Loading...
HomeMy WebLinkAbout FULL PACKET_2016-09-06MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUGUST 16, 2016 NO CLOSED SESSION MEETING CONVENED REGULAR OPEN MEETING Members Present at 6:06 P.M.: Mayor Pro Tern Sarmiento, Councilmembers Benavides and Councilmember Tinajero. Councilmember Amezcua joined the meeting at 6:08 p.m. ITEM CONSIDERED OUT OF ORDER - PRESENTATION • SPECIAL PRESENTATION — Introduction of newly appointed President of Santa Ana College, Linda Rose, Ed.D. MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:24 P.M. ATTENDANCE COUNCILMEMBERS Present: VICENTE SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ* SAL TINAJERO COUNCILMEMBERS Absent: MAYOR PULIDO, Mayor ROMAN A. REYNA STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council CITY COUNCIL MINUTES 1 AUGUST 16, 2016 1 0A -1 PLEDGE OF ALLEGIANCE MAYOR PRO TEM SARMIENTO INVOCATION RUPERT VEGA, POLICE CHAPLAIN TELECONFERENCE - Pursuant to Government Code Section 54953(b), Councilmember Martinez participated in a portion of the meeting via teleconference from Casa Sauceda, 132 Avenida Melisende, San Dimas, CA 91733.The Agenda for said meeting was posted at said location as required by the Brown Act.* AGENDA ITEM CONSIDERED OUT OF ORDER — CONSENT CALENDAR MOTION: Approve Items 20A, 20B and 20B as recommended by staff. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Reyna (2) 20A. RECOGNIZING NATIONAL MEDAL FOR MUSEUM AND LIBRARY SERVICE AWARD FUNDING {STRATEGIC PLAN NO. 2, 2A} - Parks, Recreation and Community Services Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -015 - Recognizing grant revenue in the amount of $5,000 in the Library Grants revenue account and appropriating funds to the Library Grants expenditure account. 20B. AWARD OF CONTRACT FOR MATERIALS ABATEMENT AND ENVIRONMENTAL REMEDIATION ASSOCIATED WITH THE RENOVATION AND REUSE OF THE YMCA PROPERTY (PROJECT 16 -6876) {STRATEGIC PLAN NO. 3, 5Aj - Public Works Agency, Community Development Agency, and Personnel Sery ices CITY COUNCIL MINUTES 2 AUGUST 16, 2016 1 0A -2 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -013 - Approve an Appropriation Adjustment for Fiscal Year 2016 -17 recognizing $1,971,770.75 from the Liability & Property Insurance Fund Reserves in Balance from Prior Year and appropriating the same to the Building Improvement expenditure account for the purpose of completing the remediation of environmental hazards present at the former YMCA building. 2. Authorize the City Manager and the Clerk of the Council to execute a construction contract to Matrix Environmental, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,320,893.99, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Former YMCA Materials Abatement and Environmental Remediation project, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,971,770.75, which includes the contract base amount, consultant engineering services, design engineering, administration, inspection, testing, and an authorized contingency of approximately 30 percent, in the amount of $396,269. 20C. SPEC. NO. 16 -061 - FURNISH AND INSTALL PLAYGROUND EQUIPMENT (PROJECT NUMBERS 16 -7545, 16 -7546, 16 -7547, 16 -7548, 16 -7549, 16- 7550, 16 -2664) (STRATEGIC PLAN NO. 6, 1B) — Finance and Management Services; and Parks, Recreation and Community Services Agency Project is in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. MOTION: 1. Authorize a one -time purchase and payment of purchase order to JMJ Construction to furnish and install playground equipment in various community parks listed below in an amount not to exceed $937,374.00 plus a contingency of $30,500 for a total amount of $967,874, subject to non - substantive changes approved by the City Manager and City Attorney. a. Thornton Park - $207,205; b. Centennial Park - $87, 652; c. Delhi Park — $101,280; d. Madison Park — $54,753; CITY COUNCIL MINUTES 3 AUGUST 16, 2016 1 0A -3 e. Rosita Park —$137,062; f. Lillie King Park — $78,838; and g. Santiago Park - $301,084 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -014 - Approve an appropriation adjustment for FY 16/17 to recognize $94,779 from prior year fund balance and appropriate $71,084 into the Residential Development District 2 and $23,695 into Residential Development District 4. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 32A, with the following modifications: • Agenda Items 20A, 20B, and 20C considered earlier; and • Councilmember Martinez, pulled Agenda Item 25F for separate discussion. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: MINUTES SECOND: Martinez Amezcua, Benavides, Martinez, Sarmiento, Tinajero (5) None (0) None (0) Pulido, Reyna (2) ADMINISTRATIVE MATTERS 10A. MINUTES FROM THE REGULAR MEETING OF AUGUST 2, 2016 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. "Councilmember Amezcua abstained from approval of Minutes due to her absence at said meeting. CITY COUNCIL MINUTES 4 AUGUST 16, 2016 1 0A -4 MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — NONE 19B. EXCUSED ABSENCE — Clerk of the Council Office MOTION: Excuse the absence of Mayor Pulido and Councilmember Reyna from the August 16, 2016 City Council Meeting. 19C. EL NINO EMERGENCY PREPARATION PLAN UPDATE {STRATEGIC PLAN NO. 1, 2E} - City Manager's Office MOTION: Receive and file. 19D. QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2016 (STRATEGIC PLAN NO. 4, 1 D) - Finance and Management Services MOTION: Receive and file. 19E. QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421: APRIL — JUNE {STRATEGIC PLAN NO. 4, 1} - Finance and Management Services MOTION: Receive and file. 19F. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES APRIL 2016 — JUNE 2016 {STRATEGIC PLAN NO. 5, 31 - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on July 27, 2016 by a vote of 6 -0. MOTION: Receive and file. 19G. ECONOMIC DEVELOPMENT ACCOMPLISHMENTS AND EFFORTS (STRATEGIC PLAN NO. 3) - Community Development Agency MOTION: Receive and file. CITY COUNCIL MINUTES 5 AUGUST 16, 2016 1 0A -5 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. CONSIDERED OUT OF ORDER 20B. CONSIDERED OUT OF ORDER 20C. CONSIDERED OUT OF ORDER SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 16 -077 - BACKHOE TRACTORS {STRATEGIC PLAN NO. 6, 2} - (Public Works Agency) - Finance and Management Services MOTION: 1. Reject the bid from Yale /Chase Equipment and Services, Inc., as nonresponsive. 2. Authorize a one -time purchase and payment of purchase order to Coastline Equipment Company for the purchase of two backhoe tractors in the amount of $277,110 that includes a five percent contingency, and a $25,000 contract for as- needed tractor repairs for a total amount not to exceed $302,110, subject to non - substantive changes approved by the City Manager and City Attorney. PROJECTS /CHANGE ORDERS 23A. AWARD CONTRACT FOR THE CIVIC CENTER RE- CAULKING EXPANSION JOINTS PROJECT (PROJECT NO. 16 -2651) {STRATEGIC PLAN NO. 6, 1G} - Public Works Agency MOTION: 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to Naka Engineering and Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $86,832, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Civic Center Re- caulking Expansion Joints project, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 6 AUGUST 16, 2016 1 0A -6 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $113,000, which includes the contract base amount, administration, inspection, testing, and a $17,368 contingency. AGREEMENTS 25A. AGMT NO. 2016 -224 - LANDSCAPE SERVICES IN CITY PARKS AND FACILITIES {STRATEGIC PLAN NO. 6, 1B) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Merchants Landscape Services, Inc. to provide landscape maintenance services at the Memory Lane /Santa Ana River park site and increase the annual compensation by $12,540 (prorated for first contract year at $5,225 for the period September 1, 2016 to January 31, 2017 and $12,540 for each contract year after) for the term of the agreement, February 1, 2016 to January 31, 2018 and the two one -year renewal periods, for total annual amount not to exceed $792,459 (prorated for first year at $785,144), subject to non - substantive changes approved by the City Manager and City Attorney. 25B. AGMT NO. 2016 -225 - RENTAL AND INSTALLATION OF TRAFFIC CONTROL EQUIPMENT FOR VARIOUS CITY EVENTS {STRATEGIC PLAN NO. 5, 5C) - Parks, Recreation and Community Services Agency and Police Department) MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with California Barricades in the amount not to exceed $70,000, for a term of August 16, 2016 to June 30, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 25C. EQUIPMENT RENTAL, STAGE RENTAL, STAGE EQUIPMENT, STAGE MANAGER SERVICES, AND CARNIVAL SERVICE RIGHTS FOR THE FIESTAS PATRIAS EVENT {STRATEGIC PLAN NO. 5, 5C) - Parks, Recreation and Community Services Agency MOTION: 1. AGMT NO. 2016 -226 - Authorize the City Manager and Clerk of the Council to execute an agreement with A -1 Party Rental for rental of event equipment for the Fiestas Patrias event in the amount of $68,774.93, which includes a 10% contingency, for a term of August 16, 2016 to September 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 7 AUGUST 16, 2016 1 0A -7 2. AGMT NO. 2016 -227 - Authorize the City Manager and Clerk of the Council to execute an agreement with Stage Plus Event Staging Services for rental of a stage, stage equipment and stage manager services for the Fiestas Patrias event in the amount of $27,592.40, which includes a 10% contingency, for a term of August 16, 2016 to September 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 3. AGMT NO. 2016 -228 - Authorize the City Manager and Clerk of the Council to execute an agreement with Christiansen Amusement, Inc. for carnival service rights for the Fiestas Patrias event for an amount payable to the City of 25% of sales, with a $17,500 minimum for a term of August 16, 2016 to September 30, 2016, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. EMPLOYEE GROUP INSURANCE RENEWALS (STRATEGIC PLAN NO. 7, 6) - Personnel Services Agency MOTION: 1. AGMT NO. 2016 -229 - Authorize the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute agreements for the renewal of dental, vision, employee assistance, retiree health savings plan, long term disability, employee group life, and accidental death and dismemberment insurance, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to approve the rates as offered by CalPERS for 2017 Health Premiums for medical insurance. 3. Authorize the City Manager and Clerk of the Council to recognize the ongoing agreement with REACH Employee Assistance, Inc., executed in January 1, 2015 expiring on December 31, 2017, subject to non - substantive changes approved by the City Manager and City Attorney. 4. Authorize the City Manager and Clerk of the Council to recognize the ongoing agreement with ICMA -RC as the Plan Administrator of the VantageCare Retiree Health Savings Plan through December 31, 2017. 25E. AGMT NO. 2016 -230 - COMPREHENSIVE MEDICAL SERVICES FOR CITY EMPLOYEES AND PRE - EMPLOYMENT ASSESSMENTS FOR PROSPECTIVE EMPLOYEES {STRATEGIC PLAN NO. 7, 5E} - Personnel Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a first amendment with Occu -Med, Ltd.'s existing three year agreement, July CITY COUNCIL MINUTES 8 AUGUST 16, 2016 iIlLm: 1, 2015 - June 30, 2018, to increase the annual amount by $25,000 with a new not to exceed annual amount of $100,000 and a new not to exceed amount of $300,000 for the remainder of the term, subject to non - substantive changes approved by the City Manager and City Attorney. Councilmember Martinez, request consideration for continuance of matter to the September 6, 2016 City Council Meeting to allow all members of the City Council to participate in the discussion of said item. Councilmember Tinajero, preferred to move forward with matter; indicated that Councilmember Reyna did not object to item when he spoke to him earlier. Councilmember Amezcua, supports consideration of matter a tonight's meeting Mayor Pro Tern Sarmiento, asked that we be consistent in how we consider request of continuance; asked that all providers work with those impacted by impound. City Manager Cavazos, noted that five rotational providers are the same as prior year. UFLOWSIAM 1. AGMT NO. 2016 -231 - Authorize the City Manager and Clerk of the Council to execute a three -year agreement with To' N Mo for the period of September 1, 2016 through August 31, 2019 to provide police rotational towing and storage services, subject to non - substantive changes approved by the City Manager and City Attorney. 2. AGMT NO. 2016.232 - Authorize the City Manager and Clerk of the Council to execute a three -year agreement with California Tow for the period of September 1, 2016 to August 31, 2019 to provide police rotational towing and storage services, subject to non - substantive changes approved by the City Manager and City Attorney. 3. AGMT NO. 2016 -233 - Authorize the City Manager and Clerk of the Council to execute a three -year agreement with B &D Tow for the period of September 1, 2016 to August 31, 2019 to provide police rotational towing and storage services, subject to non - substantive changes approved by the City Manager and City Attorney. 4. AGMT NO. 2016 -234 - Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Metro Pro Inc. for the period of September 1, 2016 to August 31, 2019 to provide police CITY COUNCIL MINUTES 9 AUGUST 16, 2016 1 0A -9 rotational towing and storage services, subject to non - substantive changes approved by the City Manager and City Attorney. 5. AGMT NO. 2016 -235 - Authorize the City Manager and Clerk of the Council to execute a three -year agreement with Hadley Tow for the period of September 1, 2016 to August 31, 2019 to provide police rotational towing and storage services, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Sarmiento, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Reyna (2) 25G. AGMT NO. 2016 -236 - PROFESSIONAL SERVICES AND MAINTENANCE FOR THE CITY'S VIDEO SECURITY SYSTEM {STRATEGIC PLAN NO. 1,1) - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute a one -year agreement with Siemens, Inc. for the period of August 1, 2016 through July 31, 2017, in an amount not to exceed $174,914, subject to non - substantive changes approved by the City Manager and City Attorney. 25H. TRAINING AND EXERCISES SERVICES {STRATEGIC PLAN NO. 1, 2 & 6) - Police Department MOTION: Authorize the City Manager and the Clerk of the Council to execute a master agreement, with a one year option to renew, with each of the following 17 qualified vendors to deliver on -going training and exercise deliverables to the Anaheim /Santa Ana Urban Area on an as- needed basis, for a total four -year aggregate amount not to exceed $2,253,140 payable from federal grant funds, subject to non - substantive changes approved by the City Manager and City Attorney. 1. AGMT NO. 2016 -237 — With Applied Creative Training, 2. AGMT NO. 2016 -238 — With Amec Foster Wheeler, 3. AGMT NO. 2016 -239 - With California Specialized Training Institute (CSTI), 4. AGMT NO. 2016 -240 - With Constant & Associates, Inc., CITY COUNCIL MINUTES 10 AUGUST 16, 2016 1 0A -10 251 25J. P &7 1;'m 5. AGMT NO. 2016 -241 - With CITYGATE Associates, LLC, 6. AGMT NO. 2016 -242 - With DPREP Inc., 7. AGMT NO. 2016 -243 - With Elite Command Training, 8. AGMT NO. 2016 -244 - With Hagerty Consulting, 9. AGMT NO. 2016 -245 - With Hoertsch Training and Consulting (HTAC), 10.AGMT NO. 2016 -246 - With Hassett & Willis Associates, LLC (HWC), 11.AGMT NO. 2016 -247 - With Knowledge & Intelligence Program Professionals , 12.AGMT NO. 2016 -248 - With National Association of State Boating Law Administrators (NASBLA), 13.AGMT NO. 2016 -249 - With Organizational Quality Associates, 14.AGMT NO. 2016 -250 - With Public Safety Training Institute, 15.AGMT NO. 2016 -251 - With Security Solutions International, Inc. (SSI), 16.AGMT NO. 2016 -252 - With The Olsen Group, Ltd., and 17.AGMT NO. 2016 -253 - With Willdan Homeland Solutions AGMT NO. 2016 -254 - GRANT PROJECT AND FISCAL COORDINATOR SERVICES {STRATEGIC PLAN GOAL NO. 1, 313) - Police Department MOTION: Authorize the City Manager and the Clerk of the Council to execute a one -year professional services agreement with Willdan Homeland Services, an operating division of Willdan Group, Inc. for the period beginning September 1, 2016 and ending August 31, 2017, with a one -year renewal option, in an annual amount not to exceed $135,000, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2016 -255 - ONLINE BID MANAGEMENT SYSTEM {STRATEGIC PLAN NO. 4, 1 B) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with PlanetBids, Inc, for web -based procurement services for a three -year period beginning August 16, 2016 and ending August 15, 2019 with provision for a two -year renewal option exercisable by the City Manager, in an amount of $33,375 for the first year and an annual amount not to exceed $27,400 for subsequent years, subject to non - substantive changes approved by the City AGMT NO. 2016 -256 - DONATION TO SUPPORT A SUMMER ENRICHMENT CAMP {STRATEGIC PLAN NO. 5, 4) — Councilmember Martinez MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Delhi Center for a one -time donation amount of $2,500, subject to non - substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL MINUTES 11 AUGUST 16, 2016 1 0A -11 25L. PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3,2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute purchase agreements, subject to non - substantive changes approved by the City Manager and City Attorney, for the full purchase price of the real property listed below, and goodwill (if any), with the following property owners: 1. AGMT NO. 2016 -257 — With property owners, Jose M. Marquez and Cecilia M. Marquez, for the property commonly known as /location 1301 West 12th Street (APN 004 - 113 -34); full acquisition type, in the amount of $445,000; and 2. AGMT NO. 2016 -258 — With property owner, Liang, Inc., for the property commonly known as /location 1111 North Bristol Street (APN 405 -274- 10); full acquisition type, in the amount of $4,635,245. 25M. AGMT NO. 2016 -259 - PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase agreement with property owner Philip Albert Escobedo, for the property commonly known as 1241 Camden Place (APN 015 - 214 -10), for the full purchase price for said real property and goodwill (if any), in the amount of $4,100, subject to non - substantive changes approved by the City Manager and City Attorney. 25N. AMENDED AND RESTATED SOLID WASTE SERVICES AND AUTHORIZE STAFF TO EXPLORE ADVANTAGES AND DISADVANTAGES OF AN EXTENSION {STRATEGIC PLAN NO. 4, 1) - Public Works Agency and City Attorney's Office MOTION: Continue consideration of matter to the September 6, 2016 City Council Meeting, at the request of staff. CITY COUNCIL MINUTES 12 AUGUST 16, 2016 1 0A -12 LAND USE MATTERS CONDITIONAL USE PERMIT /VARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2016 -22 TO ALLOW INDOOR COMMERCIAL RECREATION AT THE MCFADDEN PUBLIC MARKET RESTAURANT LOCATED AT 515 NORTH MAIN STREET - JOHN CHEN, APPLICANT {STRATEGIC PLAN NO. 3,2) -Planning and Building Agency Planning Commission approved recommended action on July 25, 2016, by a vote of 4 -0 (Alderete and Verino absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -22 as conditioned. 31 B. VARIANCE NO. 2016 -06 TO ALLOW A REDUCTION IN PARKING FOR THE BRISTOL PLACE RETAIL CENTER AT 3300 -3398 SOUTH BRISTOL STREET - GREG FICK, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Planning Commission approved recommended action on July 25, 2016, by a vote of 4 -0 (Alderete and Verino absent). MOTION: Receive and file the staff report approving Variance No. 2016 -06 as conditioned. TENTATIVE PARCEL /TRACT MAPS 32A. TENTATIVE PARCEL MAP NO. 2015 -02 TO SUBDIVIDE AN EXISTING PARCEL INTO TWO LOTS AT 1600 EAST ST. ANDREW PLACE - PACIFIC CENTER OWNER, LLC, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5) - Planning and Building Agency Zoning Administrator adopted a resolution approving Tentative Parcel Map No. 2015 -02 on July 27, 2016. MOTION: Confirm the Zoning Administrator's action approving Tentative Parcel Map No. 2015 -02 as conditioned. * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 13 AUGUST 16, 2016 1 0A -13 (OUT OF ORDER) PRESENTATIONS PROCLAMATION presented by MAYOR PRO TEM SARMIENTO AND COUNCILMEMBER MARTINEZ to Clerk of the Council Maria Huizar in recognition of Women's Equality Day on August 26, 2016. *Councilmember Martinez terminated the teleconference at 6:48 p.m. and did not return to the meeting. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES to Mil Jugos in recognition of their Thirteen Year Anniversary. PROCLAMATION presented by COUNCILMEMBER TINAJERO to Sean Mill for invaluable service to the community as a Planning Commissioner. PUBLIC COMMENTS (AGENDIZED ITEMS)_ None BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR CALRECYCLE ILLEGAL DISPOSAL SITE ABATEMENT GRANT PROGRAM FUNDS {STRATEGIC PLAN NO. 5, 21 — Parks, Recreation & Community Services Agency MOTION: Adopt a resolution. RESOLUTION NO. 2016 -072 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING SUBMITTAL OF APPLICATIONS FOR CALRECYCLE ILLEGAL DISPOSAL SITE ABATEMENT GRANTS FOR WHICH THE CITY OF SANTA ANA IS ELIGIBLE MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Sarmiento Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido, Reyna (3) CITY COUNCIL MINUTES 14 AUGUST 16, 2016 1 OA -14 REPORTS 65A. REVIEW AND ADOPTION OF THE 2016 FEDERAL AND STATE LEGISLATIVE PLATFORM {STRATEGIC PLAN NOS. 1, 2, 3, 4, 5, 6, 71 - City Manager's Office MOTION: Review and adopt the 2016 Federal and State Legislative Platform. MOTION: Amezcua SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Sarmiento Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido, Reyna (3) 65B. REVIEW AND ADOPT THE ARTS AND CULTURE MASTER PLAN (STRATEGIC PLAN NO. 5, 4A) - Community Development Agency The following spoke on the matter: • Ryan Smolar, participated in development of the Master Plan, support efforts and commends staff for taking initiative. • Victor Payan, actively participated in the development of the Plan; noted that City has opportunity to create jobs and generate new revenue in addition to partnerships with various art groups. • Sandra Pocha Pena, member of the Arts and Culture Commission; thanked the City Council for funding Plan; it has been a year in planning; look forward to implementation. • Madeleine Spencer, representative of Santa Ana Business Council, highlighted importance of art in our community; supports Plan. • Robyn MacNair, Visual Arts Director for Santa Ana Unified School District, commented on nexus between City and school district efforts. • Sara Guerrero, parent volunteer at Santa Ana Unified School District and theater teacher; thanked the City Council, resident and teacher in Santa Ana; noted importance of Art Making Councilmember Amezcua, supports arts and the Plan as proposed. Councilmember Benavides, commented on various expressions of art throughout the community; youth involvement important; CITY COUNCIL MINUTES 15 AUGUST 16, 2016 1 0A -15 Mayor Pro Tern Sarmiento, thanked staff, the Arts and Culture Commission members and all involved in developing guiding principles; one of a series to be considered for Art Element; art encourages commerce. MOTION: Review and adopt the Arts and Culture Master Plan. MOTION: Amezcua SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Sarmiento Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido, Reyna (3) PUBLIC COMMENTS (NOWAGENDIZED ITEMS) • Michael Kubnikin., spoke in support of Ilya's pledge to request assistance in dealing with son's situation and Orange County Probate Court. • Ilya Tseglia, spoke of son's challenges in dealing with the County of Orange. • Robert Tseglia, echoed comments by his father, Ilya. COUNCIL AGENDA ITEM Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DISCUSS AND PROVIDE STAFF DIRECTION ON SHIFT DIFFERENTIAL PAY FOR PATROL OFFICERS AND LONGEVITY PAY FOR POLICE OFFICERS WHO HAVE BEEN WITH THE SANTA ANA POLICE DEPARTMENT FOR MORE THAN 15 YEARS — Mayor Pulido Councilmember Tinajero, inquired as to the term of the contract with the Santa Ana Police Officers Association (POA). City Manager Cavazos, indicated that City has 2 year Memorandum of Understanding agreement that was approved last year; negotiations for new contract will begin in late December or January; noted that recent salary survey revealed that officers are not highest or lowest paid but average; many lateral transfers into the City, retirements are at all time low; opined that opportunity to negotiate compensation is with upcoming contract. Councilmember Tinajero, reflected on City Council relationships with former POA Presidents; noted that compensation is bound by economy; salaries need to be sustainable and City Council needs to be accountable; noted concessions CITY COUNCIL MINUTES 16 AUGUST 16, 2016 1 0A -16 made in the past; read portion of an email from POA President to several business members; Department led by Police Chief who has provided excellent leadership and training opportunities; reported on City's reduced crime according to Federal Bureau of Investigation statistics; important to have facts; strong supporter of law enforcement officers; look forward to upcoming labor negotiations. Councilmember Amezcua, reported that City graduating 7 new officers from the Police Academy, 11 other various classes in the Academy, 12 in field training and 4 lateral transferring to City; referred to email sent by POA concerned with statistics cited; does not support item. Councilmember Benavides, asked that if there were time to discuss incentives, which when is it appropriate time. City Manager Cavazos, indicated that best time is during collective bargaining period and in context with the budget; City has reserves to be used for emergencies and increases need to be sustainable; important to consider all bargaining groups. Councilmember Benavides, supports law enforcement; look forward to amicable relationships and able to provide benefit packages that all deserve. Mayor Pro Tern Sarmiento, wish that author of item was present to discuss; concerned with crime rate and information presented; have enjoyed a congenial relationship with POA in the past; recognizes sacrifice by law enforcement officers; request that different elements be divided and budget impact provided. City Manager Cavazos, stated that 5% of shift differential and longevity amount to about $3 million in reoccurring costs; funds not in general fund and would have to come out of reserve funds; City Council may need to revisit the reserve policy. Mayor Pro Tem Sarmiento, mentioned that thresholds set in reserve policy; defer to members of the Public Safety Council Committee to advocate for grant funding. City Attorney Carvalho, noted that reserve policy contains thresholds in terms of dollar amounts as well as procedures to use reserve funds. City Manager Cavazos, City has received COPS grant funds 2 years in a row and UASI funding which is the highest increase in the Nation; have added 44 officers since 2012. Mayor Pro Tern Sarmiento, City has renewed commitment to augment number of officers; would like to break up the shift differential amount to be consistent with other bargaining groups; supports hiring of new officers to address delayed request for service calls. CITY COUNCIL MINUTES 17 AUGUST 16, 2016 1 0A -17 Councilmember Tinajero, supports our Police Department; City continues to seek grant funding and provide tools to our officers; important to provide all data. City Manager Cavazos, projecting to hire 15 new police officers. Mayor Pro Tern Sarmiento, would like hiring goal to be 100 new officers; request shift differential pay information and disparity with other bargaining groups. MOTION: Not approve request. MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Sarmiento Tinajero (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido, Reyna (3) RECESSED THE CITY COUNCIL MEETING TO THE SUCCESSOR AGENCY MEETING AT 8:13 P.M. AND RECONVENED THE CITY COUNCIL MEETING AT 8:14 P.M. WITH SAME MEMBERS PRESENT. WORK STUDY SESSION WS -1. PROVIDE STAFF DIRECTION AND DISCUSSION ON ECONOMIC DEVELOPMENT STRATEGIC PLAN - City Manager's Office The following spoke on the matter: • Isabel Lopez, member of SACReD, supports Plan; community participation important; need to encourage families to remain in Santa Ana. • Adrian Munoz, President of SACReD, thanked staff for Plan; need additional strategies. RSG Consulting Inc. presented report. The Beginning — Santa Ana Strategic Plan 1. Community Safety 2. Youth, Education, Recreation 3. Economic Development CITY COUNCIL MINUTES 18 AUGUST 16, 2016 1 0A -18 4. City Financial Stability 5. Community Health, Livability, Engagement and Sustainability 6. Community Facilities and Infrastructure 7. Team Santa Ana Economic Development Objectives 1. Vibrant business climate 2. Business /job growth 3. Customer focus 4. Shape downtown 5. Tax base expansion and job creation Research * Engage' Plan Many Audiences • Employees in Workforce - 144,300 • Employees in Santa Ana — 154,800 • Live & Work - 29% Many Audiences • Santa Ana Residents 333,000 • Incoming Labor Force +113,000 • Santa Ana's Day -to -Day Audience 446,000 (Plus shoppers, diners, jury members and others) Santa Ana is Young 18.00% 16.00% 14.00% 12.00% 10.00% 8.00°.6 6.00% 4.00% 2.00% 0.00% 0-4 5 -14 15 -24 25 -34 35-44 45 -54 55 -64 65 -74 75 -84 85+ Source: US Census Bureau, 2024 ■ Santa Ana ■ OC CITY COUNCIL MINUTES 19 AUGUST 16, 2016 1 0A -19 More Millennials than Other Big Cities % of Population Ages 24 to 34 18 v 16 14 13 Pcar.\qp 0a�e`�•e\a LrJ\ Incomes Below County Leve $90,11110 $87,267 Orange $85,1100 County Median $80,000 $75,000 $75,904 $77,676 $70,000 $6),000 $63,392 Santa Ana a $60,000 Median 13.6 '555,813 $55,000 55,115 $ 50,000 .11 -11, Larger Share of Blue Collar and Service Sector Jobs 1005;: 90�< 70Y� 20.B 60% 21. 50% 40% 30% 20% 10% 0% Santa Ana Long Beach Anaheim Chula Vista ■ White Collar a Service Sector a Blue Collar Oaklaed CITY COUNCIL MINUTES 20 AUGUST 16, 2016 1 OA -20 Overall Educational Attainment is Low 120 100 96.3 74.7 76.5 81.3 75 79.3 80.2 77.7 74.4 BO 4.y 67.7 60 53.6 40 k 4.2 20 6.9 0.3 8.5 2.2 20 1.2 11.8 0 Itee to 5 aPC° F`� �a gaff 4 If E High school graduate or higher - Bachelor's degree or higher It Gets Better by Generation 40 °/ 35 0/6 25 % 20 °% < - -- 15% !.,... 10 °% - .'