than 20 feet. SECTION 12 - Development standards in Specific Development No. 85 Lots in the SD No. 85 district shall comply with the following standards: (a) Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. (b) A landscaped planter not less than 10 feet in width is required along any property line that abuts any property which is neither zoned or has a general plan land use designation. (c) All storage, compounding, processing, packaging or assembly of products shall be conducted within a completely enclosed building. SECTION 13 - Parkine standards in Specific Development No. 85 (a) Off-street parking shall comply with the standards set forth in sections 41-1300 through 41-1310 of the SAMC, with the exception of the uses identified below. (b) Parking for commercial uses shall be parked at a rate of one space per 350 square feet of gross floor area (c) Parking for industrial uses shall be parked at a rate of two spaces per 1,000 square feet of gross floor area SECTION 14 - SiQnase standards in Specific Development No. 85 Lots in the SD No. 85 district shall comply with the following standards: (a) Signage shall comply with the standards set forth in sections 41-850 through 41-1000 of the SAMC, with the exception of the standards identified below. (b) Six freeway oriented blade signs are permitted on the buildings located at 1411 Village Way (two on the building) and 1421-1427 Village Way. These blade signs shall not exceed seven feet in width and 16 feet in length. Page 3 of 4 75A-13 SECTION 15 - Landscape standards for Snecific Development No. 85 In the SD No. 85 district, all yards shall be landscaped. The site shall comply with the following minimum requirements: (a) Front/side yard facing a sheet: (1) Two 24-inch box canopy trees. (2) All trees shall be double-staked. (3) Six five-gallon size shrubs and 10 one-gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Irrigation systems: (1) A pop-up sprinkler type irrigation system shall be provided for all yards (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (c) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (d) Maintenance: (1) All plant material shall be maintained per section 41-609 of the Santa Ana Municipal Code. WSpecife DevelopinenWSD No,85 McFadden Place-052913 Page 4 of 4 75A-14 McTa*,ndace EXHIBIT 6 Pagel of 2 75A-15 NNW WHS1VA I ?A o? e u n as c e c a 4 V. .J n U QC V 8 N C W O. 4 V A_lt U O CO LL343:{ L 9 O `L 0. 7 h a v a 3 3 n `c 1-1 WTa#em glace -- F, 9 Lm 3 t i t T t, ?. V g El `n E 3 ? ? C 0 a $ .5 6 O? .u+ u ?r3?a •e E E ? E u•?{A E y ?m o 0 I o i3 q Y ? C G N 3 E? 5 J Qa ? 6 A A R c E 'E u ? e ? A s E a•aja T+ ? 8 ° a ??? S'S ??? a w•z •?? r Fig ?• 5 E e ?o u,a o? ?t n ? b 'E { J Z U 0 F y pc W A T o° U a 0 Q I I x y D N a a V 9 4 N Q Q Q v H R ..0•.d t ,.9? .6 ..0•,Vl ?0•.9l ..6 0 E 0 ?J J W V O W D ? Z W g y E? o y v m a= o? N V d fgAf-21 6 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1400-1441 SOUTH VILLAGE WAY AND 2100 EAST WILSHIRE AVENUE FROM LIGHT INDUSTRIAL (M1) TO SPECIFIC DEVELOPMENT NO. 85 (SD-85) (AA NO. 2013-02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 85 (SD-85) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2013-02 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 1400-1441 South Village Way and 2100 East Wilshire Avenue from Light Industrial (M1) to Specific Development No. 85 (SD-85). The Specific Development No. 85 zoning district (SD-85) would allow manufacturing, warehouse and wholesale uses as well as commercial uses that are consistent with and support the surrounding industrial tenants. These uses include retail, restaurants and indoor sports facilities. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on June 10, 2013, on Amendment Application No. 2013-02 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2013-02, which is consistent with the General Plan. C. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on July 1, 2013. D. The City Council also adopts as findings all facts presented in the Request for Council Action dated July 1, 2013 accompanying this matter. E. For these reasons, and each of them, Amendment Application No. 2013-02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. 75A-17 Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant effect on the environment. Categorical Exemption Environmental Review No. 2009-187 will be filed for this project. 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 3. The real property located at 1400-1441 South Village Way and 2100 East Wilshire Avenue in Santa Ana is hereby reclassified from Light Industrial (M1) to Specific Development No. 85 (SD-85). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. Specific Development No. 85 (SD-85), attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein, is approved and adopted in its entirety. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2013. Miguel A. Pulido Mayor 75A-18 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-19 WILSNIRE AV SORCWIRD AV EDINGERAV POMGNA ST STANDR PL S ST GERTRUDE PL s N ? s 1MYWpDD AV a zz c? Te, C^JI13 -11 ?P QO SECTIONAL DISTRICT MAP 20-5-9 SCALE IN FEET • mim ADOPTED BY THE SANTAANA CITY COUNCIL, MARCH 2, 1959 BY ORDINANCE NS-363 0 looo 60- MINIMUM FRONTAGE -6000 MINIMUM LOT AREA Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -8 PARKING MODIFICATION -F FLOORAREARATIO PRO PLANNED RESIDENTIAL DEVELOPMENT THIS MAP IS THE OFFICIAL SEC70NAL Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Rl SINGLE-FAMILY RESIDENCE DISTRICTMAP OFTHE CITY Of SANTAANA. Cl-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT MI LIGHTINDUSTRIAL R2 TWO-FAMILY RESIDENCE AS AUTHORIZED BY CITY COUNCIL RESOLUTION NO.74-163. DATED11-I8-741 C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE HEREBYATTESTTHATTHISMAPISATRUE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBANAPARTMENT COPY OF THE ORIGINAL SECTIONAL DISTRICT MAP NO.2asP, C3-A CENTRAL BUSINESS-ARTISTSVILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE s?yaea_ C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SO SPECIFIC DEVELOPMENT ?AYTREVINO C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN E%ECUTIVE DIRECTOR PLANNING &BUILDING AGENCY CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT eenatace Date May 9, 2007 RES. IAA. IANX. NO. ORD. I RES. N0. ADOPTED DATE RES./AA. IANX.NO. 5267 5483 5779 -- 5922 7031 5926 6044 AA1037 AA 1065 AA99-4 AA03-3 A.A.13-2 ORD./RES. NO. NS-420 NS-500 NS-839 NS844 NS-1022 --------- NS-1043 NS-1193 90036 NS-2214 NS-2400 NS-2650 TED ADOPTEDDATE 12-7-59 2-2061 4-484 4-18-66 7-6-70 4-6-70 10-5-70 12-17-73 4-2-90 1-18-94 8-16-99 5-3-04 7-1-13 • - • PREPARED BY THE PLANNING DIVISION CITY OF SANTAANA, CALIFORNIA IVA T2"Cu REVISED 1125108 SPECIFIC DEVELOPMENT PLAN NO. 85 McFadden Place SECTION 1 - APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 85 for McFadden Place is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD No. 85 contains the specific standards and regulations contained in the Cl and/or Ml districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 - PURPOSE The Specific Development Plan No. 85 for McFadden Place consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 - Uses permitted in Specific Development No. 85 The following uses are permitted in the SD-85 district: (a) Retail and service uses (b) Professional, administrative and business offices (c) Gymnasiums (d) Restaurants, cafes and eating establishments, except drive through window service (e) The manufacture of products from raw or previously treated materials, excluding those uses specified in Section 41-489.5 of the SAMC (f) The assembly of products from raw or previously treated materials, excluding those uses specified in Section 41-489.5 of the SAMC (g) The packaging or distribution of previously prepared products or materials, excluding those uses specified in Section 41-489.5 of the SAMC (h) Wholesale establishments where the primary trade is business to business sale of products, supplies and equipment EXHIBIT B 1 of 4 75A-21 (i) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure 0) Sale of industrial products, supplies and equipment used for final product manufacture (k) Warehousing (1) Movie, photography, musical or video production studios SECTION 4 - Uses subject to a conditional use permit in Specific Development No. 85 (a) Outdoor and indoor recreation or entertainment uses other than those set forth in Section 41-365 of the SAMC (b) Indoor sports facilities (c) Wireless communication facilities (d) Eating establishments with drive through window service SECTION 5 - Minimum lot area in Specific Development No. 85 Lots shall have an area of at least 13 acres. SECTION 6 - Minimum street frontage in Specific Development No. 85 Lots shall have street frontage of at least 200 feet. SECTION 7 - Building height in Specific Development No. 85 No structure shall exceed 50 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 8 - Lot coverage in Specific Development No. 85 No more than 40 percent of the lot shall be covered by structures. SECTION 9 - Front yards in Specific Development No. 85 There shall be a front yard of not less than 20 feet from the street. SECTION 10 - Side yards in Specific Development No. 85 There are no side yard requirements, except that on corner lots the side yard adjacent to the street shall have a side yard of not less than 20 feet. 2 of 4 75A-22 SECTION 11- Rear yards in Specific Development No. 85 There are no side yard requirements, except that on corner lots the side yard adjacent to the street shall have a side yard of not less than 20 feet. SECTION 12 - Development standards in Specific Development No. 85 Lots in the SD No. 85 district shall comply with the following standards: (a) Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. (b) A landscaped planter not less than 10 feet in width is required along any property line that abuts any property which is neither zoned or has a general plan land use designation. (c) All storage, compounding, processing, packaging or assembly of products shall be conducted within a completely enclosed building. SECTION 13 - Parking standards in Specific Development No. 85 (a) Off-street parking shall comply with the standards set forth in sections 41-1300 through 41-1310 of the SAMC, with the exception of the uses identified below. (b) Parking for commercial uses shall be parked at a rate of one space per 350 square feet of gross floor area (c) Parking for industrial uses shall be parked at a rate of two spaces per 1,000 square feet of gross floor area SECTION 14 - Signage standards in Specific Development No. 85 Lots in the SD No. 85 district shall comply with the following standards: (a) Signage shall comply with the standards set forth in sections 41-850 through 41-1000 of the SAMC, with the exception of the standards identified below. (b) Six freeway oriented blade signs are permitted on the buildings located at 1411 Village Way (two on the building) and 1421-1427 Village Way. These blade signs shall not exceed seven feet in width and 16 feet in length. 3 of 4 75A-23 SECTION 15 - Landscape standards for Specific Development No. 85 In the SD No. 85 district, all yards shall be landscaped. The site shall comply with the following minimum requirements: (a) Front/side yard facing a street: (1) Two 24-inch box canopy trees. (2) All trees shall be double-staked. (3) Six five-gallon size shrubs and 10 one-gallon size herbaceous perennials/shrubs as a foundation planting. (4) Turf or acceptable dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well-rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Irrigation systems: (1) A pop-up sprinkler type irrigation system shall be provided for all yards (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (c) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (d) Maintenance: (1) All plant material shall be maintained per section 41-609 of the Santa Ana Municipal Code. WSpecific Developments\SD No.85 McFadden Place.052913 4 of 4 75A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: PUBLIC HEARING - RECOVERY OF UNCOLLECTED COSTS FOR ABATEMENT OF DANGEROUS AND ABANDONED BUILDINGS Y 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 Adopt a resolution affirming the Fiscal Year 2012-2013 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected Dangerous and Abandoned Building charge to the office of Auditor-Controller, County of Orange. DISCUSSION The City's Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and that harbor illegal activity. The abatements are accomplished by board-ups and/or demolition. Property owners are given 2 to 30 days depending on the severity of the hazardous conditions to abate the situation or the City, through its contractors, will perform the work. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous and abandoned properties. This year the outstanding charge for work performed on five parcels is $7,129.58 (Exhibit 1). The property owner names are provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor/Controller in order that they may be placed as a lien on the property tax rolls. Charges must be submitted to the County by their deadline of August 10, 2013. FISCAL IMPACT The recovered charge will result in an estimated $7,129.58 in the Special Repair and Demolition Fund account (no. 12115002-53507). APPROVED AS TO FUNDS AND ACCOUNTS: J". Trevino Executive Director Planning & Building Agency Francisco Gutierrez Executive Director Finance & Management Services Agency TWq SV: rb rb\reports\FY12-13 Cost Recovery Exhibit: 1. Parcel Assessment Amounts 2. Property Owner Listing 75B-1 AC621-05A - Form B2 Jurisdiction 061 Santa Ana Special Assessment Add Transactions Type of Tax CC=2 Date July 1, 2013 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 398-193-10 495.58 405-174-16 490.00 011-132-05 1972.00 405-272-16 1470.00 144-341-07 2702.00 TOTAL $7,129.58 DOC. NO.=AC62FORM REV:5/92 EXHIBIT 1 75B-2 PROPERTY OWNER LISTING FISCAL YEAR 2012-2013 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Michael M. Tribby $ 495.58 903 E. Stafford St. AP#398-193-10 5461 Kester Ave. #113 Sherman Oak, CA 91411 Stephen Kit-Chung Yuen $ 490.00 1521 W. Second St. AP#405-174-16 1725 W. Olona Honolulu, HI 96817 U.S. Bank, N.A. $1,972.00 805 E. Chestnut Ave. AP#011-132-05 4801 Frederica St. Owensboro, KY 42301 Kevin Pham $1,470.00 1401 N. Bristol St. AP#405-272-16 1401 N. Bristol Santa Ana, CA 92706 Jason Radwan $2,702.00 3312 W. First St. AP#144-341-07 P.O Box 3989 Mission Viejo, CA 92690 EXHIBIT 2 75B-3 75B-4 (ROH 07/01/13) RESOLUTION NO. 2013-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING OBJECTIONS TO AND CONFIRMING THE COSTS OF SECURING AND DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing and demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Planning and Building Agency has given notice as required by law, in which the 1St day of July, 2013, at the hour of 5:45 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objections by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Resolution No. 2013-xxx Page 1 of 5 75B-5 Section 3. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2013. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2013-2014 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this 1 st day of July, 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney Resolution No. 2013-xxx Page 2 of 5 75B-6 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-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on July 1, 2013. Date: Clerk of the Council City of Santa Ana Resolution No. 2013-xxx Page 3 of 5 75B-7 AC62L05A - Form B2 Jurisdiction 061 Santa Ana Special Assessment Add Transactions Type of Tax CC=2 Date July 1, 2013 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 398-193-10 495.58 405-174-16 490.00 011-132-05 1972.00 405-272-16 1470.00 144-341-07 2702.00 TOTAL $7,129.58 DOC. NO.=AC62FORM REV5/92 EXHIBIT 1 Resolution No. 2013-xxx Page 4 of 5 75B-8 PROPERTY OWNER LISTING FISCAL YEAR 2010-2011 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Michael M. Tribby $495.58 903 E. Stafford St. AP#398-193-10 5461 Kester Ave. #113 Sherman Oak, CA 91411 Stephen Kit-Chung Yuen $490.00 1521 W. Second St. AP#405-174-16 1725 W. Olona Honolulu, HI 96817 U.S. Bank, N.A. $1,972.00 805 E. Chestnut Ave. AP#011-132-05 4801 Frederica St. Owensboro, KY 42301 Kevin Pham $1,470.00 1401 N. Bristol St. AP#405-272-16 1401 N. Bristol Santa Ana, CA 92706 Jason Radwan $2,702.00 3312 W. First St. AP#144-341-07 P.O. Box 3989 Mission Viejo, CA 92690 EXHIBIT 2 Resolution No. 2013-xxx Page 5 of 5 75B-9 75B-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2012-2013 TY 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 Adopt a resolution affirming the Fiscal Year 2012-2013 Weed Abatement Program Report, and authorize the transmittal of uncollected weed abatement and posting charges to the Office of the Orange County Auditor-Controller. DISCUSSION The above recommended action is intended to initiate the legal process for collecting unpaid weed abatement and posting fees. These fees, when included in the property tax rolls, are payable with annual property taxes or when the property changes ownership. The Public Works Agency operates a year-round program to maintain private properties free of weeds and rubbish. City sanitation inspectors post properties notifying owners of unsightly or unsafe conditions and are provided a seven-day notice to clean premises. If not cleaned by the seventh day, a notice of abatement is posted and mailed indicating that the City will perform the abatement work through its contractor after 10 days. When posting a property a second time within 12 months for the same violation, the City assesses a posting charge. The property owner is notified of such charges and provided opportunity to submit payment. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs of posting violations and cleaning various parcels. This year, there is $26,916.67 in outstanding charges for parcels cleaned by the City contractor and posted by City crews (Exhibit 1). The most effective method of collection has been to submit these charges to the Office of the Orange County Auditor-Controller to be included in the property tax rolls. The County's deadline for inclusion is August 10, 2013. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 75C-1 Weed Abatement Public Nuisance Report FY 2012-2013 July 1, 2013 Page 2 of 2 FISCAL IMPACT After affirmation by the Council, the charges will be submitted directly to the Office of the Orange County Auditor-Controller for collection. The revenues collected will be deposited into the City's Sanitation Fund (Account No. 06817002-53710). The cost to the City to include these types of special assessment amounts to a minor administrative fee. APPROVED AS TO FUNDS AND ACCOUNTS: Al Raul Godinez II, Francisco Gutierrez Executive Director Executive Director 1 ` Public Works Agency Finance & Management Services Agency RG/PG Exhibit: 1. Resolution 75C-2 Exhibit 1 RESOLUTION NO. 2013-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT: MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the Executive Director of Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, a copy of which is on file with the Clerk of the Council and which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which sets forth the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Public Works Agency has given notice as required by law, that the 1St day of July, 2013, at the hour of 5:45 p.m. is fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Exhibit 1 is hereby made and confirmed as an assessment against such lots or parcels respectively, said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Iss6/4/13 75C-3 Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2013. Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2013-2014 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of , 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura S. Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Iss6/4/13 75C-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the 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: Clerk of the Council City of Santa Ana Iss6/4/13 75C-5 EXHIBIT 1 CITY OF SANTA ANA FISCAL YEAR 2012-2013 WEED ABATEMENT PROGRAM REPORT Jurisdiction: Santa Ana AC621-05A - FORM B2 Type of Tax: B8 Special Assessment Add Transactions Date: August 2013 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 PARCEL NUMBER 6-15 ASSESSMENT AMOUNT 16-23 001-275-07 697 398-193-10 594.16 002-261-06 58 398-291-08 59.58 003-120-44 117.58 398-441-31 59.58 007-052-16 58 398-471-07 1662.58 007-264-12 59.58 398-481-12 1689.16 008-091-08 986 398-484-11 59.58 008-142-27 59.58 398-522-18 59.58 008-144-02 571 398-533-07 475 010-170-01 58 403-144-09 59.58 010-293-01 59.58 405-152-12 655 010-295-12 59.58 405-163-10 59.58 011-132-05 2117 405-272-16 655 013-013-23 58 408-244-13 117.58 013-133-09 775 408-295-15 545 014-233-05 59.58 408-313-16 475 014-241-30 58 408-374-05 869.74 014-243-19 59.58 408-471-14 1357.58 015-113-17 59.58 410-381-06 59.58 016-104-17 58 412-154-01 475 100-242-10 1201 414-071-08 59.58 101-561-16 59.58 109-062-31 59.58 109-273-07 645 109-316-24 58 109-361-10 59.58 144-341-07 3059.58 198-091-55 1793.05 198-161-25 517.58 198-181-44 119.16 198-281-25 901.58 198-281-26 1055.58 396-282-22 604.58 396-372-33 412 396-433-09 177.16 398-122-01 58 I ss6/4/13 75C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: PUBLIC HEARING - 2013 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT z r.' ?f CITY MANAGER RECOMMENDED ACTION APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2Id Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2013 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. If the Council determines that no valid majority protest was lodged, adopt a resolution confirming the Assessment Report and levying the assessment for 2013. DISCUSSION At its meeting of June 17, 2013, the City Council approved the 2013 Assessment Report and budget for the Downtown Santa Ana Business Improvement District (BID). In addition, the City Council adopted a resolution of Intention to levy the 2013 assessment pursuant to California Streets and Highways Code section 35600 et seq., and scheduled the public hearing to consider protests to this action for its regular meeting of July 1, 2013. Individuals or representatives of businesses that are impacted by the 2013 annual BID assessment may present written and/or oral protests during this public hearing. If written protests are received from business owners within the Downtown Santa Ana Business Improvement District Area which will pay 50 percent or more of the proposed assessments per the formula and the protests are not withdrawn so as to reduce the number to less than 50 percent, the Council will be precluded from taking any action to levy the 2013 assessment. Any written protests filed and not withdrawn must be reviewed to determine if they meet certain qualifications; this review will include a comparison of names and business owners with official City records. If it is determined that less than a majority protest is filed, the adoption of the CLERK OF COUNCIL USE ONLY: 75D-1 PH - 2013 BID Levy July 1, 2013 Page 2 subject resolution will confirm the 2013 Assessment report for the BID and levy the assessments for 2013. Preparation and approval of the operating agreements would then follow. It is important to note that this public hearing is to determine whether or not to levy the BID assessment for calendar year 2013. The BID charge would be incorporated into the 2013 business license tax bill. The deadline for 2013 business license tax payment for the largest tax group in the Downtown was extended by the City Council to September 30, 2013 to allow for the consideration of the BID levy. Should the City Council approve the BID levy, the timing of consideration for the 2014 BID assessment would occur in Fall 2013 to allow the levy to be incorporated into the business license bills and proceed on normal billing cycles. Additional Background Information Information concerning the Santa Ana Downtown Business Improvement District was provided to the City Council at their meeting of June 17, 2013 (agenda item attached as Exhibit 1). In addition to a summary of the Downtown BID and reactivation activities to date, the agenda item included the 2013 Assessment Report which outlined the proposed budgets of Downtown, Inc (DTI) and the Santa Ana Business Council (SABC). Both DTI and SABC have provided descriptions of their organizations and a listing of their current boards of directors (Exhibits 2 and 3). Attached as Exhibit 4 is a sample of the letter that was sent via certified mail after the City Council meeting of June 17 to all businesses within the BID boundary informing them of the July 1 public hearing and describing their protest option. Exhibit 5 is a sample of the follow-up letter sent via regular mail to help insure that business owners were aware of and reviewed the material provided. Finally, the 2013 Assessment Report includes a description of the BID assessment formula, where certain business classifications are charged 0.25, 1 or 1.5 times their business license fee as their BID assessment. This formula was established in 1984. To ensure full understanding of how the assessment formula is applied to each business, attached as Exhibit 6 is a listing of all businesses which would be subject to the 2013 BID assessment showing which charge would apply to each business. FISCAL IMPACT If the recommended action is approved, there is no direct fiscal impact to the City. The City serves as a pass through for BID revenue in accordance with the Assessment Report and any approved operating agreements. If the recommended action is not approved and the BID is not reactivated by August 1, 2013, Downtown Inc. can enforce the Settlement and Release Agreement and require that the City establish the $189,000 "credit bank" for Downtown Inc. in accordance with the Settlement Agreement. 75D-2 PH - 2013 BID Levy July 1, 2013 Page 3 Sandra D. Gottlieb Acting Executive Director Community Development Agency SDG/LAO/MM/kg Exhibits 1. June 17, 2013 Request For Council Action 2. DTI Board Members 3. SABC Board Members 4. June 20, 2013 Sample Letter 5. Sample Follow Up Letter 6. List of Businesses Subject to BID Assessment 7. Resolution 8. Count of Protest letters received 75D-3 75D-4 Exhibit June 17, 2013 Request For Council Action 75D-5 75D-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: EXHIBIT 1 CLERK OF COUNCIL USE ONLY: JUNE 17, 2013 TITLE: DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT - INTENT TO LEVY ASSESSMENT FOR 2013 CITY MANAGER APPROVED ? As Recommended ? As Amended ? Ordinance on 1' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve the 2013 Assessment Report and budget for the Downtown Santa Ana Business Improvement District. 2. Adopt a resolution of intention to levy an annual assessment for 2013 and establish a time and place for a public hearing to be held by the City Council on July 1, 2013 to hear and consider all protests. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on June 4, 2013, by a vote of 5:2 (nays from Bist, Sandoval), the Community Redevelopment and Housing Commission: 1) found that the 2013 Downtown Santa Ana Business Improvement District Assessment Report complies with the California Streets and Highways Code §36533; 2) approved the 2013 Assessment Report; and 3) directed that the Acting Executive Director of the Community Development Agency file the 2013 Downtown Santa Ana Business Improvement District Assessment Report with the Clerk of the Council for City Council approval or modification. DISCUSSION The City Council, at its meeting of January 22, 2013, directed staff to undertake activities to allow consideration of reactivation of the Downtown Santa Ana Business Improvement District (BID). Since that time, staff has proceeded with activities necessary for reactivation. At this time, City Council action is required to initiate the next step in the process, which is to hold a public hearing on the 2013 BID levy. 12A-1 7-j;D-7 2013 BID Intent to Levy June 17, 2013 Page 2 Business Improvement District (BID) Backaround On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to State law, creating a Business Improvement District in Downtown Santa Ana. The BID was established as a means of providing the Downtown business community with a funding source for promoting the Downtown through events and advertising pieces, increasing the security presence, enhancing maintenance of the downtown shopping corridors and implementing street improvements to the area. The district is funded through a charge on the business license tax for those businesses within the BID boundary (Exhibit 1). Based upon a current analysis of business license tax accounts, there are now 783 active business license accounts within the BID boundary with 622 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, the district has been in suspension and BID assessments have not been levied on downtown businesses. In 2008, the City Council approved the establishment of the Downtown Santa Ana Community Management District, which is commonly referred to as the PBID. The PBID resulted in a levy on property owners rather than businesses. On February 4, 2013, the City Council adopted Ordinance No. NS-2842 repealing Article XX of Chapter 13 of the Santa Ana Municipal Code disestablishing the PBID. Concurrent with the elimination of the PBID, the City Council approved a Settlement and Release Agreement with Downtown, Inc. (DTI), related to their contract to administer PBID revenues. As part of the agreement, the City agreed to the following: To fund the Clean and Safe Program for the Downtown at $400,000 per year for three years. 2. That in the event the BID is reactivated, DTI would receive 50% of the BID revenues for programming (through January 31, 2016 if the BID charge is levied for the three year period). The City anticipated that the remaining 50% of the BID funds would be programmed by a new merchants group, the Santa Ana Business Council Inc. 3. That if the BID is not reactivated by August 1, 2013, City fees and charges for specified events would be charged against a $189,000 "credit bank" for an 18-month period or until the credit is exhausted. Business Improvement District (BID) Reactivation Activities to Date As directed by the City Council in January, staff has taken the following steps so that reactivation of the BID may be considered by the Downtown business community and the City Council: 1. Conducted a field investigation to confirm and update the list of businesses within the BID boundaries. Given that there are 622 businesses eligible to pay the BID charge, staff estimates that 2013 BID revenue would be $250,000 with the average annual assessment estimated to be $415. / UV_0 2013 BID Intent to Levy June 17, 2013 Page 3 2. Mailed a letter on March 25, 2013 to each business within the Downtown BID boundary providing background on the BID and information concerning the upcoming process for consideration of reactivation. 3. Posted "frequently asked questions" concerning the Downtown BID on the Community Development Agency webpage. 4. Met with business groups to ensure full understanding of the reactivation process and BID structure. Downtown Inc. and the Santa Ana Business Council hosted these informational meetings on June 4 and June 5, 2013. Representatives from approximately 21 businesses attended these informational meetings. 5. Worked with DTI and the Santa Ana Business Council on budget content and format. As shown in the 2013 Santa Ana Downtown BID Assessment Report (Exhibit 2), both organizations propose to focus on Downtown marketing efforts. This focus may be due largely to the fact that the City is obligated to contribute $400,000 to the Downtown Clean and Safe Programs for the next three years. The Community Redevelopment and Housing Commission (CRHC) was designated as the BID Advisory Board by the City Council in 2003. State law requires that there be an advisory board and that the board review and approve specific items. These items, including a description of the boundaries, the formula for the BID charge, and the budget for BID revenues, are contained as part of Exhibit 2. The CRHC considered the Assessment Report at their June 4, 2013 meeting and 1) found that it complied with State law; 2) approved the Report; and 3) directed that the Report be filed with the Clerk of the Council for City Council approval or modification. The vote at the CRHC was 5:2 with the two dissenting members concerned about reactivating the BID given the past controversy with the PBID. Remaining Actions Required for BID Reactivation Pursuant to State law, the actions proposed for City Council action at this time are: 1. Approval of the 2013 Assessment Report and budget for the Downtown BID; and 2. Adoption of a resolution of intention to levy the 2013 BID assessment and establishing July 1, 2013 as the date for the public hearing to consider protests and approve/deny the BID levy (Exhibit 3). If the City Council approves the recommended actions, staff will mail information to each business within the BID boundary providing notification of the July 1 public hearing date and the manner available to register protests, should a business owner elect to do so. At the public hearing, the City Council will hear and consider any protests. If business owners representing a majority of the total BID assessment protest, the BID levy will not occur and cannot be considered again for at least 12 months. If no majority protest occurs, the City Council may consider approval of the BID assessment for 2013. If the City Council approves the BID assessment, staff will also seek authority to finalize administrative contracts with DTI and Santa Ana Business Council to program the 2013 BID funds. 2013 BID Intent to Levy June 17, 2013 Page 4 It is important to note that the July 1 public hearing is to determine whether or not to levy the BID assessment for calendar year 2013. The BID charge would be incorporated into the 2013 business license tax bill. The deadline for 2013 business license tax payment for the largest tax group in the Downtown was extended by the City Council to September 30, 2013 to allow for the consideration of the BID levy. Should the City Council approve the BID levy, the timing of consideration for the 2014 BID assessment would occur in Fall 2013 to allow the levy to be incorporated into the business license bills and proceed on normal billing cycles. FISCAL IMPACT If the recommended action item is approved, there is no direct fiscal impact on the City. The City serves as a pass through for BID revenue in accordance with the Assessment Report and any approved operating agreements. If the recommended action is not approved and the BID is not reactivated by August 1, DTI can enforce the Settlement and Release Agreement and require that the City establish the $189,000 "credit bank" for Downtown Inc. in accordance with the Settlement Agreement. Sandra D ottlieb Acting Executive Director Community Development Agency SDG/LAO/MM/kg Exhibit: 1. Downtown BID Boundary Map 2. Assessment Report 3. Resolution Vt cn 3 -an O rD T3 i V EXHIBIT 1 FLOWER ST. a ? O a T ? ?D Z Z a m Fill ROSS ST, n T ('1 R T ? Q BIRCH ST a t C ?? J N m n O .z7 F-1 SYCAMORE ST. SYCAMORE S . H MAIN S T. BUSH ST. CvVPE5; O W O 1:1 E SPURGEON ST. s m Z C a = area vcE a = > FRENCH ST_ m 0 MORTIMER ST. 75D-12 EXHIBIT 2 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2013 ASSESSMENT REPORT Background On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36500, et seq., of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). The BID was established as a means of providing the Downtown business community with the funding to promote the Downtown through events and advertising pieces; funding to increase security and enhance the overall aesthetics of the area; and also to maintain the downtown shopping corridors. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service, and professional members (see Attachment A). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volumes of the business (see Attachment B). 2013 Budoet Plan Based on the feedback from the two Associations, the 2013 BID Budget focuses primarily on the continuation of promotions and marketing of the BID. Some of the promotion and marketing will be focused on Downtown events and advertising pieces; which are all designed to enhance the overall aesthetics of the area and also to maintain the downtown shopping corridors. Detailed breakdowns of the two groups' budgets are attached (Attachment C). The estimated assessments from the BID would Page 1 of 6 be $250,000 to be split evenly by Downtown Inc. and the Santa Ana Business Council Inc. -- the two business groups that have spearheaded this reactivation process. All revenues collected since the 2007 BID assessment have been expended and there are no surplus funds or deficits in this fiscal year. These two representative business associations are proposing to host a variety of major community events and promotions, including, but not limited to the following: • Sound Downtown/Restaurant Week ($10,000) • OC Pride ($5,000) • Day of the Dead ($5,000) • Patchwork ($10,000) • Downtown Santa Ana Film Festival ($5,000) • OC Fashion Week ($5,000) • Artwalk / Sidewalk sale (Spurgeon & 4th Street) ($2,000) • Valentine's Day ($1,000) • Spring Festival & St. Patrick's Day ($2,000) • Quinceanera Expo ($3,000) • Mother's Day ($8,000) • Father's Day ($1,000) • 4th of July ($3,000) • Art Fair ($2,000) • 16th & Film Festival ($5,000) • Lucha Libre & Halloween ($6,000) • Noche de Altares ($3,000) • Christmas ($4,000) Other programming for the associations will include funding for the Downtown Restaurant Association, Holiday promotions, website development and maintenance, and an artist retention program. Page 2 of 6 ATTACHMENT A rT cl) D ILA 50 3 O m 3 r-T v n r+ FLOWER ST y z i o ? > El co O m 0 c A N ROSS ST. T N 1 WKH ST. E 0 L N I"1 0 SYCAMORE ST. SYCAMORE S . N 1 F-1. MAIN ST, BUSH ST. SPURGEON ST. m > D ? FRENCH ST. fl MORTIMER 5T. b ATTACHMENT B 2013 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District (BID), classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one-quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses within the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. Page 4 of 6 ATTACHMENT C DOWNTOWN BUSINESS IMPROVEMENT DISTRICT PROPOSED BUDGETS SUMMARY 2013 OPERATING FUND REVENUE BID Assessments - current ........................................................ $250,000 Prior Year Carry Forward ............................................................$0 Total Revenue $250,000 Downtown Inc. ADMINISTRATION Overhead (Supplies, insurance, misc) ..................... ....$6,000* MARKETING Special Events Sound Downtown/Restaurant Week $10,000 OC Pride $5,000 Day of the Dead $5,000 Patchwork (2x) $10,000 Downtown Santa Ana Film Festival $5,000 OC Fashion Week $5,000 Other $12,000 Total .................................... ................... $52,000 Advertising (Print/Online) .................................................$57,000 OTHER PROGRAMMING Restaurant Association ....................................................