... -- 5% + - - 0 °% Less than 9th 9th to 12th High school Some Associate's Bachelor's Graduate or grade grade, no graduate or college, no degree degree professional diploma GED degree degree —18 to 24 years 25 to 34 years —35 to 44 years —45 to 64 years —65 years and over s°uae: anencen c°mmunrty surrey CITY COUNCIL MINUTES 21 AUGUST 16, 2016 1 OA -21 Residents vs. Workers 18% 15% Residents 12% ■Workers 9% 6% 3% 0% c P 9r a t SaYR.S ESR I L a sedan US Cana aencan Community Survey an J aftnmu4 Local Clusters Dtl¢aPa(e�� °e`J �, °0- c -P OF ab°C� c°%co`l pe ¢ r ¢ as 4P Pa FaaaF°C�aP° e¢t0lp Health Services Hospitality Establishments Real Estate, Construction, and Development _ Commercial Services Retailing of Clothing and General Merchandise Food and Beverage Processing and Distribution Motor Vehicle Productsand Services Financial Services Community and Civic Organizations -� Personal Services (Non-Medical) Household Goods and Services i Logistical Services Entertainment and Media Utilities Noll Education and Training Industrial Products and Services Mill a% 2% a% 6% a% lon6 12% 14% 10% 9M 8�.Skna la% IJ CITY COUNCIL MINUTES 22 AUGUST 16, 2016 1 OA -22 Regional Clusters Business Services Distribution and Electronic Commerce Hospitality a nd Tourism Financial Services Education and Knowledge Creation Information Technology and Analytical instruments Marketing, Design, and Publishing Insurance Services Medical Devices Communications Equipment and Services Metalworking Technology d Production Technology a nd Heavy Machinery I Printing Services Plastics Transportation and Logistics a OC ■ Santa Ana Vacancy Rates 14.00 ^% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% 15% 20d 15% li Industrial Office Retail ■Santa Ana aCounty CITY COUNCIL MINUTES 23 AUGUST 16, 2016 1 OA -23 Annual Rents per Square Foot Industrial $8.76 $9.36 Office $21.36 $24.84 Retail $22.08 $23.88 Outreach 6 Formal I group meetings for information and feedback 25 one -on -one meetings ad calls with stakeholders 90 people at community meeting with surveys, voting, comment cards Summary of Top community Participant Responses 1 Guard against gentrification 2 Education and training is the key to better jobs 3 It feels like the City cares more about outsiders than residents 4 Public safety and community spaces should be top civic priorities Community Votes Be Development Increase Public Safety 15% Provide More Housing Choices 16% Augment the � and Culture Identity 9% Attract Good Jobs A-/ ................ure 13 Meetings and Interviews — Common Themes • So much potential • Need more positive imagery in media CITY COUNCIL MINUTES 24 1 OA -24 Maintain Diversified Retail 8% Keep Manufacturing Jobs 3% Improve .Educational Attainment 28% AUGUST 16, 2016 • Need greater recognition of cultural resources • Santa Ana brand is not defined, nor marketed • Long- Standing reputation of a hard -to- negative City Hall • City is poor communicator • Young people aren't getting enough information on educational pathways • WDB and other job resources not understood or even known about • Affordable housing efforts not known, nor is regulatory environment understood Interviews — Developers • New development is high risk in Santa Ana • Land use codes not attractive • Downtown suffers from lack of housing and office investment • Need competitive edge for small firms to interest them in tenancy Meetings & Interviews — Businesses • Mexico labor market threatens manufacturing jobs • Downtown dynamic is improving, but City has not kept pace • Irvine, Irvine, Irvine • Homelessness is pervasive and highly detrimental to businesses • Police force lacks adequate recourse to deal with specialized problems • Numerous and highly factionalized special interest groups deter action Strategies in 4 Groups 1. Development 2. Jobs and Clusters 3. Downtown and Small Business 4. Education Strategies - Development Input Notes Strategy Development too risky Increase by -right development opportunities Open opportunities for business growth; Density opportunities on major corridors /transit centers, reduce risk; foster healthy communities and southeast commercial pockets and transit access; more people Into downtown Lack of brand, communication, interface - Develop a "marketing and branding strategy, training: at City Hall Poor relationships; need for business Increase and Improve connectivity with local businesses; engagement in community including defining roles for Chamber and City staff Range of housing options; housing to Ensure a range of incomes in new rental housing support businesses; healthy community ". development focused in walkable nodes .design; more people Into downtown to - support business growth CITY COUNCIL MINUTES 25 AUGUST 16, 2016 1 OA -25 Strategies —Jobs and Clusters Input Notes strategy Don't have to be Irvine, but must prepare Develop plans for a smart City future for future business growth /change groups for collaborative proposals and City follows the BID's Ensure safe environment; opportunity to Plan now for expanding the marijuana Industry lead; job center for legal, professional, Modify and streamline the business license system financial that are needed Modify business license fees Capitalize on clusters and proximity; range Extend medical - related uses from Orange into No. Main to of jobs capture strong cluster jobs Strengthen workforce opportunities; help Develop a first- source referral program training programs be successful and grow spaces for So. Main Strategies — Downtown and Small Business Input Notes Strategy Too many special interests; lack of trust; New operating agreement between City and downtown BID situation has Improved over last 1 -2 years groups for collaborative proposals and City follows the BID's through collaboration lead Need real data to see trends and red flags Modify and streamline the business license system Deterrent to starting; too expensive Modify business license fees Working well where its done now, In -kind Become a collaborator to create business coaching and assistance to local businesses, grow local jobs training opportunities Attract investment to opportunity area, reduce Create low -cost pop up incubator opportunities in vacant vacancies, foster small business growth spaces for So. Main Healthy communities, smart city growth, Continue Investment In Infrastructure, including Internet business support Infrastmcture Underutilized asset, supports transit and Take advantage of the train station - increase events, connectivity, expand downtown amenities reconsider the tenant mix, increase connectivity with downtown Strategies - Education Input Notes Need to Improve educational attainment; collaborative environment necessary for workforce development; greater access to jobs for residents Counseling is the key to success Re-engage with SAUSD and businesses to develop a talent pipeline management effort Greater career counseling In partnership with others City Manager, comments by the City Council will be incorporated into Plan. CITY COUNCIL MINUTES 26 AUGUST 16, 2016 1 OA -26 WS -2. PROVIDE STAFF DIRECTION AND DISCUSSION FOR PROPOSAL ON ECONOMIC DEVELOPMENT AND NONPROFIT FUNDS - City Manager's Office Item continued to the September 6, 2016 City Council Meeting. COMMENTS 90A. CITY MANAGER'S COMMENTS • City Manager Cavazos, encouraged all to attend the upcoming Downtown Santa Ana 5K and Ciclovia event on Saturday, August 20, 2016. 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Thanked City Manager Cavazos for leadership in opening portable restrooms for homeless in the Civic Center and extended hours at the former Transit Terminal; need permanent restroom facilities; and • Wished all a great school year. Councilmember Benavides: • Wished Councilmember Martinez a happy birthday; • Encouraged residents to participate in upcoming 5K run on Saturday, August 20th; • Reported that Townsend / Raitt hosting Resource Fair from 10 -2 pm. on Saturday, August 20th; • Wished all returning students and teachers a good school year; • Zoofari event scheduled for August 27th; and • Urged all to shop in Santa Ana and support local businesses. Councilmember Tinajero: • Congratulated Councilmember Amezcua on promotion as teacher coach; • Thanked law enforcement officers for hard work; request factual data be presented; noted that other police departments do not have paid lunch; and • Excited for new school year; love new Santa Ana Unified School District's motto "because of our students we exist ". Mayor Pro Tern Sarmiento: • Thanked all speakers - meeting unlike others in that quorum was obtained, lost and regained; CITY COUNCIL MINUTES 27 AUGUST 16, 2016 1 OA -27 • Agreed with Councilmember Tinajero that continued discussions with POA important; accurate facts needed - would like disparity on data to be worked out; deference to public safety council committee; and • Thanked Clerk of the Council Office for engaging in voter registration campaign; remind all to get out and vote. ADJOURNED - 9:10 p.m. - The next meeting of the City Council is scheduled for Tuesday, September 6, 2016 at 5:00 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 • Community Engagement Program • Economic Development Strategic Plan • Drone Regulations • General Plan Update CITY COUNCIL MINUTES 28 AUGUST 16, 2016 1 OA -28 REQUEST FOR COUNCIL ACTION ,p CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE; BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORTS OCTOBER - DECEMBER 2015 AND JANUARY -JUNE 2016 (STRATEGIC PLAN NO. 5, 1) "CITY MANAGER RECOMMENDED ACTIONS CLERK OF COUNCIL USE ONLY: r_1ta9 Z6040E ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Wearing For_ CONTINUED TO FILE NUMBER Receive and file Boards and Commissions Biannual Attendance Reports. DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the City Council of member attendance at Board or Commission meetings. The Clerk of the Council office is implementing new biannual reporting periods, January through June and July through December effective this report. For this report only, the remainder of year 2015 (October - December 2015) has been captured along with the new January through June period. Please note another change during this period, the Workforce Investment Board is defunct and the Workforce Development Board was established per Resolution No. 2016 -031, approved on May 17, 2016. City Charter Section 901(c) provides that if a commissioner absents self from two (2) regular consecutive regular meetings in a six month period or fails to attend at least half (12) of the regular meetings within a calendar year, the seat shall become vacant and be so declared by the City Council. Examination of the attendance reports indicates that no current board or commission member seats warrant a vacancy at this time. Therefore, the action requested is receive and file the report. 13A -1 Boards and Commission Biannual Report September 6, 2016 Page 2 STRATEGIC PLAN Approval of this matter allows us to Sustainability, Priority #1, Establish access to information and create discussing public policy and setting FISCAL IMPACT meet Goal #5. Community Health, Livability, Engagement & a comprehensive community engagement initiative to expand opportunities for stakeholders to play an active role in priorities. There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council Exhibits: 1. Biannual Attendance Reports (10) 13A -2 J_ U z n 0 v v zo Q LL NW LL 0z z W Q J a z m O N u u A N rl O N a+ u z 0 U) cn O U W F- u 0 z Q F- Q W z z z O Mn 0 O U Q O m d R 0 W O) o i5 W d d g � X X X x X X d >O O rn z Y d Td x x x x x x U) d d C V rn W O S d LO X X X X X Z X w Q0 ,-z � O •� d W '2 a O Y rL y J -p 'E ; d W p -p 0 N p : d co O' 9 CD t7 N o c c c _ V g _ o _ a Q 13A -3 e d Q d Vl X d e a 7 v e d B Q d Vi 7 K W II W d d N c a c d O z Q c II N x d 3 c d E } N W � Vd ® W Lf Z w � Q w 0 ro a d c CD m a J_ V Z 0 (y0 r U ZO jL a W Q NW LL 0z Z W Q J a Z Z m N 0 N N 5 I 0 N ii u .L t N i W a Z Z O N O U Q O 00 13A -4 V G d .4 Q d y K d c a v c d N N 7 x W d C l W Y W U z Q Z W F Q ai C 7 C C N E w Y C R LL t L R C d C .y d d E d �c R 0 d d U C R U rn E X U 0 m R 0. N X X X X W X Z X R WD Z'm D c Yi ) L. d D X X X X X Z X U,p rn a Y � r d. f zw- <R J O IL L a N X X Z X X X z X d Q � w r X X z X X X X X d m m:O W � LL',C N X X z W X X X W .N' a Y, R Z �S N w X Z X X X X X W a C Y O` W R ` LL d Y y O m C ® J pj R A.. A c d N R c E O a > 4 U 5 t7 v o o a C� 13A -4 V G d .4 Q d y K d c a v c d N N 7 x W d C l W Y W U z Q Z W F Q ai C 7 C C N E w Y C R LL t L R C d C .y d d E d �c R 0 d d U C R U rn E X U 0 m R 0. -j § z : 0 Q (� uN z0� 0 F. v ■ (L w 0 oz , °F) «E Q : z z Q m \ { 2 # z c \ / § } j k � § �2 LLI \ \ §) ui E ° 5 k ° ( d ( CIA u = u u \ § \ \ 7 / $ ) z0 u u u u u 5 B L .M a ; / B S g / :2 E © " t / ( j u ( �8 / / \ j / \ 2 uj 2 } \ « § k § ■ z k ° a / [ [ J ( § g I B . . � ( 12A.5 k B / LU LU � § / / a G! V C d a a a v N 7 X d c m U c d N Q a m w a U K W W B d B c a w w Y w U Z F Z Z W W Q U 13A -6 ri Ul H of i d 3 m m N 2 c m E r m a m N W O N N W a w CO COa W C U.- W O � a OWO p UJ r W r O w Z N W m Co O U O (D W a z W BO 2 W G! V C d a a a v N 7 X d c m U c d N Q a m w a U K W W B d B c a w w Y w U Z F Z Z W W Q U 13A -6 ri Ul H of i d 3 m m N 2 c m E r m a m N W O N N W a J_ 5 Z 7 V H V Q0� Q�N LU FOZ LL 0Z� Z Z UF' r Q J Q Z Z TA a Z z d� U zJ1 T cW G a Z N w Q Q Q Q Q Q N W O I-1 W. d U U U U U U N d w A Y� Q81�' g C r N x x x W x W d d g N d A Q Q Q Q Q Jp N L c U U U V U U ad U U U V U U M = m K0 rn N x x w x W x i� d d N d ao C N x x x W W x w w wa) LL N Ym a� N x x x x w x M w N W Q a N a z LL Q m U t7 J W O W = m W W W z Z U) O a H Imo- a W } m Y � 13A -7 v N a a a m N 3 K d c u C d N a 'D Gl N 0 V M W W v c w Y W U Z Z w a N W O N W O w Z p Z O U a O LL v c d N Q a m N 7 K d C I v V C v N a Q a d N 3 H W W a d a c Q V w Y w U a F o z z w w aO 13A -8 U) H .e 7 R C rn fA a R d 2 Y C d R Q d rw N O N ao C1. Y R W D 2 7 c d w N ,w G Q 67 d d N d Y J p IL c Q N d 2 � Q N d N � A Q OC c m W LL � N � R Qm U tm z.S Y c� G CW C Z w 00 2 w 2 v c d N Q a m N 7 K d C I v V C v N a Q a d N 3 H W W a d a c Q V w Y w U a F o z z w w aO 13A -8 U) H .e 7 R C rn fA a R d 2 Y C d R Q d rw N O N ao C1. J V 0 U 0 ZOv Q N A L 4aL u u NSA LU LL U N OZ® el L A U u QO J Z Z a_ f0 z O O U ui zz z O M O U D O m N IX d Y Lu M W Q J . p C N U U :; LLI d x x x x x N � w w CO w C N U pd m z� ° X X X X X N UJ co O 0 iXi U 00 X X X X X w Q f0 z V 2 N W LLI U ® d 00 Q O t N w N e i 2 d E e 5 a c� c0 13A -9 v C a V N a x w e u d V e d N a Q d N a x w w a C Q ww Y w U vj Z Z Z w w h O Q U 0 �Ja 0 a. a J_ U Z 0 0 v ZO'^ Q � � I-a� NWT LL u 0ZN V W v Q J a Z Z m Z O_�p V/ VPO G O U W Q Z Z O N O U_ Q O m N d Y Wa Z = e, W d d N X X X X X X Y 0 QC 07 C �e Y d N w X X X X X N N Y R IL c q y g N X X W X X X N 2 R w �a) N X X X X X to Y UO LU G W LL d N � Q N Z N rli Y co V QO) � C Y d X X X W X z W Z V 4) V A O m W L) 'C 'K y O) G) L O O mC R f0 0) ~ •�`` E C L Q C7 0 C4 r 22 13A -10 rz d y L d U) 3 e _ II v C d rn Q d pJ 7 x W W d C w Q II X T n ■ h Z W O U c W e .e C d m (d Q. J U Z 0 U N� Ua N ®d Z 400 d a W yWl LL tk N oZO N FO60 Z UFO V F- 40 J Q Z Z m CW G 4 Z Z O y y U MO W W CO p W C a7 W W d °g I co x x x x x x x mp W e Od m z� x ° x x x x x N w I W° 00 0 W U 00 T x x x x x y CW C Q � Z T v A a = m i O ai a r o ui m CF 2 C C G -j C d tm N G O E m (� 0 lz N 13A -11 d v c d a a v N R M d C d rz c d d x W W a w a C d T J w 0 v W m d J_ U Z 7 0 6 r ZFN c a�W i FO S N I V.V� t c hB' i Z Z U 4 W -� , F v � Q i f J € Z u Z Q m u R I 1 1 1 f i i i I d Q� z a � m LU d o C Z Ix LU W e m U of C °c 00 . y 0 > V `x 71 3 d 5 U' C m L 0 @ F N E ® O G y a lz C7 C E y c g 'a �, a d LL, � V N d .1+ R y. O d rn �5 m m x x x x w x w x N 6f Jp 0. C d(D 4) cli x x X X w x x x _o rn d g co X W X X X 7 d QO d c m c c m « LL m U d Q� z a � m LU d o C Z Ix LU W e m U of C °c 00 . y 0 > V `x 71 3 d 5 U' C m L 0 @ F N E ® O G y a lz C7 C E y c g 'a 13A -12 V � c r N N a d � y a d V LL 4) a s s II �y ^e s cc ( °0 0 � a a d u w m It o w N t a � m ¢ e II 'O X 4 V Y w Z F d Z O lye Z W QO o ea �, a V � c r N N a d � y a d V LL 4) a s s II �y ^e s cc ( °0 0 � a a d u w m It o w N t a � m ¢ e II 'O X 4 V Y w Z F d Z O lye Z W QO -j u z _ 0 Q (� Qo N k� § v 0 ■ a & 0 U) w� ozk �/\ «§ � « � 2 z Q _ LU � q § k § zz ) § \ k S m! )/ ua !) �\ o« `&. x x x x x x x x x LU \5 °)� u« z u= -i j w e » k \ $ § - a z �_ \ _ / ) ) ƒ 0 k a \ ; \ 4 # ) \ � .....� �.« 12A.13 ) B \ LU u 2 § \ / G � d d LU L e m p V Q W C y n 0= x m W d p� A d Lu N W R O. m p N o W W� U Q p Z W Q vj F W OU vi � y O Z Od Z d N L W CO p O H c U y O d W a Z W 2 a d V C d N Q a d N 7 V d C d v e m 9 a d N 7 K W W 13A -14 N W O N N OA P. d L e V Q e y n x m A d O. Y N o W N U Q p Z W Q vj F W OU vi � y O Z 13A -14 N W O N N OA P. J_ U Z 0 U U aow o Q�N LU FaZ IA W LL OZ< Z Z UFO a J Q Z Q m z O Cam_ C 0 0 cn w U 0 U) w U 0 U) x 111 Q Z z O N U) g O U O Q 0 m N d Y R wo Z D C g �i Y R � O Q C1 Y d d N d Y R J 0� o. c d � n x x x x x x x x 2 R 0 w d ac c� m w LL N N Y � Q � z N x w x x x w x x Q g n U Q z U w J J w O � r v ° a 2 a - Y c z C w a A m Q 2 J • J LU m y y d = 'a O o a R R ~ c g U U O chi N � 2 13A -15 d C d N a Q a d N 7 K CD c d v d a d y 0 X w w a d a C C w Y w U z Q z Z W F Q N W O m N 0.. C O .N N E E O U d L 3 O U) U .Id N a W 7 Z I— Z O U O LL N d eti r N a W D � C Q ^yz' II X rn c CW Y IiC^f �W a c� C R w U W Q rn Y 2 Y N W d I @d G Z F N d Z W A w Jp c d c R a U � d N d m xn on Im Qc � d ev N d 0 Q � c m« W N LL m N fY d Z w W m m v C d N Q 'G d N 7 v c CD U C d a V m N 7 U X W W a eti a .�c i+ Q II X rn c Y d c� C R w U W Y 2 N W U I co Z F Z W A c O R Q U � 13A -16 N w 0 N J U Z 0 0 VO N OQ Z Qa E d 0� IL d N0I Wto ®zN Z 0 V Q 0 -I Z Z 0 fA N tIJ z z z O N_ O U O a O m w mo p w c w �+ �0) T x x x x x x x u w we z z� x x x x x x x m CD W ro O of O w d � � ro d > o •d c ro c z � a a o d a m w m y c N C7 N un uj T t C w w CL o 13A -17 M c N a a K m c d v s a a d X W L' d v d W 0 In Q z Z w w 0 ro a Vi y w Q w C W Q �NN � y W tv A � W C Od Z L wo m 0 V y Ow W Q Z w no W m v c d N a Q N 7 V d C II d V d V x w w Er v G d Q X RI Y w U 6 Q F Z W w Sc Q U 13A -18 N W O N O W N a J_ U Z U U 400 QaN LU F(Z NL Lu LL }O}ZQ I�0Z Z U � ,d� a J a 0] 0 0 P, z z z O in "2 g Q U O d O 13A -19 N W O C4 LU Z Q Z � C Y= X X x X w X X m yO 4 w 25 d �d d m xo U r W X X X X W X N m D D c m w LL 0 w E m ` m � ° a c Z `C7 m v N Z kx to O LU (D p C) d m 7 3 m p rt G c LU w w ° g o co 13A -19 N W O C4 �1 v Q d 7 U d G d U C N Q d N V 1C W F r c x www Y� wa Uz QO no hK a° d U d N Q d N U K d C d U C Q d X w a N V d) w Y w 4 h o w W Q U 13A -20 h� w 0 hl a w Z � w d d � I Qrn i � c d d a� � 1 O 0, c Q ' d N d xa U G � y d N d Q O 00 W d LL � N a° tm a gw Z w W w d U d N Q d N U K d C d U C Q d X w a N V d) w Y w 4 h o w W Q U 13A -20 h� w 0 hl a J_ U z 7 0 U FN Uo ON L Z Q Q0� d d N�® W LL 0 N 0Zo N Fly Z LU 0 a+ QO J Q z Q m z O U) U) O U 0 z Z z J a w a Z z O rA U) c� G O U K a O fd m w � � �=:= i- � � LU w m❑ -A 20) W a0 �" U a z U W J J w ❑ c LUg r x x x x x z x y /p� W g W c " N U a z U w J J W ❑ Od Z d g m x x x x x x w N L a a3 W C M ❑ C fO N LU x x x x x x 0% N r X x x x x w W u — a) a 1p z s W L a V 2 B m m ai aya ai m 9 ) x T w m L ° y y d c -_ a w u ai c m m 13A -21 d c d a d G1 3 K of c D v C d a V a1 7 X w w of B C Y a m LU w Y W U z zZ W r N W O N b0 a c O N E O U c c c ro a i 0 W z Z H Z O U O LL d U C d N Q L d N 7 U d c d V c d a Q d N 7 M W W V w W U 6 Z H Q Z W W � F O Q U 13A -22 N 4. O N N y � M a ON N N c E r (6 Q N W A 00 p W C U W � D � W R 00 � 3 O N Z 47 H L WQ m O O w z Z K w fd LU LU 5' d U C d N Q L d N 7 U d c d V c d a Q d N 7 M W W V w W U 6 Z H Q Z W W � F O Q U 13A -22 N 4. O N N y � M a ON N N c E r (6 Q N J_ V Z 0 V �F VI I'Y 0 O Q�N UJ �- aZ N0i W OZ< �_ � Z Z OFD H Q J Q Z Q m LU Q Z Z O Fn co O U Q O m d y WD a C N U Q Z U W J J W O d d r x x x x x w x w R S N x w x x x x x x x x x w x w N N J 0 a C N x x x x x X X Q( T W W x x x X X d 3 D () N x X x W x X X Q � d O U Q Z U W J J w d Q L] a c w X X x w x x x m i+ w(D N LL co x x x x x X X N R Q13 O tm Z C N N w x X X X x X � d T`' r r X X W X Z X W w 1C m z w t a E b c W = J co m r2 °O R 10 'i O C Q co m 0 � 13A -23 V s d 9 Q B d a X d c D d U s d .NO d to a K w w a d v s LU w Y w U Z Q O Z W F Q N W O N P. c O U) CE G O U ai c c m a. i LU w a z H z O U O LL tl! d r N w® Z � C 7 �Ly N a+ A r� a� y` C r d d �L N CSI ac Q d N d a+ Sb U w tm �(D d ao Xa m- w LL y r S tm T < d w Q z w w ca 2 LU m c d N a a D d N 7 V d d a d N k w w d c Y Q m Y w Y w U 6 z F Q z B w z wF F O Q U 13A -24 \m N W O N N bh J_ U Z n 00 r_ V a0o Q�N LU �aZ 7 UJ U. orz FD] /`ZZ v w 7 J Z Q m V c w a d y 7 X d C r e d U) Q V N 7 M W W d c r W Y W U Z z Z W F Q M O N ro a 71 d - Y Wp Z � C d d g' N 4) Y Q 07 ry '. >( k �( W W W X K X x 2 c, Y d Y m a c p a d _ R Z � m Lu LL � } m Qp z,c �d a z p c c a C c �' 10 a ai z m' p, R c a ;d c w a LU > 0 W Im a O m 13A -25 V c w a d y 7 X d C r e d U) Q V N 7 M W W d c r W Y W U Z z Z W F Q M O N ro a 13A -26 d V C d H 8 Q a d N 3 G x c c i 4) c d N Q a d N 7 V X W W a d a s d Y Y Q X W U Q B Z W F F- Q M W O N N bA N C4 d V C G7 N a Q d Vi 7 9< d C I v O C d N a a d W v LI w w a w v c CD LU W Y W V Z Q O 2 W F- F a U) z Z W O U r M O 0 N N a E 7 Z C O 7 O d T a O O N r r as c 0 a d s N a d B O O Q1 Y C d E CL O d d CD 2 O O 9E 13A -27 M W O M N b-0 t3 Q+ 13A -28 J_ V Z 0 U FN Uo N O ZO ab�E o� a N� o w Oz0 LO N Z 5Fo �U ao J a Z Z Ma W C Q Z z O Fn _y O U D a O m x�xIxIxIxIxIWlWIWlzl W O O a U o m ;?.! 13A -29 d c d c Q D m L) K (, C II a d a Q D m x L II L D d D C d M 1 w Y W U Z a O Z W F- F Q O1 W O N bA a a c c 0 U E O LL y 13A -30 C d R r, 0 N U C d N a a m N 7 x x m c 1 d U c d N .G Q a v N 7 x X W II W a a a c w } W Y W U 2 a 0 Z W H Q M 4� O N N bA ttl a a N C 0 UC G 0 LL d V c Q1 Q a d N 7 K Q c n a U c d Q a N 7 X W II W a d a C d a II X W W U z Q z z W Q H z W c� G 0 U N 0 N W N d 0 8 U 0 c O a N C m d N c O N Y co 00 13A -31 e ai VV N O 2 M w 0 M N b]) p Ise � W G � U � , LU w X X +ei 0� i % zIx>ia W m mp° 0 U "" p W'. Q 0 Q E7L rn d g ~ " I rl + d V c Q1 Q a d N 7 K Q c n a U c d Q a N 7 X W II W a d a C d a II X W W U z Q z z W Q H z W c� G 0 U N 0 N W N d 0 8 U 0 c O a N C m d N c O N Y co 00 13A -31 e ai VV N O 2 M w 0 M N b]) J_ U Z I 0 } U_ 0(D 0 Z Z �N Faz N�� W OZLL 0 7 Z Z UFO v Q J Z Q m W �L a 2 Z O v/ O U O 00 ,d G W Z �,c r 77? m g Y a N d w '6 a.c a« p Y ° x x x x x x a #t; d a=0 y 7 � rtN m W LL � k kt„ � w � m , 0 7 d t�Si i,I: i sky i r`f Lu # .0 II, e4M1i =t I(i e U O lW "zta««a t,: �O C 0 0 ` uj .0' m3 Y cc W W I�T rrs t t�H 13A -32 d v c d a a d N_ K II d V C Gl d N X W II W a m a c I W Y W U Z a 2 W F a w 0 a 13A -33 d d a d 7 x 47 C II d v C d a d N 7 X W II W d a c is Q II X i W Y W U Z Z W i c� 0 N b�0 a N` d _ -Y R W❑ z C N d Y R Q of g c d N Y„ R N a r N d Y ° U C) _� W K W K W W K X W W K X Q C ii; d d SR wm LL N � d A Q �I 7,y S`c W R # Q�', d i #: Yy #`I I w W # r a L �. r N .:�.. LU # d : L Os t fj, i. ii' t •; .ij 0i•'p .y Z m N Im : t ^C C N OUP' "''i,IE; 13A -33 d d a d 7 x 47 C II d v C d a d N 7 X W II W d a c is Q II X i W Y W U Z Z W i c� 0 N b�0 a 0 W D Z F Z O U O LL CD U c Q N Q N U) K d C II 7 d U C N U) Q L d N 7 K W n W d Q II K W W U Z 0 Z W F Q h Z W O U O N M ro N LL C O S d C 6I V) d d W CD CD ro U G C O O O y Q O O Y Y U Q' ro >1 O d � 7 d L � O N N y L r U m C m Cm C 3A -34 w ro w 0 ro Wo ztm ter, y _ro d s i N d a+ J in ro a G; w 77 N d :. L) w Im W X r2 ,, t' N � d ii 3t K R 4w C W >'• LL d g � ro 0 ' Jjp si ; r :.. Z m Q W O N Y7 i CD U c Q N Q N U) K d C II 7 d U C N U) Q L d N 7 K W n W d Q II K W W U Z 0 Z W F Q h Z W O U O N M ro N LL C O S d C 6I V) d d W CD CD ro U G C O O O y Q O O Y Y U Q' ro >1 O d � 7 d L � O N N y L r U m C m Cm C 3A -34 w ro w 0 ro J U Z D O U r N Z Q w E O V a 9f sNi.W O Z o N V W O F- F- Q O Q Z Z Q m ui Q Z 13A -35 C � O m w m¢ � C� E � o a 0 N m m V) m G d 13A -36 J U z O U V /q m z ®N a O C z IL LU LU a � � LL (.) N O z � 3 V z W R a J a z z a m N Y �m d r � s � w - d a 00 g m d o d' W d T @ 0) ^Z C N 0) N 0 N O d' W w M 6 CL a y Cd G \ 0 ow X aNi V L O s ^2 r N 0) O N N O 0' W A E E y 0 U �R L @ � m a LL O 0Lo 0nX 0 N @ 7 r C C @ y W � d d _ Z ` o)n (if X Z O N A d O E .2 O O z v°)i U) X d Q E X G L O m N Q W O m Q X W D ' W MA X w IX ,IX �_ m Z) X Ix ILU X? N d N @ N _ @ N i A @ 0 O 0 J d of o C �L6 YS) N a V c m¢ L co X X X X X'r W v¢ O @ s.- 13A -37 X X X W X? Z) C C ,@ o C •� C YS) N c m¢ X X X X X'r W w IX " ix w � m X w IX X X C C ,@ o C •� C YS) N c m¢ y m7 m¢ v¢ O @ s.- 412N r C L� C O` N N 'O @ s U C m N 'O @ N d 7 �' @ m 'O -a @ �� �� a) 3: < �� 5- U 1 13A -38 co 0 L @ C _m N 2 C N @ Q N REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE; APPOINTMENT TO THE WORKFORCE DEVELOPMENT BOARD (STRATEGIC PLAN NO. 5,1) CITY MANAG 1:1*i0i�,IJiJ4,Ll1974s1rae 111*7►1 CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Appoint Enrique Perez, Executive Director of the International Consortium for Education and Economic Development replacing John Didion, and Dr. Linda Rose, President, Santa Ana College replacing Dr. Erlinda Martinez to the Santa Ana Workforce Development Board, representing higher education and Tiitle II adult education for a partial -term expiring June 30, 2017. DISCUSSION In compliance with legislation outlined in the Workforce Innovation and Opportunity Act (WIOA) of 2014 an oversight board is required with the membership appointed by City Council. The Workforce Development Board (WDB), in partnership with City Council, provides policy guidance, directs activities to actively solicit public and private support for and participation in workforce programs and provides oversight to ensure efficient and effective operation. WIOA Section 107(b) (2) (A) lists membership categories that must be represented on the board with a majority of the board members from the private sector. John Didion and Dr. Erlinda Martinez represented mandated categories from the Santa Ana College and their School of Continuing Education Center. With their recent retirements the chancellor of the Rancho Santiago Commuity College District has forwarded a letter requesting that Mr. Enrique Perez and Dr. Linda Rose be appointed and represent their respective categories on the WDB. Their respective resumes are attached (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussion public policy and setting priorities). 1313-1 Appointment to the Workfoce Development Board September 6, 2016 Page 2 FISCAL IMPACT There is no fiscal impact associated with this item. Robe C. Cortez — Special Assistant to the City Manager City Manager's Office RC /DS /sb Exhibit: 1. Nomination letters and resumes 13B -2 August 8, 2016 EXHIBIT 1 2.323 North $rwdwoy n $am Ann, CA 92706 -1640 a (714 ) 480 7300 • v. Wssccd.rrlu Sakim, Ana C`oldapt - 'vurinvgu Uoh,�e Mr. Lee McMurtray Chair Santa Ana Workforce Development Board 1000 E, Santa Ana Blvd„ Suite 200 Santa Ana, CA 92701 Dear Mr, McMurray, On behalf of the Rancho Santiago Community College District (RSCCD), I am pleased to nominate Interim Vice Chancellor, Educational Services Enrique Perez for appointment to the Santa Ana Workforce Development Board in the area of Higher Education. With more than 20 years of experience working with industry, government and higher education in the area of economic and workforce development, Mr. Perez has the background which will enable him to make a meaningful contribution as a member of the SAW DB. As Interim Vice Chancellor of Educational Services, he oversees all of the district's economic and workforce development programs ranging from entrepreneurial programs, small business development, international trade and contract training. Mr. Perez also serves as the Executive Director of the International Consortium for Educational and Economic Development (ICEED), a consortium of community colleges from the United States, Mexico and Canada focused on economic and workforce development projects throughout North America, RSCCD is also the grant administrator for the LA /OC Regional Consortia, an initiative of the State Chancellor's office which focuses on Career Technical. Education. Mr. Perez oversees the work of the LA /OC Regional Consortia which represents more than a third of the economy of California. We, are confident that Mr. Perez will do an outstanding job representing RSCCD arid be a major contributor to the SAWDB. If you should require anything further, please contact us. Sincerely, Radl .Rodriguez, Ph,D. Chancellor BOARD 0� wiu;r;•: N:ml gxir;yetim �! f' 13B -3 August 8, 2016 2323 Nrrih 0raad,Vav c Smla Ana, CA 9^ <:'O6 1640 + 171 A) A80 7300 a wa»Y.rs4d,adu Mr. Lee M'oMunray Chair Santa Ana Workforce Development Board 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 Dear Mr, McMurtray, Sauxtn -N"a Co 1, y,, � Sa:u itt ,o ('vmPm Caaeg!' On behalf of the Rancho Santiago Community College District (RSCCD), I am pleased to nominate Dr. Linda Rose, President of Santa Ana College, for appointment to the Santa Ana Workforce Investment Board in the area of Adult Education & Literacy. Dr. Rose is an experienced educator and not a stranger to Santa Ana, having served as the Vice President of Instruction for Santa Ana College from 2011 to 2014. We are confident she will do an outstanding job representing Santa Ana College and our district. We have enclosed Dr. Rose's current bio for your information and reference. If you should require anything further, please contact us. Sincerely, Rairl. Rodriguez, Ph.D. Chancellor Enclosure flw. 1 �� � � :eon .. 4 v u � ,� m � l_'n ♦ � . ��.r u,.v r , i r, r/ 1 :.'l� cs�.., �+ . • I � »I+ r�xx� va_ � � r..:by' i .�a.,yl. K s riA:'� {i:'v'.LgF F;,el re, 13B -4 I Linda Rose, Ed.D. President, Santa Ana College Dr. Linda Rose was appointed president of Santa Ana College in July 2016. Reporting to the community college district chancellor, her responsibilities include planning, organizing and implementing educational policy and procedures to develop curriculum, , and student: support services; budget management; enhancing partnerships with business, governmental and community organizations, as well as with K -12 and higher education institutions in the area; and leading the institution's fiord development efforts. Prior to her appointment, Dr. Rose served as president of Los Angeles Southwest College from 2014 to 2016 where she provided leadership in the management, supervision, and development of instructional programs, student, and administrative services that support student achievement and progress; oversaw activities in planning and accreditation; and provided direction and leadership in the development and operation of the college's $28 million budget and the planning and utilization of existing and new bond - funded facilities, Dr. Rose returns to Santa Ana College where she served as vice president of academic affairs from 2011 to 2014, Serving as the college's chief instructional officer, she provided leadership and advocated for collaboration in a participatory governance environment in support of college administrators, faculty and staff as they planned, revised, evaluated, and delivered all instructional programs and activities. She supervised and directed the college's accreditation self-evaluation process and provided leadership in ongoing bond - related construction of instructional facilities, In addition, she supported the development of credit bridge programs with SAC's Continuing Education Division. As a product of the community college system, Dr. Rose has dedicated her career to community college education. She began her career at Cerritos College as a part time English instructor. While there she earned a tenured faculty position and served as the college's Puente Program co- coordinator helping to serve educationally underrepresented students and coordinated Cerritos College's Program for Adult College Education (PACE). She also served as English Department Chair and later was named Dean of the Liberal Arts Division. As an academic leader, Dr. Rose is a regular presenter at coufemnces and meetings including participation as a panel participant for the American Council on Education: Women's Leadership Network.. Earlier, a keynote speaker for the American Association of University Women's Women Hold up Half the Sky Conference and has served as a workshop facilitator for numerous Associated Students of Cerritos College Loadmhip Conferences. Previously, she was also a co- presenter at the International Conference on the First Year Experience in Southampton, England and served as a guest host for IUCC's Ebony program. Dr, Rose served on the Los Angeles Southwest College Foundation Board of Directors and the Taller San Jose Board of Directors. She was also an appointed member of the California Community College Chancellors Office, Workforce and Economic Development Program Action Committee. Among her honors and awards are: the Cerritos College Outstanding Administrator Award; the Cerritos College Outstanding Faculty Award for the Liberal Arts Division; PNio's GVho AmongAmerica's Teachers, Fifth Edition; and the National hrstitute for Staff and Organizational Development Teaching Excellence Award. Awarded tier doctorate in Educational Leadership from the University of California, Los Angeles, Dr, Rose also holds a Master of Arts in English and Bachelor of Arts in Interdisciplinary Studies from California State University, Dominguez Hills and an associate degree in Liberal Arts from West Los Angeles Community College. 13B -5 13B -6 A01 I 10 U61 j 0 CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR JULY 2016 (STRATEGIC PLAN NO. 5, 1) CITY MANAGER CLERK OF COUNCIL USE ONLY APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for July 2016. DISCUSSION The July 2016 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: http: / /www.santa -ana. ora /strateg is -plan nin,g STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT IJ*eeju,I 1W- 17T�7T+ Iii �►7►1 CLERK OF COUNCIL USE ONLY: •:• _K ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the submission of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on August 24, 2016, by a vote of 4:0 (D. Gomez and A. Garcia absent), the Community Redevelopment and Housing Commission recommended that the City Council authorize submission of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. DISCUSSION The Consolidated Five -Year Plan (Plan) is a comprehensive planning and application document that covers the three entitlement grants that the City receives annually from the U. S. Department of Housing and Urban Development (HUD). The Plan outlines a strategy for using the three grants and other resources to meet community needs as they were identified in the Plan. These three entitlement grants are Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Program (HOME). The Plan also identifies five -year numeric goals for meeting the identified community needs that Santa Ana will work toward during the period covered. As part of the Consolidated Plan process, the City is required to submit annually a Consolidated Annual Performance and Evaluation Report (CAPER) (Exhibit 1). The CAPER describes the activities and accomplishments for these federal entitlement grants during Fiscal Year 2015 -2016. It also reports the City's success in achieving the five -year objectives that are established in the Plan. Fiscal Year 2015 -16 is the first year covered by the 2015/16- 2019/20 Consolidated Five - Year Plan. 19D -1 Consolidated Annual Performance Evaluation Report September 6, 2016 Page 2 The following table highlights accomplishments achieved during Fiscal Year 2015 -2016: Activity Accomplishments • El Salvador Park Improvements and Community Garden • Memorial Park Lighting Improvements Capital Improvements ' Townsend Neighborhood Lighting Improvements • Residential Street Improvements in the Pico Lowell neighborhood • Acquisition for park development at 6th /Lacy and Raitt/Myrtle • Fire Station 72 Rehabilitation Economic Development • Small Business Incentive Grants to 12 Businesses Public Services • Funded 12 programs and served 6,428 persons i Approved loan award of CDBG and pre loan award of HOME funding to the Santa Ana Arts Collective project for the development of 58 affordable rental units Housing • Approved loan award of HOME funding to the Guest House project for the development of 71 affordable permanent supportive housing units for homeless individuals and families • Rehabilitated four single family units and mobile homes • Down payment assistance to two Families Code Enforcement • Inspected 3,546 housing units and issued violations • Correction of code enforcement violations estimated at $2,304,172 • Provided assistance to 3,724 persons through Street Outreach, Homeless Services Homeless Prevention, Rapid Re- housing or Shelter inlcuding 192 Veterans, 555 Victims of Domestic Violence, and 1,180 Elderly individuals HUD regulations require that the CAPER be available for a 15 -day public review and comment period prior to its submittal. On August 9, 2016, a public notice was published in the Orange County Register, La Opini6n, and Nguoi Viet News indicating that the draft report would be available for review and public comment beginning August 20, 2016. The draft CAPER was also available for public review on the City's website. All comments received in written form and at the above - mentioned public hearing will be included in the final document that is to be submitted to HUD, which is due by no later than September 28, 2016. Due to the timeframe for submission, the final document may include minor revisions, pending final activity and expenditure reports. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 - Fiscal Sustainability, Objective #1 (maintain a stable, efficient and transparent financial environment). The CAPER reports the City's accomplishments and expenditures associated with the following HUD entitlement grants: 19D-2 Consolidated Annual Performance Evaluation Report September 6, 2016 Page 3 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Program (HOME) during the 2015 -16 fiscal year. FISCAL IMPACT There is no fiscal impact associated with this action. Robert Cortez �_...._ - - - - -- Special Assistant to the City Manager City Manager's Office RC /jb /sv Exhibit: 1. Draft Consolidated Annual Performance and Evaluation Report 19D-3 EXHIBIT 1 Draft Consolidated Annual Performance and Evaluation Report: http: / /www.santa- ana.oro /cda /documents /DRAFT2015- 2016CAPER. pdf 19D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR AUGUST 2016 (STRATEGIC PLAN NO. 5, 1) ITT MANAGER _0 I fa. •. Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: =01 ❑ As Recommended ❑ As Amended ❑ Ordlnance on 1®i Reading ❑ Ordlnance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER The August 2016 Capital Improvement Program Executive Summary Schedule (Exhibit 1) provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. r d Mousavipour Executive Director Public Works Agency FM:Io Exhibit: 1. Capital Improvement Program — Executive Summary Schedule 19E -1 19E -2 s v in u � a W a a _ a� N N O I I 3?� C m W A = E S a m LL E q aoZ� s 6 I I .y » r.. • .I .. . .I .a a .1 .. S• S S S F tl a a< r .n . .. 3 n r S F S r Y a S S •}0 ? au a r r J tl e J d J M J d d J J d w nu N d3 J N N tl NW J J u C a a a EnE � s V a C E o E S fr ,.s ` 'o c ° E N �• C c^ ^ a E u y .. a E E g o Z y a _ Esc °m` " °�=gE €'� A2 `a uCC P r a o° n u a 2 ^` a >^ v v° C 8 c Y' c 0 m n? c c E z£ q__ c S Cn .m i c_ 5 ge c 3 W d Lp Z a .i iz z.'.Y.. $$P EXHIBIT 1 19E -3 "s s y u z W Q Y 3 m a 2 a a 2 LL O b N N 'a O 2 z 0 2 a= a� I as . 7lllllllll1��111111L�L_ 111111IlIiIl1 ltWlllSlllliLll�flll.IlLL1_J i if ifi�i -iy I I i a � 19E -4 C v E e x E E E E n c v « c a i 33 *0 ti'c3Z m qq c m 19E -4 C v ) i . \ � � .. a.. .. ... ... . .. . . ... . . ^ \|| ... .. c §;E. ...... . ..�■ <. § ! 3 )$ ! !| §N ,�,r�, .f | >! \ �. «� »�! ■ -� • -�| ;, |3939_ |k l• ;�| | | §! � ®,! !,. |7! ;! ;!�° °39|39!| :- :,.39«|39. :_,��� ;•!!��! Q |■3939!! !- !l ;�- 3939!!!! ;< !1, 39 1 ;1 2.!! §$!|))!!|!!! k 19E-5 � a � gr a� s as ' II a W ya vvi ! R S % Y s• V 4 a7 N � p 0 u tL W V' E a ce C u gg g gg g 4� �I 9c z ° f o 5 °} .4 9 o E c '�a q` 6La "C3 w5em AV u`3c °7_ °Sm . q '_` ¢ •„. ` a` 'Y a N� C r c o vY ffi C g q E n H o � o Poi o ac`a` m`56G s "s¢92 '-z 0 Uz « "3po6 "wR ^v�$$86 "w « "am 19E -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE, SEPTEMBER 6, 2016 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 11 CITY MANA RECOMMENDED ACTION 344X4r73ETell10IgI1111111k AUOYk A r_I;J:J Ti]�1 � ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2 " Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the request for the destruction of obsolete records from the Police Department in accordance with the retention schedule outlined in City Council Resolution 2013 -014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013 -014 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 5B 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. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Exhibit: 1. Memo Request for Destruction of Records — Police Department 19F -1 19F -2 2016 AIjG { 9 f °M. 6: 5 CITY CF alai -- ` Aka CLERK Lei t To: Maria D. Huizar, Cleric of the Council From: Jaime Mendoza Date: 8/18/2016 Re: Records Destruction Request Attached is request from the Jail Records Division to destroy records in accordance with the City's Records Destruction Policy. If you have any questions or concerns, please feel free to contact me at x8620. Thank you. J rMendoza Santa Ana Police Department, Acting Police Administrative Manager M — I L2j 19F -3 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: JAIL Record Category Record Series Record Description Record Dates JAIL INMATE DOCUMENTS INMATE FILES (459) 2003, 2004, RECORDS FASTBOOKS (37) 2005 JAIL LOGS DAILY SHIFT ASSIGNMENTS, 2005, 2006, OPERATIONS MAINTENANCE, MEMOS 2007, 2008 JAIL ADMIN POPULATION DAILY POPULATION 06,07, 08, 09, ROSTER ROSTERS,ADSEG. 10,11 ROSTERS JAIL INCIDENT INCIDENT ADMIN. REPORTS, 2006, 2007, OPERATIONS REPORTS DAILY LOGS, ADSEG. MAIN. 2008 JAIL ADMIN I/M MAIL LOGS I/M MAIL SUMMERY 2009, 2010, 2011, 2012, 2013 JAIL SHIFT ACTIVITY ARMORY, VISITOR LOGS 2009, 2010, OPERATIONS LOGS 2011, 2012, 2013 JAIL RECORDS CONTRACTS 2009,2010, 2011, 2012, 2013 JAIL RECORDS COURT LISTS 2006, 2011, 2012,2013 Page "-F'4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: JAIL Prepared by: Name: THOMPSON Title: SCA PER RECORDS SUPERVISOR GUILLEN Number of boxes to be destroyed: 566 CONS BY: i / /%W Carlos Rojas, Chief of Police Date Police Department APPROVED BY: LLW' N. v !v I l I Ito Carvalho, Sonia R. Date _City Attorney Records destroyed by: Print Name & Badge # Date of destruction: Signature Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 14 -5 19F -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: UPDATE ON DROUGHT CONDITIONS AND WATER SUPPLY (STRATEGIC PLAN NO. 5,2) CITY MANAGE Receive and file. DISCUSSION 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 Last year, Santa Ana's Water Resources Division launched a comprehensive campaign called "Every Drop Counts: Let's Not Waste It." The campaign was designed to educate the community about the drought, Santa Ana's Level 2 Water Shortage requirements, and methods to conserve water and help the City to reach its twelve percent conservation target. Under this campaign, staff used every possible channel for outreach including: • Bill inserts and newsletter articles • Posted online articles and published water saving tips • Attended over 150 public events • Organized a water conservation poster contest • Distributed water conservation kits • Installed street light banners advocating water conservation The community responded to the City's call for conservation and achieved nearly twenty percent water conservation levels; far outpacing the State - mandated twelve percent conservation level. On August 2, 2016, the City Council approved Resolution No. 2016 -071 (Exhibit 2) rescinding and scaling back Phase 2 Water Supply conservation measures by declaring a Phase 1 Water Supply Shortage, and applying less restrictive water use prohibitions pursuant to Santa Ana Municipal Code section 39 -105. The Resolution and accompanying staff report presented a thorough and concise recitation of recent administrative and regulatory actions relating to conservation during this historic drought. Specifically, staff performed the State's required water supply stress test and determined that the City is able to meet one hundred percent of the community's water demands. 19G -1 Update On Drought Conditions And Water Supply September 6, 2016 Page 2 The target for Citywide conservation was reduced with the enactment of this resolution. Previously, the City's conservation target was a twelve percent reduction below 2013 use. It is now a three percent reduction below 2013 use. Nonetheless, appropriate and significant water use restrictions remain in effect for both residents and businesses. The attached flyer (Exhibit 1) will be distributed in upcoming utility bills to all City utility customers to keep them well informed on our conservation efforts as a community and their important role in using water resources responsibly. There is no way to forecast whether this most recent drought will persist, nor the duration or degree, but caution and conservation are warranted until such time as water supply exceeds water demand for the foreseeable future. As the Governor's most recent Executive Order (Exhibit 3) on this matter (Executive Order B- 37 -16, May 9, 2016) explained: And, "( D]rought conditions may persist in some parts of the state into 2017 and beyond, as warmer winter temperatures driven by climate change reduce water supply held in mountain snowpack and result in drier soil conditions;" [T]hese ongoing drought conditions and our changing climate require California to move beyond temporary emergency drought measures and adopt permanent changes to use water more wisely and to prepare for more frequent and persistent periods of limited water supplyGT' Staff thanks Council for their continued leadership in communicating this important message to the community. Staff will continue to update Council and provide guidance and support to our community and ratepayers as the City remains their partner in conservation and environmental stewardship. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT 19G -2 Update On Drought Conditions And Water Supply September 6, 2016 Page 3 There is no fiscal impact associated with this action. a Fr d M usavipour Executive Director Public Works Agency FM /NS EXHIBITS: 1. Ratepayer Flyer and Bill Insert — "Water Use Efficiency Program" 2. Council Resolution No. 2016 -071 3. Executive Order B -37 -16 19G -3 19G -4 44 M �- J ® Outdoor watering is restricted to`k than three days per week and only the hours of 6 p.m. and 6 a.m.* 6 Leaks must be repaired within 48 hours notification by the City. it No washing down sidewalks or driveways, t No excessive water flow or runoff that causes water to flow onto an adjoining sidewalk, p *ire` rlvivm *rav c +res +'H." n.r + +.N n''H+rh . grits, cafes and bars can only serve customers on request. Hotels and motels must prominently display a notice providing guests with the option of choosing not to have towels and linens laundered daily. Dry conditions in California have eased, Will someone monitor my water use? CIF No. It is your responsibility to monitor your own use. in the future, once new electronicwater meters are installed, you will be able to monitor your water use. In the meantime, reduce your outdoor watering and indoor water use. Will I be cited by the City's Community Preservation Division if my front yard lawn turns yellow? No You will not be cited for complying with the City's current outdoor watering restrictions. However, all other code violations will continue to be cited. I am interested in replacing my lawn with something else. What can 1 do? You can visit www, santa- ana.org /waterconservation for sample designs, ideas, training, guidelines, and other resources, including a link to our Turf Removal Program offered through Metropolitan Water District (MWD), which provides rebates of up to $2.00 per square foot of grass removed and replaced with drought tolerant landscape. If you do not have access to the Internet, give us a call at (714) 647 -3500. How about the parkway, am l responsible for that too? Yes. Although the parkway is in the City's right of way, it Is the property owner's responsibility to maintain and keep it clean. Icy neighbor is always wasting water. What is the City doing about it? There are ways to report water wasting. You can call our water hotline at (714) 647 -3500, email us at conservewater @santa- ana,org, or use our MySantaAna smart phone app. Please try to include the exact location and pictures. I've seen water flowing in streets and other public areas. What is the City of Santa Ana doingto conserve water? The City is held to the same restrictions as residents and businesses. We have stopped watering ornamental turf on public street medians as well as Flushing our fire hydrants unless necessary to maintain water quality. We. also moved to a two -day watering schedule (evenings only) for all public building landscapes and parks. If you ever see water being wasted by the City, please use the ways mentioned above to report them. I live in an apartment; do I need to cut back on my water use too? Yes! Living in an apartment or a house makes no a difference when it comes to water conservation. You can focus: on reducing your indoor water use like washing only full loads of laundry and dishes, taking shorter showers, and shutting off the water while brushing your teeth and shaving. Visit the sites listed above for more ways on how to conserve water indoors. have fixed all leaks and fine -tuned my irrigation system, what else can I do? We all can do more. Look for opportunities to conserve water throughout your home and in your daily routines, including washing hands, taking showers, and doing the laundry. Keep in mind, whenever water flows from the faucet to the drain with nothing in between, you are wasting water! o h2ou"se.o •, h2ocans� e.org 19G' -6 Jmf06/29/2010 RESOLUTION NO. 2016 -071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LOWERING THE CITY'S DROUGHT WATER CONSERVATION STANDARD FROM TWELVE PERCENT (12 %) TO THREE PERCENT (3 %) AND DECLARING THE EXISTENCE OF A PHASE 1 WATER SUPPLY SHORTAGE 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 April 1, 2015, Governor Jerry Brown issued an executive order to cities and towns across California to cut water use by 25% as part of a sweeping set of mandatory drought restrictions in response to record -low water levels in the state's rivers and reservoirs as well as an abnormally small snowpack. B. Based on Governor Brown's mandate, the State Water Resources Control Board approved emergency regulations assigning mandatory water conservation standards ranging from 4% to 36% to individual water suppliers, including the Water Resources Division of the City of Santa Ana. C. Under these regulations, effective June 1, 2015, the City of Santa Ana was required to reduce its monthly total potable water production by 12 %, using 2013 as the base year. D. On June 2, 2015, by Resolution No. 2015 -025, in accordance with Santa Ana Municipal Code section 39 -105 and Water Code sections 350 through 353, and following a duly noticed public hearing, the City Council of the City Santa Ana, as the governing body of the City of Santa Ana Water Resources Division, declared a Phase 2 Water Supply Shortage and implemented additional regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use to conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. By the same Resolution, water customers were ordered to reduce their monthly total potable water consumption by 12 %, using 2013 as a base year. E. Pursuant to Santa Ana Municipal Code section 39 -105 and Water Code section 355, the Phase 2 Water Supply Shortage shall remain in effect EXHIBIT 2 Resolution No. 2016 -071 Page 1 of 5 19G -7 until the water supply shortage has ended or until another phase has been implemented. F. On November 15, 2015, Governor Brown extended water conservation measures through October 31, 2016. G. With California still experiencing severe drought despite recent rains, on February 2, 2016, the State Water Resources Control Board adopted an extended and revised emergency regulation to ensure that urban water conservation continues in 2016. H. Effective March 1, 2016, the City of Santa Ana's conservation standard was lowered by the State Water Board based on credits for its participation in and use of water from the Orange County Water District's Groundwater Replenishment System, which is considered a new local, drought - resilient water supply by the Board. On May 9, 2016, Governor Brown issued a new executive order directing actions aimed at using water wisely, reducing water waste, and improving water use efficiency. This executive order, in part, directed the State Water Board to further amend and extend the emergency drought regulations for urban water conservation through the end of January 2017. J. On May 18, 2016, the State Water Board adopted an extended and revised emergency regulation to replace the February 2, 2016 regulation. This regulation will be in effect through January 2017 and requires that local water suppliers calculate their own conservation standards based on a "stress test ", which requires them to prove they have sufficient water supplies to withstand three years of continuous drought, or take additional measures that include mandatory conservation targets. K. While under these standards, the City of Santa Ana's conservation standard is 0 %, the State Water Board has stressed the overall need to continue water savings. Consistent with this approach, and the positive response by City residents to earlier conservation measures, the City's original conservation standard of 12% may now be reduced to 3 %. L. Additionally, a Phase 1 Water Supply Shortage may now be implemented, in accordance with Santa Ana Municipal Code section 39 -105 and Water Code sections 350 through 353, following a duly noticed public hearing. Pursuant to Water Code sections 351 and 352, and Government Code section 6061, the City of Santa Ana, at least seven days prior to the date of hearing, published in a newspaper of general circulation notice of the time and place of the public hearing of such declaration that was held on Resolution No, 2016 -071 Page 2 of 5 19G -8 imf 06/29/2016 August 2, 2016, at which customers had an opportunity to be heard to protest against the declaration and to present their respective needs to the City Council. Section 2. Water customers served by the City of Santa Ana Water Resources Division are ordered to reduce their monthly total potable water consumption by 3 %, using 2013 as the base year. Section 3. Pursuant to Santa Ana Municipal Code section 39 -105, and Water Code sections 350 and 353, the City Council hereby declares a Phase 1 Water Supply Shortage and implements additional regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. Section 4. The additional mandatory regulations and restrictions on the delivery of water and the consumption of water within the City are those identified in section 39 -107 of the Santa Ana Municipal Code, as repeated here for convenience: (1) Restrictions on watering lawn, landscape or other turf areas shall be modified to prohibit watering more often than every other day or Monday, Thursday, and Saturday. Such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) The watering of lawn, landscape or other turf areas of commercial nurseries or golf courses shall be allowed between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) No customer shall make, cause, use or permit the use of water for any purpose in excess of the applicable percentage of the amount used in the customer's premises during the corresponding billing period of the base year as set by council, such percentage to be determined by city council and set forth in the resolution declaring Phase 1. There shall be no restriction on the use of reclaimed water under this provision. (4) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy -two (72) hours of notification by the City, unless other arrangements are made with the City. Section 5. The City Council has the right to deny applications for new or additional service connections, and has the power to enforce the regulations and Resolution No. 2016.071 Page 3of5 19G -9 restrictions by discontinuing service to consumers willfully violating the regulations and restrictions. Section 6. The restrictions in this Resolution shall remain in effect until the supply of water available for distribution within such area has been replenished or augmented, at which time the City Council will declare an end to the water shortage emergency by resolution. Section 7. All water customers are urged to reduce water usage by following water conservation practices inside and outside the home. Section 8. Business owners are encouraged to take steps to improve their water use processes. Section 9. The City encourages infrastructure upgrades to the water system involving (1) technology which provides up -to -date use information and trends to residents and business owners through a web -based customer engagement system, and (2) leak detection systems which allow early detection of water leaks to minimize waste and conserve water. Section 10. The City Council agrees to support actions that address current drought conditions and calls for increased awareness and extraordinary conservation of our precious resource. Section 11. This Resolution shall flake 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 2n° day of August, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ��" r ° a By; iVV .A- — JcMn M. Funk Assistant City Attorney Resolution No. 2016 -071 Page 4 of 6 19G -10 )mf 06/29/2016 AYES: Councilmembers: Benavides, Martinez, Pulido, Reyna, Tinaierc (5) NOES: Councilmembers: ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Amezcua, Sarmiento (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2016 -071 to be the original resolution adopted by the City Council of the City of Santa Ana on August 2, 2016. Date: Clerk of the Council City of Santa Ana Resolution No. 2016 -071 Page 5 of 5 19G -11 19G -12 + rcuitu� :40gatjtttent 9ttttr of TnI furttia EXECUTIVE ORDER B -37 -16 MAKING WATER CONSERVATION A CALIFORNIA WAY OF LIFE WHEREAS California has suffered through a severe multi -year drought that has threatened the water supplies of communities and residents, devastated agricultural production in many areas, and harmed fish, animals and their environmental habitats; and WHEREAS Californians responded to the drought by conserving water at unprecedented levels, reducing water use in communities by 23.9% between June 2015 and March 2016 and saving enough water during this period to provide 6.5 million Californians with water for one year; and WHEREAS severe drought conditions persist in many areas of the state despite recent winter precipitation, with limited drinking water supplies in some communities, diminished water for agricultural production and environmental habitat, and severely - depleted groundwater basins; and WHEREAS drought conditions may persist in some parts of the state into 2017 and beyond, as warmer winter temperatures driven by climate change reduce water supply held in mountain snowpack and result in drier soil conditions; and WHEREAS these ongoing drought conditions and our changing climate require California to move beyond temporary emergency drought measures and adopt permanent changes to use water more wisely and to prepare for more frequent and persistent periods of limited water supply; and WHEREAS increasing long -term water conservation among Californians, improving water use efficiency within the state's communities and agricultural production, and strengthening local and regional drought planning are critical to California's resilience to drought and climate change; and WHEREAS these activities are prioritized in the California Water Action Plan, which calls for concrete, measurable actions that "Make Conservation a California Way of Life" and "Manage and Prepare for Dry Periods" in order to improve use of water in our state. EXHIBIT 3 1 9 -13 NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular California Government Code sections 8567 and 8571, do hereby issue this Executive Order, effective immediately. IT IS HEREBY ORDERED THAT: The orders and provisions contained in my January 17, 2014 Emergency Proclamation, my April 25, 2014 Emergency Proclamation, Executive Orders B- 26 -14, B- 28 -14, B- 29 -15, and B -36 -15 remain in full force and in effect except as modified herein. State agencies shall update temporary emergency water restrictions and transition to permanent, long -term improvements in water use by taking the following actions. USE WATER MORE WISELY 1. The State Water Resources Control Board (Water Board) shall, as soon as practicable, adjust emergency water conservation regulations through the end of January 2017 in recognition of the differing water supply conditions across the state. To prepare for the possibility of another dry winter, the Water Board shall also develop, by January 2017, a proposal to achieve a mandatory reduction in potable urban water usage that builds off of the mandatory 25% reduction called for in Executive Order B -29 -15 and lessons learned through 2016. 2. The Department of Water Resources (Department) shall work with the Water Board to develop new water use targets as part of a permanent framework for urban water agencies. These new water use targets shall build upon the existing state law requirements that the state achieve a 20% reduction in urban water usage by 2020. (Senate Bill No. 7 (7th Extraordinary Session, 2009- 2010).) These water use targets shall be customized to the unique conditions of each water agency, shall generate more statewide water conservation than existing requirements, and shall be based on strengthened standards for: a. Indoor residential per capita water use; b. Outdoor irrigation, in a manner that incorporates landscape area, local climate, and new satellite imagery data; c. Commercial, industrial, and institutional water use; and d. Water lost through leaks. The Department and Water Board shall consult with urban water suppliers, local governments, environmental groups, and other partners to develop these water use targets and shall publicly issue a proposed draft framework by January 10, 2017. 3. The Department and the Water Board shall permanently require urban water suppliers to issue a monthly report on their water usage, amount of conservation achieved, and any enforcement efforts. ELIMINATE WATER WASTE 4. The Water Board shall permanently prohibit practices that waste potable water, such as: Hosing off sidewalks, driveways and other hardscapes; o Washing automobiles with hoses not equipped with a shut -off nozzle; • Using non - recirculated water in a fountain or other decorative water feature; • Watering lawns in a manner that causes runoff, or within 48 hours after measurable precipitation; and • Irrigating ornamental turf on public street medians. 5. The Water Board and the Department shall direct actions to minimize water system leaks that waste large amounts of water. The Water Board, after funding projects to address health and safety, shall use loans from the Drinking Water State Revolving Fund to prioritize local projects that reduce leaks and other water system losses. 6. The Water Board and the Department shall direct urban and agricultural water suppliers to accelerate their data collection, improve water system management, and prioritize capital projects to reduce water waste. The California Public Utilities Commission shall order investor -owned water utilities to accelerate work to minimize leaks. 7. The California Energy Commission shall certify innovative water conservation and water loss detection and control technologies that also increase energy efficiency. STRENGTHEN LOCAL DROUGHT RESILIENCE The Department shall strengthen requirements for urban Water Shortage Contingency Plans, which urban water agencies are required to maintain. These updated requirements shall include adequate actions to respond to droughts lasting at least five years, as well as more frequent and severe periods of drought. While remaining customized according to local conditions, the updated requirements shall also create common statewide standards so that these plans can be quickly utilized during this and any future droughts. The Department shall consult with urban water suppliers, local governments, environmental groups, and other partners to update requirements for Water Shortage Contingency Plans. The updated draft requirements shall be publicly released by January 10, 2017. A ..- r., „_A 10. For areas not covered by a Water Shortage Contingency Plan, the Department shall work with counties to facilitate improved drought planning for small water suppliers and rural communities. IMPROVE AGRICULTURAL WATER USE EFFICIENCY AND DROUGHT PLANNING 11.The Department shall work with the California Department of Food and Agriculture to update existing requirements for Agricultural Water Management Plans to ensure that these plans identify and quantify measures to increase water efficiency in their service area and to adequately plan for periods of limited water supply. 12.The Department shall permanently require the completion of Agricultural Water Management Plans by water suppliers with over 10,000 irrigated acres of land. 13. The Department, together with the California Department of Food and Agriculture, shall consult with agricultural water suppliers, local governments, agricultural producers, environmental groups, and other partners to update requirements for Agricultural Water Management Plans. The updated draft requirements shall be publicly released by January 10, 2017. The Department, Water Board and California Public Utilities Commission shall develop methods to ensure compliance with the provisions of this Executive Order, including technical and financial assistance, agency oversight, and, if necessary, enforcement action by the Water Board to address non - compliant water suppliers. This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 9th day of May 2016. LM Governor of California ALEX PADILLA Secretary of State REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: SANTA ANA STADIUM CONSTRUCTION UPDATE {STRATEGIC PLAN NO. 6, 1B & 1G} CITY MANAG CLERK OF COUNCIL USE ONLY: ^:• 0' ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file an update on the Santa Ana Stadium construction. DISCUSSION On June 7, 2016 the Santa Ana City Council received an update on the construction work occurring at the Santa Ana Stadium. Below are some of the highlights from that update. • It has been over 52 years since the Santa Ana Stadium has undergone any major construction • On January 19, 2016, a contract for structural concrete repairs was awarded with an estimated completion date of May 2016. • In late March 2016, the contractor discovered significant structural deficiencies, which pushed the completion date back to September 2016. • In the effort to minimize field use impacts for sports organizations, staff met with sports organizations to share an alternative field plan. • Staff, in partnership with the Santa Ana Unified School District (SAUSD) and Santa Ana College (SAC), made every effort to accommodate the annual graduation and commencement ceremonies at Centennial Park. The contractor has completed the scope of the contract associated with the west side of the stadium. Currently, the contractor is scheduled to complete the scope of the contract for the east side of the stadium as well as the press box by August 31, 2016. There will still be esthetic work remaining after August 31, 2016, but the contractor has indicated that the work will not impact the use of the stadium. The work can be completed when the stadium is not in use. City staff is coordinating with the contractor to complete all aspects of the contract. Fortunately, the Stadium will be ready for the start of the football season with the first game of the season on September 1, 2016. 