$5,000 Artist Retention Program ...................................................$5,000 Page 5 of 6 Total $125,000 'Office Rent is being subsidized by a DTI Board member. Santa Ana Business Council Inc. ADMINISTRATION Overhead (Office rental, supplies, insurance, misc) ................$12,500 MARKETING Special Events ...............................................................$40,000 Artwalk / Sidewalk sale (Spurgeon & 4th Street) $2,000 Valentine's Day $1,000 Spring Festival & St. Patrick's Day $2,000 Quinceanera Expo $3,000 Mothers Day $8,000 Father's Day $1,000 4th of July $3,000 Art Fair $2,000 16th & Film Festival $5,000 Lucha Libre & Halloween $6,000 Noche de Altares $3,000 Christmas $4,000 Advertising (Print/Online) ................................................. $50,625 Newsletters .................................................................. . $8,750 Website & Social Media ....................................................$8,750 OTHER PROGRAMMING Holiday Promotions .........................................................$4,375 Total Total Expenditures $125,000 $250,000 Page 6 of 6 )96 - H EXHIBIT 3 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR THE YEAR 2013 Oxs 6-06-13) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. By Ordinance No. NS-1715, adopted February 6, 1984, the City Council of the City of Santa Ana established the Downtown Santa Ana Business Improvement Area pursuant to sections 36500 et seq. of the California Streets and Highways Code; and B. As provided in Ordinance No. NS-1715, the City Council is authorized to levy an assessment in the following amounts for the improvements and activities of the Downtown Santa Ana Business Improvement Area: (i) For amusement services, pawnbrokers, service stations, retail sales of goods, hotels, motels, theaters, food establishments: an assessment in an amount equal to one and one-half (1.5) the annual business license fee. (ii) For commercial and residential rental property: an assessment in an amount equal to one-fourth (0.25) the annual business license fee. (iii) For all other businesses: an assessment in an amount equal to the annual business fee. Section 2. The improvements and activities for which the assessment revenues may be used in the Downtown Santa Ana Business Improvement Area pursuant to Ordinance No. NS-1715 are as follows: (A) Decoration of any public place. (B) Promotion of public events. (C) Furnishing of music in any public place. Resolution No. 2013-XXX Page 1 of 3 -H (D) The general promotion of business activities. Section 3. The Downtown Santa Ana Business Improvement Area is located as shown on Attachment A, attached hereto and incorporated herein. Section 4. An assessment report is on file with the Clerk of the Council to which reference may be made for a full and detailed description of the improvements and activities to be provided for the year 2013, the boundaries of the area, and the proposed assessments to be levied upon the businesses within the area for the year 2013. Section 5. A public hearing shall be held by the City Council at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, California at its regular meeting of July 1, 2013 at 6:00 p.m. or as soon thereafter as the matter may be heard, for the purpose of determining whether to impose the above said assessment for the year 2013 for the improvements and activities described in the report. Section 6. At the public hearing, written and oral protests may be made in accordance with sections 36524 and 36525 of the California Streets and Highways Code. A protest may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. Every written protest shall be filed with the Clerk of the Council at or before the time fixed for the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. Section 7. 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 - it axs 6-06-13) APPROVED AS TO FORM: Sonia R. 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-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana ADOPTED this day of June, 2013. Resolution No. 2013-XXX Page 3 of 3 ATTACHMENT A TO RESOLUTION E FLOWER ST. t a ? T 'y O > Z? N <? D Ey] El g . to V1 ILA ROSS tST. n ri n 3 _ 1 H 5 p BIRCH ST. C TO 1 BROAD WAY = m n v PN'f SYCAMORE ST. SYCAMORE f , y l? MAIN ST. BUSH ST. CYPeESS D S SPURGEON ST. L m c S: z i c x 011ANGE x z D N 1 FRENCH ST. m e MORTIMER ST. Exhibit 2 DTI Board Members 75D-23 75D-24 EXHIBIT 2 Downtown Inc. 200 North Main St. 2°d Floor Santa Ana, CA 92701 714-547-6100 Downtown Santa Ana is the eclectic, urban experience where the independent spirit lives and thrives. Downtown Inc.'s mission is to encourage and promote sustainable development, revitalization and economic growth of Downtown Santa Ana through the responsible use of our human, natural, and financial resources. Current Board Members: Ryan Chase; property owner; East End Partners Gil Marrero; property owner; VOIT Real Estate Services; local resident Dennis Dascanio, property owner; local business owner Davin Gumm; property owner; local resident Joe Duffy; property owner; Truth Agency; local resident Mike Weisman; property owner; DGWB Irv Chase; property owner; S & A Management Chris Taylor; property owner Jon Gothold; property owner; DGWB; local resident Bob Stewart; property owner; Stewart Sound Mike Paxton; property owner; local resident David Price; local architect; urban planner Dan Bradley; owner, Memphis at the Santora Mike Mcgee; Cal State Fullerton; local resident Jose Romo; Executive Director; local merchant 75D-25 75D-26 Exhibit 3 SABC Board Members 75D-27 75D-28 EXHIBIT 3 Santa Ana Business Council Inc. 400 E. Fourth Street Santa Ana, CA 92701 The Santa Ana Business Council is a non-profit incorporation formed by local business people, property owners, and concerned citizens of Santa Ana with the intent to both restore and revitalize the Downtown while focusing on small business, heritage, culturally significant events, and family values. The diverse and multicultural business complexion of Downtown Santa Ana is what has made this area a vibrant hub of Orange County. The Santa Ana Business Council's on-going purpose is to promote the health and welfare of it's property and business owners so that the roots of the business community continue to thrive without the threat of mass marketing schemes by developers and urban planners. We strive to put the interest of Downtown back in the hands of business owners, their families, and their futures. Executive Officers: President: Adolfo Lopez Vice President: Raul Yanez Treasurer: Claudia Arellanes Executive Director / Secretary: Sara Escalante Current Board Members: Adolfo Lopez Barbara Desrochers Bobbie Rooker Claudia Arellanes Fina Chaves Herb Rose Jose Ceballos Ralph Allen Raul Yanez Robert Escalante Sam Romero Tom Jackson Walter Cha Arturo Arellanes Shawn Makhani 75D-29 75D-30 Exhibit 4 June 20, 2013 Sample Letter 75D-31 75D-32 MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinajero COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Vincent F. Sarmiento CITY OF SANTA ANA 20 CIVIC CENTER PLAZA P.O. BOX 1988 • SANTA ANA. CALIFORNIA 92702 June 20, 2013 «ATTN» «Mailing_Owner_Name» ((Mailing_Business_Name)) ((Mail Address)) «Mailing_City_State Zip» Dear Downtown Business Owner: EXHIBIT 4 Business License #: ((Business License_Nbr)) Assessment Type: ((Assessment Type)> Business Type: ((Business_Type)) Bid Rate: ((BID Rate)) Business Location: ((Business Location)) On June 17, 2013, the Santa Ana City Council adopted a resolution of intention to levy the 2013 Business Improvement District (BID) assessment and established a date for the public hearing to hear all protests and to approve/deny the reactivation of the BID. The City will be holding this Public Hearing at its July 1 st City Council Meeting at 5:45pm at: City Council Chamber 22 Civic Center Plaza Santa Ana, California 92702 If you support reactivation of the BID, you can state your position at the Public Hearing, indicate your support to the City Council, or take no additional formal action. If you do not support reactivation of the BID and wish to protest, a protest form is included in this mailing. Please follow the instructions on the form to submit a protest. If businesses representing a majority of the total BID assessment protest reactivation of the BID, the BID levy will not occur and cannot be considered again for at least 12 months. If no majority protest occurs, the City Council may approve the 2013 BID assessment. Also included is the BID Assessment Report containing BID background information, a BID boundary map, details on the BID assessment formula and the proposed budgets for the two business associations that are proposed to program the BID funds. Please note the formula and method for levying the assessment are unchanged since the last year (2007) the BID was active. Your BID assessment rate is listed at the top of this letter for reference. Additional BID information can be found on the City's website at http://www.ci.santa-ana.ca.us/cda/. If you have any questions, please contact the parties below: • Regarding business license tax assessment - Business Tax Office (714) 647-5447 / BusinessTax(a)santa-ana.orJc • Regarding reactivation of the BID - o Downtown, Inc. (714) 547-6100 o Santa Ana Business Council (949) 212-9933 o City of Santa Ana Economic Development Division (714) 647-5360 Thank you and we look forward to working with you during this process. Economic Development Division Community Development Agency INTERIM CITY MANAGER Kevin O'Rourke CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar 75D-33 18 de junio 2013 «ATTN» «Mailing_Owner_Name)> «Mailing_Business Name» ((Mail Address)) ((Mail i n g_C ity_S tate_Z i p» Licencia de Negocios #: «Business_License_Nbr» Tipo de tasacion: ((Assessment Type» Tipo de empresa: ((Business_Type» Cargo de BID: ((BID_Rate» Ubicacion de la empresa: ((Business_Location» Estimado Propietario de Negocio: El 17 de junio 2013, el Consejo de la Ciudad de Santa Ana adopto una resolucion del intento de la imposicion del cargo del Distrito de Mejoramiento de Negocios del Centro 2013 (BID) y establecio una fecha para Ilevara a cabo una Audiencia Publica para escuchar todas las protestas y para aprobar o negar la reactivacion del BID. La Ciudad Ilevara a cabo la Audiencia Publica en la junta del Consejo de la Ciudad el 1 de Julio 2013 a las 5:45pm en: City Council Chamber 22 Civic Center Plaza Santa Ana, California 92702 Si usted apoya la reactivacion del BID, usted puede dar su posicion en la Audiencia Publica, indicar su apoyo al Concejo de la Ciudad, o no tomar accion formal adicional. Si usted no apoya la reactivacion del BID y gusta protestar, una forma de protesta esta incluida en esta correspondencia. Por favor siga las instrucciones en la forma para presentar una protesta. Si negocios representando una mayoria del total del impuesto/cargo adicional del BID protestan reactivacion del BID, la imposicion del BID no ocurdra y no pods ser considerado nuevamente en los siguientes 12 meses. Si no ocurre una protesta de la mayoria, el Consejo de la Ciudad puede aprobar el impuesto/cargo adicional del BID 2013. Incluido esta el reporte del impuesto/cargo adicional del BID que contiene informacion de antecedentes del BID, un mapa de las fronteras del BID, detalles de la formula del cargo del BID, y el presupuesto propuesto para las dos asociaciones cuales estan propuestas para administrar los fondos del BID. Por favor tome en cuenta que la formula y metodo para imponer el cargo del BID no ha cambiado desde el ultimo ano en cual el BID estuvo activo (2007). Su cargo del BID esta localizado al principio de esta carta para su referencia. Informacion adicional del BID esta localizada en la pagina web de la Ciudad en,hftp://www.santa-ana.org/cda/. Si tiene preguntas por favor contacte a las agencias siguientes: • Impuestos de licencia de negocios - Business Tax Office (714) 647-5447 / BusinessTax a-)santa-ana.orq • Reactivacion del BID - o Downtown, Inc. (714) 547-6100 Santa Ana Business Council (949) 212-9933 City of Santa Ana Economic Development Division (714) 647-5360 Gracias y esperamos trabajar con usted durante este proceso. Economic Development Division Community Development Agency 75D-34 City of Santa Ana PROTEST FORM FOR 2013 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT ASSESSMENT «Mailing_Owner_Name» Business License #: «Business_License_Nbr>> «Mailing_Business Name» Assessment Type: «Assessment Type>> «Mail Address» Business Type: «Business_Type>> «Mailing_City_State_Zip>> BID Rate: «BID_Rate>> Business Location: oBusiness Location>> NOTE: The person submitting this protest must be the owner of the business referenced above. Please complete and submit this form to the Clerk of the Council during or prior to the public hearing scheduled for July 1, 2013. The Public Hearing will be held at 5:45pm at: City Council Chamber 22 Civic Center Plaza Santa Ana, California 92702 This form can be mailed to the Clerk of the Council at: 20 Civic Center Plaza, 8`h Floor, Santa Ana CA 92702; however, it must be received