19H -1 Santa Ana Stadium Construction Update September 6, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plan). FISCAL IMPACT There is no fiscal impact associated with this item. Pr Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 19H -2 w 0 • . • I I Z L41 I • CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 SANA ANA WORK CENTER OFFICE RELOCATION UPDATE (STRATEGIC PLAN NO. 2,4A) .. I CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _• 00 -w As Recommended ❑ As Amended CJ Ordinance on tat Reading ❑ Ordinance on 2nd Reading E7 Implementing Resolution 1-1 Set Public Hearing For CONTINUED TO 1:111A111181"193 Receive and file the Santa Ana WORK Center relocation update. DISCUSSION The Santa Ana WORK Center (WORK Center) is a component of the City's economic development efforts that provides dislocated worker services and facilitates Santa Ana based businesses the opportunity to acquire skilled employees. In fiscal year 2015 -16, the WORK Center served 26,910 people and invested over $774,000 in vocational skills training. More than 4,000 clients received one -on -one assistance with their resumes and 68% of the participants were employed one quarter after completion of the workforce program. In addition, the WORK Center's business services team visited 200 Santa Ana businesses promoting its customized training, recruitment services, and rapid response efforts. The culmination of the WORK Center staff efforts has contributed to the improvement of Santa Ana's employment levels and the decline of the unemployment rate to its lowest levels since the great recession which as of June 30, 2016 is 5.2 %. In April 2016, City staff and management from the Employment Development Department, Department of Rehabilitation, OC Social Services, and Santa Ana College, the primary partners that comprise the WORK Center began to explore the possibility of relocating and expanding WORK Center services. The intent of this effort is to better serve our residents, the surrounding business community, and locate to a new facility to increase classroom space. The WORK Center is located at the Santa Ana Regional Transpiration Center (SARTC) and current configuration of the facility no longer accommodates the needs of the partnership. Additionally, with the implementation of the new federal Title I Workforce Innovation and Opportunity Act and Title II Adult Education legislation, staff has held productive discussions with Santa Ana College in co- locating basic skills and certificate programs which would further integrate and expedite services for our common clients. 191 -1 Santa Ana WORK Center Office Relocation Update September 6, 2016 Page 2 Given the facility needs and the goal to further integrate services with Santa Ana College, the WORK Center staff and its primary partners have initiated site visits with four potential properties which in addition to providing viable office and classroom space, will also provide adequate parking and close proximity to public transportation. Staff anticipates selecting a new location this fall and shortly thereafter will bring forward a recommendation and lease agreement to City Council for consideration. WORK Center staff and its primary partners anticipate relocating in early 2017. STRATEGIC PLAN ALIGNMENT The relocation of the WORK Center offices allows the City to meet Goal #2 (Youth, Education, Recreation), Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents), Strategy A (Partner with the California Endowment, Santa Ana College, Chapman University, UCI, CSUF and other institutions of higher education to design career pathway programs that support priority workforce industries (Retail, healthcare, manufacturing, renewable energies) that results in faster reemployment of Santa Ana's residents). FISCAL IMPACT No fiscal impact associated with this item. Robert-Cortez Special Assistant to the City Manager RC /DS /II 191 -2 .; 0 r L MOM •' ,.. 1 1. CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: SANTA ANA POLICE DEPARTMENT STATISTICS (STRATEGIC PLAN NO. 1, 2) ! a, � CITY MANAGER A 4:f7 �ill I1iaTK•I A :•-:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on Td Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file Santa Ana Police Department Statistics Memorandum. DISCUSSION This memorandum is a follow -up to the August 16, 2016 discussion on item 85A related to crime statistics, hiring, budget, and patrol staffing (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 — Community Safety, Objective #2 (broaden communications, information sharing and community awareness of public safety activities). FISCAL IMPACT There is no fiscal impact associated with this item. EXHIBIT: 1. Memorandum 19J -1 19J-2 yp:• 1 6 MEMORANDUM To: Mayor and City Council Date: August 30, 2016 , From: David Cavazos, City Manage Subject: Follow -up to August 161h Council Meeting This memorandum is a follow -up to the August 16 85A and the related discussion on crime statistics, hiring, budget and patrol staffing. Before providing information on our progress and successes in the area of improved public safety, it is important to thank our dedicated public safety professionals and City leadership, including our current and former Police Chiefs. We express our special gratitude to our Police Department for their service to the Santa Ana community. I would also like to thank the Police Officers Association past President Franks and current President Serrano for their continued commitment to making Santa Ana one of the safest communities in the country. Santa Ana is commonly ranked among America's safest large cities by various publications (e.g. Forbes Magazine ranked Santa Ana 4`h safest city 20091, ADT Security Company ranked 5`h safest city 20142, WorldAtlas ranked 11th safest city 20163, and Niche ranked Santa Ana in the Top 50 safest US cities 2016°). The Federal Bureau of Investigations (FBI) Uniform Crime Rate (UCR) is the basis of evaluation for these rankings. Safety always comes first and is a major reason that Santa Ana has made outstanding progress in the following categories: improved property values, increased sales tax revenue, increased business licenses, 20% General Fund reserve levels, and higher employment rates for our residents. Again, this would not have been possible without the commitment of the City toward public safety. We know that when deciding where to live, shop and invest, safety is a top priority and that is why over 335,000 residents and over 29,000 businesses choose Santa Anas. I would like to commend Police Chief Carlos Rojas for his exceptional leadership as Police Chief since 2013 and his long- standing commitment to Santa Ana starting as a Police Officer since 1990. We are making progress, which is why Santa Ana has the lowest three -year average crime rates than in the previous 30 years (see chart below) as substantiated by the UCR report by the FBI6. The FBI has been standardizing, collecting, and validating crime statistics since 1930 to provide normalized data across all local, tribal, state, and federal agencies'. The FBI collects the number of Part I offenses (murder and non - negligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny -theft, motor vehicle theft, and arson) from law enforcement agencies. This information is then analyzed for arithmetical accuracy and for deviations in data entry. Santa Ana is categorized as a Group I City, which includes all cities with a population of more than 250,000. It is important to emphasize that any shooting related to a Part I offenses, as reported to the FBI, are captured in the UCR Crime Index. Exhibit 1 19J-3 INC Note: 1) FBI nether defines nor statistically documents "shootings" 2) City Manager /Police Commissioner Walters Separated January 2013 3) FBI UCR Data from 1981ta 2012.2013 -2015 data pending validation 4) Names of the Police Chiefs displayed 0 li4J IMV" 1'R_/ EIXIt ENE En1E The same data was utilized to provide a comparison for local cities within 10 miles of Santa Ana with a population over 300,000, in this case the cities of Long Beach and Anaheim. The three cities show similar downward trending crime over the last 30 years. Santa Ana has most recently outpaced the downturn in crime when compared to our closest neighbors. FBI Crime Index: Long Beach Anaheim Santa Ana9 FBI index Major Cities within 10 Miles im F. N 61- so 10 30 20 Santa Ana Santa Ana has Successfully Reduced our UCR Rate! 1937 1969 1989 1930 1931 14>J 1991 INV 1995 111, IW] 111F 1'99 EUHr ENi ew[ 2n.13 b%14 EWS 2046 ECOE }aJP EOJ9 �mu�em, 161 ON -wdsv Pale — IOng Beaan FBI III -Ftlex hale — Sanla 11, FC 116—l1.16atx 2 19J-4 FBI Crime Index, 1957 to 20158 74 p percent F FBI Crime Statistics reduction in crime R R. Davis C. Cmndste P FBI Crime Index Includes: P Walters F BRIn E %.101 E % Aggravated assault, forcible rape, .............. _. _.a.... _. murder, robbery, arson, burglary, larceny- rceny -thek, and motor vehicle ]. P P. Wakers t theft. 0 315 50 a ' 6NB O Overall Trend 74% Reduction snx, P P. waiters '\ `- P P. Walters aom P P. Walters P. Walters P. Walters P Walters J.S RR] -Y ............. Emu 2 2 1113.1 C. Rojas Note: 1) FBI nether defines nor statistically documents "shootings" 2) City Manager /Police Commissioner Walters Separated January 2013 3) FBI UCR Data from 1981ta 2012.2013 -2015 data pending validation 4) Names of the Police Chiefs displayed 0 li4J IMV" 1'R_/ EIXIt ENE En1E The same data was utilized to provide a comparison for local cities within 10 miles of Santa Ana with a population over 300,000, in this case the cities of Long Beach and Anaheim. The three cities show similar downward trending crime over the last 30 years. Santa Ana has most recently outpaced the downturn in crime when compared to our closest neighbors. FBI Crime Index: Long Beach Anaheim Santa Ana9 FBI index Major Cities within 10 Miles im F. N 61- so 10 30 20 Santa Ana Santa Ana has Successfully Reduced our UCR Rate! 1937 1969 1989 1930 1931 14>J 1991 INV 1995 111, IW] 111F 1'99 EUHr ENi ew[ 2n.13 b%14 EWS 2046 ECOE }aJP EOJ9 �mu�em, 161 ON -wdsv Pale — IOng Beaan FBI III -Ftlex hale — Sanla 11, FC 116—l1.16atx 2 19J-4 Hiring is up 733% compared to 2012 Last three years reverses previous trend in reduced officers per thousand Number of Officers /Hiring The City has provided tremendous support to the hiring of Police Officers. Since FY 2013 -14, the City Council has increased the authorized number of sworn positions from 329 to 373. This support has allowed the Police Department to increase the number of FTE's assigned to the Backgrounds Unit from 1 to 7.5. Additionally, the City Council approved an agreement on June 21, 2016 with marketing /advertising firm Sensis to market and advertise police officer openings throughout Southern California10. The Police Department is projected to hire 50 additional sworn officers in 2016. In 2012, only six sworn officers were hired. This increase from 6 to 50 is a 733 percent increase over the four -year period. 420 400 380 360 340 320 300 Adopted Sworn Staffing Levels Category 1 ■ FY 12 -13 ■ FY 13 -14 ■ FY 14 -15 ■ FY 15 -16 ■ FY 16 -17 In 2012, the City of Santa Ana reduced the number of sworn officers by 74. This represents the largest single -year reduction in police officers in at least 30 years, which is equal to an 18 percent reduction of sworn personnel. This follows a 1986 -2013 trend of fewer police officers per thousand from a high of 1.63/1,000 in 1986 to a 0.99/1,000 in 2014, resulting in an average annual decrease of .021/1,000. In the last 3 years, the number of sworn positions has increased by 44 officers to 1.09/1,000. The chart below illustrates the breakdown of the increased positons. Police Officer Hiring 60 50 yQI 40 �0a �V 30 11� 20 10 6 o _ 2012 3 19J -5 50 2016 Authorized Positions Added As of FY 13 -14:11 06/20/16 • 74 Positions eliminated 25 PD FY 14 -15 Added :12 Officer 16 Positions added Hired. FY 15 -16 Added:" On 9/19/16 • 23 Positions added 10 more FY 16 -17 Added:14 will start • 6 Positions added Police Officer Hiring 60 50 yQI 40 �0a �V 30 11� 20 10 6 o _ 2012 3 19J -5 50 2016 Patrol Shift Staffing The Santa Ana Police Department has an average of 26 officers in the field to meet public safety concerns. The chart below provides an example of uniformed officers available to respond to the needs of the community. PATROL STAFFING Officers scheduled when they are most needed noun 01OQ 0]OP, 0HQG ortoo 05 DO 06DO 0700 0800 D9no loon 1] 00 1200'3M) 14CO `s' .tuo 1100 1800 IDOO 2QU ;toll z]eo 1300 •`11191 • Other - MO;o[; 01, C311111 Nr ltod P111111, "I Refocused on Patrol • The first independent patrol staffing study was conducted by the University of North Texas. The study's results were presented to the Public Safety Committee and to the entire City Council. Since the presentation the City Council has approved officer positions identified in the staffing study. • An enhanced focus on Community Policing by increasing community engagement through the Citizens Police Academy, Coffee with a Cop, publishing a Community Policing Calendar/ Engagement Plan and more effectively deploying police officers based on service demand in smaller geographical areas to better engage the community. • COPS Grant Funding — The City was successful in receiving back -to -back awards for 20 Police Officers. • An 83 percent increase in UASI funding that has allowed for enhanced training for over 100 officers in the area of Emergency Casualty Care that has led to the saving of 6 lives by Santa Ana Police Officers. 4 19J-6 911 Response Times All call types are given a pre- determined priority by the computer system. The highest priority of 1 to the lowest priority of 5; are based on the type of call and the urgency for immediate police response. Priorities are defined as follows: • Priority 1: An emergency where an immediate threat to life exists. • Priority 2: A threat exists to the safety of a citizen and /or in progress crime. This includes threats to property. 911 Call Response Time Priority 1 9 a 7 ......... ..... ..... ........................ fi 5 3 Average 6.9min 2 1 0 p06 R d4 �0 0¢c �aC be �ya� vO qtx 0- lJ\ Jul- Aug - SeV 0.Y- Nov- Dec- Jan- Feb- Mar- Apr- May Jun- Jul- Aug- Sep- W Nov- Dec- Jan- Feb- Mar- Apr- May- Jury Jul - 14 14 14 14 14 14 15 15 15 15 15 15 15 15 15 15 15 15 16 16 16 16 16 16 16 - Pricrityl 6.67 6.58 735 7.32 6.73 7.02 7.1 6.55 7.5 6.48 6.53 6.45 6.22 605 6.67 6.70 682 7.35 705 7.22 6.67 7,75 7.28 7.67 6.95 12 10 a 911 Call Response Time Priority 2 c 6 4 Average 9.7min ,2 0 hP ,y0 v0 ,ve >n �a tih ti5 �5 `N ti5 yb `yh ,SS �h cab �5b cab `fib .yb �b \yb �9 PJ4i 5eQ CY �o' Oe Yam Ie�o �.aS pQC� 3y,2C Y4c 1`1 p4m yaQ � �e Da' hub Aug- Sep Oct- Nov- Dec- Jan- Feb- Mar- Apr- May Jun- Jul- Aug- Sep- Oct- Nov- Dec Jam Feb- Mar Apo- Map Jun Jul 14 14 14 14 14 14 15 35 15 IS 15 15 15 15 15 15 15 15 16 16 16 16 16 16 16 - PnaritY2 905 932 967 9.83 9.38 9.12 882 9.35 9.42 9.62 940 927 9.05 8.97 990 9.58 9.70 988 9A8 100710.20112011 18 13 03 1003 5 19J-7 POLICE DEPARTMENT & GENERAL FUND BUDGET COMPARISONS 58 cents out of every new dollar FY 12 -13 compared to FY 16 -17 c since 2012 has gone to FY 12 -13 FY 16 -17* % Change fr1 FY 12 -13 SAPID Budget Budget Difference FY 16. It POLICE DEPARTMENT BUDGET 101,365,485 120,257,118 18,891,633 1'. 't GENERAL FUND BUDGET ** 196,497,775 228,970,000 32,472,225 1' % OF PD BUDGET TO GFJ 51.6% *Includes PD attrition savings of $8.9M in personnel cateogry in FY 16117 * *Includes attrition Savings of $11.9M in GFfor FY 16/17 250,000,000 230,000,000 210,000,000 190,000,000 170,000,000 150,000,000 130,000,000 t10,000,000 90,000,000 70,000,000 BUDGET COMPARISONS r ;GENERAL FUND BUDGET' NPOLICE DEPARTAENT BUDGET 228,970,000 AAOIO 198,497,775 k FY 0809 Budget 58.2% 170,000,000 150,000,000 130,000,000 110,000,000 90,000,000 70,000,000 FY 12.13 FY 18.17- Budget Budget 6 19J-8 Investment in Equipment The City has made continued investments into the equipment necessary for the City's Police Officers to safely and efficiently do their jobs. This included over $5.3 million for the replacement and procurement of new fleet vehicles for the Police Department in the last six years. PD Vehicles Put into Service Note: FY 16 -17 numbers are estimates based on approved budget • New Equipment • Daniel Defense patrol rifles for every vehicle • Remington shotguns for every vehicle • Def Tech less lethal launchers for every vehicle • Glock handguns and Tasers • MILO — Interactive Range Training Simulator (2013) • 800Mhz System Improvements o $4.8M agreement with Motorola to replace dispatch consoles, portable handheld radios, and hot red radios. o $2.21M commitment in partnership costs to upgrade 800Mhz backbone • Software Systems • TriTech Software System ($2.6M Integrated Software Project) • IA Pro / Blue Team Software (Professional Standards Division) • E -Soph Software (Backgrounds Unit) • Power DIMS Training Software (Training Division) Lateral Officers 3:1 Ratio Since 2012, 27 police officers have lateraled into the Santa Ana Police Department while 9 have of Lateral lateraled out to other agencies. This year, one officer has lateraled out, which is the lowest since 2012. In to Out SAPD averaged over 100 applications per year from police officers wanted to later to SAPID. In addition, on average, SAPD receives over 2,600 Police Recruit applications. SAPD is regarded as one of the finest law enforcement agencies in the region. Patrol Motors Others Total Total cost FY 2013/14 to 16/17 63 18 17 98 $ 3,987,686 FY 2011/12 to 12/13 311 5 5 36 $ 1,360,254 Note: FY 16 -17 numbers are estimates based on approved budget • New Equipment • Daniel Defense patrol rifles for every vehicle • Remington shotguns for every vehicle • Def Tech less lethal launchers for every vehicle • Glock handguns and Tasers • MILO — Interactive Range Training Simulator (2013) • 800Mhz System Improvements o $4.8M agreement with Motorola to replace dispatch consoles, portable handheld radios, and hot red radios. o $2.21M commitment in partnership costs to upgrade 800Mhz backbone • Software Systems • TriTech Software System ($2.6M Integrated Software Project) • IA Pro / Blue Team Software (Professional Standards Division) • E -Soph Software (Backgrounds Unit) • Power DIMS Training Software (Training Division) Lateral Officers 3:1 Ratio Since 2012, 27 police officers have lateraled into the Santa Ana Police Department while 9 have of Lateral lateraled out to other agencies. This year, one officer has lateraled out, which is the lowest since 2012. In to Out SAPD averaged over 100 applications per year from police officers wanted to later to SAPID. In addition, on average, SAPD receives over 2,600 Police Recruit applications. SAPD is regarded as one of the finest law enforcement agencies in the region. * retired and working for another jurisdiction Santa Ana is very grateful to our City Leadership, Police Chief, Command Staff, and out dedicated Police Officers. Thank you. 19J-9 2012 2013 2014 2015 2016 Total Laterals Out 0 4 3 1 1 9 Laterals In 5 4 5 10 3 27 * retired and working for another jurisdiction Santa Ana is very grateful to our City Leadership, Police Chief, Command Staff, and out dedicated Police Officers. Thank you. 19J-9 I Forbes. (2011). America's safest cities. Forbes. Retrieved from http: / /www.forbes.co m/ sites /bethgreenfield /2011/12/15/a mericas- safest - cities / #63426d e22e8b. 2 Protect Your Home. (2014). The top 12 safest cities in America. ADT /Protect Your Home. Retrieved from https : / /www.protectyourhome.com /blog /articles/ 2014 / march /top -12- safest - cities - america. 3 WorldAtlas. (2014). Safest cities in America. WorldAtlas. Retrieved from http: / /www.woridatlas. com /articles /safest- cities -i n -the - united- states.htm I. 4 Niche. (2016). 2016 Safest cities in America. Niche. Retrieved from https://Iocal.niche.com/rankings/cities/safest/. 6 City of Santa Ana. (2016). Facts and figures. City of Santa Ana. Retrieved from http://www.ci.santa-ana.ca.us/facts/. 6 Federal Bureau of Investigations. (2016). Uniform crime reporting. Federal Bureau of Investigations. Retrieved from https://ucr.fbi.gov/. 7 Federal Bureau of Investigations. (2016). About the uniform crime reporting (UCR) program. Federal Bureau of Investigations. Retrieved from https: / /ucr.fbi.gov /crime -in- the -u.s /2011 /crime- in- the -u.s.- 2011 /aboutucrmain. 8 Federal Bureau of Investigations. (2016). Uniform crime reporting. Federal Bureau of Investigations. Retrieved from https: / /ucr.fbi.gov /. 9 Federal Bureau of Investigations. (2016). Uniform crime reporting. Federal Bureau of Investigations. Retrieved from https: / /ucr.fbi.gov /. to City of Santa Ana. (2016). Agreement with Sensis for police officer recruitment campaign. City of Santa Ana. Retrieved from http: / /santaana.granicus .com /MetaViewer.php ?view id =2 &clip id= 743 &meta id= 34997. 11 City of Santa Ana. (2013). FY 2013 -2015 adopted budget. City of Santa Ana. Retrieved from http: / /www. ci.sa nta -a na.ca. us /finance /bud get /2013- 2015 /documents /2013- 2015 adopted budget.pdf. " City of Santa Ana. (2013). FY 2013 -2015 adopted budget. City of Santa Ana. Retrieved from http: / /www.ci.sa nta -a na. ca. us /finance /budget /2013- 2015 /documents /2013- 2015 adopted budget.pdf. 13 City of Santa Ana. (2015). Adopted budget, fiscal year 2015 -2016. City of Santa Ana. Retrieved from http://www.ci.santa-ana.ca.us/finance/budget/documents/2015-16 adopted budget.pdf. 14 City of Santa Ana. (2016). Proposed budget, fiscal year 2016 -2017. City of Santa Ana. Retrieved from http• / /www.ci Santa- ana.ca.us/ finance /budget /2016- 2017 /documents /2016- 17 budget book 20160621.pdf. REFERENCES 19J -10 \� ( I REFERENCE ! ; lz !!�ƒ q K i Ala \ ƒ\ tit \ \ & {!i!! «z!f \ n } m |, %! f \ / q E 7 0 § { R.,o $ }� } /(� \ ; .3 3 \§o3 } ${ �P. @ { ƒ } \(a}/ / iT e -1 m o REFERENCE ! ; lz The Top 12 Safest Cities In America There's a lot to be said about home security. From locks, to security systems, to adequate lighting, a lot can be done to help protect you and yours from unsavory individuals. When it comes to keeping them safe, however, sometimes putting yourself in the right environment is the most potent form ofprotection. From The Big Apple to the west coast, the cities listed here could provide your family with protection, entertainment, and peace. 12. New York, NY As shocking as it may seem, The Big Apple is among the top 12 safest cities in the United States. Despite the tough exterior ofthe "greatest city in the world ", a rank of 27th in violent crime (a lower rank indicating lower levels of violent crime) belies a population less likely to assault you than give you directions. In addition, the traffic ofthe metropolitan megalith is among the safest for pedestrians in the country, clocking in at 3rd. While some areas are safer than others, you can be sure that a trip down Park Ave will be a safe one. 11. Round Rock, TX Mayor Alan McGraw can be proud of his town. One of the fastest growing cities in America, Round Rock experienced 0 murders last year, and only 104 violent crimes per 100,000 residents. With robust community monitoring programs, developed recreational infrastructure, and listing in numerous publications as one of the safest, most innovative, and most idyllic suburbs in the country, it's no wonder the residents ofthis Texas town are happy with their city. 10. Colorado Springs, CO When it comes to idyllic, it's hard to beat the mountainous terrain and breathtaking views of Colorado Springs. The home of the US Olympic training facilities also boasts a remarkably low crime rate, coming in at 18 on the annual rankings. Coupled with a developed public transit system, extensive recreational facilities infi tstructure, and local economy bolstered by '1'9€142 athletes and coaches, the city enjoys all the peace of mind of a small town, with all the attractions and pageantry of a large one. 9. Gilbert, AZ In the desert of Arizona lies number 9 on our list of top 12 safest cities. The residents of Gilbert enjoy a paltry 95 violent crimes and 28 robberies per 100,000 residents. Bolstered by an automated emergency and town calendar system, the sleepy settlement combines great scenery, warm temperatures, and a satiate population to the benefit of its residents and its reputation. 8. Mesa, AZ Outside the bustling suburb of Scottsdale, companion to the larger city of Phoenix, lies the quiet city of Mesa. In addition to its art culture, natural attractions, theaters, and adult sports leagues, the town boasts a violent crime rank of 8 and a car fatality ranking of 10. These factors, robust public entertainment programs, and proximity to an affluent suburb have rendered Mesa one of the safest cities in the United States. 7. San Jose, CA The third- largest city in California and l Oth4argest in the nation, San Jose residents enjoy all the comforts of a big city without the accompanying crime. With a network of hospitals, multitude of universities and colleges, two libraries, and heavy emphasis on environmental consciousness, the population is largely affluent, well-educated, and well-occupied. These factors are what likely account for the city's 6th -place making in violent crimes, and 12th - place tanking in traffic fatalities. 6. Murietta, CA While few may be familiar with the second California city on the list, one statistic in particular stands out: 1. That's 1 murder per 100,000 residents. With a population of only 103,000 at the time ofthe 2010 census, this nascent city boasts a historical district healthy business development effort, and violent crime rate of 95 per 100,000. The combination has placed it in the upper - echelons of many "safest city" lists; an honor the town is likely to retain. 5. Santa Ana, CA Tucked within the wealthy district of Orange County, California, Santa Ana enjoys all the privileges ofhigh tax revenue without the dangers of cities equal in size. At approximately 331,000 residents, the locale enjoys a vehicle fatality ranking of4th in the nation, not to mention a violent crime ranking of 11th. With copious resources at their disposal and a proven track record of safety, it's no wonder why so many residents enjoy the sunshine of Santa Ana. 4. Cary, NC Across the country, the 7th largest municipality in North Carolina breaks our top 5 rankings. The largely unremarkable rural town has something to say when it comes to safety, boasting a rate of violent crimes and robberies per 100,000 residents of 85 and 25 respectively. While it may not be the Big Apple, those looking for a quieter life, unmolested by the dangers of the world, can enjoy their stay in Cary. 3. Honolulu, HI With sunshine, surd wealth, and culture, Honolulu appears to be destined for the top 12. At approximately 375,000 residents, the state capital of Hawaii enjoys a violent crime ranking of 4th, thanks to strict gun control laws and remarkable affluence. Coupled with a traffic fatality i1 -911? Societ Safes Cities In America Though the American West Coast dominates this list of the country's safest cities, there are also some surprising entries. 1 1, t � `�► r R f t� E3 Despite being proximate to other relatively violent cities, Virginia Beach is itself as appealing for its safety as it is for its iconic boardwalk. The old adage "Safety always comes first" has a lot of merit in many aspects of life. Whether you are interested in relocating for your career, trying to decide where you want to attend college, or are looking for a good neighborhood to buy a home in, the relative safety of each of your prospective new locales should be a top priority in making the final decision. With this in mind, we present some of the Safest Cities to Live in the United States, based on per capita violent crime rates. Safest Cities in the United States Nobody wants to live in a city or neighborhood where they feel afraid or threatened at all times. Crime rates have decreased by about 4.4% across the United States in recent years, with the numbers of violent crimes like murder, rape and robbery facing an even more pronounced 15% decline over the past 12 years. With the country becoming increasingly safe, there are quite a few cities in the United States of America that stand out for their especially low crime rates. According to statistics, some of the major US cities with the lowest rates of violent crime are Virginia Beach in Virginia, Henderson in Nevada, and Plano in Texas. REFERENCE 3 19J -14 Major cities that are considered the safest in America On the list of the safest cities in the US, Virginia Beach, VA comes in as first, with a crime rate of just 146.31 violent crimes per 100,000 people. Crime rates have continued to decrease significantly in the city, as it has improved from being ranked #7 in 2013. Best known for its tourism, Virginia Beach has done remarkably well in keeping both its citizens and tourists safe, with the city's crime rates standing at their lowest since 1963. Records show that violent crimes like robbery and rape had dropped by a full 6.4% since 2013, and property crimes had declined by about 13% in the city. The second city on this list is Henderson, NV, with an average of 164.89 violent crimes per 100,000 people annually. A major reason why crime rates are so low in the city are sourced from the community- based initiatives offered by the Henderson Police Department. As is becoming increasingly known all over the country, the Henderson Police Department has successfully established a Community Relations Bureau which, together with volunteer programs, has contributed in deterring crime in the area. The third safest city in the US is Plano, TX. In the past, the city had experienced an increase in violent crime rates by over 8 %, which brought its position down to 46 in this list. However, with an average of 165.21 violent crimes per 100,000 people, this year it is back to the third position. With a population of about 275,795 and a median household income of $83,193, the murder rate in the city is believed to be around just 1 in every 100,000 people annually. Other Cities to Debut on the List The next city on this list is Chandler, Arizona, with a violent crime rate of just 184.65 per 100,000 people. What is most interesting about this entry is that Chandler was not in the Top 10 Safest US Cities Lentil as recently as 2013. In 2014, there were only two murders in the city, whereas there were four in 2013. A few other cities that have made it to this list are Chula Vista, CA, Fort Wayne, IN, Anaheim, CA, San Jose, CA and Lexington, KY. Their respective violent crime rates per 100,000 people stood at 235.48, 317.30, 321.09 and 333.82 at last count. Virginia Beach: A Unique Case In Coastal Virginia Indeed, it may strike some as odd that Virginia Beach has made this list, especially considering that other cities in the area are known to be quite dangerous places to live in. In fact, the nearby cities of Portsmouth, Newport News, Hampton Roads, and Norfolk have each long had murder rates well above the national average. it is a testament to the citizens of Virginia Beach and their law enforcement that they themselves have rates of Murder, Rape, Auto Theft, Burglary, Robbery, and Assault all well below the national average, according to the Congressional Quarterly Press City Crime Rankings. It is also interesting to note that Virginia Beach on the Bast Coast, who tops the list overall, bucks the trend of the rest of the list, which is dominated by the Western half of the country. US Cities With The Lowest Violent Crime Rates Rank City (Over 250,000 People) Violent Crimes per 100,000 People Virginia Beach, VA 146.31 Henderson, NV 164.89 REFERENCE 3 19J -15 Rank City (Over 250,000 People) Violent Crimes per 100,000 People 3 Plano, TX 165.21 4 Chandler, AZ 184.65 5 Chula Vista, CA 235.48 6 Fort Wayne, IN 317.30 7 Anaheim, CA 317.33 8 San Jose, CA 321.09 9 Lexington, KY 333.82 10 Lincoln, OR 338.49 11 Santa Ana, CA WNI 12 San Diego, CA 380.95 13 Laredo, TX 388.85 14 El Paso, TX 392.64 15 Austin, TX 396.16 16 Aurora, CO 412.60 17 Riverside, CA 433.24 18 Bakersfield, CA 456.72 19 Colorado Springs, CO 458.25 20 Mesa, AZ 458.57 21 Fresno, CA 464.16 22 Portland, OR 472.82 23 Greensboro, NC 476.96 24 Arlington, TX 484.10 25 Long Beach, CA 489.04 26 Los Angeles, CA 490.71 27 Jersey City, NJ 531.14 28 San Antonio, TX 539.32 29 Columbus, OH 549.22 30 Omaha, NE 560.59 REFERENCE 3 19J -16 III P" Explore the safest cities in the U.S. based on crime rates for murder, assault, rape, burglary, and other crime statistics by city. Ranking based on data from the FBI and U.S. Census. See how your city ranks Naperville Illinois Show details Thousand Oaks California Show details Glendale California Show details Round Rock Texas Show details Orange California Show details Ann Arbor Michigan Show details Sunnyvale California JbFFfN 6t %7*j-1 Q Tiort 9 M- IM 0 Port St. Lucie Florida Show details Fort Collins Colorado Show details Torrance 10 California Show details Santa Clara California Show details Overland Park 12 Kansas Show details Corona 13 California Show details Plano 14 Texas Show details Carlsbad 15 California Show details Burbank 16 California Show details Cape Coral 17 Florida Show details 19 -RIIJIN _fg Bellevue 18 Washington Show details Rochester 19 Minnesota Show details Temecula 20 California Show details Roseville 21 California Show details Richardson 22 Texas Show details Boulder 23 Colorado Show details Boise 24 Idaho Show details Virginia Beach 25 Virginia Show details Elgin 26 Illinois Show details Henderson 26 Nevada Show details Denton 28 Texas Show details F(j Rf N GEA .0 J —'I to Alexandria 29 Virginia Show details Stamford 30 Connecticut Show details Disagree with our rankings? Take our survey and add your opinion McAllen 31 Texas Show details Costa Mesa 32 California Show details Cambridge 33 Massachusetts Show details Charleston 34 South Carolina Show details Santa Rosa 35 California Show details Irving 36 Texas Show details El Paso 37 Texas Show details Brownsville 38 Toms Show details 1,41M M i • sin detail Show Lincoln leo Nebraska Sioux 41 South Dakota S:1 tr t' .6.. Madison 42 Wisconsin Show detailm Fargo 1 North a }f SWow f ' .v '.,.:K Midland 44 Taxes Show detailz Palm Bay 1 Florida Show details Athens 46 Georgia Show details 1 detail Show Salem 'Ye8 Oregon Show details Santa Ana California Shaw details %M 1 50 Ontario 51 NewYorkCity 52 naheim A 53 Hampton 54 Pasadena 55 CO ILImbia :� -�l : 56 vallCOLIVer 57 Mesa 58 SanJose 59 Ke,nt 60 Laredo 61 Cedaf Rapids I 62 Aurora REFERENCE! 19J-22 63 Warren 65 Fort Wayne ,, 11 i,, ! 66 Wichita Falls -1, -� 67 Gainesville , I , 68 Erie 69 Waco i=:,-j 70 Tempe 71 Berkeley 72 hex ii n gton- Fayette 73 Riverside f ohtu 1,1'. 74 Santa Maria 75 Lakewood REFERENCE 4 19J-23 80 Davenport S1 High Point 82 Billin 0 as 83 Everett 84 Los Angeles 35 Oxnard s(3 Manchester 'M- 87 Abilene §§r 89 Hayward � go Visalia 91 Jersey City 92 Tampa REFERENCE; 19J-24 93 Newport News 95 Portland 97 Killeen 98 Clearwater Flf'id'i 100 Anchorage REFERENCE 4 19J-25 19J -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: AWARD CONTRACT TO FODDRILL CONSTRUCTION CORPORATION FOR INSTALLATION OF SECURITY LIGHTING AT EIGHT PARKS (PROJECT NO. 16 -2665) {STRATEGIC PLAN NOS. 6, 1C & 1G) S CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _JO-T« ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reeding ❑ Ordinance an 2 "d Reading ❑ Implementing Resolution ® set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to Foddrill Construction Corporation, the lowest responsible bidder, in accordance with the base bid and Additive Alternates 1 and 2 in the amount of $720,499.33, for the term beginning upon execution of the contract and ending upon project completion, for installation of the Security Lighting at Eight Parks Project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment for Fiscal Year 16/17 to recognize $239,142.28 from prior year fund balance and appropriate $107,437.77 into the Residential Development District 2, $118,251.08 into the Residential Development District 3, and $13,453.43 into the Residential Development District 4 expenditure accounts. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $864,600, which includes the contract base bid and Additive Alternates 1 and 2, administration, inspection, testing, and a $72,050 contingency. DISCUSSION This project will enhance security lighting at the following park locations: Jack Fisher, Bomo Koral, Madison, Santa Anita, Santiago, Windsor, Lillie King, and Heritage parks (Exhibit 1). The improvements include new pole foundations, electrical conduit and wiring, vandal- resistant security light concrete poles, and energy efficient LED fixtures. A Notice Inviting Bids was advertised on July 12 and July 19, 2016, and bids were opened on August 3, 2016. The following tables summarize the bid invitations made and the bids received: 2OA -1 Award Contract for Security Lighting at Eight Parks September 6, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 6 Contractors requesting bidding documents 12 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID BASE BID + Alt. 1 & 2 1 FODDRILL CONSTRUCTION CORP. CHINO $523,764.19 $720,499.33 2 S & SON'S ELECTRICAL CONTRACTORS CORP. HESPERIA $534,534.00 $760,979.00 3 GREEN GIANT LANDSCAPE, INC. LA HABRA $593,620.00 $861,620.00 4 YAKAR COVINA $604,560.00 $888,560.00 5 CALIFORNIA PROFESSIONAL ENGINEERING, INC. LA PUENTE $756,028.00 $1,117,028.00 A total of five bids were received and all were considered responsive. Foddrill Construction Corporation submitted the lowest responsive base bid in the amount of $523,764.19. The base bid is to install lighting amenities at six parks. Due to the need to provide lighting amenities at two additional parks, staff recommends inclusion of Additive Alternates 1 and 2 in the amount of $196,735.14, which results in a total contract of $720,499.33 (Exhibit 2) for lighting at eight parks. Based on the bid analysis and a contractor's reference check, staff recommends proceeding with awarding the construction contract to Foddrill Construction Corporation (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans - e.g., neighborhood streets, traffic improvements, park facilities, etc.). 20A -2 Award Contract for Security Lighting at Eight Parks September 6, 2016 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER 2016 -91 has been filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT An appropriation adjustment to recognize prior year fund balances and appropriations to the respective accounts and fiscal year is shown below. Accounting Unit FY 16/17 Revenue District 2 -Acq. and Dev. -Prior Year Carry Forward -(No. 31213002- 50001) $107,437.77 District 3- Acq. and Dev. -Prior Year Carry Forward -(No. 31313002- 50001) $118,251.08 District 4 -Acq. and Dev. -Prior Year Carry Forward -(No. 31413002 - 50001) $ 13,453.43 Expenditure Residential Development District 2 (No. 31213260- 66220) $107,437.77 Residential Development District 3 (No. 31313260- 66220) $118,251.08 Residential Development District 4 (No. 31413260- 66220) $ 13,453.43 As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $864,600, which includes construction, contract administration, inspection, testing and contingencies. Funds are available for the contract award in the following accounts for FY 16/17: Parks Project Number Accounting Unit Total PRCSA Special Proj 05013018- 66220 Park Imp. Cell Tower 05113263- 66220 Res. Dev. Dist. 2 31213260- 66220 Res. Dev. Dist. 3 31313260- 66220 Res. Dev. Dist. 4 31413260 - 66220 Santiago 16 -2665 $47,962.00 $99,080.54 $147,042.54 Fisher 16 -2665 $64,962.00 $8,357.23 $73,319.23 Lillie King 16 -2665 $66,414.00 $90,424.80 $156,838.80 Bomo Koral 16 -2665 $149,962.00 $27,826.28 $177,788.28 Madison 16 -2665 $29,510.00 $66,036.74 $95,546.74 Windsor 16 -2665 $32,871.21 $23,433.95 $56,305.16 Santa Anita 16 -2665 $54,574.61 $13,453.43 $68,028.04 Heritage 16 -2665 $12,744.18 $76,987.03 $89,731.21 Total $459,000.00 $166,457.72 $107,437.77 $118,251.08 $13,453.43t $864,600.00 20A -3 Award Contract for Security Lighting at Eight Parks September 6, 2016 Page 4 red Mousavipour Executive Director Public Works Agency Gerar o Mouet Executive Director Parks, Recreation & Community Services Agency F M /EW G/TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Frzinc sco Gutierrez Executive Director Finance & Management Services Agency 20A -4 LEGEND ® PROJECT LOCATION EXHIBIT 1 SANTA ANA CITY COUNCIL PROJECT 16 -2665: SECURITY LIGHTING ■ 7W A m_ AGENDA DATE AT EIGHT PARKS 20A -5 i PAGE 1 OF 1 20A -6 CITY PROPOSAL ANA EXHIBIT 2 PROJECT NO,: 16 -2665 SECURITY LIGHTING AT (8) PARKS 0In PR. POSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Foddrill Construction Corporation REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (i.f any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I NEW SECURITY LIGHTING AT I W LS 556,729.76 $ JACK FISHER PARK 56,729.76 2 NEW SECURITY LIGHTING AT 1 LS $ BOMO KORAL PARK 43,787.30 143,787,30 3 NEW SECURITY LIGHTING AT 1 LS $ $ MADISON PARK 75,252.68 75,252.68 4 NEW SECURITY LIGHTING AT I � LS $ $ SANTA ANITA PARTS 52,320.43 52,320,43 5 NEW SECURITY LIGHTING AT 1 LS $ 118,165.85 $ 118,165.85 SANTIAGO PARK 6 NEW SECURITY LIGHTING AT 1 LS $ $ WINDSOR PARK 42,551.37 42,551.37 7 LIGHT POLE ASSEMBLY* 5* BA $ 4,291,36 $ 21,456.80 8 ADDIT'IONA'L WIRING* 300* LF $ $ 22.50 6,750.00 9 ADDITIONAL CONDUIT* 300* LF $ $ 22.50 6,750.00 i'OTA]L BASE DID $ 523,764.19 P -1 of P-16 20A -7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS i'OTAL BASE I3IIi I A 523,764.19 ADD ALTERNATE BID 1: Item Description Qty Unit Unit Price Amount 10 NEW SECURITY LIGHTING AT 1 LS $ $ TOTAL ADD ALTERNATE BID 2 LILLIE DING PARK 126,324.40 126,329.40 TOTAL ADD ALTERNATE BID 1 $ 126,329.40 ADD ALTERI�TATE BID 2: Item Description Qty _ Unit Unit Price Amount 11 NEW SECURI'T'Y LIGHTING AT HERITAGE PARK 1 LS $ 70,405.74 $ 70,405.74 TOTAL ADD ALTERNATE BID 2 $ 70,405.74 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). 'The quantity for this bid item is shown for bid, comparison only. This bid item shall not be subjeet to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME F @R COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within ONE HUNDRED TWENTY (120) working days after the commencement date stated in the Notice to Proceed. The liquidated damages atnount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $500 per calendar day. Name of Firm Foddrill Signature of BIDDER Title President /CEO (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all 'individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) P -2 ofP -16 20A -8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) .PARKS KNOW ALL PRESENT that, Foddrill Construction Corporation , as BIDDER, and Nationwide Mutual Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of Bid Amount Dollars ($_19L6 of Bid Amount J, which is ton percent (10 %) of the total amount bid by BIDDER to AGENCY for the above- stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above- stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 3rd. da y of August 20 10. (( Foddrill Construction Corporation yriJ BIDDER* P.O. Box 826 n M_ 0_ 4c�uw Nationwide Mutual Insurance Company SURETY* P.O. Box 1820 909 -703 -9396 Subscribed and sworn to before me —,20—. Signature: Notary Public in and for the County of , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -7 of P -16 1 20A -9 KNOW ALL MEN BY THESE PRESENTS TFIAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: GABRIEL G. HILL CHINO HILLS CA each in their Individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory Instruments of similar nature, in penalties not exceeding the sum of ONE MILLION AND NO/100 DOLLARS S 1,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such Instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby Is, authorized and empowered to appoint attorneys -In -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature thatthe business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall In no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." - RESOLVED FURTHER, that such attorneys -in -tact shall have full power and authorltyto execute and deliver any and all such documents and to bind the Company subjectto the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall notbe necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Exgcution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company In addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document,. contract, Instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 13' day of February , 2014. Terrance Wllilams, President and Chief Operating Otficer of Nationwide Agribusiness Insurance Company /.` Ts� { and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, { *;SEAL: * / / ,.t liSEA ./ AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance .. A,&"O , A j41m:01 "Y Company Y v ACKNOWLEDGMENT ,o {♦ . • ?! STATE OF IOWA, COUNTY OF POLK: ss On this l3" day of February 2014, before me came the above -named officer for the Companies aforesaid, to {$,* SEAL OfSEl U1 me personally known to be the officer described In and who executed the preceding Instrument, and he '+ g {,;. ;:;� acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer ®dam of the Companies aforesaid, thatthe seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies, Snu s-'lirz / /x��-!h R Nn' n Rrnl -Town O SEAL A LJr'n L%' Cnnmrissioh Nomhor 152785 * •/ / Notary Publiq AV { *`- */ MP Commission ExOiram Mereh ,24,2017 M Commission Expires cAirolliiil i ,`4YiMa8i�d+�� Y p `M'r►`�"' titer` CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney Issued by the Company; that the resolution Included therein is a true and eorrecttranscriptfrom the minutes of the meetings of the boards of directors and the same has not been revoked or amended In any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing power of attorney Is still in full force and effect. �'��.- IN W ITNESS W HEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this -+D—day of 20 Secretary This Power of Attorney Expires 02/04/17 BDJ 1(03 -14) 00 29033 20A -10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL -(DE; § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Calf9tpia ) County of On Jii E2 r before me, _ Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person�K whose nameK is/aw subscribed to the within instrument and acknowledged to me that he /eftF}3y executed the same In his /I rltpeir authorized capacity(ifrs), and that by his /her {th{eir signature on the instrument the personA, or the entity upon behalf of which the persoro) acted, executed the instrument. f/ I certify under PENALTY OF PERJURY under the laws of the State of California that the,foregoing paragraph is true and correct. i WITNESS my f and a d offici X. +'' , LUIS MARTINEZ �p +�,-° CoMx,A 21x9761 y+ ; -�, �8 NOTARY PUBLIC-CALIFORNIA Los L ANGELES CONXiY Signature Los A GEL PEa, 6. 79tU i° \81ornatitke of Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signors) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General CI Individual I1 Attorney in Fact ❑ Trustee LJ Guardian or Conservator D. Other: Signer is Representing: Signer's Name: CI Corporate Officer — Title(s): 1.1 Partner — Ll Limited CI General Individual 1.7 Attorney in Fact Cl Trustee I7 Guardian or Conservator Other: Signer Is Representing: _ ©2014 National Notary Association " www.NationaiNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 20A -11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Cleric of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by [lie Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the farm of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER ftirther agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within tell (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be. considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said finds, check, drabs, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of Bh Title CEO /President (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P -3 of P -16 20A -12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Foddrill Construction Corporation Business Address: P.O. Box 826 Chino, CA 97108 -0826 Business E -Mail Address: leonora pfoddrilleonstruction.com Telephone: (909) 591 -4095 State Contractor's License No. and Class: License Expiration Date: 05/31/2018 946999, Class A and C -10 State Dept. of Industrial Relations (DIR) Registration No.: 1000025525 State Dept. of Industrial Relations (DIR) Registration Ex �tion Date: �i- .�.,.� 17 Signed: q 4!" Title: CEO /President P -4 ofP -16 20A -13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ( "Prevailing Wage Laws'), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and field the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of 1311 Title CEO /President (if an individual, so state) P -5 of P -16 20A -14 CITY OF SANTA ANA PROPOSAL, PROJECT NO,: 16 -2665 SECURITY LIGHTING AT (8) PARKS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA > KeF-a� I SS: SANTA ) �CITY v�ANA �jOyF being duty swear, deposes and says: ©INDIVIDUAL That he/she is the patty mating the foregoing proposal: ❑ PARTNERSFHP That he/she is a member of the co- partnership firm designated as: and who has been acid 7 duly vested with the authority to make and execute instruments for Cite co- partnership by: who constitute the then members of the co- partnership. CORPORATION `5k"Qk Thathuis of: / v .M ..� °' et.Cllz�r_..�. -Q } t, .6'n.�t, ,n,.� v..�t?t.•(� L.a a corporation which is making the foregoing proposal: JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he /she has been and is duty vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not coltusive or sham, and has not in any planner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the pro7=51- _.. for himself or any other person. Signature of Bidder Subscribed and sworn to before me this ai. r d- day of 20 Signature of office/ Ad' mini Iering Oath (Notary Public) VIRGINIA PINK Commission M 2139014 & -r' Notary Public • California a z San Bernardino County MX Comm. Ex Tres Jan 2, 2020 P -6 of P -16 20A -15 CITY OF SAN'T'A ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS LIST OF SUB- CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: %% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name N/A License # /Exp. N/A DIR Reg. # /Exp. N/A Location Phone is // Type Of Work N/A _ Amount $ N/A Name N/A License #/Exp. WNIA DIR Reg. #/Exp. N/A License # N/A Location N/A Phone N/A Type Of Work N/A Amount $ N/A Name License # /Exp. N/A DIR Reg. #/Exp. License # N/A Location N!A Phone N/A Type Of Work N/A Amount $ N/A c, Signature of Bidder Name NIA License # /Exp. N/AW DIR Reg. #/Exp. N/A Location NIA Phone Type Of Work N/A Amount $ N/A Name N/A License # /Exp. N/A DIR Reg. # /Exp. N/A License # N/A Location N/A Phone N/A Type Of Work N/A Amount $ NIA Name N/A License # /Exp. N/A DIR Reg # /Exp. N/A License # N/A Location N/A Phone N/A Type Of Work N/A Amount $ N/A _ P -8 of P -16 20A -16 CITY OF SANTA AIWA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years, City of Brea, 1 Civic Center Circle, Brea, CA 92821 Name and Address of Owner. Bill Bowlus, Public Works, (714) 990 -7694 Name and Telephone Number of person familiar with project, $35,000,00 Axoviscasarkwaws rsecurityLightsxeplace tnent In Progress Contract Amount Type of Work Date Completed 2. Oak Creek Golf Club, One Golf Club Drive, Irvine, CA 92618 Name and Address of owner. Rob Tanaka, (949) 393 -4200 Name and Telephone Number of person familiar with project. $9&,212 Install new light poles& fixtures for driving range March 2016 Contract Amount Type of Work Date Completed 3. City of Santa MonicaVolleyball Courts, 1685 Main St., Santa Monica, CA 90401 Name and Address of owner. iName ana relepnone iNun $10,000 Contract Amount (conduit and wiring) Type of Work February 2016 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Insurance & Suret 91709 Lic. 0167797 (909)203 -7979 Gabriel Bill, 4195 Chino Hills Pkwy. #403 Chino Hills, Ca, P -9 ofP -16 20A -17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16.2665 SECURITY LIGHTING AT (8) PARKS ADDITIONAL, REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar improvement work in the past 5 years. 1. AMERON /NOV, 523 S. Magnolia, Ontario, CA 91762 Name and Address of Owner. Terry Delaney (8D5) 207 -4616 Name and Telephone Number of person familiar with project. $4,500,000.00 Remove and Replace Street Light in Souther California Continuous Contract Amount Type of Work Date Completed 2. Doheny State Beach, 25300, Dana Point, CA 92629 Name and Address of owner. Robert Schofield (949) 496 -9709 Name and Telephone Number of person familiar with project. $12,900.00 Install LED Lights Continuous Contract Amount Type of Work Date Completed 3. USC- Knva Kappa Gamrna 929 W 28th St, Los Angeles, CA 90007 _ Name and Address of owner. Name and Telephone Number of person familiar with project. Remove poles and fixtures, Replace with new poles, $9,8000.00 foundations and LED lights Tan iin ru, ?.ni r, Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds, Insurance & Surety Services, LLC, Agent Gabriel Hill, 4195 Chino Hills Plcwy. #403 Chino Hills, Ca. 91709 P -10 of P-16 20A -18 CITY OF SAN'T'A ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to 'fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are hue; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit, ,BIDDERS are cautioned that malting a false certification may subject the certifier to briminal prosecution. Signed State of California County of � Le n r� ubscribed , d sworn to (or affirmed) before evfto I.tp-t dn4U, proved to me on P rson(s) who appeared before the Notary Public Signature/ Commission # 2135o1 Notary Public - Calltornl San Bernardino County Notary Public Seal P -1I of P -16 20A -19 20( by o be the CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS NON - DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall hnchide, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments tinder this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 1,1246 of September 24, 1965, , and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by title, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -12 ofP -16 20A -20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARIS The Contractor shall include the portion of the sentence immediately preceding paragraph (t) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stars. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry; physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation o 't Chapter�.i Signed: Q,Uws r t� Title: CEO /President Firm: Foddrih Construction Coloration Date: August 03, 2016 P -13 ofP -16 20A -21 CITY OF SANTA ANA PROPOSAL. PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shalt: L Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the oother contractors, except contractors not signatory to the trust agreement shall pay a like am'�nt� y.� to th��fornia) pprenticesla� Council. Signed: Title: CEO /President Firm: Foddritl Construction Corporation Date: August 03 2016 P -14 of P -16 20A -22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS STATEMENT REGARDING "ANTI- KICKBACK" REOUIR.EMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 C'FR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he /she is otherwise entitled. Signed: Q W- 011`_. -C � Title: CEO /President Firm: Foddrill Construction Corporation Date: August 03, 2016 P -15 of P -16 20A -23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P -16 of P-16 20A -24 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne Sal Tinajero July 27, 2016 ADDENDUM No. ONE .: , 'l ti M1 li CITY OF SANTA ANA PUBLIC WORKS AGENCY M -36 P.O. Box 1988 Santa Ana, California 92702 SUBJECT: PROJECT No. 16.2665: SECURITY LIGHTING AT EIGHT PARKS CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL. Marla D. Holzer The following changes have been made to the plans and specifications of the subject project: S ecifications 1. Page iv, "NOTICE INVITING BIDS ": Revise seventh paragraph to read as follows: "Prior to bid opening, Bidders must possess or obtain a valid California Class "A" "B" or "C- 10" Contractor's license." 2. Page P -1 and P -2: Replace Sheets P -1 and P -2 with new sheets P -1 and P -2, per the attached; 3. SECTION 9.00 SPECIAL PROVISIONS — ELECTRICAL SYSTEM, Subsection 9.13 Materials; D. Pull Boxes: Replace entire paragraph with the following new paragraph: Pull boxes shall be Dura Plastic Products, Inc., Dry Box Part #125 -DB -2 with 12D5 skirt. Covers shall be cast plastic; bolted down with tamperproof screws, and marked "Electrical ". 4. APPENDIX A: Replace existing Appendix A with new Appendix A, per the attached. All other terms and conditions remain the same. FOR THE CITY OF §ANIAANA Edwin "William" Gal ez City Engineer Public Works Agency Signed: Title: CEO /President Firm: Foddrill Construction Corporation Date: August 03, 2016 20A -25 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16-2665 SECURITY LIGHTING AT (8) PARKS 00110111M IM0 Foddrill Construction Corporation does not receive Federal Aid. Signed: Title: CEO/President Firm: Foddrill Construction Corporation Date: August 03, 2016 20A-26 EST 1999 I 1 China, CA 91708 -0826 SANTA ANA CITY OF SANTA ANA MM PWA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA palc Wu Amcy SANTA ANA, CA. 92701 CONTRACT DOCUMENTS PROJECT NO. 16 -2665 SECURITY LIGHTING AT S PARKS 20A -27 20A -28 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2665 SECURITY LIGHTING AT EIGHT PARKS This CONSTRUCTION CONTRACT is made and entered into this 6`h day of September, 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and Foddrill Construction Corp., hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Security Lighting at Eight Parks Project, hereinafter referred to as the "Work of Improvement" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. CITY agrees to pay and CONTRACTOR agrees to accept in fall payment to complete the Work of Improvement the sum total amount not to exceed $720,499.33 — Seven Hundred Twenty Thousand Four Hundred Ninety-nine Dollars and Thirty -three cents, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 20A -29 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2665 SECURITY LIGHTING AT EIGHT PARKS The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing constriction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Page 2 of 3 20A -30 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2665 SECURITY LIGHTING AT EIGHT PARKS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney _____ Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: in Page 3 of 3 20A -31 20A -32 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16 -2665: Security Lighting at Eight Parks Construction Contract $ 720,499.33 Contract Administration $ 29,236.00 Inspection and Testing $ 42,814.67 Contingencies $ 72,050.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 864,600.00 EXHIBIT 4 20A -33 20A -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: CONTRACTS AWARD FOR AMMUNITION (SPEC. NO. 16 -089) (STRATEGIC PLAN NO.1, 5) ff CITY MANAG 2 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: n••:• o ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order for ammunition for a total aggregate amount not to exceed $145,755, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors below: Vendor: Amount: Arms Unlimited, Inc. $1,725 Dooley Enterprises, Inc. $109,780 Proforce Marketing, Inc. $8,450 San Diego Police Equipment $25,800 DISCUSSION The Santa Ana Police Department provides ammunition to its sworn officers, primarily for use during training and range qualification testing. Officers are required to re- qualify regularly to maintain proficiency in the use of firearms. Duty ammunition aids in community safety. The annual order for training and duty ammunition is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on July 21, 2016 and offers were solicited. A summary of the bids and offers received is as follows: 4 Vendors were notified 10 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 5 Bids received Bids were received and opened on August 3, 2016. The bids received from Arms Unlimited, Inc., Dooley Enterprises, Inc., Proforce Marketing, Inc. and San Diego Police Equipment are all responsive to the specifications and meet the City's requirements. Staff recommends awarding orders to all four vendors for a total contract amount not to exceed $145,755 (Exhibit 1). 22A -1 Contracts Award for Ammunition September 6, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 - Community Safety, Objective # 5 (provide high quality Police and Fire /Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Prior year (Fiscal Year 2015 -16) fund balance in the amount of $145,755 will be allocated to the Police Department Training Services account (01114410- 63001). APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez t ®� Chief of Police Executive Director r� Police Department Finance and Management Services Agency, ME 22A -2 ABSTRACT OF BIDS CONTRACT AWARD FOR AMMUNITION SPEC 16 -089 Vendor Arms Dooley Proforce San Diego Unlimited, Inc. Enterprises, Inc. Marketing, Inc. Police Equipment Location Las Vegas, NV Anaheim, CA Prescott, AZ San Diego, CA Category A — Training Ammo # of Items awarded 2 4 1 2 Category B — Duty Ammo # of items awarded 0 3 0 3 Vendor Total $1,725 $109,780 $8,450 $25,800 Contract Total: $145,755 EXHIBIT 1 22A -3 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: CONTRACTS AWARD FOR CONTRACTOR PAINTING SERVICES (SPEC NO. 16 -092) {STRATEGIC PLAN NO. 6, 1C) CITY MANAG • , � ti 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 Award contracts for City -wide painting services for a one -year period expiring September 30, 2017, with provisions for three one -year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $115,000 subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location ENL Service, Inc. South Gate Tony Painting, Inc. Garden Grove CTG Construction, Inc. Wilmington U.S. National Corp Panorama City DISCUSSION The City establishes an annual blanket order list consisting of vendors that provide services and materials that are required by agencies on a consistent basis. Painting services are required at times by all City departments for the purposes of general maintenance, building modifications, graffiti control, and renovation. The notice inviting bids was advertised on July 19, 2016, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 5 Vendors were notified 0 Santa Ana vendors were notified 15 Vendors downloaded the bid packet 4 Bids received 0 Bid received from a Santa Ana vendor 2213-1 Contracts Award for Contractor Painting Services September 6, 2016 Page 2 Bids were solicited, opened on August 10, 2016, and evaluated (Exhibit 1). The bids received from the recommended vendors are responsive to the specifications, meet the City's requirements and comply with prevailing wage requirements. Staff recommends awarding contracts to the four bidders to allow for competitive quotes on individual jobs and scheduling flexibility. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds in the amount of $115,000 are available in FY 2016 -17 as follows: $60,000 Finance & Management Services Building Maintenance account (07310100 - 62300) $20,000 Public Works Administration Services account (10117601- 62300) $15,000 Water Utility Production & Supply account (06017640- 62300) $10,000 Building & Facility account (01114403 - 62300) $10,000 Recreation & Community Services Facilities Maintenance (01113260- 62320) Subsequent funding for the three one -year renewal periods in the amount of $115,000 will be budgeted and made available in FY 2017 -18, 2018 -19 and 2019 -20 as follows: $60,000 Finance & Management Services Building Maintenance account (07310100- 62300) $20,000 Public Works Administration Services account (10117601- 62300) $15,000 Water Utility Production & Supply account (06017640- 62300) $10,000 Building & Facility account (01114403-62300) $10,000 Recreation & Community Services Facilities Maintenance (01113260- 62320) J, 0, Fre Mousavipour Executive Director Public Works Carlos Rojas Chief of Police Santa Ana Police Department ds /sp APPROVED AS TO FUNDS AND ACCOUNTS: s, Francisco Gutierrez Executive Director Finance and Management Services Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency Exhibit: 1. Abstract of Bids 228 -2 ABSTRACT OF BIDS CITYWIDE PAINTING SERVICES (16 -092) Bidder CTG Construction ENL Service, Inc. Tony Painting U. S. National Corp. Garden Grove, Location Wilmington, CA South Gate, CA CA Panorama City, CA Painter $100 /hr. $80 /hr. $75 /hr. $95 /hr. Cleanup Laborer $100 /hr. $80 /hr. $49 /hr. $30 /hr. Billing Increments 1/2 hour 1 hour 1/2 hour 1 hour Materials Markup $15% 12% 2% 0% Equipment rental Misc. Fees n/a cost + 12% n/a n/a EXHIBIT 1 22B -3 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: CONTRACT AMENDMENTS FOR VARIOUS TYPES OF WATER METERS (SPEC. NO. 15 -110) (STRATEGIC PLAN NO. 6, 1C) CITY MANA E RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: . • _r, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contracts for a variety of water meters to increase the annual amount by $175,000 for a new annual aggregate amount of $315,000, expiring January 31, 2017, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Aqua- Metric Sales Co. Riverside, CA Badger Meter, Inc. Milwaukee, WI H. D. Supply Waterworks Santa Ana, CA Mueller System, LLC Cleveland, NC DISCUSSION The Public Works Agency Water Resources Division regularly performs installation, maintenance, and replacement of residential and commercial water meters. There are approximately 45,000 metered service locations in the City and water meters are typically replaced every 10 to 15 years. The four types of meters used by the City are positive displacement, multi -jet, residential fire service, and turbine meters. Positive displacement meters are used primarily for residential applications. Multi -jet meters are used for multi - family residential, irrigation and commercial applications. Residential fire service meters are used for residential services requiring fire sprinkler systems. Turbine meters are used for high volume water users, including industrial, commercial, irrigation, and large multi - family residential applications. The meters are purchased through the Central Stores warehouse for distribution to the Public Works Agency as needed. After a number of years of deferred maintenance, Public Works Agency staff has been successful in increasing the number of replaced meters. Furthermore, staff has also installed many new water meters due to increased development activity throughout the City and updated conservation standards that require individual meters. Many of the new meters being installed are larger combination meters, which meet applicable codes and standards, and are more costly than traditional meters. 