prior to the date of the hearing in order for the protest to be considered. ? I am protesting the assessment in its entirety. ? I am protesting the following specific types of improvement or activities: Print Name Signature Title Date 75D-35 City of Santa Ana FORMA DE PROTESTA PARA EL IMPUESTO/CARGO ADICIONAL-DEL DISTRITO DE MEJORAMIENTO DE NEGOCIOS DEL CENTRO 2013 (BID) «Mailing_Owner Name» Licencia de Negocios #: «Business_License_Nbm oMailing_Business_Name» Tipo de tasacion: <<Assessment Type» «Mail Address» Tipo de empresa: «Business_Type» «Mailing_City_State_Zip» Cargo de BID: <<BID_Rate>> Ubicacion de la empresa: «Business_Location» NOTA: La persona completando esta protesta necesita ser el dueno del negocio referenciado en formulario. Por favor complete y entregue esa forma a el Clerk of the Council durante o antes de la Audiencia Publica fechada para del 1 de julio 2013. La Audiencia Publica sera a las 5:45pm en: City Council Chamber 22 Civic Center Plaza Santa Ana, California 92702 Esta forma puede ser enviada al Clerk of the Council a: 20 Civic Center Plaza, 8th Floor, Santa Ana CA 92702, debe ser recibida antes de la fecha de la Audiencia Publica para que sea considerada esta protesta. ? Protesto el impuesto/cargo adicional por completo. ? Protesto los siguientes tipos de mejoramientos o actividades: Imprima Nombre y Apellido Firma Titulo Fecha 75D-36 Exhibit 5 Sample Follow Up Letter 75D-37 75D-38 MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinajero COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Vincent F. Sarmiento ((ATTN)) ((Mailing_Owner Name)> ((Mailing_Business Name)) ((Mail Address)) ((Maili ng_City_State_Zip)) Dear Downtown Business Owner: INTERIM CITY MANAGER Kevin O'Rourke CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar June 24, 2013 On June 20th, a certified letter from the City was sent to you detailing the next steps in the potential reactivation of Santa Ana Business Improvement District (BID). If you haven't done so, please take the time to review the letter in its entirety. A Public Hearing has been set on July 1St at 5:45pm at the City Council Chamber, 22 Civic Center Plaza, Santa Ana CA 92702. As stated in the previous letter, if you support reactivation of the BID, you can state your position at the Public Hearing, indicate your support to the City Council, or take no additional formal action. If you do not support reactivation of the BID and wish to protest, a protest form was included with the June 18th letter. If you feel that you did not receive this letter, you can also download a protest form and other pertinent BID information from the City's website at www.santa-ana.org/cda/BID.asp. If you have any questions, please contact the parties below: • Regarding business license tax assessment - Business Tax Office (714) 647-5447 / BusinessTax(a)santa-ana.org • Regarding reactivation of the BID - o Downtown, Inc. (714) 547-6100 o City of Santa Ana Economic Development Division (714) 647-5360 o Santa Ana Business Council (949) 212-9933 Thank you and we look forward to working with you during this process. Si necesita que se le traduzca esta carta, favor de Ilamar al 794-647-5360. Economic Development Division Community Development Agency i ? CITY OF SANTA ANA 20 CIVIC CENTER PLAZA P.O. BOX 1988 • SANTA ANA. CALIFORNIA 92702 7501-39 75D-40 Exhibit 6 List of Businesses Subject to BID Assessment 75D-41 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate I% of 100% Total) 1 PEP BOYS, THE-MANNY/MOE/JACK 120 E 1ST ST UNIT# A Yes Yes 1.5 0.677697% 2 PEP BOYS, THE-MANNY/MOE/JACK 120 E 1ST ST UNIT# B Yes Yes 1 0.363411% 3 DEMIR INVESTMENTS, INC. 202 E 1ST ST Yes Yes 1 0.251744% 4 NUNEZ AUTO REPAIR 219 E 1ST ST Yes Yes 1 0.131396% 5 ABBA AUTOMOTIVE, LLC 224 E 1ST ST Yes Yes 1 0.142839% 6 PURPLE PENUMBRA LLC 224 E 1ST ST Yes Yes 0.25 0.017658% 7 MCDONALDS RESTAURANT 301 E 1ST ST Yes Yes 1.5 0.965348% 8 MCDONALD'S USA LLC 301 E 1ST ST Yes Yes 0.25 0.045377% 9 G S C PRESTON, LLC 302 E 15T ST Yes Yes 0.25 0.016770% 10 1 & R AUTO GLASS 302 E 1ST ST Yes Yes 1 0.048928% 11 SPORT PLUS 307 E 1ST ST Yes Yes 1.5 0.262201% 12 ROIC SANTA ANA, LLC (301, 307, 407, 419, 423, 431) 307 E 15T ST Yes Yes 0.25 0.131199% 13 GUADALUPANA MEDICAL GROUP 307 E 1ST ST UNIT# 1C Yes Yes 1 0.089570% 14 JUGOS ACAPULCO 307 E 1ST ST UNIT# B Yes Yes 1.5 0.388270% 15 TERI CIGAR CO 310 E 1ST ST Yes Yes 1.5 0.147377% 16 KALI BOTANICA LATINA 312 E 1ST ST Yes Yes 1 0.055242% 17 TELEMAX TV 314 E 1ST ST Yes Yes 1.5 0.091741% 18 FOOD 4 LESS 382 315 E 1ST ST Yes Yes 1.5 4.835027% 19 ACE AUTO CARE, LLC. 401 E 1ST ST Yes Yes 1 0.125083% 20 PAYLESS SHOE SOURCE #1011 407 E 1ST ST Yes Yes 1.5 0.300673% 21 DON ROBERTO JEWELERS 407 E 1ST ST UNIT# 2D Yes Yes 1.5 0.255690% 22 PROCESSING CENTER OF ORANGE COUNTY / VIGO 407 E 1ST ST UNIT# 2E Yes Yes 1 0.092727% 23 ILUSION SANTA ANA 407 E 1ST ST UNIT# 2F Yes Yes 1.5 0.079903% 24 TACO BELL #3434 411 E 1ST ST Yes Yes 1.5 0.480011% 25 FAMSA INC 419 E 1ST ST Yes Yes 1.5 0.301714% 26 MARSHALLS #1220 419 E 1ST ST Yes Yes 1.5 0.168329% 27 MICRO COMPUTERS 200 W 1ST ST UNIT# 104 Yes Yes 1.5 0.085230% 28 RODAS DULCERIA 200 W 1ST ST UNIT# 105 Yes Yes 1.5 0.098843% 29 96 CENT PLUS DISCOUNT STORE 200 W 1ST ST UNIT# 106 Yes Yes 1.5 0.111864% 30 PROFESSIONAL SERVICES CENTER 210 W 1ST ST Yes Yes 1 0.083652% 31 GONZALEZ AUTO INSURANCE SVCS 210 W 1ST ST Yes Yes 1 0.126661% 32 ELAN ENTERPRISES INC 210 W 1ST ST Yes Yes 0.25 0.044095% 33 BROADWAY FAMILY DENTISTRY 210 W 1ST ST Yes Yes 1 0.089570% 34 NUTRICION TOTAL 210 W 1ST ST UNIT# 107 Yes Yes 1.5 0.226589% 35 OMALEXA'S BEAUTY SALON 210 W 1ST ST UNIT# 108 Yes Yes 1 0.078502% 36 MOBIUS PRINT & SIGNS 210 W 1ST ST UNIT# 109 Yes Yes 1.5 0.199036% 37 SOSA, SILVERIA 210 W 1ST ST UNIT# 109 Yes Yes 1 0.028410% 38 ANTOJITOS CLEMENTE 210 W 1ST ST UNIT# 111 Yes Yes 1.5 0.136131% 39 COMERCIAL NUTRITION MEXICANA 210 W 1ST ST UNIT# 112-11 Yes Yes 1.5 1.255367% 40 ZENITY ZONE THERAPY 210 W 1STST UNIT# 212 Yes Yes 1 0.094404% 41 PELAYO, BIANCA 210 W 1STST UNIT# 212 Yes Yes 1 0.028410% 42 DINH, MY HOA 210 W 1ST ST UNIT# 212 Yes Yes 1 0.028410% 43 TU CENTRO MOBILE 220 W 1ST ST UNIT# 101 Yes Yes 1.5 0.309511% 44 ADOBE MEDICAL GROUP, INC. 220 W 1ST ST UNIT# 102 Yes Yes 1 0.138499% 45 828 PHO 220 W 1ST ST UNIT# 103 Yes Yes 1.5 0.153296% 46 BROADWAYARCO/AFGHANI FAMILY 302 W 1ST 5T Yes Yes 1.5 1.123379% 47 MYERS, GARY L(+101 S BIRCH ST) 310 W 1ST ST Yes Yes 0.25 0.014304% 48 CASTELLON,ALFREDO 312 W SST ST Yes Yes 1 0.028410% 49 SANTA ANA SENIOR HOUSING LP 401 W 1ST ST Yes Yes 0.25 0.202421% 50 TEKCHANDANI, NARAIN (#F201) 601 W 1ST ST Yes Yes 0.25 0.008188% 51 GONZALEZ, ALFONSO/ALICIA(F105) 601 W 1ST ST Yes Yes 0.25 0.008188% 52 W U, HONG 601 W 1ST ST UNIT# F204 Yes Yes 0.25 0.008188% 53 KIMBERLY ANNE LLC 611 W 1ST ST UNIT# E102 Yes Yes 0.25 0.008188% 54 QIAO, U 611 W 1ST ST UNIT# E103 Yes Yes 0.25 0.006191% 55 SADEGHI, MITRA & AALAM 611 W 1ST ST UNIT# E202 Yes Yes 0.25 0.008188% 56 ANDRA, KISHORE V 611 W 1ST ST UNIT# E203 Yes Yes 0.25 0.008188% 57 WU, HONG 611 W 1ST 5T UNIT# E204 Yes Yes 0.25 0.008188% 58 DAMANIA, MANEK 611 W 1ST ST UNIT# E205 Yes Yes 0.25 0.008188% 59 GAO, QUANYIN & YANG, ZUIRONG 621 W 15T ST UNIT# D102 Yes Yes 0.25 0.008188% 60 GO PRINTING AND SHIPPING CENTER 104 W 2ND ST Yes Yes 1 0.344353% 61 RUNNING WITH SCISSORS HAIR STUDIO 106 W 2ND ST Yes Yes 1 0.078502% 62 ROBBINS NEST WINE BAR & BISTRO 207 W 2ND ST UNIT# B Yes Yes 1.5 0.150218% 63 LOLA GASPAR 211 W 2ND ST Yes Yes 1.5 0.563465% 64 THE COURT AT ARTISTS VILLAGE 300 W 2ND ST Yes Yes 0.25 0.198475% 65 GOST BRAND 300 W 2ND ST UNIT# 463 Yes Yes 1 0.049323% 66 ADRIANA'S HAIR STUDIO 103 E 3RD ST Yes Yes 1 0.014205% 67 MR. MEDIA 208 E 3RD ST Yes Yes 1.5 0.104170% 6/26/2013 (Subject to Update thru July, 1, 2013) 75D-42 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate I% of 1001A Total) 68 BUTTERFIELD, LEE C / FESTIVAL 210 E 3RD ST Yes Yes 0.25 0.022294% 69 TAPIA, CANDELARIO 216 E 3RD ST Yes Yes 1 0.012232% 70 FESTIVAL HALL 220 E 3RD ST Yes Yes 1.5 0.227280% 71 FESTIVAL HALL 220 E 3RD ST Yes Yes 1 0.066290% 72 SANDY'S BEAUTY SALON 305 E 3RD ST Yes Yes 1 0.059582% 73 ROMYS BEAUTY SALON & SUPPLY 109 W 3RD ST Yes Yes 1 0.061950% 74 ASAHI, EILEEN 150 W 3RD ST Yes Yes 0.25 0.008188% 75 COM PAX 170 W 3RD ST Yes Yes 1 1.134427% 76 CALIFORNIA TEAM REALTY 190 W 3RD ST Yes Yes 1 0.231226% 77 PARKING CONCEPTS, INC. 201 W 3RD ST Yes Yes 1 0.188611% 78 DOWNTOWN SUGAR 218 W 3RD ST Yes Yes 1 0.078502% 79 TOOTSIE ICE CREAM 307 W 3RD ST Yes Yes 1.5 0.186401% 80 ACE MESSENGER & ATTORNEY SERVICE 310 W 3RD ST Yes Yes 1 0.078917% 81 MY OFFICE 310 W 3RD ST Yes Yes 1 0.056031% 82 UNITED TRAINING & TESTING 315 W 3RD ST Yes Yes 1 0.189049% 83 HARRIS TAYLOR MANAGEMENT INC 315 W 3RD ST Yes Yes 1 0.158228% 84 EAST SECOND STREET LLC 315 W 3RD ST Yes Yes 1 0.118375% 85 MASONRY FIREPLACE INDUSTRIES, LLC 315 W 3RD ST Yes Yes 1 0.063133% 86 LAW OFFICES OF LOIDA D TELLEZ 31S W 3RD ST Yes Yes 1 0.089570% 87 LAW OFFICES OF CHRISTOPHER P. RUIZ 315 W 3RD ST Yes Yes 1 0.283311% 88 WMC INSURANCE SERVICES 322 W 3RD ST Yes Yes 1 0.497175% 89 INTEGRITY ADVISORS 322 W 3RD ST Yes Yes 1 0.072603% 90 PMN INSURANCE SERVICES, LLC. 322 W 3RD ST Yes Yes 1 0.054847% 91 C & S INTERGRATED INSURANCE SERVICES, INC. 322 W 3RD ST Yes Yes 1 0.067868% 92 PREFERRED PRODUCERS INSURANCE SERVICES, LLC. 322 W 3RD ST Yes Yes 1 0.060766% 93 PACIFIC DIAMOND INSURANCE SERVICES, LLC. 322 W 3RD 5T Yes Yes 1 0.152704% 94 BETA HOLDINGS LLC 322 W 3RD ST Yes Yes 0.25 0.023675% 95 HEZARKHANI, MAJID M & ATOUSA 600 W 3RD ST UNIT# A103 Yes Yes 0.25 0.008188% 96 BADHEKA, MADHUKAR & MARILYN 600 W 3RD ST UNIT# A104 Yes Yes 0.25 0.008188% 97 NGUYEN, JULIE 600 W 3RD ST UNIT# A-105 Yes Yes 0.25 0.008188% 98 CHO, SUNG HWAN 600 W 3RD ST UNIT# A111 Yes Yes 0.25 0.008188% 99 OLAR INVESTMENTS 600 W 3RD ST UNIT# A113 Yes Yes 0.25 0.008188% 100 CERRUTI-TIPITTO, PATRICIA 600 W 3RD ST UNIT# A118 Yes Yes 0.25 0.008188% 101 MINI MAX GROUP LLC 600 W 3RD ST UNIT# A202 Yes Yes 0.25 0.008188% 102 DEJ-PANAH, FARIDEH 600 W 3RD ST UNIT# A203 Yes Yes 0.25 0.008188% 103 GONZALEZ, RITA 600 W 3RD ST UNIT# A206 Yes Yes 0.25 0.008188% 104 J K L VICTORVILLE LLC 600 W 3RD ST UNIT# A210 Yes Yes 0.25 0.008188% 105 MAHTANI 2011 600 W 3RD ST UNIT# A212 Yes Yes 0.25 0.008188% 106 LABRA, CLAUDIO (#A216) 600 W 3RD ST UNIT# A216 Yes Yes 0.25 0.008188% 107 FTI HOLDINGS, INC. (#A218/B109/B116/B306) 600 W 3RD ST UNIT# A218 Yes Yes 0.25 0.017362% 108 KATO, MAKOTO MARK (#201-B) 600 W 3RD ST UNIT# A219 Yes Yes 0.25 0.008188% 109 CORDOVA, MARIANO (#A219) 600 W 3RD ST UNIT# A219 Yes Yes 0.25 0.008188% 110 TEKCHANDANI, NARAIN (#B104) 600 W 3RD ST UNIT# A219 Yes Yes 0.25 0.008188% 111 PRAM, THOMAS 600 W 3RD ST UNIT# A305 Yes Yes 0.25 0.008188% 112 CREEK ROSEDALE LLC 600 W 3RD ST UNIT# A306 Yes Yes 0.25 0.008188% 113 SYCAMORE HOLDINGS, LLC 600 W 3RD ST UNIT# A308 Yes Yes 0.25 0.008188% 114 DESAI M V (#A330/C205) 600 W 3RD 5T UNIT# A310 Yes Yes 0.25 0.011246% 115 HONLYNX CAPITAL, LLC 600 W 3RD ST UNIT# A311 Yes Yes 0.25 0.008188% 116 HECTOR & ELVA CORTES 600 W 3RD ST UNIT# A313 Yes Yes 0.25 0.008188% 117 MATINPOUR FAMILY TRUST 600 W 3RD ST UNIT# A318 Yes Yes 0.25 0.006191% 118 SAN JUAN INVESTMENT CO., LLC (B306/B212) 600 W 3RD ST UNIT# 8106 Yes Yes 0.25 0.011246% 119 JIANG, YIHAI/SHI, RU 600 W 3RD ST UNIT# B108 Yes Yes 0.25 0.008188% 120 GEMS HOLDING INVESTMENT LLC 600 W 3RD ST UNIT# 8113 Yes Yes 0.25 0.008188% 121 GEMS HOLDING INVESTMENT LLC 600 W 3RD ST UNIT# 8113 Yes Yes 0.25 0.008188% 122 HITCHENS, DEAN AND MARIA 600 W 3RD ST UNIT# 8314 Yes Yes 0.25 0.008188% 123 WU, HONG (A122/A304/8208/C302) 600 W 3RD ST UNIT# 8208 Yes Yes 0.25 0.017362% 124 YANG, JENNY & YINGER, QIANG 600 W 3RD ST UNIT# 8213 Yes Yes 0.25 0.008188% 125 YANG, TONY/HOU, NANCY 600 W 3RD ST UNIT# B217 Yes Yes 0.25 0.008188% 126 PACIFIC HEIGHT HOLDING CO., LLC 600 W 3RD ST UNIT# B221 Yes Yes 0.25 0.008188% 127 NGUYEN, VIET & VO, YVONNE 600 W 3RD ST UNIT# 8302 Yes Yes 0.25 0.008188% 128 DETMERS, ERNEST 1 & MORALES,V 600 W 3RD ST UNIT# 8304 Yes Yes 0.25 0.008188% 129 TESSER, PABLO JOSE (#312-B) 600 W 3RD ST UNIT# 8310 Yes Yes 0.25 0.008188% 130 SHEN, EDWARD TTRUSTEE 600 W 3RD ST UNIT# 8314 Yes Yes 0.25 0.011246% 131 TAING, WILLIAM 600 W 3RD ST UNIT# C101 Yes Yes 0.25 0.006191% 132 MINI MAX GROUP LLC 600 W 3RD ST UNIT# C104 Yes Yes 0.25 0.008188% 133 HONLYNX CAPITAL LLC 600 W 3RD ST UNIT# C202 Yes Yes 0.25 0.008188% 134 JIANG, YAHAI 600 W 3RD ST UNIT# C206 Yes Yes 0.25 0.008188% 6/26/2013 (Subject to Update thru July, 1, 2013) 75D-43 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate (% of 100% Total) 135 KHORRAM, SHANIA/JAFERKHAN1, MEHRI 600 W 3RD ST UNIT# C207 Yes Yes 0.25 0.008188% 136 AZVES LLC 600 W 3RD ST UNIT# C304 Yes Yes 0.25 0.008188% 137 PRIMAVERAS BRIDAL 102 E 4TH ST Yes Yes 1.5 0.101400% 138 MY CELLULAR 102 E 4TH ST Yes Yes 1.5 0.085822% 139 ACAPULCO TRAVEL 102 E 4TH ST Yes Yes 1 0.174011% 140 JOYERIA ACAPULCO 102 E 4TH ST UNIT# 2ND FL Yes Yes 1.5 0.096476% 141 VALNER SERVICES 102 E 4TH ST UNIT# 2ND FL Yes Yes 1 0.146390% 142 VALNER INSURANCE SERVICES, INC. 102 E 4TH ST UNIT# 2ND FL Yes Yes 1 0.076549% 143 YANEZ, RAUL 102 E 4TH ST UNIT# 2ND FL Yes Yes 0.25 