22C -1 Contract Amendments for Water Meters September 6, 2016 Page 2 On January 19, 2016, City Council awarded one -year contracts to the above - referenced vendors, with provisions for four one -year renewals, for the purchase of cold water meters in an annual aggregate amount not to exceed $140,000. As a result of the above - mentioned activities, staff has reached the annual not -to- exceed limit on meter purchases. At this time it is necessary to amend the aggregate annual amount with the various vendors in order for staff to continue its meter replacement program and ensure the City bills and collects for accurate amounts of water used by the City's water customers. The proposed amendments will also allow staff to procure meter assembly parts and add cellular fees for the cellular type of meter reading feed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds in the amount of $315,000 are available in FY 2016 -17 Water System Maintenance and Water Quality & Measurement account (06017644- 63001). Annual funding in the amount of $315,000 will be budgeted in FY 2017 -18, FY 2018 -19, 2019 -20, and 2020 -21. NJ) Frea Mo savipour Executive Director Public Works Agency FM /NS /RR /sp APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez $A u Executive Director Finance & Management Services Agency 22Ci -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: DONATION AGREEMENT WITH MAGIC INC. ACADEMY OF THE ARTS TO SUPPORT A FAMILY DAY COMMUNITY BLOCK FESTIVAL (STRATEGIC PLAN NO. 5,4) <---Q e CITY MANAG d RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: Uffloylo 100600 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n' 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 Magic Inc. Academy of the Arts for a one -time donation amount of $500, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Reyna recommends appropriating $500 to Magic Inc. Academy of the Arts to support their 7t" Santa Ana's Family Day Community Block Festival event that will be held on Saturday, September 24, 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25A -1 Donation Agreement with Magic Inc. Academy of the Arts September 6, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $500 will be spent from Councilmember Reyna's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25A -2 ,# City of Santa Ana Donation Request City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Name: Magic Inc. Academy of the Arts Tax- Exempt Status: Is your organization a non -profit or public tax -exempt organization as defined under Section 601(c)(3) of the internal Revenue Code? If No, you will only qualify for a credit for City- related costs for your requost (i.e. permit fees, staff time, rental rates for facilities or equipment, etc.). Costs for City services very and if approved, credit may or may not cover full cost of requested City services. Select One: 21 yes ❑ No If Yes, Tax ID #: 81- 2098571 T ;City Services Credit $ Date Needed: Mayor /Councilmember. Reyna Amount Requested: '.Direct Payment Amount Event Date: 9 -24 ^16 :Event Time: Requested: $500 10 am - 6 pm Event t.ocatlow 1400 block of West 5th Street Santa Ana CA 92703 Address, City, State, Zip Provide neighborhood youth with a day of fun, resource info and community unity through arts & Description of crafts, face painting, carnival games, pony rides and music for all ages. Event sponsored by Event I Purpose: Magic Inc. Academy of the Arts, Area neighborhood associations will be invited to participate. A day of unity for local families Community Benefit: ApplicanISig r : f,�J�j Date: 7 -1 -16 Mail: City Manager's Office - M31 Email: donationrequest @santa- ana.org 20 Civic Center Plaza Fax: (714) 647 -6954 P.O. Box 1988 Santa Ana, CA 92702 6.?n�iic,n PecauvrP #' ,cc.. i,.r, .,E ?,b;f— 4"s. xNi AAe611ryy�J4E <r. iieAbifiiey &FC; r �.'? i rSCY Ann a 7 Arre„rei: EXHIBIT 1 rt Mars; r 7 r 2hare stns Revised 1 111 612 01 5 25A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH MAGIC INC. ACADEMY OF THE ARTS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on SEPTEMBER 6, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and MAGIC INC. ACADEMY OF THE ARTS, a California 501(c)3 NON- PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit, The City wishes to provide Recipient with funding to assist Recipient in HOSTING A FAMILY DAY COMMUNITY BLOCI{ FESTIVAL ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding, 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE ARTS ADVOCACY AND RAISE ACADEMIC EXPECTATION THROUGH YOUTH EMPOWERMENT TO ACHIEVE LIFELONG SUCCESS THROUGH ENCOURAGING AND PROMOTING THE CREATION, APPRECIATION, AND PARTICIPATION OF THE' ARTS. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit, 3. TERNS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of FIVE HUNDRED DOLLARS ($500) for an event that will be held on Saturday, September 24, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terns of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3,2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all fiends provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or tennination of this Agreement. EXHIBIT 2 25A -5 CITY OF SANTA ANA (DONATION AGREFMIFNT Page 2 of 3 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious tramna or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every land that may be brought or instituted against the City, its officials, officers, employees, agents, or vohmteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of Urem in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers, The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The teens and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 2 25A -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL Robert C. Cortez Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: /VV. J6Xn M. Funk Assistant City Attorney MAGIC INC. ACADEMY OF THE ARTS a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 25A -7 25A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: DONATION AGREEMENT WITH WASHINGTON SQUARE NEIGHBORHOOD ASSOCIATION TO SUPPORT DOWNTOWN NEIGHBORHOOD ASSOCIATION'S INTERNATIONAL DAY OF OLDER PERSONS EVENT {STRATEGIC PLAN NO. 5,4) CITY MANA02R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY; APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Washington Square Neighborhood Association for a one -time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Reyna recommends appropriating $1,000 to Washington Square Neighborhood Association to support Downtown Neighborhood Association's International Day of Older Persons event that will be held on Saturday, October 1, 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 2513-1 Donation Agreement with Washington Square Neighborhood Association September 6, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015 - 62300). The $1,000 will be spent from Councilmember Reyna's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25B -2 Ory '"'naga, , o ffco M JY City of Santa Ana 20 GNVIC ('Crfutr piat, Donation Request p 0. SjM4 Ana, C a*$ 1984 A 92102 (114) 6474U00 Washington Square is assiting Downtown NIA with the cash donation. Ali funds w1l be give" to the Community Sernalk, President TIsh Leon for the $mitor avant. This event be geared for seniors, but everyone is invited to attend. T ances by seniors, DTrestamurn will participate, arts & crafts Apolcant StillmirturC Dote: 81312016 MWc CAYMA"opes Office - M-3`1 20 Civic Center FrIM P.0, Box MIS Santa Ana, CA 42702 Ehrifbolkv Met: y7s t NO Gity 14,"laqv� :4sjpaWfn Email: Faw (716) 647 6954 BIVMI.'R MeMll q Date App,O,Wc11 Aga7oufs! Dm'� EXHIBIT 1 25B-3 - - — ------- -- --- City Sarvicas Credit Amount Raquestredc hate Headed: 8/2q/2016 Mayoirtcou"camembor, Roylvt laltect Payment Amount j$11000 event Dow 16/112016 Evontnner: 8-3 Requesced: Event Location: 424 W. 3rd St Adftss, Coly, ftn, N Santa Ana, 92701 Annual International Day of Older Adults Dozenplern of To showcase the diverse & culture populaabon of the, senior center & SA Event I Purpose: We will need the Stage & audio equipment for performers Washington Square is assiting Downtown NIA with the cash donation. Ali funds w1l be give" to the Community Sernalk, President TIsh Leon for the $mitor avant. This event be geared for seniors, but everyone is invited to attend. T ances by seniors, DTrestamurn will participate, arts & crafts Apolcant StillmirturC Dote: 81312016 MWc CAYMA"opes Office - M-3`1 20 Civic Center FrIM P.0, Box MIS Santa Ana, CA 42702 Ehrifbolkv Met: y7s t NO Gity 14,"laqv� :4sjpaWfn Email: Faw (716) 647 6954 BIVMI.'R MeMll q Date App,O,Wc11 Aga7oufs! Dm'� EXHIBIT 1 25B-3 25B -4 CITY OF SANTA ANA DONATION AGREEMENT WITH WASHINGTON SQUARE NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on SEPTEMBER 6, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and WASHINGTON SQUARE NEIGHBORHOOD ASSOCIATION, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with famding to assist Recipient in SUPPORTING DOWNTOWN NEIGHBORHOOD ASSOCIATION'S INTERNATIONAL DAY OF OLDER PERSONS EVENT TO CELEBRATE THE DIVERSITY OF COMMUNITY MEMBERS WHO IDENTIFY AS SENIOR CITIZENS ( "Community Benefit "), The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will ENGAGE THE COMMUNITY, INCLUDING THOSE WHO IDENTIFY AS SENIOR CITIZENS, TO PARTICIPATE IN A HEALTH FAIR, ARTS AND CRAFTS EVENT, AND MUSICAL PERFORMANCE. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND DOLLARS ($1,000) for an event that will be held on Saturday, October 1, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit, In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall talce effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ton percent (10 %) per annum, Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 2 25B -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a. significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Commumity Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees mud other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injivies caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall riot be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers, The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3,6 Entire Coutract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terns and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3,7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 2 r CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL Un Robert C. Cortez Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA By: David Cavazos City Manager Attest: C Maria D. Huizar Clerk of the Council Approved as to Form By: tr ,. Jqgn M. Funk Assistant City Attorney WASHINGTON SQUARE NEIGHBORHOOD ASSOCIATION a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Naive Title EXHIBIT 2 25B -7 r -oo REQUEST FOR COUNCIL. ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: AMEND COOPERATIVE AGREEMENT WITH OCTA FOR BRISTOL STREET TRAFFIC SIGNAL SYNCHRONIZATION (PROJ. NO. 166829) (NONGENERAL FUND) (STRATEGIC PLAN NO. 6, 1B) Y I AG CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended 0 As Amended ® Ordinance on 1 t 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 amendment to the cooperative agreement with the Orange County Transportation Authority to amend local agency's matching fund for the Bristol Street Traffic Signal Synchronization Project, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On April 21, 2015, City Council approved execution of a cooperative agreement with the cities of Costa Mesa and Newport Beach, and the Orange County Transportation Authority (OCTA) to implement a Traffic Signal Synchronization Project on Bristol Street with OCTA as the lead agency. The project provides inter - jurisdictional traffic signal synchronization and improvements along Bristol Street from State Route 22 in Santa Ana to Jamboree Road in Newport Beach. The City of Newport Beach has decided to change their project match funding from a combination of cash and staff services to an all -cash match. The change by the city of Newport Beach has no impact on Santa Ana's funding or responsibility in the project. However, a modification to the agreement requires the approval from all participating agencies. All other terms of the agreement remain unchanged. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25C -1 Amend Cooperative Agreement with OCTA September 6, 2016 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ly 9=7-- Fr 4d Mousavipour Executive Director Public Works Agency FM /EWGNN Exhibit: 1. Amendment to Cooperative Agreement No. C -4 -1882 25C -2 E� 1 AMENDMENT NO. 1 TO 2 COOPERATIVE AGREEMENT NO. C- 4.1882 3 BETWEEN 4 ORANGE COUNTY TRANSPORTATION AUTHORITY s AND c THE CITIES OF COSTA MESA, NEWPORT BEACH, AND SANTA ANA '2 FOR 8 BRISTOL STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT 9 THIS AMENDMENT NO. 1 is made and entered into this day of 10 2016, by and between the Orange County Transportation Authority, ( "AUTHORITY "), and the Cities 11 of Costa Mesa, Newport Beach, and Santa Ana (hereinafter referred to as the "PARTICIPATING 12 AGENCIES "). 13 WITNESSETH: 14 WHEREAS, by Agreement No. C -4 -1882 dated May 27, 2015, AUTHORITY and 1s PARTICIPATING AGENCIES entered into a cooperative agreement for the coordination of traffic 16 signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional 17 Traffic Signal Synchronization Program (Project P) to enhance countywide traffic flow and reduce to congestion; and 10 WHEREAS, AUTHORITY and PARTICIPATING AGENCIES agree to revise 20 "Attachment A — Detailed Local Match Commitment" to reflect changes in match distribution; 21 NOW, THEREFORE, it is mutually understood and agreed that Agreement No. C -4 -1882 is 22 hereby amended in the following particulars only: 23 1. Delete "Attachment A — Detailed Local Match Commitment' in its entirety and, in lieu 24 thereof, insert, "Attachment A — Detailed Local Match Commitment, Amendment No. 1 ", which is 25 attached to this Amendment, and by this reference incorporated herein. 20 / Page 1 of 4 L:\C amm\ CLERICALVJORDPROCIAGREE\AMENMAM 141882.docx 25C -3 2 3 4 6 7 8 9 1a 11 tz 13 14 15 16 17 1s 19 20 21 22 23 tw ML z6 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO, C -4 -1882 BRISTOL STREET - RTSSP The balance of Agreement No. C -4 -1882 remains unchanged. This Amendment shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C -4-1882 to be executed on the date first above written. CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY By: Stephen Mensinger City Manager ATTEST: By: Brenda Green City Clerk APPROVED AS TO FORM: By: Tom Duarte City Attorney Date: By: Meena Katakia Manager, Capital Projects M Page 2 of 4 L:\Camm\ CLERICAL \WORDPRGC\AGREEIAMEND\AM 141882.docx 25C -4 Counsel 1 z 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 a� 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET - RTSSP IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C -4 -1882 to be executed on the date first above written. CITY OF NEWPORT BEACH By: Diane B. Dixon Mayor ATTEST: By: Leilani I. Brown City Clerk APPROVED AS TO FORM: By: Aaron C. Harp City Attorney Date: Page 3 of 4 L \Camm \CLERICAL \WORDPROC W GREEWMEND\AM 141882.docx 25C -5 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 D 20 21 22 23 24 2s MG 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET - RTSSP IN WITNESS WHEREOF, the parties hereto have caused this Amendment No, 1 to Agreement No. C-4 -1882 to be executed on the date first above written. CITY OF SANTA ANA Bv: David Cavazos City Manager ATTEST: By: Maria D. Huizar City Clerk APPROVED AS TO FORM: B: � S�o� is Carvalho 6 �11y Attorney By: Fred Mousavipour Executive Director Public Works Agency Page 4 of 4 L,\Camm \CLERICAL \W ORDPROCW GREE WMEND\AM 141882.docx 25C -6 AMENDMENT NO. I TO COOPERATIVE AGREEMENT NO. C•4.11882 BRISTOL STREET –,rssp ATTACHMENT A DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY AGENCY CASH IN-KIND TOTAL MATCH City of Costa Mesa $125,396.00 $19,984.00 $145,380.00 City of Newport Beach $70,940.00 $0 $70,940.00 City of Santa Ana $223,450.00 $31,385.00 $254,835.00 TOTAL 419,786.00 $51,369.00 71,165.00 SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES) A. Cash Match Agency Funding Source Amount of Cash Contribution City of Costa Mesa AQMD $125,396,00 City of Newport Beach General Fund $70,940.00 City of Santa Ana Measure M2"Furnback (fair share) $223,450.00 TOTAL B. In-Kind Services Specific Improvements (List Items and Cost): Agency Improvement Date of Construction— E,xl)e_nditure___ N/A II TOTAL Page A -- I 25C-7 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C -4 -1882 BRISTOL STREET — TSSP ATTACHMENT A ii. Staffing Commitment: Agency Staff Position Type of Service to No. of Fully Burdened Total* Pr act Hours Hourly Rate City of Costa Transportation Oversight 16 $200.00 $3,200.00 Mesa Services Manager .... - - ---' City of Costa Mesa ----- .... Associate Engineer --- - --- Project Manager - 40 --...----..—._..- $150.00 --- --- - -- $6,000.00 City of Costa Assistant Engineer Signal Timing 40 $140,00 $5,600.00 Mesa City of Costa Mesa Engineering Tech _ Technical Field Support 43.2 $120.00 $5,184.00 — Total for City of Costa Mesa: $19,984.00 Agency Staff Position Type of Service to No. of Fully Burdened Total* Project Hours Hourly Rate City of Santa Ana Sr. Civil Engineer _ Project Admin / Review 16 $233.00 $3,728.00 City of Santa Assistant Engineer II Project Design / Implement / 40 $213.00 $8,520.00 Ana Construction Engineer City of Santa Assistant Traffic Project Design / Implement / 40 $213.00 $8,520.00 Ana Operation Engineer Construction Engineer City of Santa Ana Construction Inspector Construction Engineer 48 $187.00 $8,976,00 City of Santa Engine eriny Interns Project Design /Implement / 40.03 $41.00 $1,641.OD Ana Construction Engineer Total for City of Santa Ana: $31,385.00 TOTAL IN -KIND MATCH *: $51,369.00 *Tota(amounf is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual fully burdened bitting rates, which must collectively equal the same value of the assigned "Total" dollars. Each agency will be responsible forkeeping detailed records of hours worked and description of work. An accounting recorcl of personnel, hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. Page A -- 2 25C -8 ' ► • 4 Loll] •► CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: APPROVE PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS, PHASE 4 (PROD. NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MAN AR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1S1 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the Purchase Agreement; with 2115 Bristol Trust, Lan Le trustee for the property commonly known as 2115 -2123 South Bristol Street (APN Nos. 015 - 194 -20, 015 - 194 -21, 015 - 194 -22), for full acquisition of said real property and goodwill (if any), in the amount of $2,682,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Bristol Street is a north -south transportation corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raising landscape medians, and adding bike lanes. The City is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2017, with construction scheduled to begin in summer 2017. Property acquisition is necessary to accommodate the improvements and widening for Phase 4 (Exhibit 1). These three parcels have a common use and must be acquired together. A purchase offer was based on appraised values prepared by a California State licensed appraiser and was accepted by the property owner. The compensation amount is noted above and shown in the attached agreement (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City 25D -1 Purchase Agreement for Bristol Street Improvements, Phase 4 September 6, 2016 Page 2 assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement /Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the total amount of $2,682,000 are available in the Bristol Street Improvements Project (No. 116741) for expenditure in FY 2016 -17: $1,341,000 in the Select Street Construction Fund (Account No. 05917661 - 66100), and $1,341,000 in the Measure M2 Street Construction Fund (Account No. 03217663 - 66100), subject to nonsubstantive changes. APPROVED AS TO FUNDS & ACCOUNTS: Fr d Mousavipour Francisco Gutierrez Executive Director Public Works Agency FM /EW G /JG /ML Executive Director Finance & Management Services Agency Exhibits: 1. Location Map 2. Agreement for APNs 015 - 194 -20, 015 - 194 -21, 015 - 194 -22 25D -2 MATCHLINE SEE BELOW RIGHT I r r i I 1 408.33 &17 ST GERTRUDE PL i iaoe- all -ors I i LEGEND= -008-971 -17 I i i I /J, I 40BA71.06 I rj•�.. -T 7... ✓,� i i i i I I WARNER AVENUE I — SUBJECT PPOPERTT` 'CQUIPED PROPERTIES SANTA ANA p CITY COUNCIL ■ P 7V AA ■— AGENDA DATE: _�. ,— _ __ I I ST ANDREW PL I I I I _I- / a II I ,f YY 0 CARLTON PL I I I n GLENWOOD PIL - ._T.__r _. T..'IY Cr I I I j I 'tr m CAMDEN PL j �ST ANNE PL cl EXHIBIT 1 I I r. a�..,.._�.. �.. w � 1 tyl I I I J O� T I I 1 m ✓ ✓✓ I I 1 I I I 1. 1- - - -r -- j j MATCHLINE SEE TOP LEFT PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO, 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1, G; and 3, 2, C) 25D -3 PAGE 1 OF 1 1 TMe4Y�..� co 0 � s WARNER AVENUE I — SUBJECT PPOPERTT` 'CQUIPED PROPERTIES SANTA ANA p CITY COUNCIL ■ P 7V AA ■— AGENDA DATE: _�. ,— _ __ I I ST ANDREW PL I I I I _I- / a II I ,f YY 0 CARLTON PL I I I n GLENWOOD PIL - ._T.__r _. T..'IY Cr I I I j I 'tr m CAMDEN PL j �ST ANNE PL cl EXHIBIT 1 I I r. a�..,.._�.. �.. w � 1 tyl I I I J O� T I I 1 m ✓ ✓✓ I I 1 I I I 1. 1- - - -r -- j j MATCHLINE SEE TOP LEFT PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO, 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1, G; and 3, 2, C) 25D -3 PAGE 1 OF 1 25D -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on , 2016, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and 2115 Bristol Trust, Lan Le as trustee (hereinafter "Seller "), regardless of number or gender; WHEREAS, Seller commissioned an appraisal of Said Real Property (as defined below) dated December 8, 2015. Seiler obtained the appraisal in a good faith effort to obtain the fair market value of Sold Real Property (not including any goodwill) and to pay Seller just compensation within the meaning of the just compensation clause of Article 1, Section 19 of the California Constitution. The valuation does not include any increase or decrease in fair market value caused by the public improvement for which the property is to be acquired. The December 8, 2015 appraisal provides that the fair market value of Said Real Property is $2,475,000. THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2115 -2123 S. Bristol Street, Santa Ana, CA 92704) (APN 015- 194- 20, -21 & -22) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within sixty (60) days from and after the date on which the City has approved this Agreement, 2. Title to be Conveyed, Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of Its right to the full and clear title herelnabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place herelnabove specified for said conveyance of said real property, a policy of title Insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Two Million, Six Hundred Sixty-Five Exhibit 2 25D -5 Thousand, Eight Hundred Twenty -Five and no /700 [dollars ($2,665,815.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold Interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of Insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of Its right to such insurance as Is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement, This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within forty -five (45) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at Its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request Is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property Immediately upon close of Escrow, The Escrow Agent hereby is empowered to ad under this Agreement, and upon Indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B " attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent Is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title Insurance, re- conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B " of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revonue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096,7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City Is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectibie if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 25D -6 6. Pa want of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), appraisal costs, and severance damages, the total sum of Two Million, Six Hundred Eighty -Two Thousand and no /100 Dollars ($2,682,000.00) as shown in Exhibit "C ", City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City ties approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7, Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 81 Rental and Occupancy By Seller. Seiler agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within twenty (20) days hereof with copies of any written leases or rental agreements attached, All rents will be prorated as of the close of escrow on the basis of a 30 -day month /365 -day year consistent with that statement, subject to approval of City, Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow, In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seiler hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assions. Successors -In- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto, 11. Time Is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence, 12. Just Compensation. Buyer warrants and represents that the appraisal conducted by Buyer and dated December 6, 2015 constitutes a good faith appraisal of said real property and that the value in same constitutes fair market value (not including any goodwill) for Said Real Property. Seller acknowledges and agrees that said purchase price constitutes just compensation at fair market value 25D -7 for said real property, within the meaning of the just compensation clause of Article 1, Section 19 of the California Constitution, and includes the value of fixtures & equipment (improvements pertaining to the realty), and severance damages but does not include any goodwill or lost profits . Seller and Buyer both acknowledge that the purchase price referenced in Paragraph 6 does not include any amount for any loss of business goodwill or lost profits, and that any claims for loss of business goodwill or lost profits resulting from the relocation are explicitly retained by Seller. Further, the purchase price referenced In Paragraph 6 does not include any arnount for relocation or relocation costs, as such rights and obligations are subject to a separate and Independent agreement. 13. Acknoavlednmetvt of Full Bonafits and f7aleaso. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claims regarding just, compensation for Injury to the remainder ( "severance damages "); precondemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and /or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1283.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.246 and 1263,615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall not apply to any claims for loss of business goodwill as a result of relocation, as such claims are retained by Seller pursuant to Paragraph 12 above, or any claims arising after the date of execution of this Agreement. Further, this release shall not affect any rights or obligations pertaining to relocation or relocation costs, as such rights and obligations are subject to a separate and Independent agreement, as explained in Paragraph 12 above. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto, This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, In the City of Santa Ana 92701, County of Orange, and State of California. The mailing address of the Seller is 1 B060 S. 3rd Street Fountain Valley, CA 92708, 16, Bxoentions. City agrees to accept title to said real property subject to the following: NONE. 16. Bntire Aaroomerft. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all 25D -8 Issue(s) that were raised or could have been raised In connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property, Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which Is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- l'anner Hazardous Substance Account Act), (Ili) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter, 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S,C. 56901 et sag, (42 U,S,C, 86908) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42, U.S.C. 59601 ef seq.(42 U.S.C. 59601). 18, Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 19. Indemnity. Seller agrees to Indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, In, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation 'for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). 25D -9 This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow, 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance slid approval of the City herein, The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amann, drpent. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Ca tip ons, Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA, 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 26. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question 26. No Third Party SjU2fi!2M, This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27, putt To Cnnpee�tg Further, Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicabillty of Agreement Ta Asslgnaes, This PSA shall be binding upon and shall Inure to the beneft of the successors and assigns of the Parties to this PSA. 29. Authority to Executa Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and each party agrees to indemnify each other fully, including reasonable costs and attorney's fees, for any injuries or damages to the other party in the event that such authority or power is not, In fact, held by the signatory or Is withdrawn. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as If fully set forth in the body of this PSA. IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: 2115 Bristol Trust, Lan Le as Trustee wJ _ Coate: 2018 Lan L.r as Trust .66 Mtol'rfusf 25D -10 City /Buyer City of Santa Ana David Cavazos City Manager Attest: Maria D. Huiz_ar City Clerk Approved as to Form: Jo Sandoval T C of Assistant City Attorney Date: 2016 Date: .2016 In Date: A kA VAS i` /- 2016 25D -11 EXHIBIT "A" LEGAL DESRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1AS SHOWN ON EXHIBIT A ATTACHED TO LOT LINE ADJUSTMENT NO. 2002 -09 RECORDED JANUARY 30, 2003 AS INSTRUMENT NO, 03- 113806 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, APN: 015- 194 -20 and 015- 194.21 and 015- 194.22 25D -12 EXHIBIT "B" (First American) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited In one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title Insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the tender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all casts, damages, judgments and expenses, Including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, Including, but without limiting the generality of the foregoing, a suit in interpleader brought by you, In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain In escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions, If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and /or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow Instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25D -13 EXHIBIT "C" Fair Market Value of the Subject Property Land and structures $2,665,825 (as per attached appraisal summary statement) 1, Fixtures and Equipment pertaining to realty (as per attached inventory) Li@A i5.Ct0 2 - Total just compensation $2,662,000 ', The City has not made a determination as to the ownershlp of the Fixtures and Equipment (F &E). Landlord and tenant will need to come to an agreement as to the ownership of these Items, before compensation can be withdrawn from Escrow. Please see the ati0phad Full Acauisition Offset e' The total just compensation offered assumes that the property is free of any environmental contaminates or other conditions which may impact fair market value. 