0.017559% 144 DENTAL 102 E 4TH ST UNIT# 2ND FL Yes Yes 1 0.114429% 145 RANCHO DE MENDOZA 104 E 4TH ST Yes Yes 1.5 0.305408% 146 TAVISTOCK INVESTMENTS 104 E 4TH ST Yes Yes 0.25 0.030778% 147 RASPADOS EL SUR 104 E 4TH ST UNIT# 8-PE Yes Yes 1.5 0.243853% 148 FRUTAS LA PLACITA 104 E 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 149 TOPA FINANCIAL CORPORATION 106 E 4TH ST Yes Yes 0.25 0.046955% 150 RHODES JEWELRY & LOAN 106 E 4TH ST Yes Yes 1.5 0.487705% 151 NANA FASHION 108 E 4TH ST Yes Yes 1.5 0.160398% 152 YANEZ, RAUL & GILDA 108 E 4TH ST Yes Yes 0.25 0.026536% 153 ANTIQUE TIME 110 E 4TH ST Yes Yes 1 0.058004% 154 HOLIDAY TRAVEL &TOURS 110E4THST Yes Yes 1 0.087598% 155 NANA FASHION 110 E 4TH ST Yes Yes 1.5 0.198870% 156 NATURA-MED 110 E 4TH ST UNIT# 104 Yes Yes 1.5 0.085822% 157 IRMA SALON 110 E 4TH ST UNIT# 205 Yes Yes 1 0.061160% 158 VERONICA'S BRIDAL 110 E 4TH ST UNIT# 207 Yes Yes 1.5 0.091149% 159 LA ZAPATERIA MEXICO 112 E 4TH ST Yes Yes 1.5 0.166317% 160 R & Q ENTERPRISES, LLC 112 E 4TH ST Yes Yes 0.25 0.019335% 161 SEGURA JEWELRY REPAIR 112 E 4TH ST UNIT# 200 Yes Yes 1 0.054058% 162 BELINDA'S BRIDAL SHOP 114 E 4TH ST Yes Yes 1.5 0.087598% 163 TELAS FABRIC 114 E 4TH ST Yes Yes 1 0.086808% 164 TELAS FABRIC 114 E 4TH ST Yes Yes 0.25 0.013416% 165 BANDOLERO WESTERN WEAR, INC. 116 E 4TH ST Yes Yes 1.5 0.107129% 166 C.W. CELLULAR 116 E 4TH ST Yes Yes 1.5 0.138499% 167 ALVAREZ CHECK CASHING 116 E 4TH ST Yes Yes 1 0.095884% 168 CEBALLOS, JOSE/AURORA 116 E 4TH ST Yes Yes 0.25 0.017066% 169 E.S. DOCUMENT SERVICES 116 E 4TH ST UNIT# F Yes Yes 1 0.048928% 170 RUIZ PAWN SHOP 118 E 4TH ST Yes Yes 1.5 0.487705% 171 BEAUTY SALON NUEVO GUADALAJARA 118 1/2 E 4TH ST Yes Yes 1 0.122321% 172 LA MODA 120 E 4TH ST Yes Yes 1.5 0.140866% 173 YANEZ, RAUL (318 N BUSH) 120 E 4TH ST Yes Yes 0.25 0.008681% 174 BLENDS 200 E 4TH ST Yes Yes 1.5 0.309511% 175 ROSALIA JEWELRY 201 E 4TH ST Yes Yes 1.5 0.204659% 176 FIESTA LUGGAGE & PARTY SUPPLY 201 E 4TH ST Yes Yes 1.5 0.309511% 177 MARY PAZ JEWELRY 201 E 4TH ST Yes Yes 1.5 0.309511% 178 FIESTA CAMERA & PHOTO 201 E 4TH ST Yes Yes 1 0.069841% 179 ILUSIONES BRIDAL 201 E 4TH ST Yes Yes 1.5 0.102394% 180 EL RANCHO RESTAURANT 201 E 4TH ST UNIT# 101 Yes Yes 1.5 0.092924% 181 KID AVENUE 201 E 4TH ST UNIT# 109 Yes Yes 1.5 0.126661% 182 SANTA ANA FORTUNE TELLER 201 E 4TH ST UNIT# 109 Yes Yes 1 0.057215% 183 FIESTA COSMETICS & BEAUTY SPLY 201 E 4TH ST UNIT# 109 Yes Yes 1.5 0.136131% 184 FIESTA MARKETPLACE PARTNERS 201 E 4TH ST UNIT# 109 Yes Yes 0.25 0.029890% 185 CENTRO DE SALUD NATURAL 201 E 4TH ST UNIT# 112 Yes Yes 1.5 0.091741% 186 HAPPY TOYS 201 E 4TH ST UNIT# 15 Yes Yes 1.5 0.146193% 187 CAREER COLLEGE OF CALIFORNIA 201 E 4TH ST UNIT# 200 Yes Yes 1 0.507829% 188 RIVAS FOOD 202 E 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 189 DENIS CLARKE DBA SOURCE BOOKS 204 E 4TH ST UNIT# 0 Yes Yes 1 0.054058% 190 ARQUITECTURA LATINOAMERICANA 204 E 4TH ST UNIT# B Yes Yes 1 0.052874% 191 BOBBY'S SKIN CARE CLINIC 204 E 4TH ST UNIT# D Yes Yes 1 0.080890% 192 CLUB DE NUTRICION DE HERBALIFE 204 E 4TH ST UNIT# G Yes Yes 1.5 0.095884% 193 LAW OFFICES OF SIGRID CARLSON 204 E 4TH ST UNIT# J Yes Yes 1 0.081284% 194 ALL ACTION WEST SECURITY SERVICES 204 E 4TH ST UNIT# M Yes Yes 1 0.059582% 195 COLORWAYSTUDIOS 204 E 4TH ST UNIT# N Yes Yes 1 0.068658% 196 PACHANGA DJ, INC. 210 E 4TH ST Yes Yes 1.5 0.178154% 197 THE VAPOR LAIR 210 E 4TH ST UNIT# B Yes Yes 1.5 0.174958% 198 AL'S SHOP 216 E 4TH ST Yes Yes 1.5 0.171052% 199 PHOUNSACK CHANTHAPANY 216 E 4TH ST Yes Yes 0.25 0.013810% 200 CINCO ESTRELLAS SERVICES 216 E 4TH ST UNIT# A Yes Yes 1 0.203495% 201 TOPAZ JEWELRY REPAIR 216 E 4TH ST UNIT# B Yes Yes 1 0.056031% 6/26/2013 (Subject to Update thru July, 1, 2013) 75D-44 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate I% of 100% Total) 202 STYLE WORLD 219 E 4TH ST Yes Yes 1.5 0.327899% 203 FAINBARG, ALLAN TR 219 E 4TH ST Yes Yes 0.25 0.023971% 204 RIVAS FOOD 219 E 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 205 SMART HISPANIC SERVICES 220 E 4TH ST Yes Yes 1 0.247798% 206 FIESTA IMPERIAL 220 E 4TH ST UNIT# 101 Yes Yes 1.5 0.178154% 207 GALES B TEEN 220 E 4TH ST UNIT# 101A Yes Yes 1.5 0.083454% 208 THE PLAYGROUND 220 E 4TH ST UNIT# 102 Yes Yes 1.5 0.371698% 209 MOYA'S BAKERY 220 E 4TH ST UNIT# 105 Yes Yes 1.5 0.120743% 210 TOUGH TIMEZ APPAREL 220 E 4TH ST UNIT# 107 Yes Yes 1.5 0.039064% 211 CARRETONES FIESTA 220 E 4TH ST UNIT# PASEO Yes Yes 1.5 0.099435% 212 STTERESA'S CATHOLIC GIFT SHOP 300 E 4TH ST Yes Yes 1.5 0.148561% 213 LA REYNA DE MICHOACAN 300 E 4TH ST Yes Yes 1.5 0.102394% 214 RANGEL, RAYMOND (300-308) 300 E 4TH ST Yes Yes 0.25 0.026930% 215 LA NUEVA REYNA DE MICHOACAN 300 E 4TH ST Yes Yes 1.5 0.243853% 216 LA PIZZA LOCH, INC 300 E 4TH ST UNIT# 103 Yes Yes 1.5 0.244444% 217 KV SPORTS & SHOES 300 E 4TH ST UNIT# 105 Yes Yes 1.5 0.111273% 218 EXPRESS TAX SERVICE 300 E 4TH ST UNIT# 105 Yes Yes 1 0.054453% 219 R & R SPORTW EAR 300 E 4TH ST UNIT# 106 Yes Yes 1.5 0.223137% 220 LA FIESTA SHOES / BOOST MOBILE 300 E 4TH ST UNIT# 107 Yes Yes 1.5 0.125478% 221 TAQUERIAS GUADALAJARA #4 305 E 4TH ST Yes Yes 1.5 0.293570% 222 FIESTA TWIN THEATRES 305 E 4TH ST Yes Yes 1.5 0.298305% 223 FIESTA MARKETPLACE PARTNERS 305 E 4TH ST Yes Yes 0.25 0.033540% 224 THEMGOODS DISTRIBUTION 305 E 4TH ST UNIT# 103 Yes Yes 1.5 0.309511% 225 AT&T AUTHORIZED RETAILER 305 E 4TH ST UNIT# 104 Yes Yes 1.5 0.156255% 226 THE ORIENT EXPRESS 305 E 4TH ST UNIT# 105 Yes Yes 1.5 0.095884% 227 CODI THE RECK, INC. 305 E 4TH ST UNIT# 106 Yes Yes 1.5 0.112456% 228 ROBERTO'S SHOE REPAIR 308 E 4TH ST Yes Yes 1 0.061555% 229 VIAJES MEXICO 310 E 4TH ST Yes Yes 1 0.189049% 230 TORTAS JUGOS 312 E 4TH ST Yes Yes 1.5 0.286475% 231 QUERETARO CASTING & DESIGNER 312 E 4TH ST Yes Yes 1.5 0.102986% 232 CATANO INSURANCE BROKERS 312 E 4TH ST UNIT# A Yes Yes 1 0.074971% 233 AB COMPUTERS 312 E 4TH ST Unit# B Yes Yes 1.5 0.084638% 234 CEBALLOS, JOSE 314 E 4TH ST Yes Yes 0.25 0.016375% 235 CHARLES FIESTA INCOME TAX NOTARY 314 E 4TH ST UNIT# B Yes Yes 1 0.049718% 236 CHARLIE FIESTA & INCOME TAX NOTARY SERVICES 314 E 4TH ST UNIT# B Yes Yes 1.5 0.094700% 237 CHARLIE'S TATTOO SUPPLIES & BODY JEWELRY 316 E 4TH ST Yes Yes 1.5 0.114232% 238 FIESTA MARKETPLACE PARTNERS II 316 E 4TH ST Yes Yes 0.25 0.019433% 239 DAME ELEGANTE 318 E 4TH 5T Yes Yes 1.5 0.088189% 240 AMERICAN BARBER SHOP 320 E 4TH ST UNIT# A Yes Yes 1 0.054847% 241 MEGA INDUSTRIES INC 400 E 4TH ST Yes Yes 1.5 0398924% 242 NORTHGATE MARKET #8 409 E 4TH ST Yes Yes 1.5 3.860801% 243 NORTHGATE FINANCIAL 409 E 4TH ST Yes Yes 1 0.160990% 244 GON-REY LP 409 E 4TH ST Yes Yes 0.25 0.047449% 245 MERCADO, LYDIA MAE 410 E 4TH ST Yes Yes 0.25 0.008188% 246 SAN JUAN INVESTMENT CO. LLC (133/134/141/406/433) 450 E 4TH ST UNIT# 141 Yes Yes 0.25 0.013069% 247 MAHTANI 2011 (#120/146/201) 450 E 4TH ST UNIT# 146 Yes Yes 0.25 0.014304% 248 HEATON, DAVID & JAN 450 E 4TH ST UNIT# 149 Yes Yes 0.25 0.008188% 249 TAN, PAUL & JOYCE 450 E 4TH 5T UNIT# 237 Yes Yes 0.25 0.006116% 250 NGUYEN, HONORA 450 E 4TH ST UNIT# 240 Yes Yes 0.25 0.008188% 251 EONGRACIA LLC 450 E 4TH ST UNIT# 243 Yes Yes 0.25 0.008188% 252 WILLIAMS, JOHN 450 E 4TH ST UNIT# 245 Yes Yes 0.25 0.008188% 253 LEE, DR. YEE LEAN 450 E 4TH ST UNIT# 247 Yes Yes 0.25 0.008188% 254 SHARMA, SUDHEEP 450 E 4TH ST UNIT# 337 Yes Yes 0.25 0.008188% 255 TRISNO, STEVEN 450 E 4TH ST UNIT# 338 Yes Yes 0.25 0.008188% 256 PANDJI, EVELINA 450 E 4TH ST UNIT# 348 Yes Yes 0.25 0.008188% 257 OROZCO, JESUS A 450 E 4TH ST UNIT# 439 No No 0.25 0.008188% 258 WAYY, BRIAN 450 E 4TH ST UNIT# 441 No No 0.25 0.008188% 259 1 K L VICTORVILLE LLC 450 E 4TH ST UNIT# 449 Yes Yes 0.25 0.008188% 260 ZUKERMAN, RIVKA 101 W 4TH ST Yes Yes 0.25 0.037387% 261 THE IRVINE TRAVEL CO., INC. 101 W 4TH ST UNIT# 200 Yes Yes 1 0.158623% 262 WORLDVIEW TRAVEL 101 W 4TH ST UNIT# 400 Yes Yes 1 1.045251% 263 FRUTAS LA PLACITA 101 W 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 264 DORA ORLANDI VALUTA SANTA ANA 102 W 4TH ST Yes Yes 1 0.084835% 265 GLOBAL ENVIRONMENTAL NETWORK 106 W 4TH ST Yes Yes 1 0.056820% 266 CORNERSTONE STUDIOS INC 106 W 4TH ST Yes Yes 1 0.195713% 267 ALFA INSURANCE SERVICES 106 W 4TH ST UNIT# 300 Yes Yes 1 0.048928% 268 L.A. PRIVATE DETECTIVES 106 W 4TH ST UNIT# 301 Yes Yes 1 0.129471% 6/26/2013 (Subject to Update thru July, 1, 2013) 75D-45 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate (% of 100% Total) 269 247 CLASSROOM 106 W 4TH ST UNIT# 303 Yes Yes 1 0.048928% 270 LAW OFFICE OF LINK W. SCHRADER 106 W 4TH ST UNIT# 308 Yes Yes 1 0.089570% 271 AZTLAN INSURANCE 106 W 4TH ST UNIT# 420 Yes Yes 1 0.050507% 272 CHA, WON 108 W 4TH ST Yes Yes 0.25 0.032979% 273 H & L MULTIESERVICES 108 W 4TH ST Yes Yes 1 0.060371% 274 TNT TOURS & TRAVEL 108 W 4TH ST Yes Yes 1 0.071814% 275 P & 0 ENTERPRISES, LLC 108 W 4TH ST Yes Yes 0.25 0.019335% 276 BUFFCO INVESTMENTS, LLC. 109 W 4TH ST Yes Yes 0.25 0.035019% 277 COLLEEN O'HARA'S BEAUTY ACADEMY 109 W 4TH ST UNIT# B Yes Yes 1 0.305408% 276 CAPILLA LAS ROSAS WEDDING CHPL 110 W 4TH ST Yes Yes 1 0.140077% 279 LA MODA 110 W 4TH ST Yes Yes 1 0.172828% 280 SOUTHWEST FAMILY 2004 TRUST 110 W 4TH ST Yes Yes 0.25 0.017954% 281 MEXICANA TRAVEL 112 W 4TH ST Yes Yes 1 0.134553% 282 H & L MULTISERVICES 112 W 4TH ST Yes Yes 1 0.052480% 283 PASARELA BRIDAL SHOP 112 W 4TH ST Yes Yes 1.5 0.130213% 284 CHANTHAPANYA,PHOUNSACK(112-116 112 W 4TH ST Yes Yes 0.25 0.031468% 285 MINA BRIDAL LLC 113 W 4TH ST Yes Yes 1.5 0.111864% 286 LOPEZ, ADOLFO 113 W 4TH ST Yes Yes 0.25 0.013810% 287 HISPANOAMERICAN SERVICES 113 W 4TH ST UNIT# A Yes Yes 1 0.072603% 288 SERVICENTRO 114 W 4TH ST Yes Yes 1 0.099747% 289 LORENZO'S DIGITAL AND ASSOCIATE 114 W 4TH ST Yes Yes 1 0.056820% 290 DOLEX DOLLAR EXPRESS INC 115 W 4TH ST Yes Yes 1 0.074576% 291 WDJRC, LLC 115 W 4TH ST Yes Yes 0.25 0.019335% 292 REYNA'S BRIDAL SHOP 115 W 4TH ST UNIT# 200 Yes Yes 1.5 0.076944% 293 VALENCIA JEWELRY (202-204) 116 W 4TH ST Yes Yes 1.5 0.556363% 294 CENTRO LATINO 116 W 4TH ST Yes Yes 1 0.054453% 295 ALPHA INCOME TAX & FINANCIAL SERVICES 116 W 4TH ST Yes Yes 1 0.075760% 296 GUSTAVOS PRODUCTION & DESIGN 116 W 4TH ST UNIT# 30 Yes Yes 1 0.048928% 297 PRODUCTOS VIENESTAR HERBALIFE 116 W 4TH ST UNIT# 12 Yes Yes 1.5 0.309511% 298 REVOLUTION BEAUTY SALON 116 W 4TH ST UNIT# 7 Yes Yes 1 0.058793% 299 KB UNTIED, LLC. 117 W 4TH ST Yes Yes 0.25 0.014205% 300 SOCIETY HALL 117 W 4TH ST UNIT# LL Yes Yes 1 0.051296% 301 SANTA ANA SALON 118 W 4TH ST Yes Yes 1 0.076944% 302 FRUTAS LA PLACITA 118 W 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 303 DON ROBERTO JEWELERS 120 W 4TH ST Yes Yes 1.5 0.394189% 304 BMA INVESTMENT LLC 120 W 4TH ST Yes Yes 0.25 0.027522% 305 FALLAS PAREDES, #105 201 W 4TH ST Yes Yes 1.5 1.051170% 306 FAINBARG & FRIEDMAN I, LP 201 W 4TH ST Yes Yes 0.25 0.038472% 307 COCTELES HUERTA 201 W 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 308 CM PROPERTIES (202-212) 202 W 4TH ST Yes Yes 0.25 0.031369% 309 DANIEL'S JEWELERS (#239) 202 W 4TH ST UNIT# PE Yes Yes 1.5 0.280549% 310 D & D SNACK FOOD 202 W 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 311 THE FRAGRANCE HOUSE 204 W 4TH ST Yes Yes 1 0.106143% 312 RHOMBUS INDUSTRIES 206 W 4TH ST UNIT# 201 Yes Yes 1.5 0.361044% 313 GRACE'S ENTERPRISES/ MULTI PURPOSE ROOM 206 W 4TH ST UNIT# 203 Yes Yes 1 0.052085% 314 SILKIN ENTERTAINMENT GROUP, LLC 206 W 4TH ST UNIT# 210 Yes Yes 1 0.203495% 315 LA PALOMA FASHIONS 208 W 4TH ST Yes Yes 1.5 0.203605% 316 PRINCESS BRIDAL 208 W 4TH ST Yes Yes 1.5 0.094108% 317 FIESTA JUICE 209 W 4TH ST Yes Yes 1.5 0.139683% 318 ELIAS, JOSE (209 & 211) 209 W 4TH ST Yes Yes 0.25 0.021899% 319 LEMUS' SHOP 209 W 4TH ST UNIT# A Yes Yes 1.5 0.120849% 320 MI CELULLAR 209 W 4TH ST UNIT# A Yes Yes 1.5 0.086414% 321 J & F CALIFORNIA MULTISERVICES 209 W 4TH ST UNIT# D Yes Yes 1 0.054453% 322 JESSICA'S BRIDAL 212 W 4TH ST Yes Yes 1.5 0.095884% 323 ANGELS 213 W 4TH ST Yes Yes 1.5 0.138499% 324 SHELSY'S BRIDAL 214W 4TH ST Yes Yes 1.5 0.101211% 325 DUEL, EBRAHIM M.D. - INC 214 W 4TH ST Yes Yes 0.25 0.025845% 326 LA PARISINA 215 W 4TH ST Yes Yes 1.5 0.093516% 327 ROBBINS, ROSALIND K (215-217) 215 W 4TH ST Yes Yes 0.25 0.018940% 328 AMERICA'S BRIDAL SHOP 216 W 4TH ST Yes Yes 1.5 0.110089% 329 STAR NUTRITION CLUB 218 W 4TH ST Yes Yes 1.5 0.174958% 330 CASTROPRODUCTION 218 W 4TH ST UNIT# A Yes Yes 1.5 0.174958% 331 219 W 4TH ST TRUST 219 W 4TH 5T Yes Yes 0.25 0.016770% 332 HISPANOAMERICA JEWELERS (102) 220 W 4TH ST Yes Yes 1.5 0.413129% 333 HWANG, THOMAS D. 220 W 4TH ST Yes Yes 0.25 0.016178% 334 FIESTA FLOWERS 221 W 4TH ST Yes Yes 1.5 0.114232% 335 FIESTA SPORTSWEAR 221 W 4TH ST Yes Yes 1.5 0.113640% 6/26/2013 (Subject to Update thru July, 1, 2013) 75D-46 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate (% of 100°x6 Total) 336 ELIAS, JOSEPH/SCARBROUGH, DAVD 221 W 4TH ST Yes Yes 0.25 0.017362% 337 HOLIDAY TRAVEL & TOURS II 222 W 4TH ST Yes Yes 1 0.082073% 338 BOTANICA LATINA 222 W 4TH ST Yes Yes 1.5 0.081679% 339 GENISES BRIDAL SHOP 222 W 4TH ST Yes Yes 1.5 0.110681% 340 SIGUE CORPORATION 222 W 4TH ST UNIT# A Yes Yes 1 0.203495% 341 CHAPALA'S BEAUTY SALON 222 W 4TH ST UNIT# A Yes Yes 1 0.050112% 342 CASH SERVICES 222 W 4TH ST UNIT# A Yes Yes 1 0.126661% 343 ALFA INSURANCE