25D -14 Scott W. Ditfurth (951) 826 -8209 scott.ditfurth@bbklaw.com File No. 55394.00002 July 27, 2016 OVERNIGHT MAIL Jason Gabriel, P.E, Principal Civil Engineer City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Re: 21.15 -2123 S. Bristol Street Dear Mr. Gabriel: Sacramento (916) 325 -4000 San Diego (619) 626 -1300 Walnut Creek (925) 977 -3300 Washington, DC (202) 785 -0600 Please find enclosed the two original signatures on the Purchase and Sale Agreements for the properties located at 2115 -2123 S, Bristol Street, Santa Ana. Enclosures 55394.00002129108328.1 7/27/16 Sincerel Scott W. Ditfurth of BEST BEST & KRIEGER LI:,P 25D -15 Indian Wells (760) 568 -2611 BEST BEST & KRIEGER Wine (949) 263 -2600 ATTORNEYS A T LAW Los Angeles (213) 617 -8100 Ontario 3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502 (909) 989.6564 Phone: (951) 686.1450 1 Fax: (951) 686 -3083 1 www.bbklaw.00m Scott W. Ditfurth (951) 826 -8209 scott.ditfurth@bbklaw.com File No. 55394.00002 July 27, 2016 OVERNIGHT MAIL Jason Gabriel, P.E, Principal Civil Engineer City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Re: 21.15 -2123 S. Bristol Street Dear Mr. Gabriel: Sacramento (916) 325 -4000 San Diego (619) 626 -1300 Walnut Creek (925) 977 -3300 Washington, DC (202) 785 -0600 Please find enclosed the two original signatures on the Purchase and Sale Agreements for the properties located at 2115 -2123 S, Bristol Street, Santa Ana. Enclosures 55394.00002129108328.1 7/27/16 Sincerel Scott W. Ditfurth of BEST BEST & KRIEGER LI:,P 25D -15 Epic Land Solutions, Inc, FULL ACQUISITION OFFSET STATEMENT (Conforms to Caffrans Rshibit. SZX•l 8A) Page t orz F PERSONAL WORMATIONNO'f10E Pursuont to the Federal Privacy Act (PI. 93-579) raid die Infonn;ition Practices Act of 1977 (Civil Code Sections 1759, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is volumary. The principal purpose ofihe voluntary hrronamion is to fmcllitdte the processing of this roan, The failure toprovide all or any part of the requcsted information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of Elie 1PAof 1977. Each individual has the rightupon request mid proper identlfleatlon, to inspect all personal information in any record maintained on the individual by an Identilying partkhdar. Direct any inquiries oa information maintmnaade to your IPA Office. Co Rte Past Parcel No. Granter WHEREAS, The City of Santa Ana (City) seeks to acquire the fee - simple title to certain lands and buildings, including that certain buildinglarci as; 1 n and, (Address) WHEREAS, the City and the owner of said building are negotiating a sale of said building. NOW, THEREFORE, The undersigned makes the following statement of facts and represents to the City that each of said facts are trite and correct in every detail. That the undersigned are the tenants in possession under the terms of: 1, O An oral lease from month -to -month () written lease for a tern ending �D' `C at a monthly rental of $ �0 and that the undersigned has paid all rents to and including the _ day of year , and has paid no rents beyond said date except 2. That the last rental payment was made to and that the next rental payment of $ will be due and payable on the day of , year 3. ( ) That no offsets are claimed by the undersigned tenants and /or lessees against any rents which have been paid or which may hereafter become duo. ( ) That the following offsets are claimed by the undersigned tenants ( ), lessees ( ), against future rents: 25D -16 FULL ACQUISITION OFFSET STATEMENT (Con t. ) 4. That it is understood and agreed between the undersigned that the following Improvements Pertaining to the Realty are considered part of the realty and are owned by the following, and just compensation for these items is to be made payable to their respective owner See attached Exhibit "A° and items initialed by Grantor /Lessor GRANTOR/LESSOR None() See attached Exhibit "B ", and items initialed by Tenant/Lessee TENANT/LESSEE None ( ) bated this , day of 25D -17 > Yo r .� nature of T %.NANT () or LESSEE ( ) 1I 1 - Print Name of TENANT ( ) or LESSEE ( ) Signature of GRANTOR( LESSOR) Print Name of GRANTOR ( LESSOR) EXHIBIT "B" IMPROVEMENTS PERTAINING TO THE REALTY OWNED BY THE 'TENANUL E SSEE 25D -18 LAWNMOWER CITY IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE )DATE, OF VALUE - OCTOBER 8, 2015 2501-19 Fair Market Forced ltom Value in Liquidation No. Qty. Description Place Value y1 Letter signs, 17" high, foam, plastic fascias, $2,250 $300 "Lawnmower City ", wall- mounted 2 V 5/22 Square feet of accordion security gate, 9' high, metal, 7,400 0 including wall - mounted slide hack 3 V% Epic Land S3olutions,.lnc. PULL ACQUISITION OFFSET STATFMFNT (Conforms to CatTraas Exhibit 8 -EX-I SA) PERSONAL INFORMATION NOTICE Pursuant to lire Federal privacy Act (P.L. 95.579) and fire Information Practices Act of 1977 (Civil Code Sections 1789, at sec.), notice is hereby given for the regnsst of personal information by this form, The requested personal infomrntion is voluntary. The principal purpose ofthe voluntary information is to facilitate the processing of this Igrm. The failure to provide all or any part of the requested information may delay processing of this Corm. No disclosure of personal information will be made unless pprmissible Linder Article 6, Section 1798.24 of lie IPA of 1977. Each individual has the right upon request end proper identification, to inspect all personal information in any record maintained on the Individual by an identifying padicular, Direct any inquiries oft infornmtlonmaintaimnoR to your IPA Office._ Cra Rte Post Parcel No. _ —� e'T '�-e Grantor WHEREAS, The City of Santa And (City) seeks to acquire the fee - simple title to certain lands and buildings, including that certain�buildingknownas: It and, (Address) WHEREAS, the City and the owner of said building are negotiating a sale of said building. NOW, THEREFORE, The undersigned makes the following statement of facts and represents to the City that each of said facts are true and correct in every detail. That the undersigned are the tenants in possession underthe terms of: 1. O An oral lease fiotn month -to -month () written least) for a term ending `D' i C 2--011 at a monthly rental of $ %0 and that the undersigned has paid all rents to and including the _ day of year , and has paid no rents beyond said date except 2. That the last rental payment was made to and that the next rental payment of $ will be due and payable an the day of year_ 3. ( ) That no offsets are claimed by the undersigned tenants and/or lessees against any rents which have been paid or which may hereafter become due. ( ) That the following offsets are claimed by the undersigned tenants ( ), lessees ( ), against future rents: 25D -20 FULL ACQUISITION OFFSET STATEMENT (Cont,) h. That it is understood and agreed between the undersigned that the £oltowing Improvements Pertairdng to the Realty are considered part of the realty and are owned by the following, and just compensation for these items is to be made payable to their respective owner: See attached Exhibit "A" and items initialed by Grantor/Lessor GRANTOR/LESSOR None ( ) See attached Exhibit "B ", and items initialed by Tenant/Lessee TENANT/LESSEE None( ) Y Dated this day of 25D -21 f Ye r' nature of T/N,ANT ( ) or LESSEE ( ) Print Name of TENANT ( ) or LESSEE ( ) Signature of GRANTOR ( LESSOR.) Prhnt Name of GRANTOR ( LESSOR) EXHIBIT "B" IMPROVEAMNTS PERTAINING TO THE REALTY OWNFI) BY THE TENANT /LESSEE 25D -22 LAWNMOWER CITY IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OP' VALUE - OCTOBER 8, 2015 Item No, Qty. Description YI2 Latter signs, 17" high, foam, plastic fascias, "Lawnmower City ", wall- mounted 2 V5 22 Square foot of accordion sedurity gato, 9' high, metal, including wall - mountod slide track 3 L,116 Surveillance cameras, manufacturer and model nos. vary, including wall mounts and cabling to monitor 4 Service counter, 16 linear feet x 39" x 24" deep, wood base, 4 under tiers, dual - sided, stainless steel top 5 "t/ 1 Alarm system, manufacturer and model no. not available, including: I Control panel 1 Code pad 2 Door contacts 2 Motion sonsors 1 Roll -up door contact 6 V1 Lotpf setup and installation for 2 telephone lines and 1 DST, line 7 /1 Lotofminormiscell aneous installations including but not limited to hooks, fasteners, bracket&, incidental shelving and signage 8 y 192 Square feet of pegboard, with furring/ wood backing 9 ✓82 Linear feet of hoso/ bolt wall making, metal wire hooks 10 Built -in tire storage rack, 6'x 55" x 24 ", wood eonstruetlon, 4 -tier I I l✓ ` Through -wall air condMouing unit, manufacturer and model no, not availablo TOTAL IMPROVEMENTS PERTAINING TO THE REALTY 25D -23 Fair Market Forced Value in Liquidation Place Value $2,250 $300 7,400 0 1,950 ISO 2,525 0 560 0 105 0 350 0 350 0 285 25 250 0 150 20 $16,175 $495 25D -24 l N e • l- CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: AGREEMENT RENEWAL FOR SAFE MOBILITY SANTA ANA TRANSPORTATION/ TRAFFIC PLANNING AND ENGINEERING SERVICES (PROJECT 15 -6845) (NON- GENERAL FUND) {STRATEGIC PLAN NO. 5, 6B} CITY MAN� RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: L7 As Recommended As Amended ❑ Ordinance on let Reading [I Ordinance on 2nd Reading [� Implementing Resolution 0 Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize payment in the amount of $29,741.94 for transportation /traffic planning and engineering services rendered and invoiced between April 6, 2016 and September 5, 2016. 2. Authorize the City Manager and the Clerk of the Council to execute an agreement with Nelson \Nygaard to continue transportation /traffic planning and engineering services for development of the Safe Mobility Santa Ana Plan, for a one -year period beginning September 6, 2016 through April 5, 2017, with no change to the original scope of work, and no change to the original $360,000 not -to- exceed amount for the professional services subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Addressing the safety of our transportation system has been identified as a priority and immediate necessity for the City of Santa Ana. On April 7, 2015, City Council directed staff to execute an agreement with Nelson \Nygaard to evaluate City -wide traffic safety for the Safe Mobility Santa Ana (SMSA) plan. On November 17, 2015, City Council amended the agreement and expanded the scope of work. The amended agreement was in an amount not to exceed $360,000. However, it did not include extending the termination date of the contract, which expired in April 2016. Since then Nelson \Nygaard has continued to work with staff to analyze the collision data and develop recommendations to address collision patterns in the City. Staff discovered the absence of the agreement and is now requesting approval to pay for work completed through September 5, 2016 in the amount of $29,741.94. In addition, extension of this agreement will allow Nelson \Nygaard to complete development of the SMSA plan and recognize the ongoing work. This agreement will neither expand the original 25F -1 Agreement Renewal for Safe Mobility Santa Ana September 6, 2016 Page 2 scope of work nor increase the compensation. The final SMSA plan is expected to be presented to City Council for approval and adoption this fall 2016. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. Individual environmental reviews will be conducted for each recommended improvement at the time of implementation. These types of projects typically qualify for Categorical Exemptions. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy B (incorporate the improvement of walking and biking lanes as well as the development of a citywide bike master plan into the Circulation Element of the City's General Plan). FISCAL IMPACT Funds in the amount of $29,741.94 are budgeted and available in the project expenditure account (No. 05817660- 66220, Project 15 -6845) to pay for work completed between April 6 and September 5, 2016. In addition, a balance of $16,650.45 is budgeted and available in the project expenditure account (No. 05817660- 66220, Project 15 -6845) to pay for the balance of the agreement through April 5, 2017. Fr 6d Mousavipour Executive Director Public Works Agency FM /EWG /CW Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25F -2 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 61" day of September, 2016, by and between NelsoMNygaard Consulting Associates, Inc., a California Corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge In the field of transportation /traffic planning and engineering services. B. Consultant has previously provided these services to the City under Agreement No. A -2015- 042, which expired on April 6, 2016. Consultant continued to provide such services after this date under the same terms and conditions, and will complete them under this Agreement in order to finish the Safe Mobility Santa Ana Study. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; SCOPE OF SERVICES Consultant shall perform the balance of the services set forth in Exhibit A to this Agreement that are necessary to complete the Safe Mobility Santa Ana Study. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed the original $360,000 allocated for the services under Agreement No. A -2015 -042 (as amended). Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. On separate approval by the City, payment will be made on all proper invoices evidencing work performed upon expiration of Agreement No. A- 2015 -042 through the start date of this Agreement in section 3 below. 3. TERM This Agreement will commence on the date first written above and will terminate on September 5, 2017, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee or the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise 25� -3 discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act er occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts Involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles, as applicable to Consultant's use of automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. 2 25F -4 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Consultant. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. In no case will Consultant be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by negligence of the City. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business 2dF -5 hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and Further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714, 647 -6956 With courtesy copies to: Executive Director -- Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -5622 To Consultant: Drusilla van Hengel Nelson \Nygaard 116 New Montgomery Street, Suite 500 San Francisco, CA 94105 4 25F -6 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shelf be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11 EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate, b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 2dF -7 17, JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. is. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SCNIA R. CARVALHO City Attorney By: , m�� Jo . Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director — PWA CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Name: Title: 6 25F -8 I. 25F -9 Excellent project management is the key to a successful project. Drusilla van Hengel routinely manages large active transportation projects, such as the Santa Monica Pedestrian Action Plan and the Seattle Bicycle Master Plan, while deputy project manager Mathew Berkow consistently receives excellent client feedback for his organized, communicative management style. Principal - in- Charge Paul Moore will actively contribute to the project, helping shape its direction, provide agency insights, and conduct quality review in advance of all materials shared with the client. 1.1 Project Kickoff and Ongoing Project Management Our framework for managing the project in an efficient and effective manner includes a kickoff meeting to conduct introductions, refine the scope of services, and discuss the implementation process. We will also discuss the formation of a technical advisory committee and establish communication protocols. Throughout the planning process, we will prepare for and facilitate weekly PDT meetings to review the project punch list and discuss risks and recommendations. Documented progress will be provided in monthly reports accompanying invoices. Two (2) key project management staff will travel to Santa Aria four (4) times for in- person project management meetings. 1.2 Technical Advisory Committee We will work with the designated City Project Manager to assemble a Technical Advisory Committee (TAC) consisting of representatives of Public Works, Planning & Building, Santa Ana Police Department, OCTA, Caltrans, and SAUSD. A.s these agencies and others will provide input on project design, we propose their periodic input on the process, which will help inform prioritization criteria, reveal concerns about suitability of likely countermeasures suggested by the collision analyses, and provide initial feedback on the draft report. We will prepare and distribute materials two weeks in advance of each of the following work sessions: • Meeting r: Introduce project and solicit early feedback on items such as preliminary project prioritization criteria • Meeting 2: Present crash analysis findings, discuss preliminary countermeasures for design feedback, and potential concerns related to the consistency review task • Meeting 3: Present and take feedback on the draft report 1.3 Community /Stakeholder Meetings and Council Meetings /Presentations We will conduct up to five community /stakeholder meetings to understand issues and existing agency practices that impact multi modal road safety. We will strive to be flexible in our scheduling and can host stakeholder meetings at a city facility, attend already scheduled meetings of Ivey community based groups, or attend community events scheduled during the project timeline. The list of stakeholders will be determined in consultation with the client, but might include the Santa Ana Police Department, Bike it! Santa Ana, City of Santa Ana staff from multiple departments, the Santa Ana Downtown Complete Streets Plan Community Advisory Committee, the Santa Ana Active Streets Coalition, local walking and bicycling groups, or other community -based organizations. In advance of presentations to the full Council, we recommend 25F -10 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA providing a project update to the City Council Committee on Development and Transportation, Due to the priority of the project, we anticipate the Council agenda to accommodate project presentations but would value the opportunity for more detailed comments from the Committee. 1.4 Best Practice Review of Non - Motorized Transportation Safety Messaging and Enforcement Campaigns We will conduct a best practices review of safety messaging and enforcement campaigns related to bicycle, pedestrian, and transit user safety to identify methods, content, and effectiveness of street safety outreach and enforcement programs. Potential resources to review include, but are not limited to: • Massachusetts'Same Roads. Same Rules.' Campaign • Minneapolis 'Safety Starts with All of Us' bicycle safety campaign • FHWA Pedestrian Safety Campaign Resources • National Highway Traffic Safety Administration (NHTSA Bike Enforcement Resources) • International Police Mountain Bike Association — 'Police Cycling Course' • People for Bikes Travel with Care' campaign • Los Angeles County Metropolitan Transportation Authority'Watch the Road' campaign • Chicago 'Be Safe, Be Alert' campaign • SFMTA'Safe Streets SF' and'STCP for Pedestrians' campaigns • Various Diversion Programs • Various Saturation and Directed Patrol Programs Task 1.5 Stakeholder Interviews— Education and Enforcement Assessment We will conduct a stakeholder focus group to understand the landscape of current and historic education campaigns and to document concerns regarding the sustainability of education programs related to traffic safety, A major purpose of this meeting is to ascertain media and community resources most appropriate to influence behavior of people driving, using transit, bicycling, and walking in Santa Ana. Multiple stakeholders will be invited to a single meeting to maximize participation and a common understanding of the current conditions. The list of stakeholders will be determined in consultation with the client, but might include: • Santa Ana Police Department — so participants can understand existing activities around training, targeted enforcement, etc. to inform development of a police education course module. • Santa Ana staff from multiple departments (e.g., planning, traffic engineering) — to understand existing planning and messaging efforts, regulations, maintenance practices, non - motorized transportation conflicts with other transportation modes in Santa Ana, etc. • Local advocacy groups _ to confirm various non - motorized transportation safety issues expressed by their constituents, as well as goals for an education campaign, related to partnership, outcome, and messaging. NelsoniNygaard Consulting Associates, Inc. 12 25F -11 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA Task 9,6 Program Charter We will work with the project management team to confirm which collision types and collision factors in Santa Ana would benefit from an enforcement and education campaign. Task 1.4 and Task 1.5 above will result in a program charter describing the types of outreach campaign, education and enforcement programs suitable for Santa Ana, including goals, potential media, desired outcomes, viable partners, and performance measures. Deliverables: Project Kickoff Meeting; Weekly PDT Meetings; Five Community /Stakeholder Meetings; Two City Council Meetings /Presentations; Project Schedule Management, Monthly Progress Reports and Monthly Cost Accounting, Quality Assurance /Quality Control; Outreach Campaign Best Practices Presentation; Program Charter including goals, potential media, desired outcomes and performance measures. Assutnntions entdl or exclusions to the scone of work • We assumethat the City Project Manager will suggest and invite Steering Committee members. • in response to RrP language regarding the importance of "dernonstratedtability to interface and coordinate with multiple agencies', we'd like to note that project manager Drlusilla van Idengel has amassed extensive experience coordinating with stakeholders from multiple agencies over the course of 15+ years in the public and private sector. She brings a deep knowledge and sensitivity to the priorities and responsibilities of the variety of agencies involved in delivering urban transportation services. The Nelson \Nygaard team will work with the Santa Ana data manager or other appropriate staff to develop a database framework that prioritizes the acquisition of data that will be important to understanding and reducing Santa Ana's historically high rate of collisions with vulnerable roadway users. Based on our experience, the following data ,41 be prioritized: traffic volumes, five year collision history, including party and collision data, roadway speed limits and /or City speed studies, lane geometries and roadway widths, street classification, traffic control type, signal phasing, street lighting, pedemian lighting, trees, transit stops with boarding and alighting data and adjacent land uses. We will utilize available GFS data files from the City for a majority of this information and will supplement with a verification of the data by engineering staff. Our goal is to develop a database that connects collision data with environmental, roadway, and traffic data specifically relevant to pedestrian and bicycle involved collisions which will allow for a detailed analysis of trends and contributing factors and will set the foundation for project prioritization. We will work with the city staff to update the data sets if we. identify necessary additions to the collision, roadway, or traffic data relevant to pedestrian and bicycle involved collisions. We expect to do some post processing of the data to accurately identify which of the parties involved are people walking or bicycling (to understand direction of travel, as the movements of bicyclists and pedestrians are more fluid than motor vehicles) and to develop a decision rule for identifying pedestrian crossing locations relative to crosswalks. Finally, the database will be sensitive to changing roadway characteristics over time, so that the roadway conditions at the time of the collision are accurate. Assumptions and/ or exclusions to the scope of work of • We assume the City of Santa Ana Police and public Works Departments have coordinated data that will be made available to the consulting team immediately. • A meeting with the Police Department to thoroughly understand standard practices for completion of key collision report fields will be a high priority of the project kickoff. 25F -12 Sonia Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA Deliverable: Data request memo Community input will be key to developing project prioritization criteria. Building on the criteria developed in the Complete Streets Plan and discussed at the first TAC meeting, a web -based survey will be launched to confirm the level of importance of suggested and new criteria. We will provide draft questions for review by City staff and administer via Survey Monkey, with City staff leading survey distribution using invitations to participate through City Police, Complete Streets, and other existing city and Facebook charnels. Our team's bilingual staff will translate the study into Spanish. City staff will work with local radio and city television to publicize the survey and make print copies available through the library and City Hall. We will work with the city to identify partners to publicize the survey, such as the Santa Ana Active Streets Coalition and its member organizations as well as the Orange County Bicycle Coalition. The survey questions will: • Confirm the community's general needs and concerns surrounding automobile, bicycling, walling, and transit safety • Solicit resident input on how to improve mobility and access to important destinations throughout the city, with an opportunity to define the relative importance of engineering, education, enforcement, and encouragement measures • Gauge support for multimodal transportation priorities and for how the City might invest limited funds using a series of tradeoff -type questions that will inform the relative importance of prioritization criteria We will analyze and summarize the results in a brief summary memorandum, which will conclude Ivey findings to inform the project prioritization criteria for Task g. Deliverables: Community survey Teclinical memorandum: Summary of community survey results Assunintions and / or exclusions to the scone ofworle • It nffll be important to develop the survey instrument early in the planning process to give the community sufficient time to respond and inform Task 9 prioritization criteria: We will conduct a detailed review of citywide collision data for the last five years for which data are available. We will provide a citywide analysis examining collision patterns by location and collision type overall, and with a focus on bicycle- or pedestrian - involved collisions, a risk analysis to identify factors that contribute to risk for vulnerable roadway users that may allow for addressing high risk locations before crashes occur, and a liotspot analysis to identify high crash locations and corridors. 4.1 Citywide Analysis The citywide collision analysis will investigate trends including who is involved in collisions (e.g., age of involved parties), when collisions are happening (e.g., time of day or year), where crashes are occurring (e.g., intersections vs. midblock or proximity to transit stops), as well as contributing factors (e,g., movement preceding collision by traffic control type). Based on available data, the review will include, but not be limited to, time of day, day of the week, night time, age of parties, year by year trends, primary collision factors, type of collisions, severity of Nelson\Nygaard Consulting Associates, Inc. 14 25F -13 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA injury, and fatalities. The analysis will also identify high crash locations and corridors, as well as provide a comprehensive risk analysis to identify contributing factors as described below. Once we have identified common crash types, we will review a sample of collision report narratives to more fully understand the nature of each collision type. Of particular interest in this review will be the role of transit access in the pedestrian- involved collisions. 4.2 Risk Analysis The risk analysis will allow for the identification of risk factors that contribute to crashes involving people walking and bicycling in Santa Ana. We will utilize industry standard walking and bicycle crash types, such as those identified in How to Develop a Pedestrian Safety Action Plan (FHWA), based on the available data, and will identify the relative prevalence of collisions and types based on the roadway or intersection context. This "risk based" approach is particularly important due to the somewhat random distribution of crashes. For example, a history of five pedestrian involved collisions at a particular location is not necessarily predictive of future collision types at that location, due to the small sample from which conclusions are being drawn, Instead, it is critical to increase the sample size by developing a typology of intersections and corridors and comparing trends in collision types by location type. While certain intersections or corridors may be unique in their configuration (e.g., a skewed intersection), there is also a predictability of conditions throughout the city, because land use and transportation development typically follow adopted city and state guidelines. An example outcome maybe that larger arterial intersections have a prevalence of collisions involving a left - turning motorist and a pedestrian in the crosswalk as a result of drivers having the difficult task of looking for a gap in multiple lanes of oncoming traffic. Fewer collisions of this type may be evident at intersections with fewer lanes, a left turn bay, or a protected left turn signal phase. We will review the available data and conduct additional data assembly from available GIS layers and may create new layers based on aerial imagery or field reviews to allow for sufficient detail in the dataset to create categories reflective of the differing conditions in the transportation network that impact wanting and ..N N 4=1111 t , i + _ rsrair" �artg_ s RPM 4 ,rinrr t" r 7 anq If, .f r ( {tIdR�S,C t 4 Coli It J ' uoratr W) een+al P &b 19 iE 'N �trUUh[ bicycling safety in Santa Ana. This informative and user friendly map, which we Finally, this systemic analysis will look at collisions developed for the City of Rochester, MN identifies the location and frequency of all crashes, with unique citywide for all modes that have primary collision symbols for bicycle and pedestrian crashes, drawing factors known to increase the probability of a severe attention to high crash corridors and intersection types. or fatal collision with vulnerable roadway users -- notably, speeding, distraction, or redlight running. Generally speaking, the majority of collisions involving pedestrians identify failure to yield as the primary collision factor, and sometimes secondary collision factors such as these are missing. An analysis of motor vehicle involved only NelsoMygaard Consulting Associates, Inc 15 25F -14 Santa Ann Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA collisions will help inform the risk analysis, calling to attention locations where these high risk factors are at play. This systemic analysis will provide the basis for long term project development, as roadway elements that have been over- represented in collisions can be gradually phased out of the Santa Ana landscape, and replaced with facilities that protect people who walls, bicycle, or drive from making decisions that might cause a crash. 4.9 Hot Spot Analysis We will conduct a hot spot analysis to identify high crash corridors and locations (intersections and mid - block) throughout the city. A raster based GIS analysis which places a small buffer around each collision and displays a darker color as more collisions overlap allows for an effective visualization of crashes at particular intersections and at the corridor level. We will create a summary table of high crash locations and corridors, with the location name, number of collisions and fatalities, as well as a series of columns to identify each risk factor present (from the risk analysis above) to inform the selection of appropriate countermeasures in Task 6. Many of these locations are likely to rise to the top as locations to be reviewed as part of Task g, which will allow us to compare the risk factors with field observations and community feedback on conditions and behaviors. 4.4 Preliminary Menu of Countermeasures We will introduce a list of potential countermeasures for staff consideration and feedback prior to developing the recommended countermeasures at individual locations in Task 6. Several resources provide an up to date and comprehensive list of countermeasures. The concluding section of our collision analysis report will identify the subset of countermeasures (including engineering, enforcement and education activities) that apply to collision types identified in Santa Ana. This task provides the opportunity for Santa Ana and other agencies involved in street design to provide feedback on a variety of published design guides, including the National Association of City Transportation Officials (NACTO) guides for urban street design and bikeways. Example resources we will draw from include: • PEDSAFE Pedestrian Safety Guide and Countermeasure Selection System (FHWA) • MICESAFE Bicycle Safety Guide and Countermeasure Selection System (FHWA) • Proven Safety Countermeasures (FHWA Office of Safety) • Highway Safety Manual and Crash Modification Clearinghouse • NACTO Urban Street Design Guide • NACTO Urban Bikeway Design Guide 4.5 Enforcement Operations Assessment and Recommendations Nelson \Nygaard will review the current operations of the Santa Ana Police Department Traffic Division including the number of officers allocated to the division and the total hours worked. We will make an objective assessment of the operational statistics in the context of the citywide traffic collision data collected in Task z and analyzed in Task 4.1. The intention of this assessment will be to identify any gaps between the current traffic operations and the staff hours necessary to address the existing collision patterns. This assessment shall include any recommendations identified in Task 6; such as saturation patrols and targeted enforcement activities. We will also NelsonWygaaid Consulting Associates, Inc. 16 25F -15 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA review current programs in peer cities and legal and procedural requirements and willingness to offer a diversion program for youth and /or adults. In addition, we will review the current database systems and processes used by the City for managing and tracking collisions and citations. We will assess the these systems and practices; identifying opportunities for increased efficiencies, simplified data sharing between agencies, and improved evaluation of targeted enforcement activities. Santa Ana Police Department Interviews We will conduct interviews with Santa Ana Police Department Traffic Division and Records to review current and potential future operations (including number of officers allocated to the division by time of day and total hours worked) by task. We will also inquire about desired organizational and procedural strategies to improve safety. We will use the interviews to inform the potential enforcement recommendations and needed framework for establishing a council priority to fund additional enforcement efforts. We expect that the interviews will also provide the opportunity to increase sensitivity in the use of language towards the end of developing a common vocabulary when talking about collisions in Santa Ana, Review Collision Reporting and Data Management Procedures Through interviews and observations, we will document current practices for transferring collision report forms to the collision database; based on the collision analysis findings, we will walk through the challenges in understanding primary collision factors from a sampling of collision reports and discuss opportunities to improve the collision database to allow for enhanced vulnerable roadway user collision analyses, opportunities to improve consistency of collision reporting, and opportunities for enhancements to the collision report form. We will conclude this task with recommendations for process improvements in the transmittal of information into the database, At the moment, our work suggests the following potential improvements: • Educate officers on proper use of entering traffic MPC • Add `Special Information' field from collision report form to database • Revise form to include field for wrong way and sidewalk riding, respectively Review Current Database Systems and Processes We will review data collection, storage and management practices related to collisions and citations and operations conditions. We will identify opportunities for increased efficiencies, simplified data sharing between agencies, and improved evaluation of targeted enforcement activities. Compare Traffic Enforcement Practices with Citywide Collision Analysis We will compare traffic enforcement practices with citywide collision analysis (including enforcement recommendations) to identify any gaps between the current traffic operations practices, staff hours necessary to address the existing collision patterns through directed or targeted enforcement The bullets below describe our recommendations for enforcement of primary Santa Ana collision trends related to the vehicle code, and we will also explore other communities' success stories related to enforcement in the interviews. Potential Bicycle Enforcement Actions: NelsonlNyyaard Consulting Associates, Inc. 17 25F -16 Santa Ana Safe Mobility Plan i Revised Scope of Work City of Santa Ana, CA • Wrong way and sidewalk riding, focused on high collision corridors where adequate facilities are present Potential Pedestrian Enforcement Actions • Yield compliance to pedestrians in crosswalk at high collision intersections (especially for turning movements) • Speed enforcement on high collision corridors during night and off peals hours Diversion Program Feasibility Nelson \Nygaard will collect information from five model traffic diversion programs to describe the impact of traffic diversion programs on peer agencies, This review will also describe the administrative and legal challenges to implementing a program in Santa Ana and the anticipated outcomes, should the Santa Ana Police Department and Santa Ana Unified School District Police Department offer a diversion program for youth and /or adults. Enforcement Recommendations Based on the work in Task 2, above (New Task 4.5), we will develop specific enforcement recommendations related to t) process /system improvements; 2) directed patrols; and 3) diversion programs. The recommendations will assume three levels of investment for each improvement category, and estimate the needed additional staffing resources, budget and relative collision reduction outcomes. We will review the recommendations, and confirm estimated costs with a focus group of enforcement personnel and revise in accordance with their concerns. Doliverables: Draft and final Santa Ana Collision Analysis Report which will Include a citywide analysis, systemic risk analysis, hotspot analysis, and preliminary menu of countermeasures. Summary of opportunities and constraints to chariging current practices related to enforcement, data collection and data storage. Enforcement recommendations related to l ) process /system improvements; 2) directed patrols; and 3) diversion programs lssuttons and/ or exclusions to flee scope of wow We suggest the collision analysis inehtde a risk -based approach to identify patterns and possible over - representation of crash types based on attributes of the roadway network, in order to develop a proactive response to conditions associated with collisions. • Our experience with walking and biking collision analysis suggests that a to -year timeframe may be, desirable, as sample size can be an issue. "'Mnl Y7Ydisr "a NelsoMilygaard Consulting Associates, Inc. 18 25F -17 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA 5.1 Location Prioritization: Pedestrian and Bicycle Demand /Deficiency Analysis Active transportation prioritization processes typically include measures that can be broadly classified as reflective of demand (e.g., proximity to schools, parks, transit stops, population density, employment density) and those reflective of network deficiency (e.g., collision history, number of travel lanes, posted speed, AADT, availability or lack of traffic control). To inform the selection of higher risk field review locations, we will utilize a heat mapping exercise that identifies the relative demand for walling and bicycling throughout the city and compares it to the level of obstacle presented by the roadway network, This analysis will illuminate areas with both high demand and high deficiency, which are frequently high priority areas. The resulting map, overlaid with the risk based and hot spot Y" collision analyses, will allow our team to suggest a list ° of high risk locations from different parts of the city, m ri reflective of the differing conditions facing people walking and bicycling throughout Santa Ana. 5.2 Field Review: Community Walk/Bike - Audits We will conduct community walls and /or bike audits at a sub -set of the locations identified in Task 5.1. These audits, conducted throughout the city, will provide a residents from different neighborhoods an opportunity to share their perceptions of safety issues they encounter when walking and bicycling. This task will _ provide valuable information to complement the consultant team's understanding of contributing This map overlays an assessment of walking factors based on the collision data. In addition to demand with a measure of roadway conditions and listening to the community, these audits will allow our infrastructure quality to highlight areas with a team to observe vehicle, walking and bicycling mismatch of demand and supply. behaviors or infrastructure elements that may be contributing to safety risk. The field reviews will be conducted when school is in session. In addition to raising community understanding of the Safe Mobility Plan issues, the mobile audit workshops will be used to confirm the relative importance of the risk factors developed in Task 4.2 and Task 5.1. Doliverableso Pedestrian and Bicycle Demancl /Deficiency Analysis Preparation, facilitation, and clocurnentation of 3 Community walk/ bike audits yestions nr• scinl concerns that the Ctrl should 6e aware'p,,,[ Community input into the Mobility Safety Plan is important to project prioritization as well as for future support for street capital expenditures. However, the short timeline for the project requires city staff support for a mesningfril engagement. NelsonWygaard Consulting Associates, Inc. 19 25F -18 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA In recognition of the need to balance the many objectives of the local transport system, including travel time reliability, safety, and meeting the mobility needs of a variety of roadway users, we will provide multiple alternatives where appropriate (which may vary by cost, ease of implementation, impacts to other modes, etc.) for consideration by city staff. Recommendations will include innovative and creative street improvement options and will note instances where any of the proposed solutions are outside of existing guidelines (see Task q). The improvements will range from location specific capital improvement projects to systemic changes in operations that will increase safety over time citywide. As important to the decisions about projects is the cultural shift in street design and operations that will reduce speed and other factors contributing to Santa Ana's safety record. There are a number of improvements that will be suggested with a range of costs and impacts traffic operations, including: • High visibility zebra crossing markings, with advanced warning signage • Speed control measures, which are an essential element of a Vision Zero policy to improve safety for all roadway users without compromising vehicular level of service. Signal timing along a corridor, for example, can be set to allow fora smooth flow of traffic at speeds that are safer for all roadway users • Flashing beacons including HAWK signals or Rectangular Rapid Flash Beacons (RRFBs) to increase yielding rates at mid - block crossing locations • Protected bicycle lanes • Median Refuge Islands, identified byFHWA as a proven safety measure, that can be implemented on roadways with existing center turn lanes • Traffic control modifications or bicycle traffic signals, to provide periods where walking and bicycling movements are separated from vehicle turning movements (e.g., leading or lagging pedestrian intervals); additional measures such as no light turn on red or protected left turn phases may also be appropriate • Green paint, which can be used to raise awareness at potential conflict points between vehicles and people on bicycles (e.g., driveways or freeway entrance ramps) • Bicycle boxes, which increase visibility of people on bicycles at signalized intersections where collisions with right turning vehicles is likely common • Road diets, an FHWA recognized proven safety countermeasure, offering the possibility of also implementing median refuge islands and bike lanes • Targeted enforcement at high crash locations or corridor • Use of symbolic warning and regulatory signs for non - English language readers. Other improvements can be implemented on a citywide basis, as fixture City standard practices, or may be more long term in nature. These can guide the vision set forth in the Circulation Element and Active Transportation Plan, including: • Identifying roadways for potential reclassification can introduce flexibility in design that recognizes walking and biking activity patterns and demand • Ongoing educational activities that clarify roadway user behavior for multiple modes, provided in multiple languages and /or utilizing recognizable symbols rather than words. Outreach can also alert users to new facilities, such as bicycle boulevards parallel to arterial corridors • Corridor access management is a longer -term FIl WA recognized proven strategy which can be incorporated into the Circulation Element and Active Transportation Plan, identifying corridors with excess driveways which serve as potential conflict points. NelsonlNygaard Consulting Associates, Inc 110 25F -19 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA • Evaluation recommendations identifying opportunities for enhanced data collection for future analyses • Roadway design standards and guidelines based on any identified roadway factors that are over - represented in the collision analysis 6.9 Memo and Table of Recommended Countermeasures Recommended countermeasures will be informed by the data collection, field review, and collision analyses tasks, and will build on the Preliminary Menu of Countermeasures identified in the collision analysis memo. We will develop a set of engineering, education, and enforcement recommendations to improve safety throughout Santa Ana, including in neighborhoods where safety improvements will reduce health and income disparities. Based on the collision analysis and field review, we will provide a preliminary list of up to 50 candidate project locations with preliminary safety recommendations. Based on client feedback, we will develop a more detailed project table for the top 40 priority locations and corridors. 6.2 Project Cut Sheets We will develop project cut sheets for the highest priority locations, which will provide detail on existing conditions, proposed solutions, cost, and other planning considerations. The sheets will be suitable for including in applications for project funding. Based on anticipated immediate grant applications, gl project cut sheets are budgeted in this proposal. Additional cut sheets can be provided for additional priority locations as an optional taste. 6.3 Toolbox of Countermeasures We will develop a toolbox of countermeasures with guidance that matches each to the appropriate collision types, risk factors and roadway contexts. There will be a separate summary table for pedestrian and bicycle collisions, though some countermeasures may appear in both. 6.4 Street Safety Outreach and Marketing Plan This task will build on the tasks above, the current Travel Safe, Share the Space Campaign and the crash analysis. Our talented creative services staff has developed many effective and graphical transportation campaigns, and will focus their attention on a marketing plan that creates behavior that will impact actual and perceived safety. We will develop targeted messages that relate specifically to what matters most— reducing the number of collisions involving non - motorized transportation users and increasing enforcement against behaviors that actually pose a safety risk. Prepare and Select Safety Outreach Campaign Messages We will summarize key messages based on our analyses of vulnerable road user crashes in Santa Ana. Bicycle Campaign Messages • Dangers of wrong way riding • Dangers of sidewalk riding • Ride on the street and with traffic (when there are bicycle facilities present) • Enter x -walk at walking speed (and on right side of road) to avoid collisions w turning vehicles NelsonWygaard Consulting Associates, Inc. 111 25F -20 Santa Ana Safe Mobility Plan 1 Revised Scone of Work City of Santa Ana, CA • Education that bicycles must follow rules of the road (obey traffic signals and stop signs) • Dangers of erratic /opportunistic riding Pedestrian Campaign Messages • Look before crossing (even when you have the walls signal) • Drivers look in your blind spot before turning • Remind transit users to utilize crossings • Campaign to slow down for our ldds • Gateway treatments when entering SA • Speed lulls campaign (in general) Develop Marketing Plan Citywide marketing and outreach strategies will include but not be limited to the use of bus stop advertising, bus vehicle advertising, light pole banners, public service announcements, billboards, social media campaigns, and /or changeable message signs. Each recommendation will include costs and staffing implications for the design of materials and the implementation. The City shall be responsible for scheduling and purchasing space as well as printing costs. Deliverables: Technical memorandum describing recommended countermeasures at an area or citywide level (e.g. education or enforcement) as well as a detailed project table. Project cut sheets for 31 priority projects. Toolbox of countermeasures by risk factor, collision type, and applicable roadway type Summary of Key Marketing Messages Draft and Final Marketing Plan Assumptions and/ or exclusians to the she ofiuork • Although potential project locations will be identified citywide, for the purpose of budgeting, countermeasure identification and project cut sheets are limited 3o and 5, respectively. • Additional locations for countermeasure identification and /orproject cut sheets can be provided for an additional tee, as identified in the optional task portion of our budget, e The Nelson \Nygaard team stays up -to -speed on all local, regional, and state guidelines, policies, and regulations as this is important to our clients. Some potential solutions will involve multiple agencies. Ror example, a roadway reclassification would involve not only the City of Santa Ana, but may also impact the County Master Plan of Arterial Highways (MPAH) designation for a given facility and would require OCTA approval.'rhe process to "downgrade' the designation of a MPAH roadway would require additional analysis and submittal to OCTA. to prove that the reclassification would not impact the regional mobility goals maintained by OCTA. Additionally, some types of funding provided to Orange County cities are calculated based on the number of MPAH miles within a jurisdiction. The "downgrade" to non -MPAH status may impact future Nelsonftgaard Consulting Associates, Inc. 112 25F -21 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA funding to the City. Finally, should the recommendations impact freeway ramp intersections or other Caltrans facilities, Caltrans approvals would likely be necessary as well. Our team is aware of these processes and can help guide the City of Santa Ana on the associated impacts. Early in the process, our team will perform a consistency review of relevant guidelines and policies to identify potential obstacles or challenges to implement certain countermeasures. We will review all proposed countermeasures for consistency with local, regional, and state policies, regulations, and guidelines. We will highlight inconsistencies (we will not discard any potential countermeasure based on this factor alone, but call it out for consideration in project prioritization), and provide recommendations that could allow implementation. Recommendations may include but are not limited to engineering surveys for speed limit reductions, reclassification of streets, or obtaining approval for pilot /study projects. Importantly, the Nelson \Nygaard team is providing guidance and leadership in many aspects of CEQA reform, and is working closely with the California State Office of Planning and Research to develop meaningful responses to the new policies and shifting priorities. As such, our team is well positioned to provide support for environmental review of the plan, should a need be determined. Deliverables: Technical memorandum reviewing consistency of proposed countermeasures with local, region, and state policies, regulations, and guidelines. �uirlpttoris and or' arxc)usions to thesegpe oftaordc We. suggest presenting preliminary findings of an initial consistency review as an early confirmation during TAC meeting number z (see Task r), The Nelson \Nygaard team will prepare cost estimates for street improvement options at the street segment or intersection level. The cost estimates will use local unit costs to provide a planning level understanding of the cost implications of each improvement to allow for a cost constrained plan that the City to include cost as a measure of effectiveness. The cost information developed will be included in the prioritization system as an input to the ultimate ranking of the countermeasures. Deliverables: Planning level cost estimates for projects identified in Task 6.1 Preliminary engineering cost opinions for the 5 project cut sheets Assumplions and/ or exclusions to the scone of work No special concerns. To inform this task, we will develop a technical memorandum early in the project that proposes a set of preliminary project prioritization criteria based on our experience conducting bicycle and pedestrian plans in other cities as well as criteria used in other active transportation safety plans. The draft criteria can be discussed with the TAC during the first meeting early in the planning process. As discussed in Task 5, active transportation prioritization processes typically include measures reflective of demand, network deficiency and feasibility. The criteria that will be used to rank projects along street segments or intersections will be informed by the data collection, Wlson Nygaard Consulting Associates, Inc. 113 25F -22 Santa Ana Safe Mobility Plan I Revised Scope of Work City of Santa Ana, CA community survey, field review, and collision analysis tasks. Criteria may include, but not be limited to: demand factors (volumes of pedestrians and bicyclists, proximity to specific land - uses), deficiency factors (traffic volumes, posted speed, number of lanes, number of collisions /severity of injuries, collision patterns) as well as feasibility factors (ease of implementation, cost). We can also add criteria that address health and equity, providing points for example to projects in low income neighborhoods or areas of high transit dependency. Deliverables: Technical memorandum of proposed evaluation criteria Prioritized list of safety projects Assumptions andl or exclusions to the she of work We suggest presenting preliminary draft prioritization criteria to TAC for feedback during the first meeting early in the planning process. ® e• Final Report and Executive Summary We will assemble the results from the above tasks into a highly graphic and easy -to- understand final report that effectively conveys the study findings and decision - malting framework that results in the recommended projects and actions. In addition to the items 'identified in the RFP, we will develop a concise executive summary to convey the process and key findings /outcomes that can be shared with the public, elected officials, or other decision - makers. Final report will include but not be limited to the following: i. Introduction, if. Relationship of this document to existing documents, iii. Collision analysis, iv, Toolbox of potential street improvements, v. Recommended improvements, vi. Cost estimates, vii, Prioritization, viii. Matrix of proposed countermeasures, ix. Appendices (include all relevant data) Recommended Rollout Strategy The consultant will provide a multi scenario -based rollout strategy for all engineering, enforcement, and education recommendations, The strategy should prioritize high impact /low cost solutions for early rollout with additional phases based upon multiple funding scenarios. Nelson \Nygaard will work with city staff to identify up to three rollout strategies that differ based on the amount of available funding. For each investment scenario, we will identify a phased approach to implementing engineering, enforcement and educational strategies. High impact /low cost solutions will be prioritized for early roll out, Deliverobles: Draft and final Safe Mobility Santa Ana Plan Executive summary Matrix of High, Medium and Low Impact engineering, enforcement and education strategies including costs for implementation (staff resources and budget) Recommendation for early rollout lssurnp 'o a art ar exeluainns Co the scope p(worlc We suggest developing a concise, graphical executive summary to convey process and key outcomes that can be shared with the public, elected officials or other decision - makers. NeisonWyllaard Consulting Associates, Inc. J 14 25F -23 WN OW "So .. 25F -24 �i es 4� )r w� 8 4 P h fF VF � i $ 8 µ p py CE66 - k� gp Y Y.VM2 E@ a : 8 k8e _ 112 wg pMer. Ayy R.w LY$ Nax �s� I m v 6 a's 77 pp � gpqj °I° �8 F4 Sa Ft SA 6 q ApE' I BC12n LLB _ bl as Rxi i plRyg a 55 fkI SA 25F -25 25F -26 CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE SANTA ANA CITY COUNCIL DECLARING A PUBLIC HEALTH AND SAFETY CRISIS RELATED TO THE HOMELESS AND URGING THE COUNTY OF ORANGE TO TAKE IMMEDIATE ACTION TO PROVIDE SERVICES TO THE HOMELESS AT THE SANTA ANA BUS TERMINAL WHICH THE COUNTY OF ORANGE OWNS AND CONTROLS WHEREAS, homelessness is one of the most pervasive challenges facing cities throughout California; and WHEREAS, the majority of homeless in Orange County primarily congregate in the Civic Center area of Orange County, although there are many throughout the County; and WHEREAS, the County of Orange and the City of Santa Ana have formed a Joint Powers Authority to administer the operations of property within the Civic Center area and the County of Orange has made commitments to address the homeless; and WHEREAS, in 2008 the County of Orange adopted a ten -year action plan to end homeless, and yet the homeless population has significantly increased in the County since 2008; and WHEREAS, since 1996, the County of Orange has received more than $150 million in Homeless Assistance Funding; and WHEREAS, cities throughout Orange County have received millions of dollars to support programs assisting homeless families; and WHEREAS, the City Council of the City of Santa Ana voted to encourage the County of Orange to provide homeless services at the Santa Ana Bus Terminal which was then owned by the Orange County Transportation Authority in an effort to move the homeless population from the Civic Center area where business is conducted at government offices and the court building; and WHEREAS, the County of Orange purchased the Bus Terminal from the Orange County Transportation Authority several months ago; and WHEREAS, the County of Orange has not announced any specific plans to provide services at that location as previously requested by the City of Santa Ana; and WHEREAS, City and County employees have raised concerns about their health and safety in the Civic Center area; and WHEREAS, the City of Santa Ana provides for seven full -time police officers to patrol the Civic Center area; and 85A -1 City Council Resolution No. _ Page 2 WHEREAS, the City of Santa Ana provides numerous security guards to patrol the Civic Center area; and WHEREAS, the City of Santa Ana has instituted a regular cleaning schedule to power wash the concrete areas in the Civic Center area; and WHEREAS, since January 1, 2016 the Santa Ana Police Department has issued over 400 citations for violations of laws in the Civic Center area; and WHEREAS, the City of Santa Ana Police Department operates a HEART Program to serve the needs of homeless individuals and families in the Civic Center area; and WHEREAS, by law the County of Orange is provided with funding to deliver specific social services to the homeless population; NOW, THEREFORE, the Santa Ana City Council does hereby resolve as follows: Section 1. The challenge of confronting homelessness requires the active engagement and leadership of all levels of government, including all 34 Orange County Cities, and especially the County of Orange. Section 2. The City Council hereby directs City Manager Cavazos to immediately 1) contact representatives from each of the County's 33 cities to convene a meeting to discuss the homeless situation and 2) prepare a budget and make recommendations to implement all of the following to address public health and safety in the Civic Center area: - Provide Santa Ana employee parking at the parking structure adjacent to the City library or the parking structure adjacent to City Hall. -Work diligently with the state and county to relocate the needle exchange program from the Civic Center area. - Install improved safety lighting in the Civic Center area. -Work with the County to identify a better location for non - profits and organizations to feed the homeless, such as the Bus Terminal. - Increase the number of security guards patrolling the Civic Center area such that they are available to members of the public and employees to answer questions or escort individuals through the Civic Center. - Continue to power wash the Civic Center area on a regular basis. - Install a kiosk and provide for staffing to offer directions and information to the public. - Increase the presence of Santa Ana Police Officers in the Civic Center area by up to an additional 560 hours and ensure patrols on a 24/7 basis. - Provide additional staffing for departments charged with enforcing code violations or prosecuting crimes committed in the Civic Center area. 85A -2 City Council Resolution No. Page 2 Section 3. The City Council requests that the County of Orange communicate, on or before September 9, 2016, to the City Council of Santa Ana its plan to open the Transit Terminal for homeless services with the understanding that the health and safety impacts of the homeless population is reaching a crisis situation and must be addressed within 30 days. Section 4. The City Council directs the Clerk of the Council to address the letter attached here to as Exhibit A to each City in the County of Orange encouraging each City to adopt a Resolution or submit a letter to the County of Orange encouraging action by the County of Orange. Section 5. This Resolution shall take effect immediately upon its adoption. Section 6. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. PASSED, APPROVED, AND ADOPTED this _ day of 2016. ATTEST: Clerk of the Council APPROVED AS TO FORM: City Attorney 85A -3 Mayor [TO BE PLACED ON CITY LETTERHEAD] Mayor City of [ADDRESS] Re: Request for Support for Homeless Services by the County of Orange Dear Mayor As the Mayor and Council Members of the City of Santa Ana we are writing to seek your assistance and support in encouraging the County of Orange to make a commitment to implement its 2008 action plan to address homelessness. In particular, the County of Orange must begin to offer services to the homeless at the Bus Terminal that it recently purchased. We are all aware that homelessness is one of the most pervasive issues facing our State and particularly our cities in high property -value areas. According to the United States Department of Housing and Urban Development, there were 115,738 homeless people in California in 2015, by far the most of any state in the nation. On any given night there are more than 400 individuals that sleep within the Civic Center of Orange County. On the of City of Santa Ana Council voted to encourage the County of Orange to provide services to the homeless at the Bus Terminal in Santa Ana. Several months ago the County of Orange finally purchased the Bus Terminal that was previously owned by the Orange County Transportation Authority. Yet, to date the County has not announced any plans as to how it intends to use the Bus Terminal. We are writing to ask you and all the other mayors and city council members of each Orange County city to join us in encouraging the County of Orange to take action. You can adopt a Resolution similar to the one enclosed which we adopted on September 6, 2016 or you can write your own letter of support. The homeless effect all of our communities and we must all join together to encourage action to address this problem. If you have any questions, please contact or any of us by email or by phone at Thank you, Santa Ana Mayor and City Council Members [PROVIDE SIGNATURE LINES FOR MAYOR AND COUNCIL MEMBERS] PTUM