SERVICES 222 W 4TH 5T UNIT# A Yes Yes 1 0.056031% 344 PRIVILEGE 222 W 4TH ST UNIT# B Yes Yes 1 0.058004% 345 FRUTAS ACAPULCO 222 W 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 346 TERESA'SJEWELERS 223 W 4TH ST Yes Yes 1.5 0.319613% 347 VALLEJO, ANTONIO(223 W 4TH ST & 409 N BROADWAY ST) 223 W 4TH ST Yes Yes 0.25 0.031961% 348 STARBUCKS COFFEE #8941 301 W 4TH ST Yes Yes 1.5 0.554587% 349 PHILLIPS HUTTON PARTNERS LLC 3011/2 W 4TH ST Yes Yes 0.25 0.034033% 350 RIA TELECOMMUNICATIONS INC 302 W 4TH ST Yes Yes 1 0.164936% 351 PANAMERICANA TRAVEL #665 302 W 4TH ST Yes Yes 1 0.082863% 352 LEDWIN,BRUNO & RAQUEL(302-306) 302 W 4TH ST Yes Yes 0.25 0.021308% 353 CARTER BOWL 302 W 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 354 TAQUERIA DEL SUR 306 W 4TH ST Yes Yes 1.5 0.102394% 355 LAURA'S PLACE 306 W 4TH ST Yes Yes 1.5 0.088189% 356 TODO SERVICES 308 W 4TH ST Yes Yes 1 0.056820% 357 HUGO'S BEAUTY SALON 308 1/2 W 4TH ST Yes Yes 1 0.082073% 358 ROSENOW-SPEVACEK GROUP 309 W 4TH ST Yes Yes 1 0.694072% 359 LAW OFFICES OF J. CHA & ASSOCIATES 310 W 4TH ST Yes Yes 1 0.138499% 360 DOWNTOWN 1 & L 310 1/2 W 4TH ST Yes Yes 1 0.131002% 361 U.S. FINANCING 312 W 4TH ST Yes Yes 1 0.178746% 362 CHA, WON (310-318) 312 W 4TH ST Yes Yes 0.25 0.026930% 363 APOTECA MODERNA - YERBA MAX 314 W 4TH ST Yes Yes 1 0.058398% 364 DOWNTOWN JEWELRY & LOAN 314 W 4TH ST Yes Yes 1.5 0.487705% 365 VELIA BRAVO PROFESSIONAL SERVICE 316 W 4TH ST UNIT# 237 Yes Yes 1 0.057609% 366 THE NAIL SHOP 320 W 4TH ST Yes Yes 1 0.058004% 367 CM PROPERTIES (322-326) 322 W 4TH ST Yes Yes 0.25 0.011443% 368 CALACAS, INC. 324 W 4TH ST UNIT# B Yes Yes 1.5 0.121926% 369 ASSOCIATES IN COUNSELING & MEDIATION 324 W 4TH ST UNIT# D Yes Yes 1 0.086808% 370 BELLESA NATURALE WELLNESS SPA 324 W 4TH ST UNIT# E Yes Yes 1 0.050112% 371 RASPADOS ESTILO JALISCO 324 W 4TH ST UNIT# PE Yes Yes 1.5 0.243853% 372 BISTRO 400 400 W 4TH ST Yes Yes 1.5 0.192951% 373 BARBERIA EL CATRIN, INC. 400 W 4TH ST UNIT# B Yes Yes 1 0.061950% 374 BROADWAY IMPROVEMENT CO INC 404 W 4TH ST Yes Yes 0.25 0.028015% 375 ASAP LEGAL SOLUTION 404 W 4TH ST UNIT# B Yes Yes 1 0.393814% 376 REED, KENNETH ALAN ATTY AT LAW 406 W 4TH ST Yes Yes 1 0.089570% 377 CAZZELL & ASSOCIATES, ATTORNEYS 406 W 4TH ST Yes Yes 1 0.081284% 378 OASIS DENTAL SANTA ANA 408 W 4TH ST Yes Yes 1 0.097857% 379 CRAVE 410 W 4TH ST Yes Yes 1.5 0.366335% 380 BELLAS KITCHEN AT REAGAN 411 W 4TH ST Yes Yes 1.5 0.163949% 381 DOWNTOWN 414 414 W 4TH ST Yes Yes 1.5 0.366335% 382 LIFT PROPERTY MANAGMENT, LLC 414 W 4TH ST Yes Yes 0.25 0.034427% 383 PARIS HAIR STUDIO & DAY SPA 414 W 4TH ST UNIT# 101 Yes Yes 1 0.059582% 384 SHOFFNER, GARY E 414 W 4TH ST UNIT# A Yes Yes 1 0.081284% 385 PREMIERE ASSOCIATION MGMT 414 W 4TH ST UNIT# O Yes Yes 1 0.597399% 386 VELVET LOUNGE 416 W 4TH ST Yes Yes 1.5 0.375841% 387 JASON'S DOWNTOWN RESTAURANT 416 W 4TH ST Yes Yes 1.5 0.495399% 388 PARKING CONCEPTS, INC. 300 E 5TH ST Yes Yes 1 0.144023% 389 MODERN SHOE REPAIR 403 E 5TH ST Yes Yes 1 0.049718% 390 MALAMUT, MICHAEL LEE (0276468)(118-120) 120 W 5TH ST UNIT# 100 Yes Yes 0.25 0.021209% 391 RAMONA'S HALL 120 W 5TH ST UNIT# 110 Yes Yes 1 0.068658% 392 MARGARITA'S DECORATION 120 W 5TH ST UNIT# 120 Yes Yes 1.5 0.089373% 393 IZALCO RESTAURANT 300 W 5TH ST Yes Yes 1.5 0.286475% 394 BROADWAY IMPROVEMENT CO (300-322) 306 W 5TH ST Yes Yes 0.25 0.015093% 395 THE GRILLED CHEESE SPOT 318 W 5TH ST Yes Yes 1.5 0.366335% 396 MIL JUGOS 320 W 5TH ST Yes Yes 1.5 0.181114% 397 ACE PARKING MANAGEMENT 405 W 5TH ST Yes Yes 1 0.085727% 398 405 WEST FIFTH STREET HOLDINGS, LLC 405 W 5TH ST Yes Yes 0.25 0.141261% 399 CW CELLULAR, INC 116 E 4TH ST Yes Yes 1 0.105748% 400 PARKING CONCEPTS, INC. 310 N BIRCH ST Yes Yes 1 0.128240% 401 EL CENTRO CULTURAL DE MEXICO 313 N BIRCH ST Yes Yes 1 0.048928% 402 CM PROPERTIES 313 N BIRCH ST Yes Yes 0.25 0.023872% 612612013 (Subject to Update thru July, 1, 2013) 75D-47 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate I% of 100% Total) 403 MATTINGLEY, MIKE 1055 BIRCH ST Yes Yes 0.25 0.008188% 404 CASA LINDA FURNITURE INC 116 N BROADWAY ST Yes Yes 1.5 1.429970% 405 H & R BLOCK ENTERPRISES INC 117 N BROADWAY ST Yes Yes 1 0.058793% 406 VIAIES DEARDEN'S 117 N BROADWAY ST Yes Yes 1 0.110089% 407 DEARDEN'S 117 N BROADWAY ST Yes Yes 1.5 1.224589% 408 HELLER, KENNETH B TRUSTEE 117 N BROADWAY ST Yes Yes 0.25 0.033540% 409 JONES, ERIC LEONARD 125 N BROADWAY ST Yes Yes 1 0.028410% 410 ROAD LESS TRAVELED, THE 125 N BROADWAY ST UNIT# C Yes Yes 1.5 0.091741% 411 GYPSY DEN 125 N BROADWAY ST UNIT# D Yes Yes 1.5 0.411945% 412 C SALT GOURMET 125 N BROADWAY ST UNIT# D Yes Yes 1 0.054058% 413 C4 DELI 200 N BROADWAY ST Yes Yes 1.5 0.174958% 414 MEMPHIS ATTHE SANTORA 201 N BROADWAY ST Yes Yes 1.5 0.480011% 415 THE STICKY PIG 201 N BROADWAY ST Yes Yes 1 0.058793% 416 THE COLLECTIVE 204 N BROADWAY ST Yes Yes 1 0.221361% 417 BENJAMIN MFG 204 N BROADWAY ST Yes Yes 1 0.054058% 416 EMPIRE BUILDING LLC 204 N BROADWAY ST Yes Yes 0.25 0.034625% 419 LENTZ MORRISSEY ARCHITECTURE, INC. 204 N BROADWAY ST UNIT# F Yes Yes 1 0.162568% 420 BMP & CO. 204 N BROADWAY ST UNIT# K Yes Yes 1 0.072603% 421 HAL BRISCOE FINE ART 204 N BROADWAY ST UNIT# M Yes Yes 1.5 0.073984% 422 AUNATURAW 206 N B RDA DWAY ST U N IT# A Yes Yes 1.5 0.286475% 423 SANTORA PARTNERS LLC (207-209) 207 N BROADWAY ST Yes Yes 0.25 0.036795% 424 THE TAILOR'S ART 207 N BROADWAY ST Yes Yes 1.5 0.073393% 425 ATILANO SALON 207 N BROADWAY ST UNIT# 100 Yes Yes 1 0.050112% 426 ERNESTO VELASQUEZ BODY ART STUDIO 207 N BROADWAY ST UNIT# B10 Yes Yes 1.5 0.481194% 427 FIROUZEH FINE ART 207 N BROADWAY ST UNIT# B5 Yes Yes 1 0.051296% 428 THE ARTBAR 207 N BROADWAY ST UNIT# B6 Yes Yes 1.5 0.081679% 429 LAW OFFICES OF FERNANDO LEONE 207 N BROADWAY ST UNIT# B7A Yes Yes 1 0.155071% 430 1VSA/ARCHITECTURE 207 N BROADWAY ST UNIT# C Yes Yes 1 0.081284% 431 TWEENA'STUNES 207NBROADWAY STUNIT#1 Yes Yes 1 0.056425% 432 LAW OFFICE OF ROBERT NEWMAN 207 N BROADWAY ST UNIT# K Yes Yes 1 0.081284% 433 CRESCENDOH, LLC 207 N BROADWAY ST UNIT# L Yes Yes 1.5 0.079903% 434 ESPARZA, ROSEMARY J LAW OFFICES 207 N BROADWAY ST UNIT# N Yes Yes 1 0.089570% 435 VISUAL SOLUTIONS GROUP 208 N BROADWAY ST Yes Yes 1 0.101755% 436 THE GCS CLOTHING STORE 209 N BROADWAY ST Yes Yes 1.5 0.137315% 437 CORBIZ LLC 214 N BROADWAY ST Yes Yes 1 0.070236% 438 PROOF 215 N BROADWAY ST Yes Yes 1.5 0.335593% 439 CORBIZ LLC (217-221) 217 N BROADWAY ST Yes Yes 0.25 0.016178% 440 JANET'S BIKE SHOP 219 N BROADWAY ST Yes Yes 1.5 0.085822% 441 SUBWAY #26294 220 N BROADWAY ST Yes Yes 1.5 0.308367% 442 GUMM & LIVINGSTSON INVESTMENTS LLC 225 N BROADWAY ST Yes Yes 0.25 0.031066% 443 AKINSPARKER CREATIVE, LLC 225 N BROADWAY ST Yes Yes 1 0.048928% 444 THE COPPER DOOR 225 1/2 N BROADWAY ST Yes Yes 1.5 0.239709% 445 THE COPPER DOOR BAR 225 1/2 N BROADWAY ST Yes Yes 1.5 0.174958% 446 THE COPPER DOOR 225 1/2 N BROADWAY ST Yes Yes 1 0.050901% 447 RUMORZ KUTZ 225 N BROADWAY ST UNIT# 203 Yes Yes 1 0.012627% 448 THAO VU PHOTOGRAPHY, LLC 225 N BROADWAY ST UNIT# 204 Yes Yes 1 0.105748% 449 GRACE'S ENTERPRISES 225 N BROADWAY ST UNIT# 208 Yes Yes 1 0.071025% 450 CHAPTER ONE: THE MODERN LOCAL 227 N BROADWAY ST Yes Yes 1.5 0.620285% 451 GONZALEZ & ASSOCIATES 300 N BROADWAY ST Yes Yes 1 0.203495% 452 COSTA AZULTRAVEL #418-5 300 N BROADWAY ST Yes Yes 1 0.051690% 453 GILMAKER, DEBORAH (300-306) 300 N BROADWAY ST Yes Yes 0.25 0.032948% 454 APOTECA MODERNA -YERBA MEX(BTN437) 3021/2 N BROADWAY ST UNIT# 10 Yes Yes 1.5 0.204789% 455 MI MODA 304 N BROADWAY ST Yes Yes 1.5 0.087598% 456 ROSA'S BRIDAL 308 N BROADWAY ST Yes Yes 1.5 0.096476% 457 CENTRO NATURISTA 310 N BROADWAY ST Yes Yes 1.5 0.102394% 458 JAS RAJ EYEBROW & PIERING 323 N BROADWAY ST Unit# A Yes Yes 1 0.105748% 459 CENTRAL DE AUTOBUSES 324 N BROADWAY ST Yes Yes 1 0.048928% 460 CENTRAL TRAVEL & TOUR SERVICE 324 N BROADWAY ST Yes Yes 1 0.084046% 461 SAADI, JOSEPH 1 325 N BROADWAY ST Yes Yes 0.25 0.025845% 462 THE CROSBY 400 N BROADWAY ST Yes Yes 1.5 0.429109% 463 ADELANTE INTERPRETING, INC. 405 N BROADWAY ST UNIT# B Yes Yes 1 0.116402% 464 THE DEW SALON 405 N BROADWAY ST UNIT# D Yes Yes 1 0.058793% 465 MANUELJ. PENA INS. AGENCY (#E) 407 N BROADWAY ST Yes Yes 1 0.058398% 466 LAS BRISAS 2 409 N BROADWAY ST Yes Yes 1.5 0.217218% 467 T VAPORS 411 N BROADWAY ST Yes Yes 1.5 0.309511% 468 UNISEX BEAUTY SALON 413 N BROADWAY ST Yes Yes 1 0.066290% 469 FAINBARG, ALLAN 413 N BROADWAY ST Yes Yes 0.25 0.012133% 6/2612013 (Subject to Update thru July, 1, 2013) 75D-48 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate I% of 100% Total) 470 RIVAS, JULIAN 413 N BROADWAY ST Yes Yes 1 0.028410% 471 RIVAS FOOD CO. 413 N BROADWAY ST UNIT# A Yes Yes 1.5 0.208340% 472 ALONSO'S LARGA DISTANCIA 417 N BROADWAY ST Yes Yes 1 0.062739% 473 LEO'S WATCH & JEWELRY REPAIR 4171/2 N BROADWAY ST Yes Yes 1.5 0.092333% 474 MACRES FLORIST 419 N BROADWAY ST Yes Yes 1.5 0.210116% 475 TRUTH & ADVERTISING 454 N BROADWAY ST Yes Yes 1 0.469160% 476 RAGS 454 N BROADWAY ST UNIT# 100 Yes Yes 1.5 0.105354% 477 RICARDO'S AUTO REPAIR 119 N BUSH ST Yes Yes 1 0.101408% 478 RESCUE BEEZ 119 N BUSH ST UNIT# A7 Yes Yes 1 0.038669% 479 STANDARD REBUILDERS 119 N BUSH ST UNIT# B Yes Yes 1 0.094700% 480 CENT GALLERY 201 N BUSH ST Yes Yes 1.5 0.077536% 481 ROAM INTERNATIONAL 202 N BUSH ST Yes Yes 1 0.085230% 482 AFFORDABLE VIDEO PRODUCTIONS, LLC. 204 N BUSH ST Yes Yes 1 0.074971% 483 HACOM 205 N BUSH ST Yes Yes 1.5 0.275814% 484 SPLITENDS SALON 207 N BUSH ST Yes Yes 1 0.078502% 4B5 AN IDEAL WORLD 209 N BUSH ST Yes Yes 1 0.164936% 486 BRIAN KONOSKE PHOTOGRAPHY 215 N BUSH ST Yes Yes 1 0.385508% 487 PACIFIC POND GROUP 220 N BUSH ST Yes Yes 1 0.028410% 488 IMPERIAL INDUSTRIES, INC. 223 N BUSH ST Yes Yes 1 0.052480% 489 BTS (BURGESS TECHNICAL SERVICES) 225 N BUSH ST Yes Yes 1 0.071025% 490 DONALD KROTEE PARTNERSHIP INC 230 N BUSH ST Yes Yes 1 0.114429% 491 WEATHERLY STUDIO 263 N BUSH ST Yes Yes 1 0.058398% 492 BARBARINO, RICHARD 265 N BUSH ST Yes Yes 0.25 0.008188% 493 FORKAN, JOE A. 265 N BUSH ST Yes Yes 1 0.028410% 494 LA CASA BLANCA BEAUTY SALON 300 N BUSH ST Yes Yes 1 0.059977% 495 PARKING CO OF AMER CAL 300 N BUSH ST Yes Yes 1 0.054058% 496 PARKING CO OF AMERICA/CAL 302 N BUSH ST Yes Yes 0.25 0.013219% 497 ELMA'S BEAUTY SALON 308 N BUSH ST Yes Yes 1 0.077338% 498 JALISCO BRIDAL FOTO & VIDEO 310 N BUSH ST Yes Yes 1.5 0.089965% 499 LAS CASUELITAS 312 N BUSH ST Yes Yes 1.5 0.124294% 500 ARIES BEAUTY INC DBA:ARIES BEAUTY STYLING 313 N BUSH ST Yes Yes 1 0.082073% 501 LAURA'S NOTARY & TRAVEL SERVIC 318 N BUSH ST Yes Yes 1 0.052874% 502 THE WILCOX GROUP, LLC. 712 N BUSH ST Yes Yes 0.25 0.038768% 503 CUSTOM AUTO SERVICE 302 N FRENCH ST Yes Yes 1 0.212286% 504 YOST STUDIOS 320 N FRENCH ST Yes Yes 0.25 0.032979% 505 LEFT OF THE DIAL RECORDS 320 N FRENCH ST UNIT# B Yes Yes 1.5 0.309511% 506 LABELL EXCHANGE 501 N FRENCH ST Yes Yes 1 0.256085% 507 CVS/pharmacy #9583 102 N MAIN ST Yes Yes 1.5 1.581490% 508 M & A GABAEE, A CAL LTD PTNERSHIP 102 N MAIN ST Yes Yes 0.25 0.046364% 509 RITE AID #5759 111 N MAIN ST Yes Yes 1.5 1.464891% 510 DIAMOND PARKING SERVICES LLC #SA58 200 N MAIN ST Yes Yes 1 0.054453% 511 GAUCHO INVESTMENTS, LLC 200 N MAIN ST Yes Yes 0.25 0.025845% 512 THE MANHATTAN BANQUET HALL 200 N MAIN ST UNIT# 100 Yes Yes 1 0.091543% 513 DASCANIO, DENNIS LAW OFFICE 200 N MAIN ST UNIT# 200 Yes Yes 1 0.122715% 514 NIGHT GALLERY CERAMICS 201 N MAIN ST Yes Yes 1.5 0.073393% 515 PLATINUM EMPIRE REAL ESTATE, INC. 207 N MAIN ST Yes Yes 1 0.072603% 516 C3 OFFICE SOLUTIONS 217 N MAIN ST UNIT# 119 Yes Yes 1 0.308170% 517 PENCILBOX, LLC 217 N MAIN ST UNIT# 125 Yes Yes 1 0.181508% 518 DGWB, INC. 217 N MAIN ST UNIT# M22 Yes Yes 1 1.344346% 519 DGWB VENTURES LLC 217 N MAIN ST UNIT# M22 Yes Yes 0.25 0.050408% 520 FLORAL PARK CAFE 300 N MAIN ST Yes Yes 1.5 0.366335% 521 DUEL, EBRAHIM 301 N MAIN ST Yes Yes 0.25 0.027818% 522 WESTERN WOMENS CLINIC 301 N MAIN ST Yes Yes 1 0.097857% 523 SWEETTOOTH DENTAL 3011/2 N MAIN ST Yes Yes 1 0.097857% 524 MI CAMINITO 302 N MAIN ST Yes Yes 1 0.050507% 525 MI CAMINITO 302 N MAIN ST Yes Yes 1.5 0.172236% 526 LA GLORIA 304 N MAIN ST Yes Yes 1.5 0.092333% 527 QUAN M. TRAN, O.D. OPTOMETRY 305 N MAIN ST Yes Yes 1 0.097857% 528 CHARLOTTES BARBER SHOP 306 N MAIN ST Yes Yes 1 0.052480% 529 ESTRADA, JOSEFINA 315 N MAIN ST Yes Yes 1 0.106143% 530 MAIN & IMPERIAL, LLC (500-520) 500 N MAIN ST Yes Yes 0.25 0.039853% 531 WESTERN DENTAL SERVICES INC 500 N MAIN ST Yes Yes 1 0.316456% 532 5 A CLINICA MEDICA GENERAL 505 N MAIN ST Yes Yes 1 0.262793% 533 CEDARS TOWERS SURGICAL IVIED GRP 505 N MAIN ST Yes Yes 1 0.138499% 534 MARCELA'S BEAUTY SALON 510 N MAIN ST Yes Yes 1 0.048928% 535 FARMACIA SANTA ANA 510 N MAIN ST Yes Yes 1.5 0.989615% 536 GUILLERMINA MADRILES 515 N MAIN ST Yes Yes 0.25 0.007793% 6/2612013 (Subject to Update thru July, 1, 2013) 75D-49 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate (% of 100% Total) 537 KARMINA RESTAURANT & GRILL 515 N MAIN ST UNIT# B Yes Yes 1.5 0.088781% 538 SANTA ANA HORTON BUILDING INC 517 N MAIN ST Yes Yes 0.25 0.047646% 539 LATINO HEALTH SVCS MED GRP INC 517 N MAIN ST Yes Yes 1 0.236355% 540 SOUTH GATE ROSE PHARMACY INC 517 N MAIN ST UNIT# 101 Yes Yes 1.5 0.560506% 541 CACERES, JULIO DDS 517 N MAIN ST UNIT# 300 Yes Yes 1 0.089570% 542 MAIN OPTICAL 520 N MAIN ST Yes Yes 1 0.067079% 543 AGUILAR, SERGIO DDS 520 N MAIN ST Yes Yes 1 0.106143% 544 BRUSH ADVISORIES (UNIT #111) 520 N MAIN ST Yes Yes 1 0.081284% 545 MARYAM RAHNEMUN M.D. INC. 520 N MAIN ST Yes Yes 1 0.187427% 546 MAIN STREET PRENATAL MEDICAL C 520 N MAIN ST UNIT# 100 Yes Yes 1 0.177957% 547 EDDAN CARE PHARMACY 520 N MAIN ST UNIT# 206 Yes Yes 1.5 0.894477% 548 JACK IN THE BOX #3180 601 N MAIN ST Yes Yes 1.5 0.657573% 549 THE ENS FUND, LLC 601 N MAIN ST Yes Yes 0.25 0.024464% 550 PALMER INSURANCE AGENCY 631 N MAIN ST Yes Yes 1 0.105748% 551 PALMER INCOME TAX 631 N MAIN ST Yes Yes 1 0.211497% 552 BURGER KING (4309/4916) 701 N MAIN ST Yes Yes 1.5 0.603713% 553 ORG CO CENTER OF LEGAL SVCS 711 N MAIN ST Yes Yes 1 0.097857% 554 PLUS VIDEO 713 N MAIN ST Yes Yes 1.5 0.110089% 555 BEIJING EXPRESS 715 N MAIN ST Yes Yes 1.5 0.107721% 556 TRANG, CHARLIE 715 N MAIN ST Yes Yes 0.25 0.014501% 557 BEIJING EXPRESS RESTAURANT MANAGMENT 715 N MAIN ST Yes Yes 1.5 0.174958% 558 SOMBRERO STREET 719 N MAIN ST Yes Yes 1.5 0.455744% 559 ORIGINAL MIKE'S RESTAURANT 100 S MAIN ST Yes Yes 1.5 0.733925% 560 100 SOUTH MAIN STREET LLC 100 S MAIN ST Yes Yes 0.25 0.017362% 561 FIRESTONE COMPLETE AUTO CARE #271F 101 S MAIN ST Yes Yes 1.5 0.455744% 562 WNC REAL ESTATE PARTNERS LP 100 N ROSS ST Yes Yes 0.25 0.201435% 563 ACE PARKING MANAGEMENT 200 W SANTA ANA BLVD Yes Yes 1 0.085727% 564 MURCHISON & CUMMING, ATTORNEYS 200 W SANTA ANA BLVD Yes Yes 1 0.602923% 565 BURD & NAYLOR 200 W SANTA ANA BLVD Yes Yes 1 0.179141% 566 200 WEST SANTA ANA BOULEVARD HOLDINGS, LLC 200 W SANTA ANA BLVD Yes Yes 0.25 0.151619% 567 QUIZNO'S SUB 200 W SANTA ANA BLVD UNIT# 175 Yes Yes 1.5 0.181114% 568 MONTELEONE & MC CRORY, LAW OFC 200 W SANTA ANA BLVD UNIT# 200 Yes Yes 1 0.179141% 569 THE REEVES LAW GROUP 200 W SANTA ANA BLVD UNIT# 630 Yes Yes 1 0.540974% 570 WILSON, PESOTA & FOX LLP 200 W SANTA ANA BLVD UNIT# 970 Yes Yes 1 0.261214% 571 EVEREST COLLEGE 500 W SANTA ANA BLVD Yes Yes 1 0.937925% 572 CIM URBAN REIT PROPERTIES I, L.P. 500 W SANTA ANA BLVD Yes Yes 0.25 0.054748% 573 HITPROS INC 520 W SANTA ANA BLVD Yes Yes 1 0.049323% 574 BEST CONSTRUCTION SERVICES, INC. 520 W SANTA ANA BLVD Yes Yes 1 0.097462% 575 ELHAI FAMILY TRUST 550 W SANTA ANA BLVD Yes Yes 0.25 0.020321% 576 ORANGE COUNTY REPORTER 600 W SANTA ANA BLVD Yes Yes 1.5 0.456336% 577 PLAZA TOWERS PARKING 600 W SANTA ANA BLVD Yes Yes 1 0.089965% 578 RASCH INVESTIGATIONS 600 W SANTA ANA BLVD Yes Yes 1 0.070630% 579 IMMIGRATION 4 U 600 W SANTA ANA BLVD Yes Yes 1 0.069841% 580 SUNNY HILLS PALLADIUM 600 W SANTA ANA BLVD Yes Yes 1 0.113640% 581 SALLY LOW & ASSOCIATES, INC. 600 W SANTA ANA BLVD Yes Yes 1 0.112456% 582 M C D GENERAL SERVICES 600 W SANTA ANA BLVD Yes Yes 1 0.067474% 583 CIVIC CENTER LLC 600 W SANTA ANA BLVD Yes Yes 0.25 0.150928% 584 OSAJIMA, GLENN K LAW OFFICES 0 600 W SANTA ANA BLVD Yes Yes 1 0.081284% 585 DANTES CAFE, LLC 600 W SANTA ANA BLVD UNIT# 100 Yes Yes 1.5 0.155071% 586 PLAZA CAFE & DELI 600 W SANTA ANA BLVD UNIT# 103 Yes Yes 1.5 0.123110% 587 EDWARDS & ASSOCIATES 600 W SANTA ANA BLVD UNIT# 107 Yes Yes 1 0.114429% 588 SIMPLE LEGAL SOLUTIONS 600 W SANTA ANA BLVD UNIT# 114 Yes Yes 1 0.078522% 589 LAW OFFICES OF STEPHEN 1 RIGGS 600 W SANTA ANA BLVD UNIT# 202 Yes Yes 1 0.081284% 590 CONECCION LATINA 600 W SANTA ANA BLVD UNIT# 2148 Yes Yes 1 0.215944% 591 HEGGENESS, SWEET, SIMINGTON & PATRICIO A P.C. 600 W SANTA ANA BLVD UNIT# 700 Yes Yes 1 0.204000% 592 ROLNICKI, ROLF ATTORNEY 600 W SANTA ANA BLVD UNIT# 814 Yes Yes 1 0.089570% 593 ROSEN, MARK S - ATTORNEY 600 W SANTA ANA BLVD UNIT# 814 Yes Yes 1 0.089570% 594 BARTONE, GREGORY LEE ATTORNEY 600 W SANTA ANA BLVD UNIT# 814 Yes Yes 1 0.081284% 595 LAW OFFICE OF DEBORAH M. VASQUEZ 600 W SANTA ANA BLVD UNIT# 814 Yes Yes 1 0.081284% 596 LAW OFFICES OF JESSE A. MARINO 600 W SANTA ANA BLVD UNIT# 816 Yes Yes 1 0.106143% 597 MUNOZ & ASSOCIATES 600 W SANTA ANA BLVD UNIT# 900 Yes Yes 1 0.089570% 598 LAW OFFICE OF LOUTA KIRK 600 W SANTA ANA BLVD UNIT# 900 Yes Yes 1 0.089570% 599 LAW OFFICE OF RENEE GARCIA 600 W SANTA ANA BLVD UNIT# 900 Yes Yes 1 0.081284% 600 FERRENTINO & ASSOCIATES, INC. 600 W SANTA ANA BLVD UNIT# 925 Yes Yes 1 0.138499% 601 THE LAW OFCS OF VINCENTI LABARBERA 1R, A PROF COR 600 W SANTA ANA BLVD UNIT# 950 Yes Yes 1 0.081284% 602 SCHULMAN, THOMAS L 600 W SANTA ANA BLVD UNIT# 955 Yes Yes 1 0.089570% 603 HUFSTADER, DONALD K LAW OFFICE 600 W SANTA ANA BLVD UNIT# 955 Yes Yes 1 0.081284% 6/26/2013 (Subject to Update thru July, 1, 2013) 75D-50 Intent to Levy BID Assessment List Weighted Protest Value Number Business Name Business Address BID Area BID Eligible BID Rate I% of 1001A Total) 604 GRIFFIN & GRIFFIN, A LAW CORP. 600 W SANTA ANA BLVD UNIT# 960 Yes Yes 1 0.236355% 605 LILLY, CHARLES (219 E 1ST ST) 116 N SPURGEON ST Yes Yes 0.25 0.013317% 606 CRISP BRAND AGENCY 200 N SPURGEON ST Yes Yes 1 0.353941% 607 NATIONWIDE ENVIRONMENTAL CONSULTANTS, INC. 212 N SPURGEON ST Yes Yes 1 0.081284% 608 FIESTA MARKETPLACE PARTNERS 301 N SPURGEON ST Yes Yes 0.25 0.010456% 609 YOSTTHEATER 307 N SPURGEON ST Yes Yes 1.5 0.456928% 610 THE YOST 307 N SPURGEON ST Yes Yes 1.5 0.137315% 611 Q ART SALON 205 N SYCAMORE ST Yes Yes 1.5 0.075440% 612 ALL-IMMIGRANTS 318 N SYCAMORE ST Yes Yes 1 0.049718% 613 CREACIONES ALEJANDRA FOTO ESTUDIO Y BRIDAL SHOP 318 N SYCAMORE ST Yes Yes 1.5 0.088781% 614 LOMELI, ARTURO 1 415 N SYCAMORE ST Yes Yes 0.25 0.016967% 615 LOMELI, ARTURO DDS 415 N SYCAMORE ST Yes Yes 1 0.114429% 616 FULL HEALTH UNIVERSITY MEDICAL 415 N SYCAMORE ST Yes Yes 1 0.097857% 617 DIAMOND PARKING SERVICES LLC #SA01 416 N SYCAMORE ST Yes Yes 1 0.086019% 6/26/2013 (Subject to Update thru July, 1, 2013) 10 75D-51 75D-52 EXHIBIT 7 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT AREA FOR CALENDAR YEAR 2013. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On February 6, 1984, the City Council, by Ordinance No. NS-1715, established the Downtown Santa Ana Business Improvement Area pursuant to California Streets and Highways Code Sections 36500, et seq. (the "BID Law"). B. On June 17, 2013, the City Council received the 2013 Annual Report for the Downtown Santa Ana Business Improvement Area (the "Report"). C. On June 17, 2013, the City Council adopted Resolution 2013-027 approving the Report and setting a public hearing for July 1, 2013 at which time protests could be made to the proposed levy of the 2013 annual assessment for the Downtown Santa Ana Business Improvement Area (the "Annual Assessment"). D. On July 1, 2013, at the time and place called for in Resolution 2013-027, the City Council conducted a duly noticed public hearing at which written and oral protests to the proposed Annual Assessment were made and considered as provided in Streets and Highways Code section 36524 and 36525. E. Qualifying written protests constituting a majority of the owners of the businesses paying the Annual Assessment were not received at or before the conclusion of the public hearing. Section 2. The Report is hereby confirmed, and the levy of an assessment for the calendar year 2013 in accordance with Attachment B of the Report, a copy of which is attached hereto and incorporated herein by reference, is hereby approved. Resolution No. 2013-XXX Page 1 of 3 75D-53 ADOPTED this day of , 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2013-XXX Page 2 of 3 7501-54 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the 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 3 of 3 Clerk of the Council City of Santa Ana 7501-55 ATTACHMENT A DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2013 ASSESSMENT REPORT Background On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36500, et seq., of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). The BID was established as a means of providing the Downtown business community with the funding to promote the Downtown through events and advertising pieces; funding to increase security and enhance the overall aesthetics of the area; and also to maintain the downtown shopping corridors. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 700 retail, service, and professional members (see Attachment A-1). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volumes of the business (see Attachment A-2). 2013 Budget Plan Based on the feedback from the two Associations, the 2013 BID Budget focuses primarily on the continuation of promotions and marketing of the BID. Some of the promotion and marketing will be focused on Downtown events and advertising pieces; which are all designed to enhance the overall aesthetics of the area and also to maintain the downtown shopping corridors. Detailed breakdowns of the two groups' budgets are attached (Attachment A-3). The estimated assessments from the BID Page 1 of 6 75D-56 would be $250,000 to be split evenly by Downtown Inc. and the Santa Ana Business Council Inc. -- the two business groups that have spearheaded this reactivation process. All revenues collected since the 2007 BID assessment have been expended and there are no surplus funds or deficits in this fiscal year. These two representative business associations are proposing to host a variety of major community events and promotions, including, but not limited to the following: • Sound Downtown/Restaurant Week ($10,000) • OC Pride ($5,000) • Day of the Dead ($5,000) • Patchwork ($10,000) • Downtown Santa Ana Film Festival ($5,000) • OC Fashion Week ($5,000) • Artwalk / Sidewalk sale (Spurgeon & 4th Street) ($2,000) • Valentine's Day ($1,000) • Spring Festival & St. Patrick's Day ($2,000) • Quinceahera Expo ($3,000) • Mother's Day ($8,000) • Father's Day ($1,000) • 4th of July ($3,000) • Art Fair ($2,000) • 16th & Film Festival ($5,000) • Lucha Libre & Halloween ($6,000) • Noche de Altares ($3,000) • Christmas ($4,000) Other programming for the associations will include funding for the Downtown Restaurant Association, Holiday promotions, website development and maintenance, and an artist retention program. Page 2 of 6 7501-57 ATTACHMENT A-1 FLOWER ST. • _ N lV/l, D ? lilrl ?p = D D i O Z Z D ? ? W g O D ? v?v 0 s N ROSS ST. ILA 3 n T m Z BIRCH 5 . O i v C BIRCH ST. 33 33 3 T A- • - L-FL- --------- BROAD WAY m n F-10 L SYCAMORE ST. SYCAMORE ST. 7-1 n F MAIN ST. ::1 1 BUSH ST . CYPRESS W v CD 0 m LPURGEON ST. d D m_ ORANGE D D = D FRENCH ST. v MORTIMER ST. 75D-58 ATTACHMENT A-2 2013 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District (BID), classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one-quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it cannot be changed without written notice to all businesses within the boundaries of the proposed Business Improvement District and a public hearing held by the City of Santa Ana. Page 4 of 6 75D-59 ATTACHMENT A-3 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT PROPOSED BUDGETS SUMMARY 2013 OPERATING FUND REVENUE BID Assessments - current .........................................................$250,000 Prior Year Carry Forward ............................................................$0 Total Revenue $250,000 EXPENDITURES Downtown Inc. ADMINISTRATION Overhead (Supplies, insurance, misc) ..................................$6,000* MARKETING Special Events Sound Downtown/Restaurant Week $10,000 OC Pride $5,000 Day of the Dead $5,000 Patchwork (2x) $10,000 Downtown Santa Ana Film Festival $5,000 OC Fashion Week $5,000 Other $12,000 Total .................................................................... $52,000 Advertising (Print/Online) .................................................$57,000 OTHER PROGRAMMING Restaurant Association ....................................................$5,000 Artist Retention Program ...................................................$5,000 Page 5 of 6 75D-60 Total $125,000 *Office Rent is being subsidized by a DTI Board member. Santa Ana Business Council Inc. ADMINISTRATION Overhead (Office rental, supplies, insurance, misc) ................$12,500 MARKETING Special Events ...............................................................$40,000 Artwalk / Sidewalk sale (Spurgeon & 4th Street) $2,000 Valentine's Day $1,000 Spring Festival & St. Patrick's Day $2,000 Quinceanera Expo $3,000 Mother's Day $8,000 Father's Day $1,000 4th of July $3,000 Art Fair $2,000 16th & Film Festival $5,000 Lucha Libre & Halloween $6,000 Noche de Altares $3,000 Christmas $4,000 Advertising (Print/Online) ................................................. $50,625 Newsletters ................................................................... $8,750 Website & Social Media ....................................................$8,750 OTHER PROGRAMMING Holiday Promotions .........................................................$4,375 Total Total Expenditures $125,000 $250,000 Page 6 of 6 75D-61 75D-62 EXHIBIT 8 Protest Letters 2013 Downtown Santa Ana Business Improvement District Assessment As of the date the agenda was prepared 32 unverified letters of protest were received by the Clerk of the Council Office. If additional letters are received, total count will be reported out at the City Council meeting of July 1, 2013. 75D-63 75D-64